Section 18 of the Sectional Titles Act 1971 and section 25 of the 1986 Act refers.
The question is this: What does a Sectional title Scheme consist of?
a) All the created land depicted on the registered Sectional Plan? (registered in the deeds registry) or
b) All the proposed land depicted on the approved Sectional Plan? (approved by the local authority after 1971 or the SG after 1988)?
Because itis a sectional title, the definition of land refers to the buildings including proposed buildings (extensions to the scheme), and the erf seized to exist in the land registered upon approval of the Scheme, and not upon registration and the opening of the sectional title register of the Scheme.
The courts seem to be divided in its opinion as to whether a developer is an owner of such proposed and approved "land" before he has registered the sectional plan of extension.
I have interviewed the Surveyor-General in PMB and the answer I got is as follows:
The SG only approves draft sectional plans for existing buildings. The developer must first obtain building plans and build the buildings. Thereafter the architect or Surveyor will submit draft Sectional plans for approval by the SG and registration of approved Sectional plans by the Registrar.
The architect will furnish a certificate that the buildings have been erected in accordance to the operative town planning scheme.
Now, upon registration of the Sectional plan, the developer endorses the sectional plan with a condition to complete the buildings in accordance to the approved sectional plan. Who approved this draft sectional plan of extension if the SG only approves draft sectional plans of completed buildings, and not draft sectional plans for proposed buildings? And how will the body corporate ever complete the scheme in accordance with the approved plan if there is no such sectional plan? Or does section 25(2) b refer to a building plan as suggested by the SG?