| (1) |
A draft sectional plan intended to be approved by a Surveyor-General and registered in a deeds registry shall comply with the following requirements: |
| (a) |
It shall be prepared in black print of good quality on a good, durable drawing material of any of the following sizes: 297 x 210 mm; 297 x 420 mm or 297 x 841 mm. |
[Regulation 5 (1)(a) substituted by regulation 2(a) of Notice No. 830 dated 25 August 2000]
| (b) |
Only one side of the sheet shall be used. |
| (c) |
[Regulation 5(1)(c) deleted by regulation 2(b) of Notice No. 830 dated 25 August 2000] |
| (d) |
Margins 40 mm wide along the 297 mm binding side of the sheets and 10 mm wide along the other sides, shall be provided and such margins shall, subject to the provisions of paragraph (h), be left free of any writing or drawing. |
[Regulation 5(1)(d) substituted by regulation 2(c) of Notice No. 830 dated 25 August 2000]
| (e) |
All linear measurements recorded on such plan shall be in metres to two decimal places. |
| (f) |
If angles or angles of direction are required to be shown on such a plan they shall be expressed to nearest 10 seconds. |
[Regulation 5(1)(f) substituted by regulation 2(d) of Notice No. 830 dated 25 August 2000]
| (g) |
Any drawing on such plan shall be plotted to a standard scale: Provided that— |
[Words preceding subregulation (1)(g)(i) substituted by regulation 2(e) of Notice No. 830 dated 25 August 2000]
| (i) |
the size of the figure shall be sufficiently large to show all the required details; and |
| (ii) |
if necessary, block plans, floor plans and cross-sections of a building may be shown on more than one sheet. |
[Regulation 5(1)(g) substituted by regulation 3(a) of Notice No. R. 60 dated 15 January 1993]
| (h) |
Any addition, alteration or interlineation on a draft sectional plan shall be initialled by the responsible land surveyor or architect and for this purpose, the margin on the right hand side of the sheet opposite such addition, alteration or interlineation shall be used. |
[Regulation 5(1)(h) substituted by regulation 2(f) of Notice No. 830 dated 25 August 2000]
| (i) |
A Surveyor-General may refuse to approve a draft sectional plan should he or she be of the opinion that such plan is dilapidated or has been prepared in a careless manner or that the appearance thereof is spoilt by additions, alterations or interlineations. |
[Regulation 5(1)(i) substituted by regulation 2(g) of Notice No. 830 dated 25 August 2000]
| (j) |
[Regulation 5(1)(j) deleted by regulation 2(h) of Notice No. 830 dated 25 August 2000] |
| (k) |
All buildings, sections and exclusive use areas, shall be uniquely numbered. |
[Regulation 5(1)(k) substituted by regulation 2(i) of Notice No. 830 dated 25 August 2000]
| (l) |
If boundaries of a section or of a part thereof cannot be defined by reference to its floor, walls and ceiling, such boundaries shall be defined in a manner acceptable to the Surveyor-General. |
| (m) |
The common boundary between an exclusive use area created in terms of section 25(9), 27(1), 27(2) or 60(3) of the Act and a section or common property is, in the case of physical features, the median line of the dividing floor, wall, ceiling, fence or other similar feature, unless boundaries have been described in a different manner on the sectional plan; otherwise a boundary which is not a physical feature, shall be described in a manner acceptable to the Surveyor-General or in terms of beacons determined in accordance with the provisions of the Land Survey Act, 1997 (Act No. 8 of 1997), which beacons shall be described, and sufficient data given on such plan to define the area and to determine the location thereof in relation to the building, section or boundaries of the land.
|
[Regulation 5(1)(m) substituted by regulation 2 of Notice No. R. 820 dated 28 September 2011]
| (n) |
Each sheet shall contain the following: |
| (i) |
the title of the sheet; |
| (ii) |
the sheet number and an indication of the number of sheets of which the draft sectional plan consist; |
| (iii) |
the name and address of the architect or land surveyor concerned or, if he or she is practising with a firm of architects or land surveyors, his or her name and the name and address of the firm, the signature of the architect or land surveyor, and his or her professional designation; |
| (iv) |
the date on which the architect or land surveyor signed the sheet; |
| (v) |
a space which shall be provided for the approval certificate of the Surveyor-General, |
provided that any departure from these requirements shall require the prior approval of the Surveyor-General.
