What Is Sectional Title? — South African Property Types

Sectional title is the legal mechanism South Africa uses to let you own an individual apartment or townhouse inside a larger building or complex. It's the alternative to freehold (where you own the land and everything on it outright) and to share-block ownership (where you own shares in a company that owns the building). Sectional title sits in the middle — you own your unit outright, plus a defined share of the common property, and the whole thing is administered by a body corporate.

It's the dominant ownership type in South African apartments. Most flats, townhouse developments, and gated cluster homes in built-up areas are held under sectional title. The system was introduced by the Sectional Titles Act 66 of 1971 (now substantially replaced by the Sectional Titles Act 95 of 1986 and the Sectional Titles Schemes Management Act 8 of 2011) and has continuously expanded since.

How sectional title works

The land underneath a sectional title scheme is held as a single erf (or sometimes a consolidation of several erven). The developer who opens the scheme files a sectional plan with the Surveyor-General that divides the building into:

• Sections — the individual units. Your apartment is a section.
• Common property — everything that isn't a section. Lobbies, lifts, parking areas, gardens, the building's structural walls and roof.
• Exclusive use areas — parts of the common property reserved for the exclusive use of specific unit owners. Typically parking bays, storerooms, balconies, and gardens. They're technically still common property, but only you can use them.

The sectional plan also assigns each unit a participation quota — a percentage representing your unit's share of the total scheme, calculated from the unit's floor area relative to all units combined. The participation quota determines what share of the common property you own and what share of the levies you pay.

Scheme number and unit number

Every sectional title scheme has a registered scheme number assigned when the scheme is opened at the deeds office. The format is two letters indicating the scheme type plus a sequential number and year: SS123/2018 or ST123/2018. Within the scheme, units are numbered sequentially — Unit 1, Unit 2, and so on.

The full legal identity of your apartment combines the two: "Unit 14 in the scheme known as Sandton Heights, scheme number SS456/2015". The scheme number is unique nationally; the unit number is unique within the scheme. Both are needed to identify your specific apartment in the deeds registry.

When you do a property search, the address and the scheme number both work as inputs — but the scheme number is unambiguous. Multiple schemes can share a name (especially common ones like "The Palms" or "Riverside"), so the SS or ST number is the canonical reference. You'll find your scheme number on the title deed for your unit.

What you own when you buy a unit

Buying a sectional title unit means you acquire three distinct things in one transaction:

• The section itself. You own the apartment — the air inside, defined by the median line of its boundary walls and floors. The structural walls themselves are common property, but everything inside the boundary line is yours.
• An undivided share of the common property. Sized by your participation quota. You don't own a specific square metre of the common property; you own a defined proportion of all of it.
• Any exclusive use areas allocated to your unit. If the developer assigned parking bay 12 and storeroom 8 to your unit, those exclusive use areas come with the unit and transfer with every sale.

The deeds registry records all three. Your title deed names the unit, references the scheme, lists the participation quota, and itemises any exclusive use areas registered with the unit.

The body corporate

Every sectional title scheme has a body corporate — a juristic person formed automatically when the second unit in the scheme is transferred. The body corporate owns the common property, employs the managing agent, and administers the scheme on behalf of all unit owners.

As a unit owner you are automatically a member of the body corporate; you cannot opt out. The body corporate has a trustees committee (elected from the unit owners) that handles day-to-day decisions, and an Annual General Meeting where bigger decisions are voted on.

The body corporate's key responsibilities:

• Maintain the common property (cleaning, security, repairs, painting the building exterior)
• Insure the building structure and common property
• Collect levies from owners to fund running costs and reserves
• Enforce the conduct rules (noise, pets, decor, parking)
• Manage the reserve fund (required by law since 2016 for major future expenditure)

Levies — what you pay every month

Your sectional title unit comes with monthly levies. These cover the body corporate's operating costs plus contributions to the reserve fund. Typical levy components:

• Administrative levy — the regular monthly amount, set by the body corporate budget. Funds insurance, security, cleaning, garden services, audit fees, managing agent fees.
• Reserve fund contribution — a portion of the levy ring-fenced for major future repairs (roof replacement, painting, lift refurbishment). The minimum reserve fund contribution is set by legislation; the actual amount depends on the scheme's reserve plan.
• Special levy — a one-off levy raised to cover an unexpected major expense (a roof leak that requires immediate replacement). Special levies can be substantial and arrive without much notice — a real risk to budget for when buying.
• Utilities (sometimes) — water, electricity, and sewerage may be included in the levy if the building has a single bulk meter, or billed separately if individually metered.

