Page 14 - Silver Lakes June 2024

PROPERTY NEWS

PROCEDURES TO FOLLOW FOR

SECOND DWELLINGS

t has become common practice for the extension of sectional title units, we have consequences as such an application’s
country’s financial institutions to request experienced major challenges with duet costs and contributions can be as high
Iapproved building plans as well as properties (defined as “a sectional title as R80 000. The application itself takes
approved sectional plans for all properties property that contains two dwelling units about eight to 12 months, so it can delay a
that are to be bonded with them. on a singular erf”). property transaction substantially.

It is usually at this point in the transaction Before 29 April 1992, every property owner The consent application as well as the
that it is discovered that the sectional was allowed to develop a “living unit” SPLUMA certificate are obtained for the
plans of a property have not been updated of 100m² attached to the main house as whole erf, so the costs must be split
after additions to the building – and a primary right, without consent from between the two owners of the duet
that, therefore, amended plans have to the city council. This also allowed for development. Unfortunately, in practice,
be obtained before the transaction can the registration of sectional titles over the second owner – who is not involved in
proceed. the main house and living unit as a duet the property transaction – rarely consents
development. to splitting the costs. So, the owner wanting
After amended sectional plans are to sell his property is stuck with the costs,
obtained, the extension of the unit must On 29 April 1992, the living unit as a otherwise the property transaction can’t
be registered in the Deeds Office to update primary right was replaced with a second proceed.
the title deed with the new extent of the dwelling application subject to a consent
property. use procedure. In the instance that the Therefore, it is imperative to ask owners
existing living unit exceeds the 100m² (due of sectional title properties (duet
For this extension application, the Deeds to additions thereto), the right to erect a developments) whether they’ve extended
Office requires a section 29(8) certificate living unit lapses and a land development the property, and to ensure that they had
in terms of the Spatial Planning and Land application needs to be submitted, the necessary consent in place before any
Use Management Act 16 of 2013 (SPLUMA evaluated and adopted for the erection construction/building work commenced
legislation) – and, more specifically, the of an additional dwelling-house before a which resulted in an increase of floor area
City of Tshwane Land Use Management By- SPLUMA certificate can be issued. of the unit. If not, the abovementioned
laws. process must first be completed before the
This means that an application for the property can be sold.
Meeting the challenge consent for a second dwelling needs to
Since the promulgation of the City of be submitted to the City Council, which
Tshwane Land Use Management By-laws will result in the local authority requesting
2016 and the requirement to provide a bulk contributions for the services to
Section 28(9) SPLUMA certificate for the the property. This can have dire financial

12 | INTRAMUROS JUNE 2024