Question:
I live in a sectional title complex and want to enclose my veranda with an aluminium roof and aluminium/glass sides and doors. What is the correct procedure to follow?

Answer:
The most important enquiry is whether the veranda forms part of your section or part of the common property as the procedure to enclose a veranda differs depending on its nature. You can ascertain the nature of your veranda by examining a copy of the scheme's sectional plan held at your local Deeds Registry.

The veranda forms part of your section if it is situated within the solid lines that indicate the boundaries of your section. The veranda is part of the common property if it is not within the boundaries (solid lines) of your section as shown on the sectional plan.

If the veranda is part of your section

If the veranda is part of your section, then by enclosing it you will not be extending the boundaries or floor area of your section and therefore the enclosure will not amount to an extension of your section as envisaged by section 24 of the Sectional Titles Act 95 of 1986 ('the Act'). In light of this, you would not require a special resolution of the body corporate to authorise its enclosure.

Your next step then would be to find out whether or not the enclosure alterations require building plans to be approved by the local authority and if so to present these plans to the trustees for their signature.

I must bring to your attention prescribed management rule 68(1) (IV) which states that an owner shall not do anything to his section which is likely to prejudice the harmonious appearance of the building. This is an absolute prohibition and therefore if your proposed enclosure alterations are likely to prejudice the harmonious appearance of the building then you are prohibited from carrying out these alterations.

To avoid prejudicing the harmonious appearance of the building I would suggest that any materials used in the alterations are in keeping with the materials and colour used throughout the rest of the building.

If the veranda is part of the common property

If the veranda forms part of the common property, then by enclosing it you would effectively be extending the boundaries and floor area of the section and would therefore need to follow the procedure of legally extending your section in terms of section 24 of the Act.

This procedure always requires a special resolution of the body corporate to be passed but could also require the consent of all bondholders in the scheme if the participation quota of any section deviates by more than 10 per cent as a result of the extension.

Once you have acquired the relevant approval you would then have to ascertain whether or not your enclosure alterations require building plans to be approved by the local authority and if so to present these plans to the trustees for their signature.

The next step would then be to instruct a land surveyor or architect to draft amending sectional plans of extension to be submitted to the Surveyor-General and then the Registrar of Deeds for approval. Once the amending sectional plans have been approved and filed in the scheme's file held at the Deeds Office your section would have been extended.

It is important to note that the participation quota of your section will increase and therefore your levy will increase as well.

As mentioned above, your enclosure alterations may not prejudice the harmonious appearance of the building. However if you receive the required authorization in terms of section 24 of the Act, I would presume that the majority of owners in the scheme do not believe that your alterations will prejudice the harmonious appearance of the building.

www.paddocks.co.za

Click here to ask Jennifer a question regarding sectional title property...

Links to previous Q&As by Jennifer Paddock:

• Sectional title Q&A
• Sectional title Q&A 2
• Sectional title Q&A 3
• Raising special levies
• Garages: common property?

RSS

Digg

de.li.cious

facebook

MORE PROPERTY

Absa provides 110% Absa announced on Monday that mortgages of 110 percent are now available...

Find your dream home In the market for a new home? Browse our massive database for the perfect property...

Property slump is over! House prices increased by 6.9 percent year-on-year in August...