The levy is calculated by participation quota — bigger units pay more, smaller units pay less. The actual amount varies hugely between schemes; a basic suburban townhouse complex might charge R1,500–R3,500 per month, while a high-end Cape Town beachfront block can run R10,000+ per month per unit.

Conduct rules and management rules

Every scheme has two sets of rules: management rules (governing how the body corporate runs itself) and conduct rules (governing what unit owners can and can't do). Some are prescribed by law; others are scheme-specific.

Common conduct-rule areas:

• Pets — usually requires trustees' permission, may be limited by size or number
• Noise hours
• External alterations — repainting your front door, installing satellite dishes, putting flower boxes on balconies
• Short-term letting — many schemes restrict or prohibit Airbnb-style letting
• Parking rules — visitor parking allocation, washing of cars
• Use of the unit — most schemes are residential-only and prohibit commercial use

The rules bind every unit owner and every tenant. Buying into a scheme means accepting its rules; the prudent thing before purchase is to ask for a copy and read them.

How sectional title is registered

The deeds office handles sectional title registrations on the same machinery as freehold, with some sectional-title-specific document types layered in. The main registration events for a scheme:

• Opening of the scheme — when the developer files the sectional plan, register of conditions, and rules, and the scheme is officially created.
• Transfer of a unit — when a unit owner sells to a new owner. A standard transfer deed with the sectional title reference.
• Sectional bond — a mortgage registered over a specific unit, recorded against the unit not the whole scheme.
• Scheme amendments — changes to the sectional plan (e.g. adding a new floor, dividing units), changes to participation quotas, or changes to exclusive use areas.
• Cession of exclusive use rights — transferring an exclusive use area (e.g. a parking bay) from one unit to another.

When you search a sectional title unit at DeedsCheck, the Property Search Report returns the unit's ownership, the bond on the unit, and the scheme details. The Property Document Search returns the registry documents for the scheme — including the sectional plan and rules — which together with the unit's title deed give you the complete picture.

Sectional title vs freehold — pros and cons

Sectional title isn't inherently better or worse than freehold — they suit different situations.

Sectional title advantages: shared maintenance costs spread across owners, professional management, security at scale, access to amenities (pools, gyms, gardens) you couldn't afford individually, fixed monthly costs that are predictable.

Sectional title disadvantages: ongoing levies whether you use the amenities or not, body corporate decisions you might disagree with, conduct rules that limit what you can do, special levies that can hit unexpectedly, neighbours close by, restrictions on letting.

For property investors, sectional title in good buildings can produce reliable rental income with minimal maintenance overhead — but levies eat into yields and need careful modelling. For owner-occupiers, the trade-off is convenience and shared cost against autonomy and personalisation.

Frequently asked questions

What's the difference between SS and ST in scheme numbers?

Historical. "SS" denoted schemes opened under the original 1971 Sectional Titles Act; "ST" is used for schemes under the current 1986 Act. Both are valid and current; the prefix tells you which legislative regime the scheme was originally registered under, not which is in force today. From a buyer's perspective they're equivalent.

Can I do anything to my unit without trustees' permission?

Inside the unit's boundary walls, broadly yes — repaint, renovate, change fittings. Anything that affects common property (structural walls, plumbing routed through other units, external alterations to the building) needs body corporate permission, sometimes a special resolution. Check the rules; some schemes are stricter than others.

What happens if I don't pay my levy?

The body corporate can demand payment, charge interest, take legal action for collection, and ultimately apply for the unit to be sold in execution. Levy arrears also act as a charge against the unit — when you sell, outstanding levies must be settled at transfer, and a Levy Clearance Certificate from the body corporate is required before the deeds office will register the transfer.

Can a body corporate refuse to let me have a pet?

Yes, if the conduct rules require trustees' permission and the trustees reasonably refuse. The Sectional Titles Schemes Management Act introduces a reasonableness test — blanket arbitrary refusals can be challenged — but most schemes have workable pet policies in practice.

How do I know what scheme my apartment is in?

Your title deed names the scheme and gives the SS/ST scheme number explicitly. Your monthly levy invoice typically also references the scheme. A free address search at DeedsCheck shows the scheme details before any payment.