Sectional title unit ownership Is there any legal information preventing the conversion of a car garage for human occupation in sectional title units?

Sectional title schemes are essentially communities who have joined together with a specific intent. Any change to the basic nature and/or intent of the scheme may therefore defeat the purpose of the scheme, unless such a change is consented to by all, in writing.

In the recent court case of Mineur V Baydunes Body Corporate and Others the question was raised as to whether a sectional title owner could convert their garage into a residential space.

In assessing the legal position, the court looked at Section 13(1)(g) of the Sectional Titles Schemes Management Act 8 of 2011, which clearly states that “when the purpose for which a section or exclusive use area is intended to be used as shown expressly or by implication on or by a registered sectional plan, an owner must not use nor permit such section or exclusive use area to be used for any other purpose than indicated on the sectional plan. The only instance in which an owner may use his unit for another purpose as indicated on the sectional plan, is if the written consent of all owners concerned, within the sectional title scheme, is obtained that such section or exclusive use area may be used for the purpose as consented to”.

The Court went on to find that even if there is an objection by one unit owner in the sectional scheme to the conversion of garages into residential spaces, this is enough, even if the majority of the unit owners consent to the conversion, and the conversion will be unlawful and invalid. The conversion can thus only occur when all unit owners provide their written consent. The conversion of garages into residential spaces do not only impact unit owners but also the entire sectional title scheme as it could create a lack of parking for vehicles in an already confined area. Additionally, the building plans of every sectional title scheme must meet certain parking requirements imposed by the Local Municipality to ensure safety and convenience for the residents in the scheme.

However, this does not mean that a unit owner will never be able to make alterations to their unit. Basic alterations can usually be dealt with by the rules of the scheme and be approved by the body corporate. However, for changes where the nature and intent of the unit or scheme is changed, it will be important to obtain the written consent of all the members of the sectional title scheme, by showing that your alteration will not impact the common property in the sectional title scheme.

For any further advice and information on sectional title and sectional title unit ownership, contact JFY Attorneys today! No need to wait any longer or look any further! If you need a keen lawyer, give JFY Attorneys a call. With our economical rates, no task is too small.