Government Gazette Staatskoerant

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1 Government Gzette Sttskoernt REPUBLIC F SUTH AFRICA REPUBLIEK VAN SUID AFRIKA Regultion Gzette No Regulsiekoernt Vol June Junie 2017 No N.B. The Government Prtg Works will not be held responsible for qulity of Hrd Copies or Electronic Files submitted for publiction purposes ISSN AIDS HELPLINE: Prevention is cure 40951

2 2 No GVERNMENT GAZETTE, 30 JUNE 2017

3 STAATSKERANT, 30 JUNIE 2017 No IMPRTANT NTICE: The GovernmenT PrTG Works Will not be held responsible for ny errors ThT might occur due To The submission of complete / correct / illegible copy. no future queries Will be hndled connection WiTh The bove. Contents No. Gzette No. Pge No. Government Notices Goewermentskennisgewgs Rurl Development nd Lnd Reform, Deprtment of/ Lndelike ntwikkelg en Grondhervormg, Deprtement vn 623 Sectionl Titles Amendment Bill, 2017: Explntory Memorndum for public comment

4 Rurl Development nd Lnd Reform, Deprtment of/ Lndelike ntwikkelg en Grondhervormg, Deprtement vn 623 Sectionl Titles Amendment Bill, 2017: Explntory Memorndum for public comment No GVERNMENT GAZETTE, 30 JUNE 2017 Government Notices Goewermentskennisgewgs DEPARTMENT F RURAL DEVELPMENT AND LAND REFRM N JUNE 2017 to: e-mil By 0001 PRETRIA X918 Bg Privte Reynolds Antoette Attention: Reform Lnd nd Development Rurl Deeds: of Registrr Chief The to: post By ddress: followg to notice this of publiction of dys clendr 30 with comments written submit to vited re public of Members comment. public for Memorndum Explntory nd 2017 Bill, Amendment Titles Sectionl publishes hereby Reform Lnd nd Development Rurl of Mister The

5 STAATSKERANT, 30 JUNIE 2017 No (As troduced Ntionl Assembly s section 75 Bill; Bill published Government Gzette of 30 June 2017) (The English text is officil text of Bill)

6 6 No GVERNMENT GAZETTE, 30 JUNE 2017 N or lost of respect documenttion replcement of filg for provide to developer; to sections of extension nd sections, of consolidtion section, of subdivision of registrtion extend to section; extend to nd consolidte subdivide, to pprovl for -Generl Surveyor to consolidtion or subdivision for pln submit to developer for provide lso to re; use exclusive mortgged nd section mortgged of cncelltion for provide furr to property; common of liention to reltg provisions mend to rights; rel registered of holders of consent with property common of prt of lese for provide to 25; section of terms reservtion of lpsg of respect deed title of notg for provide to court; of order n upon pln sectionl of cncelltion nd mendment for provide furr to res; use exclusive of respect plns sectionl of mendment for provide furr to 2013; Act, Mngement Use nd Plnng Sptil of 26(2) section with comply lso must surveyor Lnd lnd or rchitect n by issued certificte tht provide to lessees; of gents by developer to put questions nswer to developer for rovide to defitions; cert mend to s so 1986, Act, Titles Sectionl mend

7 STAATSKERANT, 30 JUNIE 2017 No W ". 2011; [2010] Act, Mngement Schemes Titles Sectionl mens Act' Mngement Schemes Titles "'Sectionl defition: followg of Act" Mngement Schemes Titles "Sectionl of defition for substitution by (6) nd Act;"; this contemplted s lw, by recognised reof occupnts or occupnt by or sections more or one of owners or owner by use exclusive for property common of prts or prt mens re' use "'exclusive defition: followg of re" - use "exclusive of defition for substitution by mended hereby is Act"), prcipl () " s to referred (herefter 1986 Act, Titles Sectionl of 1 Section of 33 Act of 1 section nd 2011 of 8 Act of 20 section 2010, of 11 Act of 1 section 2006, of 6 Act of 1 section 2005, of 7 Act of 1 section 2003, of 29 Act of 1 section 1997, of 9 R. No. Proclmtion 1997, of 44 Act of 1 section 1993, of 15 Act of 1 section 1992, of 7 Act of 11 nd 1 sections 1991, of 63 Act of 1 section by mended s 1986, of 95 Act of 1 section of Amendment

8 8 No GVERNMENT GAZETTE, 30 JUNE 2017 ". 1980). of 59 No. (Act 1980 Act, Control Blocks Shre of 11A section with complied lredy ppliction, such before yers two of period with hs, compny block shre tht if subsection this of requirements with comply not need scheme development of pprovl for pplyg compny block shre tht furr Provided question: units ll of respect received been hve sttements such tht writg certified hs conveyncer nd occupy y which units proposed purchse to wish not do y tht nd sttement such out set be lso shll which rights ir of wre re y tht writg stted hve lessees such ll if subsection this with comply not need developer tht Provided present: gents respective ir or lessees by developer to put questions resonble ll nswered hs nd prgrph, sid contemplted prticulrs provide to ret vilble been hs developer nd held been hs ()(i) prgrph contemplted meetg "(b) prgrph: followg of (b) prgrph for (3) subsection substitution by mended hereby is Act prcipl of 4 Section 2.

