Sectional title law to fall under Human Settlements

A new draft bill intends to make sectional title management more understandable for the public, moving jurisdiction to a different government department.

The bill effectively separates management and governance issues, incorporating them into a new act in a more user-friendly format but without changing the substance of the provisions, says David Warmback of Shepstone and Wylie Attorneys.

He says the cabinet has for some time wanted to bring all housing-related legislation under the administration of the Department of Human Settlements so that all housing matters "reside under one roof".

The Sectional Titles Act of 1986 deals with technical survey and registration issues relating to plans and real rights in sectional title units, as well as the management and administration of sectional title schemes. The act falls within the jurisdiction of the Department of Rural Development and Land Reform.

The bill, therefore, removes the scheme management provisions from the act and incorporates them in a new statute administered by the Minister of Human Settlements, while rearranging them so they are more easily understood without materially changing their content.

All provisions regulating the survey and registration aspects of sectional title schemes will remain included in the act under Rural Development and Land Reform.

Weekend Property supplement (Saturday Argus)

Posted at 09:20AM Jan 04, 2010 by Editor in Market  |