Ex­ten­sion of sec­tions un­der sec­tional ti­tle

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DE­MANDS Martin Bester, MD of In­ter­sect Sec­tional Ti­tle Ser­vices, com­ment­ing on the Sec­tional Ti­tles Amend­ment Act No 11 of 2010 pub­lished on De­cem­ber 7 last year, said that as be­fore, un­der Sec­tion 24 any owner wish­ing to ex­tend his or her sec­tion needs to ap­ply to the body cor­po­rate for ap­proval. “On re­ceiv­ing this ap­proval, which must be in the form of a spe­cial res­o­lu­tion of the mem­bers, the owner must ar­range a draft sec­tional plan of ex­ten­sion which is then sub­mit­ted to the Sur­veyor-Gen­eral for ap­proval. The amend­ments for Sec­tion 24 (6) (d) (i) now pre­scribe that a land sur­veyor or ar­chi­tect, as op­posed to a con­veyancer as was pre­vi­ously pre­scribed, must con­firm that the pro­posed ex­ten­sion does not ex­ceed the 10% ex­ten­sion thresh­old cur­rently in place. Should the ex­ten­sion ex­ceed the 10% thresh­old, then amended Sec­tion 24 (6) (d) (ii) pre­scribes that a con­veyancer must pro­vide a cer­tifi­cate con­firm­ing that all mort­gagees have con­sented to the reg­is­tra­tion of the sec­tional plan of ex­ten­sion of that sec­tion,” says Bester. “Lastly, an in­ser­tion had been made (Sec­tion 24 (6A)), which states that should the ex­ten­sion de­vi­ate by more than 10% then the ap­pli­cant must in­form, by reg­is­tered post, all mort­gagee,s and pro­vide cer­tain pre­scribed de­tails. Should the ap­pli­cant not re­ceive an ob­jec­tion to the no­tice within 30 days it will be deemed the mort­gagee con­sents thereto.”

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