9 STAATSKERANT, 30 JUNIE 2017 No use exclusive n of cession or re, right rel of registrtion or property common shre undivided its nd section such of trnsfer no refter nd question, defect such ny by ffected re res use exclusive or sections which to s registrr dvise shll she or he pln, sectionl correct n by prejudiced be could person ny -Generl Surveyor of opion If "(3) subsection: followg of (3) subsection for substitution by mended- hereby is Act prcipl of 14 Section 4. ". 2013); of 16 No. (Act 2013 Act, Mngement Use Lnd nd Plnng Sptil of 26(2) section with complies (ii) nd development; ffect my tht lw, ny of terms pproved ws development which to subject conditions or pln sttutory scheme, plnng town opertive ny to contrry not ID is- property common nd sections to division proposed tht sttg surveyor lnd or rchitect n by issued certificte "() prgrph: followg of () prgrph for (2) subsection substitution by mended hereby is Act prcipl of 7 Section 3. D o -ti 3 m o 3-n o N CD -I pi* G o rt W ' 2 ' N A CD s. n '... y 4:, to 0 co N co N co crt -4,,.9: -% w 3 D c? co - k CT 01 3 m - s 3 CA CD. N pr K o m D I = Q. á N 3 tn co s _rt o -.% m W n? W

10 10 No GVERNMENT GAZETTE, 30 JUNE 2017 ". Court. of order n by pln sectionl of cncelltion upon existence is corporte body where stnces chnges, necessry with pply, 49(5) to 49(3) section of provisions The "(b) (): prgrph becomg subsection existg prgrph, followg of (8) subsection ddition by nd "; purpose. ny for registry deeds t lodged subsequently whenever document registered or such ny or deed title sectionl tht of copy holder's or owner's endorse likewise shll nd chnge, such by ffected document registered or ny upon nd deed title sectionl of copy registry deeds upon extent or description of chnge ny reflectg endorsements necessry mke shll registrr reupon nd re, use exclusive or 6 section ny of extent or description ffects which (1) subsection of terms pln sectionl of substitution or mendment ltertion, ny of uthority locl nd registrr dvise shll -Generl Surveyor The "(5) subsection: followg of (5) subsection for substitution by "; defect. of rectifiction to prior effected beg registrtion or or trnsfer to writg consents registered, be to is re use exclusive n of cession or re, right rel of or property common shre undivided its nd section of trnsfer fvour whose person nd hrdship undue cuse will rectified be to pln sectionl defective cusg dely tht stisfied is registrr unless rectified, been hs pln sectionl defect until registered be shll re

11 ". reon. endorsement similr mke must she or he registrr. with lodged time ny t is deed title origl if nd, reof, duplicte registry deeds endorse must registrr whereupon vilble, not is right such to deed title tht effect to submitted be must conveyncer by certificte vilble, not is right of deed title where tht Provided existence: longer no is developer where stnces corporte body by or developer by ppliction on vilble, if reserved, so right of deed title on lpsg such note must registrr lpsed, hs 25 section of terms reservtion of respect right where "(e) prgrph: followg of ddition nd (d) prgrph of end t "nd" word of sertion (c), prgrph of end t "nd" word of (1) subsection deletion by mended hereby is Act prcipl of 15B Section w 3 co!a! r N á. CID c CD 3 co... y.+ N.4, Ó we. N.C.4 Ö N 3 ñ CD r. 7 _ V ñ r -h.1z. A ñ 4'...1 o, w CD V.,s. N to co ñ.51' Ó So = 01 y 7 N ó `0 ó, 3 ui Q. ó ñ C.,N rc.- o co -I% N A 2,. ci o Ó W Ñ ö A 3 w A.A-r + >. W 3 CD,...). 7, c 3 n, -I m o =.. y r P m -. CD ñ C.. _% C. IV -i. " (J1 Cl W '41 '-i. >. A P. o. + o -1, 4,0 -ti co cn m Ó -I, N. -%. ó (D ID C _C {A Ñ fd N w., 3 -" ó. cd o'. St. i rt G y CD W ~ ` Ñ Ó.n-w -i W =, o c Q1, STAATSKERANT, 30 JUNIE 2017 No

