Sectional Title Ownership – Rights & Responsibilities
Understanding What You Own in a Community Scheme
Buying into a sectional title scheme is very different from owning a freehold property. Ownership is divided between your private section and the shared common property, which means both rights and responsibilities must be clearly understood. This guide explains what you own, what you can do, and how to participate responsibly in your community scheme.
What Do You Actually Own?
In a sectional title scheme, ownership is defined by the sectional plan.
You typically own:
- The interior of your unit (your section)
- The space up to the median line — the halfway point through walls, floors, and ceilings
- An undivided share of the common property
Common property includes structures and shared areas such as roofs, exterior walls, gardens, and access roads. Although you don’t own these individually, you share responsibility through levy contributions.
Your Rights as an Owner
Owning in a community scheme comes with several important rights:
Use and Enjoyment of Your Section
You have the right to occupy and use your unit, provided this use does not unreasonably interfere with others.
Participation in Scheme Governance
Owners may:
- Attend general meetings
- Vote on important decisions
- Nominate or serve as trustees/directors
Access to Information
Owners may request access to scheme records such as financial statements, meeting minutes, and rules (subject to privacy protections).
Understanding Exclusive Use Areas (EUAs)
Exclusive Use Areas are parts of common property allocated to specific owners — for example:
- Parking bays
- Private gardens
- Certain balconies or patios
Although you may maintain and use an EUA, ownership remains with the body corporate. Whether an EUA can be changed or removed depends on how it was created — either on the sectional plan or through registered conduct rules.
Responsibilities Every Owner Must Understand
Living in a community scheme requires cooperation and compliance with shared rules.
Paying Levies
Levies fund maintenance, insurance, administration, and long-term planning. Failure to pay can result in legal action and additional costs.
Following Conduct Rules
Conduct rules regulate behaviour within the scheme. These may include:
- Noise guidelines
- Parking requirements
- Pet approvals
- Use of balconies or common areas
Rules must be applied equally to all residents.
Avoiding Nuisance
Owners must ensure their activities do not interfere with others’ enjoyment of the scheme. Excessive noise, smoke drift, or repeated disturbances may be treated as nuisance behaviour.
Alterations and Improvements – What Requires Approval?
Internal cosmetic changes like painting or replacing cupboards are usually permitted.
However, written approval is required for:
- Structural alterations
- Balcony enclosures
- Changes affecting external appearance or common property
Trustees must ensure uniform aesthetics and structural compliance.
Where Should Owners Start When Unsure?
If you’re unsure about your rights or responsibilities, always refer to:
- The sectional plan
- The scheme’s conduct and management rules
- Your managing agent or trustees
Understanding these documents helps avoid misunderstandings and ensures harmonious living within the scheme.
Sectional Title Ownership in South Africa – What Do You Own?
Exclusive Use Areas — A Closer Look at the Rules and Regulations
