GOVERNMENT GAZETTE, 3 MAART 2025, No. 52208
DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT No. 5941
3 March 2025
SECTIONAL TITLES ACT, 1986 (ACT NO. 95 OF 1986): AMENDMENT OF REGULATIONS
I, Mzwanele Nyhontso, Minister of Land Reform and Rural Development, acting in terms of section 55 of the Sectional Titles Act, 1986 (Act No. 95 of 1986), after consultation with the Sectional Titles Regulation Board, hereby amend the Regulations promulgated by Government Notice No. R. 664 of 8 April 1988, as set out in the Schedule hereto. The Regulations will come into operation one month from the date of publication in the Gazette.
MR MZWANELE NYHONTSO, MP
MINISTER OF LAND REFORM AND RURAL DEVELOPMENT
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GOVERNMENT GAZETTE, 3 MARCH 2025 – No. 52208
SCHEDULE
Definitions
- In this Schedule, “the Regulations” refer to the Regulations promulgated by Government Notice No. R. 664 of 8 April 1988 (as corrected by Government Notice No. R. 991 of 27 May 1988), as amended.
Amendment of Regulation 11
- Regulation 11 of the Regulations is hereby amended by the substitution for sub-regulation (5) of the following sub-regulation:
“(5) Certificates of registered sectional title, lodged in terms of the provisions of regulation 45(1) of the Deeds Registries Act, shall be on paper of durable and good quality of the size known as A4 standard paper and shall be written, typed, or printed in size not less than 2mm, with black ink of a good quality only.”
Amendment of Regulation 16A
- Regulation 16A of the Regulations is hereby amended by the substitution for sub- regulation (2) of the following sub- regulation:
“(2) A conveyancer or other person empowered thereto by any act, who prepares a deed of transfer, certificate of title, certificate of registration, or sectional mortgage bond referred to in sub-regulation (1), shall initial all alterations or interlineations in such deed of transfer, certificate of title, certificate of registration, or sectional mortgage bond and also every page thereof not requiring a signature. No such deed of transfer, certificate of title, certificate of registration, or sectional mortgage bond shall be accepted for execution or registration if it does not bear such certification and is not so initialed: Provided that in cases where an alteration or interlineation is not so initialed, and in the opinion of the registrar such initialing by the conveyancer is not required, the alteration or interlineation may be initialed by the conveyancer executing such deed of transfer.”
Amendment of Regulation 17
- Regulation 17 of the Regulations is hereby amended by the substitution for sub-regulation (3) of the following sub-regulation :
“(3) Any sectional title deed registered pursuant to section 17(3) or 19(3) of the Act shall simultaneously be re-registered as a deed of transfer under the Deeds Registries Act in the form of Form H in Annexure 1 where common property has been alienated, and in the form of Form AU in Annexure 1 where common property has been expropriated.”
Amendment of Regulation 19
- Regulation 19 of the Regulations is hereby amended by the substitution for sub-regulation (3) of the following sub-regulation :
“(3) Whenever the registrar has issued a certificate of registered sectional title under section 22(5) of the Act in lieu of the sectional title deed referred to in section 22(2)(b) of the Act, he or she shall cancel the last-mentioned sectional title deed.”
Amendment of Regulation 21
- Regulation 21 of the Regulations is hereby amended by the substitution for sub-regulation (3) of the following sub-regulation :
“(3) Whenever the registrar has issued a certificate of registered sectional title under section 23(5) of the Act in lieu of the sectional title deeds referred to in section 23(2)(b) of the Act, he or she shall cancel the last-mentioned sectional title deeds.”
Substitution of Regulation 38
- The following regulation is hereby substituted for regulation 38 of the Regulations:
“38. Endorsements or entries required by these Regulations to be made on registered deeds or other documents or in registers may be made thereon or therein by means of rubber stamp, handwriting, or electronic means. Such endorsements shall be signed and dated by the registrar, who shall state his or her office held below the signature and shall initial any alteration or interlineation to an endorsement or entry.”
Amendment of Annexure 1
- Annexure 1 to the Regulations is hereby amended by the addition of the following form:
Form AU
DEED OF TRANSFER
[Under Section 19(3) of the Sectional Titles Act, 1986]
Prepared by me:
CONVEYANCER
(State full name and surname in block letters)
(Legal Practice Council Membership number)
BE IT HEREBY MADE KNOWN:
WHEREAS the undermentioned common property has been expropriated (here quote the authority), which land is at present registered in the name of ____________ under Sectional Plan No. __________ under Deed of __________ No. __________ dated __________, in the Deeds Registry at __________.
AND WHEREAS a certificate has been furnished to me in terms of section 31(4)(a) of the Deeds Registries Act 47 of 1937 by the transferee, to the effect that the provisions of any law in connection with the change of ownership in the land in consequence of expropriation have been complied with.
NOW, therefore, by virtue of the authority vested in me by section 19 of the Sectional Titles Act, I, the Registrar of Deeds at __________ do hereby transfer in full and free property to and in favour of __________ (insert the name of the transferee), its successors in title or assigns, in respect of __________ (insert the description of the property being transferred).
This done and executed at the Office of the Registrar of Deeds at __________ on this __________ day of __________ in the year __________.
Registrar of Deeds
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Short Title
- These regulations shall be known as the Sectional Titles Amendment Regulations, 2025.