[Regulation 5(1)(n) substituted by regulation 2(k) of Notice No. 830 dated 25 August 2000]
| (2) |
A draft sectional plan shall consist of the following sheets which, subject to the provisions of the Act and subregulation (3), shall contain the particulars prescribed by this subregulation: Provided that if such a plan is intended for the purposes of a subdivision, consolidation or extension of a section or sections, or for the extension of a scheme or common property, or in the circumstances referred to in sections 27(2) of the Act, or for the amendment of a scheme due to the destruction of or damage to a building or buildings, or for the amendment of a sectional plan in terms of section 14(1) of the Act, it need only comprise such sheets as are affected by such amendments, and the heading of such plan shall be styled as an amending sectional plan: |
[Words preceding Regulation 5(2)(a) substituted by regulation 3(d) of Notice No. R. 60 dated 15 January 1993]
| (a) |
A first sheet which shall be substantially in the form of Form AC in Annexure 1 and which shall contain, in addition to the particulars mentioned in subregulation (1)(n), the following: |
| (i) |
The name of the scheme; |
[Regulation 5(2)(a)(i) substituted by regulation 4(b) of Notice No. R. 2653 dated 8 November 1991]
| (ii) |
the description of the land as reflected on the relevant approved general plan or approved diagram; |
| (iii) |
the number of the relevant approved general plan or of the approved diagram of the land; |
| (iv) |
the number of the section or part of a section that is found in every building: Provided that if a building consists only of common property, it shall be described as such; |
[Regulation 5(2)(a)(iv) substituted by regulation 3(e) of Notice No. R. 60 dated 15 January 1993]
| (v) |
the nature of any encroachment on the land to which the scheme relates; |
| (vi) |
a certificate signed by the architect or land surveyor that the draft sectional plan has been prepared from actual measurements taken by him or her or under his or her direction: Provided that where the responsibility for the preparation of the draft sectional plan is carried by more than one person, each of such architects or land surveyors shall affix a certificate to this sheet, and such certificate shall disclose to what extent he accepts responsibility for the preparation of the draft sectional plan; |
[Regulation 5(2)(a)(vi) substituted by regulation 2(l) of Notice No. 830 dated 25 August 2000]
| (vii) |
a caveat, if a developer should reserve the right under section 25 of the Act to erect a further building or buildings to horizontally or vertically extend an existing building; |
[Regulation 5(2)(a)(vii) substituted by regulation 2(l) of Notice No. 830 dated 25 August 2000]
| (viii) |
the name of the local authority; |
[Regulation 5(2)(a)(viii) substituted by regulation 3(f) of Notice No. R. 60 dated 15 January 1993]
| (ix) |
[Regulation 5(2)(a)(ix) deleted by regulation 5 of Notice No. R. 1422 dated 31 October 1997]; |
| (x) |
the sheet number on which every exclusive use area is found; |
[Regulation 5(2)(a)(x) inserted by regulation 3(g) of Notice No. R. 60 dated 15 January 1993]
| (aa) |
the signature of the registrar and his or her or her reference number; and |
| (bb) |
the signature of the Surveyor-General and his or her reference numbers; |
[Regulation 5(2)(a)(xi) substituted by regulation 2(l) of Notice No. 830 dated 25 August 2000]
| (b) |
a sheet or sheets on which a block plan is prepared which shall, in addition to complying with the provisions of section 5(3)(a) of the Act and subregulation (1)(n), contain or indicate the following: |
| (i) |
a description of contiguous land, and the names of contiguous streets, if any; |
| (aa) |
the position at ground level of the external surfaces of the walls of all buildings shown by a solid line, together with the horizontal distances between each rectilinear cadastral boundary and the buildings nearest to such boundary: Provided that where such external surfaces of any walls are interrupted at ground level by features such as archways, doorways or similar openings, such external surfaces shall likewise be shown by a solid line; |
| (bb) |
