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

Regulations

Sectional Titles Amendment Regulations, 2021

31. Destruction of or damage to building and transfer of interest

 

(1) Whenever a building or buildings are damaged or deemed to be destroyed as contemplated in section 17 of the Sectional Titles Schemes Management Act, 2011, and a scheme has been authorised as provided for in section 17(3)(a) of the said Act, the body corporate shall notify the registrar .The notification referred to in section 17(9) of the Sectional Titles Schemes Management Act, 2011, shall be in the form of Form X of Annexure 1.

[Regulation 31(1) substituted by regulation 9(a) of Notice No. 427, GG 40842, dated 12 May 2017]

 

(2) The notification to the registrar pursuant to subregulation (1) shall be accompanied by—
(a) a sectional plan which shall exclude reference to any section or part of a section which has been destroyed; and
(b) the affected title of the owner of the unit or holder of any real rights together with the consent of the holder of any mortgage bond or holder of any real rights for disposal thereof.

[Regulation 31(2) substituted by regulation 7 of Notice No. R. 196 dated 14 March 2013]

 

(3) The registrar shall give effect to the requirements as contemplated by section 17(3)(a)(ii) of the Sectional Titles Schemes Management Act, 2011, by making an appropriate endorsement on the relevant deeds.

[Regulation 31(3) substituted by regulation 9(b) of Notice No. R. 427, GG 40842, dated 12 May 2017]

 

(4) The registrar shall advise the Surveyor-General and the local authority of any registration pursuant to section 17 of the Sectional Titles Schemes Management Act, 2011, which advice shall be accompanied by a copy of the sectional plan referred to in subregulation (2), in the case of the local authority, and by the original, in the case of the Surveyor-General.

[Regulation 31(4) substituted by regulation 9(c) of Notice No. R. 427, GG 40842, dated 12 May 2017]

 

(5) On receipt of the notification pursuant to subregulation (4), the Surveyor-General shall make the required amendments and endorsements on the sectional plan and the  deeds registry copy thereof.

[Regulation 31(5) substituted by regulation 23 of  Notice No. R. 2653 dated 8 November 1991]