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Sectional title corner – how to add a room to your unit

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The owner of section 12 wants to add a room to his unit and our managing agent tells us that it will be extension of a section in terms of Section 24 of the act. This section requires a special resolution to be passed by the body corporate, but I have read the act and I see in Section 17 that for alienation of the common property you need a unanimous resolution. Is our managing agent wrong on this? – David


Dear David,

I got confirmation from sectional title attorneys Paddocks that this is a common misconception. Your managing agent is right: it is only a special resolution that is needed.

Alienation of the common property means that you are selling off a portion of the common property – it is no longer part of the common property then – and removing it from the scheme. When extending a section you are not removing a portion of the common property from the scheme. Trafalgar logo fc_pay off line

Got a burning question? Email david@hometimes.co.za and we’ll be sure to assist you.

Who is Karien Coetzee?

Karien Coetzee, national property management consultant at Trafalgar.

Karien Coetzee, national property management consultant at Trafalgar.

Karien Coetzee is the national property management consultant at property management company, Trafalgar. She holds qualifications in sectional title schemes management and homeowners association management.


David A Steynberg, managing editor and director of HomeTimes, has more than 10 years of experience as both a journalist and editor, having headed up Business Day’s HomeFront supplement, SAPOA’s range of four printed titles, digimags Asset in Africa and the South African Planning Institute’s official title, Planning Africa, as well as B2B titles, Building Africa and Water, Sewage & Effluent magazines. He began his career at Farmer’s Weekly magazine before moving on to People Magazine where he was awarded two Excellence Awards for Best Real Life feature as well as Writer of the Year runner-up. He is also a past fellow of the International Women’s Media Foundation.

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  • Denis 13th June 2016

    I am intrigued, I think the information given is incomplete and vague. The act does not define “alienation”, so we must presume it is as per the Alienation of Lands Act. I would argue that in the event the section is extended and no amendment to the Section ownership has been recorded, namely via a lease of common property the above is true. In the event the section, via the final surveyor general amendments to the SG diagram, is transferred to the section owner common property is effectively alienated and thus able to be re-sold. I submit both section 17 and section 24 of the act would apply. In short the section owner would need to enter into a lease agreement in excess of 10 years (i.e. registered at the deeds off) to circumvent the unanimous requirements.