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Sectional Titles Act, 1986 (Act No. 95 of 1986)

Regulations

Sectional Titles Amendment Regulations, 2021

16. Registration of transfer of ownership and registration of other rights in respect of parts of buildings

 

(1)
(a) Simultaneously with the establishment of a body corporate, the registrar shall issue a certificate in the form of Form W in Annexure 1: Provided that the registrar may, on application being made by a body corporate in respect of which such certificate has not been issued prior to 1 June 1981, issue such certificate, in the form of Form W after the date of establishment of such body corporate.
(b)
(i) A draft certificate in the form prescribed in paragraph (a) shall be prepared by a conveyancer and lodged in triplicate with the registrar.
(ii) The original certificate shall be delivered to the Chief Ombud, one copy filed in the sectional title file, and the remaining copy shall be delivered to the conveyancer.
(c) Once a certificate has been issued in terms of paragraph (a), no further such certificate shall be issued in respect of the building concerned, but if required the registrar may issue a certified copy of the deed registry copy of the certificate or a certificate of replacement as contemplated in paragraph (d).
(d)
(i) Where the Chief Ombud has notified the registrar in writing that the original certificate referred to in subregulation (1)(b)(ii) has been lost or destroyed, a certificate of replacement in the form of Form AO in Annexure 1 shall be prepared by a conveyancer and lodged in triplicate with the registrar.
(ii) The original certificate of replacement shall replace the  original certificate that has been lost or destroyed. The original certificate of replacement and the copies thereof must be endorsed with a deeds registry date endorsement. The original certificate of  replacement and one of the copies thereof must be delivered to the conveyancer and the other copy must be filed in the sectional  title file.

[Regulation 16(1) substituted by regulation 7(a) of Notice No. R. 427, GG 40842, dated 12 May 2017]

 

(2) The deed of transfer referred to in section 15B(1) of the Act, shall be in the form of Form H in Annexure 1.

[Regulation 16(2) substituted by regulation 10(b) of Notice No. R. 2653 dated 8 November 1991]

 

(3) [Regulation 16(3) deleted by regulation 7(b) of Notice No. R. 427, GG 40842, dated 12 May 2017]

 

(4) An application referred to in section 15B(5) of the Act, shall be in the form of Form I in Annexure 1.

[Regulation 16(4) substituted by regulation 10(d) of Notice No. R. 2653 dated 8 November 1991]

 

(5) A certificate of registered sectional title referred to in section 15B(5) and (5A) of the Act, shall be in the form of Form J in Annexure 1.

[Regulation 16(5) substituted by regulation 7(c) of Notice No. R. 820 dated 28 September 2011]

 

[Section 16 substituted by regulation 7 of Notice No. R. 820 dated 28 September 2011]