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May 2016
Housing
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
approval from the municipality, be-
fore appointing the contractor. They
must also ensure that the contractor’s
employees are listed with the body
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.
Renovating in sectionals
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■
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.
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