Making temporary alteration inside the sectional Tittle property

[Hulisani85]

Hi, I have a rental property in a sectional title property of which I have made a temporal partition on my laungroom to make it a bedroom as a way to increase the rental income. Other owners also use the laungroom as a bedroom even though it may not be partitioned.
Can the BC take legal actions against me for this partition? What are my options in fighting this as I do not want to remove this partition.

Please assist

 

[WAslayer]

Firstly, I have no idea what a laungroom is..?

Secondly, whatever is within the exterior walls of your sectional title unit, is considered exclusive use area, or in other words an area that belongs to the deedholder of that unit.. he BC has no authority over exclusive use area, unless it somehow infringes upon the common property, it affects the structural integrity of the building in some way or in any other way breaks the rules as set out by the BC.. Be sure of overcrowding rules as set out by the BC as well..

Provided your partition in the laungroom is within the bounds as above, you, and I stand corrected, should be okay..

Please make sure that you have done other research and reviewed other resources on this issue as well.. Do not take my word on this, I only speak from my own experience as part of the board of trustees for the building I own a sectional title in..

 

[jezzad]

Check BC rules for allowed number of persons per unit / bedroom.

 

[Darynv]

Check BC rules for allowed number of persons per unit / bedroom.

Making a makeshift bedroom does not legally make it a bedroom, law says max of 2 people per room in the house. Had troublemakers evicted using this loophole, although their son sleeping in the lounge was not a problem for us, so chances are there are other issues at play here and this is the best solution the BC could find.

 

[WAslayer]

Making a makeshift bedroom does not legally make it a bedroom, law says max of 2 people per room in the house. Had troublemakers evicted using this loophole, although their son sleeping in the lounge was not a problem for us, so chances are there are other issues at play here and this is the best solution the BC could find.

Have the relevant link for that law..? I looked into overcrowding rules and the law around it as we are currently working on updating the BC rules.. I could only find bylaws referring to overcrowding and it's based on people per square meter and/or number of people per available hygiene facilities within the dwelling, nothing that says X people per bedroom..

 

[Darynv]

IIRC it was to do with sectional title act, also, OP does not state WHERE this is. Easy to find

"This table has been extracted and recreated by the Cape Town Environmental Health Section. The classification of “H3” relates to sectional title schemes, and is described as “Domestic residence: Occupancy consisting of two or more dwelling units on a single site.” The total population allowed for this type of occupancy is 2 persons per bedroom. Where these conditions, in the by-laws, are being breached, the municipal health inspector must be informed. "

 

[Venomous]

Check BC rules for allowed number of persons per unit / bedroom.

This.

And the OP must remember that increasing the number of bedrooms INSIDE the unit does not increase the number as far as the rules are concerned.

If the rules state 4 people per 2 bed you cannot suddenly take 6 people if you use lounge(assuming that is what OP intends) space.

And as far as changes go only owners my make changes inside a unit, not tenants. But obviously structural walls etc need to be considered.



To me it sounds like the OP is attempting to operate a shack town inside a sectional title unit. That is not allowed.
And many CoCs/BCs have rules about not permitting subletting - for very good reasons IMO.

 

[WAslayer]

IIRC it was to do with sectional title act, also, OP does not state WHERE this is. Easy to find

"This table has been extracted and recreated by the Cape Town Environmental Health Section. The classification of “H3” relates to sectional title schemes, and is described as “Domestic residence: Occupancy consisting of two or more dwelling units on a single site.” The total population allowed for this type of occupancy is 2 persons per bedroom. Where these conditions, in the by-laws, are being breached, the municipal health inspector must be informed. "

Are you referring to this article..?

https://www.paddocks.co.za/paddocks-press-newsletter/overcrowding-in-sectional-title-schemes/

That extract deals with building design and is part of the building regulations.. I agree with the writer of the article suggesting that it's unreasonable for a couple of two to vacate their one bedroom unit because they are now expecting a baby..

The sectional title act does not specifically mention overcrowding, just went through that..

Should an overcrowding issue go to court, I don't think that a judge would rule purely based on the building regulations, but rather the municipal by-laws for the relevant area and rules the BC has set out to some extent..

 

[Kosmik]

Check BC rules for allowed number of persons per unit / bedroom.

That.

 

[Hulisani85]

Making a makeshift bedroom does not legally make it a bedroom, law says max of 2 people per room in the house. Had troublemakers evicted using this loophole, although their son sleeping in the lounge was not a problem for us, so chances are there are other issues at play here and this is the best solution the BC could find.

The ZM Xmas Xmas CV B?;^©®™✓[\}≠°≠]∆×÷π•π√|```¢£¢££€¢€¢¥€€€¥′↑↑↑

Thank you, I also told them that my partition does not legally change the plan of the flat and hence there is no need to applyat deeds of municipal for change of the flat plan

Firstly, I have no idea what a laungroom is..?

Secondly, whatever is within the exterior walls of your sectional title unit, is considered exclusive use area, or in other words an area that belongs to the deedholder of that unit.. he BC has no authority over exclusive use area, unless it somehow infringes upon the common property, it affects the structural integrity of the building in some way or in any other way breaks the rules as set out by the BC.. Be sure of overcrowding rules as set out by the BC as well..

Provided your partition in the laungroom is within the bounds as above, you, and I stand corrected, should be okay..

Please make sure that you have done other research and reviewed other resources on this issue as well.. Do not take my word on this, I only speak from my own experience as part of the board of trustees for the building I own a sectional title in..

Thanks, that is also how I viewed it that they should be concerned only if it affect the structural integrity of the building of which it doesn't since I used hard board.

