Housing in Southern Africa May 2016

Housing

Renovating in sectionals

A ccording to sectional title spe- cialist, Michael Bauer of IHFM, alterations to a unit is not permitted without the prior consent of the trustees of the body corporate and the local municipality. This applies to improvements that involve structural changes, an exten- sion of a section or an alteration to the external façade of the building, or any major building work. If electrical work is involved, a qualified electrician must be used and a compliance certificate needs to be issued. The same thing applies if plumbing work is required: the plumber’s compliance certificate has to be issued on completion of the work. “These requirements are often overlooked, especially by home owners undertaking kitchen and bathroom renovations. Although, the changes may appear to be minor it sometimes can have serious con- sequences and result in damage to other units,” said Bauer. Proceedingwith renovations with- out first applying for approval is a breach of the scheme’s rules of conduct. These rules should be filed with the Deeds Office and included as an addendum to the Deed of Sale. This can vary fromscheme to scheme but owners should make a point of reading them carefully. This should be done before completing the sales agreement. The most common building al- teration problems relate to material deliveries and the increased risk of theft, noise, dirt and rubble, which can severely disrupt the lives of other residents. “Typically, a new owner will take transfer of a unit and two or three days later start a major makeover – without the trustees’ consent. This includes jackhammers, grinders and floor sanders. It can also mean building rubble being moved from an upper unit to the ground floor and using the lifts in the building. If the plumbing has to be revamped, this can mean cutting off the water sup- ply for a few hours. Matters can get even worse if the renovations causes damage to the structure, common property or neighbouring units.” Bauer says that the new home owner should apply to the body corporate for permission and then

Problems often arise when an owner of a sectional title unit plans to make changes to the property but has not followed the correct procedure.

corporate. Delivery vehicles are also a hazard and can cause damage to common property, however, this should be covered by the insurance policy of the principle contractor. It is important to photograph the areas before work is carried out, and also on completion. This can be pro- duced as evidence, in the event of an insurance claim or if the contractor over-claims. “The trustees have the right to ask the owner for a deposit and to stipulate what hours the contractors will work – and to ban any evening, earlymorning or weekendwork. They can also ban the use of the scheme’s common property for vehicle parking or rubble collection,” says Bauer. “Sectional title members have to be aware at all times that what might suit them does not always suit other members – and these matters are governed by the conduct rules, which no member can ignore. If the conduct rules do not pro- vide for a strict process, then the trustees should amend the conduct rules as soon as possible to cover the body corporate and the owners’ responsibilities during this process,” concludes Bauer. For further information email: michael@ihfm.co.za ■

approval from the municipality, be- fore appointing the contractor. They must also ensure that the contractor’s employees are listed with the body The home owner should apply to the body corporate for permission, then approval from the municipality, before appointing a contractor, and also ensuring that the contractor’s employees are listed with the body corporate. ‘ ‘

May 2016

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