the greatest extent to which the external surfaces, excluding roof overhangs, unless such overhang encroaches over the cadastral boundary, protrude beyond the external surfaces of the building at ground level shown by distinctive broken lines, together with horizontal distance between each rectilinear cadastral boundary and the nearest protrusion to such boundary: Provided that if a basement area determined by the internal surfaces of the walls projects beyond the external surface of the building at ground level, such projection shall likewise be shown separately by a distinctive broken line: Provided further that a brief description shall be given of all parts of the building indicated by a distinctive broken line; |
[Regulation 5(2)(b)(ii) substituted by regulation 3(h) of Notice No. R. 60 dated 15 January 1993]
| (iii) |
any encroachment on the land to which the scheme relates; |
| (iv) |
any servitude burdening the land reflected on the relevant approved diagram or general plan; |
| (v) |
a sign indicating the true north directions; |
| (vi) |
an exclusive use area as referred to in subregulation (1)(m) which shall be delineated by means of distinctive broken lines and shall express the area to the nearest square metre: Provided that if details cannot clearly be shown on the sheet such details may be shown in an inset or on an additional sheet as contemplated in paragraph (f); |
[Regulation 5(2)(b)(vi) substituted by regulation 2(l) of Notice No. 830 dated 25 August 2000]
| (c) |
a sheet or sheets on which the diagrammatic floor plan in respect of each storey in the building or buildings referred to in section 5(3)(c) and (d) of the Act are shown and which shall contain, in addition to the particulars mentioned in subregulation (1)(n), the following: |
| (i) |
The boundaries of the sections shown in a solid line; |
| (ii) |
the common property areas by means of distinctive broken lines; |
| (iii) |
an indication of the position of the diagrammatic cross-sections when required in terms of subregulation (3); |
[Regulation 5(2)(c)(iii) substituted by regulation 3(i) of Notice No. R. 60 dated 15 January 1993]
| (iv) |
the number of each section or part of such section; |
| (v) |
[Regulation 5(2)(c)(v) deleted by regulation 3(c) of Notice No. R. 2356 dated 5 October 1990]; |
| (vi) |
a sign indicating the true north direction; |
| (vii) |
such other information as may be necessary to define each section; |
| (viii) |
an exclusive use area as referred to in subregulation (1)(m), which shall be delineated by means of distinctive broken lines and shall express the area to the nearest square metre: Provided that if details cannot clearly be shown on the sheet, such details may be shown in an inset or on an additional sheet as contemplated in paragraph (f); |
| (d) |
[Regulation 5(2)(d) deleted by regulation 3(j) of Notice No. R. 60 dated 15 January 1993];
|
| (e) |
a sheet or sheets containing in numerical sequences— |
| (i) |
the floor area of the sections as referred to in section 5(3)(e) of the Act; and |
| (ii) |
the participation quotas in respect of the sections in the Annexure as referred to in section 5(3)(g) of the Act: Provided that the participation quotas of the separate sections shall be made up in such a way that the total participation quota is equal to 100,0000; |
[Regulation 5(2)(e) substituted by regulation 3(d) of Notice No. R. 2345 dated 5 October 1990]
| (f) |
a sheet or sheets containing the insets referred to in paragraphs (b)(vi) and (c)(viii). |
| (3) |
A draft sectional plan shall, when uncertainty or ambiguity about the boundaries of a section, as defined in the Act, may exist, contain an additional sheet or sheets that contain diagrammatic cross-sections of the building or buildings of every floor in the building or buildings, detailed sufficiently to indicate the boundaries of every section, and that contain, in addition to the particulars mentioned in subregulation (1)(n), the following: |
| (a) |
The number of the building and the name or number of every floor; |
| (b) |
such other information as may be necessary to define every section. |
[Regulation 5(3) inserted by regulation 3(k) of Notice No. R. 60 dated 15 January 1993]
Municipal Demarcation Act, 1998
