Van der Merwe du Toit inc. BEE Verification Certificate

Van der Merwe du Toit inc. BEE Verification Certificate
July 11, 2014
Exclusive use areas: Is your new space truly yours?

Exclusive use areas: Is your new space truly yours?

An exclusive use area can be defined as “a part or parts of the common property” in a scheme that is indicated on a sectional plan and designated for the exclusive use of an owner of a section. In simple terms, an exclusive use area refers to those portions in a scheme to which a certain owner has exclusive use rights, such as a garden, parking bay, or balcony. This is in contrast to common property, which is owned and shared by the body corporate.

Can a body corporate withhold a clearance certificate?

Can a body corporate withhold a clearance certificate?

Once an offer to purchase is signed and the transfer process begins, sellers of units in a sectional title scheme face several challenges, including the obligation to ensure that all dues to the body corporate are settled. This requirement, mandated by Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986, restricts the transfer of sectional titles unless a conveyancer’s certificate confirms that all monies due to the body corporate have been paid or provisions satisfactory to the body corporate have been made. A conveyancer can however only issue the required certificate after receiving a body corporate’s assurance, in the form of a levy clearance certificate, that all amounts due to the body corporate have been paid or that provision for payment thereof has been made.

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