The BC is of the view that I must apply to the municipality for the change of the unit plan but I told them that I can not apply as it is a temporary partition.










NH CDG C MI IL LO TREE ADD NEW GF AS A ft j Xa engagements to mark

 

[Kosmik]

The ZM Xmas Xmas CV B?;^©®™✓[\}≠°≠]∆×÷π•π√|```¢£¢££€¢€¢¥€€€¥′↑↑↑

Thank you, I also told them that my partition does not legally change the plan of the flat and hence there is no need to applyat deeds of municipal for change of the flat plan


Thanks, that is also how I viewed it that they should be concerned only if it affect the structural integrity of the building of which it doesn't since I used hard board.

The BC is of the view that I must apply to the municipality for the change of the unit plan but I told them that I can not apply as it is a temporary partition.










NH CDG C MI IL LO TREE ADD NEW GF AS A ft j Xa engagements to mark

You are missing the point around the occupancy. Structurally, yes, a dry wall etc won't change anything if it's temporary until such a time as the unit is sold. But the occupancy is independent of your alterations and can be enforced.

 

[supersunbird]

Maybe he means lounge room?

 

[Hulisani85]

You are missing the point around the occupancy. Structurally, yes, a dry wall etc won't change anything if it's temporary until such a time as the unit is sold. But the occupancy is independent of your alterations and can be enforced.

I fully agree that this is an occupancy issue and it may need an investigation on all the units so that all owners do comply on the number of ppl allowed per unit. But I don't think they will want to go there as even the trustees's flat do not comply on that regard

 

[Hulisani85]

Maybe he means lounge room?

Yes, I was referring to a lounge/sitting room

 

[Venomous]

I fully agree that this is an occupancy issue and it may need an investigation on all the units so that all owners do comply on the number of ppl allowed per unit. But I don't think they will want to go there as even the trustees's flat do not comply on that regard

What does the CoC say?
As both owner and tenants are willingly subjecting themselves to that...

 

[Kosmik]

I fully agree that this is an occupancy issue and it may need an investigation on all the units so that all owners do comply on the number of ppl allowed per unit. But I don't think they will want to go there as even the trustees's flat do not comply on that regard

Doesn't matter how they feel. Any owner, even a tenant can report it as it is 1) a health violation and 2) breach of the BC rules enshrined in the scheme. Both cannot be overridden by any "local" politics of owners/trustees or other members.

 

[damo_cpt]

FYI for anyone interested as this a very old thread, but i did something similar and put up a dry wall partition in my living room. After a neighbour complained to the managing agent a sectional title consultant to inspect, he believes i have changed the style of the building as i am using the back entrance of the property as the second entrance.

I also need to apply for small works approval from the municipality, but that doesn't require plans, just a sketch will suffice. i need approval from the trustees in his opinion, but said the trustees should grant it with conditions like maximum number of occupants and not changing the use of each room as set out in the original building plans and should i sell the unit that i remove the partition to avoid the next owner deviating from the conditions set by the trustees.

the act also provides for the trustees to inspect all units after giving notice to ensure compliance from all owners.

Depending on what the trustees decide it potentially needs to be voted on by the entire body corporate but the law also states permission may not be withheld within reason, the partition does not impact on the main structure, it does not devalue anyones property and it isnt a security risk, so interesting times ahead...

 

[ArtyLoop]

FYI for anyone interested as this a very old thread, but i did something similar and put up a dry wall partition in my living room. After a neighbour complained to the managing agent a sectional title consultant to inspect, he believes i have changed the style of the building as i am using the back entrance of the property as the second entrance.

I also need to apply for small works approval from the municipality, but that doesn't require plans, just a sketch will suffice. i need approval from the trustees in his opinion, but said the trustees should grant it with conditions like maximum number of occupants and not changing the use of each room as set out in the original building plans and should i sell the unit that i remove the partition to avoid the next owner deviating from the conditions set by the trustees.

the act also provides for the trustees to inspect all units after giving notice to ensure compliance from all owners.

Depending on what the trustees decide it potentially needs to be voted on by the entire body corporate but the law also states permission may not be withheld within reason, the partition does not impact on the main structure, it does not devalue anyones property and it isnt a security risk, so interesting times ahead...

What goes on inside your Sectional Title unit is your business... who the hell made body corporates God to decide what goes in between your four walls.
That neigbour of yours needs to mind his own f**king business. Let me take a stab and say its one of those old fossils on the board of trustees, that should really be in an old age home, but its now a unit interiors standards nazi.

 

[Kosmik]

What goes on inside your Sectional Title unit is your business... who the hell made body corporates God to decide what goes in between your four walls.
That neigbour of yours needs to mind his own f**king business. Let me take a stab and say its one of those old fossils on the board of trustees, that should really be in an old age home, but its now a unit interiors standards nazi.

Only if your internal alterations impact the structural stability of the shared building can anything be done against you. Share block may be different, although to my knowledge those are gone now. Sectional title is exactly that, title. You have full rights and control over your section save for common property boundries ie:doors, windows, shared walls.

That inspector is questionable. The bond of the inspection must also be defined, occupancy and health are relevant and enforceable, not design.

 

[RonSwanson]

What goes on inside your Sectional Title unit is your business... who the hell made body corporates God to decide what goes in between your four walls.
That neigbour of yours needs to mind his own f**king business. Let me take a stab and say its one of those old fossils on the board of trustees, that should really be in an old age home, but its now a unit interiors standards nazi.

Whilst I agree in principle, what you have stated isn't exactly true. You need to read the STSMA and regulations properly.