Sectional title ownership is one of the most common forms of property holding in South Africa. It is also one of the most regulated. Each unit exists within a broader scheme, governed by a body corporate, managed under a set of rules, and subject to statutory obligations that affect owners, trustees, and managing agents alike.
When these obligations are met, sectional title living works as intended. Common property is maintained. Levies are collected and applied correctly. Ownership transfers proceed without obstruction. Rules are applied consistently and enforced lawfully. When they are not, disputes escalate, financial shortfalls develop, and the stability of the scheme suffers.
Legal support in this area requires an understanding of both the conveyancing requirements and the governance framework that applies to sectional title schemes. Both are provided here — from the registration of a new scheme and the transfer of individual units, to the resolution of internal disputes and the recovery of unpaid levies.
The Wilma Ewest Incorporated Approach
Sectional title matters rarely arrive in isolation. A levy dispute may also raise questions about body corporate governance. A transfer may surface issues about exclusive use rights or outstanding conduct rule violations. A registration query may require review of the scheme's management rules. Experience in this area means that each instruction is evaluated in full context, not in isolation.
The Sectional Titles Act, the Sectional Titles Schemes Management Act, and the Community Schemes Ombud Service Act together form a layered legislative framework. Assistance provided here is grounded in this framework. Whether the instruction involves registration, conveyancing, governance, or dispute resolution, the relevant law is applied accurately and the process is managed with attention to detail.
Bodies corporate, individual owners, developers, and managing agents each have distinct needs. Support is tailored to the specific role and the specific legal requirement at hand.
Our Sectional Title Services
Sectional Title Registrations
When a new sectional title scheme is established, precise registration of each section and common property is required. Registration is handled in compliance with the Sectional Titles Act and Deeds Office requirements, ensuring the scheme is correctly constituted from the outset.
Sectional Title Transfers
Transferring ownership of a unit in a sectional title scheme involves conveyancing requirements specific to this form of ownership. Transfers are managed with careful attention to clearance certificates, levy certificates, managing agent requirements, and compliance with scheme rules, so registration proceeds without unnecessary delay.
Body Corporate Disputes
Disputes within sectional title schemes arise from a range of issues, including levy non-payment, conduct rule violations, maintenance responsibilities, and trustee decisions. Assistance is provided to bodies corporate and individual owners in resolving these disputes within the correct legal and regulatory framework.
Levy Recovery
Unpaid levies affect the financial health of the entire scheme. Support is provided to bodies corporate in recovering outstanding levies, including letters of demand, application to the Community Schemes Ombud Service, and legal proceedings where necessary. Each step is taken with procedural accuracy and strict compliance with the Sectional Titles Schemes Management Act.
Rules and Scheme Governance
Well-drafted conduct and management rules reduce conflict and provide clear guidance for owners, tenants, and trustees. Assistance is provided with the drafting, amendment, and registration of scheme rules, ensuring they reflect current legislative requirements and the practical needs of the scheme.
Exclusive Use Area Cessions
Exclusive use areas — such as parking bays and garden areas — require accurate documentation to transfer rights between owners. Cession agreements are prepared and registered in compliance with the Sectional Titles Act, protecting the rights of the recipient and ensuring the scheme records remain accurate.
Guidance at Every Stage
Whether you are purchasing your first sectional title unit, sitting on a body corporate that needs to recover levies, or dealing with a scheme-level dispute that has escalated beyond informal resolution, the right legal support makes the difference between a matter resolved and a problem prolonged.
Assistance is available from the earliest stage of an instruction through to final resolution. Every matter is handled with the care, precision, and legal accountability that sectional title law demands.
Discuss Your Matter
Explore Our Other Services
View the full services overview or read practical guidance on our conveyancing blog.