12 12 No GVERNMENT GAZETTE, 30 JUNE 2017 is right such of prt ny or 25(1) [25] section of terms extension of right rel which on lnd of portion liente to sought is it (1), subsection of terms Where where,] chnges necessry with pply shll (4B) subsection of provisions [The "(4C) subsection: followg of (4C) subsection for substitution by nd pln."; sectionl of copy registry deeds on nd pln sectionl origl on mendments necessry mke shll -Generl Surveyor notice such of receipt on nd (), prgrph of terms cncelled been hs reof] prt [or re use exclusive n of registrtion when uthority locl nd Generl - Surveyor notify 8 shll registrr The (b) holder. of consent written with cncelled been hs reof] prt [or re use exclusive of registrtion unless trnsfer, register not shll registrr registered, is reof prt or re use exclusive n which on lnd of portion liente to sought is it (1) subsection of terms Where () "(4B) subsection: followg of (4B) subsection for substitution by "; 27. nd 25 sections of terms rights rel of holders of rights s well s hve, my section of prt or section of owner which right ny to subject mde is it unless lese, register not shll registrr erected, is section of prt or section which on reof portion or property common of prt forms which lnd let to sought is it (1) subsection to pursunt Where "(b) prgrph: followg of (b) prgrph for (4) subsection substitution by

13 STAATSKERANT, 30 JUNIE 2017 No CD ". 25. section under right rel nd re, use exclusive nd section mortgged ny of 17 section under cncelltion nd re shre undivided n or lnd or property common mortgged ny of Act this of 17 section under trnsfer [nd] re, shre undivided n or Act this of 27 nd 25 sections under right rel mortgged ny of cession unit, shre undivided n or unit over or right rel mortgged ny of cession unit, shre undivided or unit of lese mortgged ny of cession unit, shre undivided or unit mortgged ny of trnsfer to chnges necessry with pply shll Act Registries Deeds of 57 nd 56 sections of provisions The 18.

14 14 No GVERNMENT GAZETTE, 30 JUNE 2017 y prgrph fter prgrph followg of (2) subsection sertion section."; of -division sub of pln sectionl register to wishes corporte, body of estblishment to prior developer, where chnges necessry with pply (1) subsection of provisions The "(1A) subsection: followg of (1) subsection fter sertion by mended hereby is Act prcipl of 22 Section 9. sections more or two consolidte ". nme. her or his to or section her or his subdivide registered to tends corporte, body of estblishment to prior developer, where chnges necessry with pply (1) subsection of provisions The "f1a) subsection: followg of (1) subsection fter sertion by mended hereby is Act prcipl of 21 Section 8.

15 STAATSKERANT, 30 JUNIE 2017 No section. relevnt of subdivision of In sectionl of registrtion for mde been hs ppliction tht reof cquirer to writg disclosed hd developer cquirer, of nme registered vet not but liented so ws unit if or exchnged, or donted sold, been hs scheme unit no ppliction, of dte t tht certifyg conveyncer from certificte by ccompnied be lso must ppliction such developer, by mde is (1) subsection contemplted s ppliction n Where () "(24) subsection: followg (2) subsection fter sertion by nd (e); prgrph of (2) subsection deletion by 11 ; greement];' prtition of terms reto entitled persons of fvour prtition, of cse [or, owner of fvour out mde subdivision, by creted property common shres undivided ir nd sections new of ech for form prescribed title sectionl registered of certifictes "(d) followg of (d) prgrph for (2) subsection prgrph: substitution by reon;'; endorsement similr mke must she or he registrr, with lodged time ny t is deed or or lese origl if nd, reof, duplicte registry deeds endorse must registrr whereupon vilble, not is deed or or lese tht effect to submitted be must conveyncer

16 16 No GVERNMENT GAZETTE, 30 JUNE N Ó = subsection: followg (2) subsection fter sertion by nd "; : reon endorsement similr mke must she or he registrr, with lodged time ny t is deed or or lese origl if nd, reof, duplicte registry deeds endorse must registrr whereupon vilble, not is deed or or lese tht effect to submitted be must conveyncer by certificte vilble, not is rel embodyg deed or or lese where tht Provided vilble: if consolidtion, of time t section gst registered right rel or ny embodyg deed or or lese ny "(ca) (C): prgrph fter prgrph followg of (2) subsection sertion by "; sections. more or two of consolidtion of pln sectionl register to wishes corporte, body of estblishment to prior developer, where chnges necessry with pply (1) subsection of provisions The "(1A) subsection: followg of (1) subsection fter sertion by mended hereby is Act prcipl of 23 Section 10.

17 STAATSKERANT, 30 JUNIE 2017 No (d): prgrph fter prgrph followg of sertion nd (d) prgrph of end t "nd" word of (6) subsection deletion by section."; her or his of re floor or boundries extend to tends corporte, body of estblishment to prior developer, where chnges necessry with pply (3) subsection of provisions The "(3A) subsection: followg of (3) subsection fter sertion by mended hereby is Act prcipl of 24 Section 11. ". cquirer. of option t voidble be shll disclosed, been not hs consolidtion which liention of deed A (b) sections. relevnt of consolidtion of 13 pln sectionl of registrtion for mde been hs ppliction tht reof cquirer to writg disclosed hd developer cquirer, of nme registered vet not but liented so ws unit if or exchnged, or donted sold, been hs scheme unit no ppliction, of dte t tht certifyg conveyncer from certificte by ccompnied be lso must ppliction such developer, by mde is (1) subsection contemplted s ppliction n Where () "12A)

18 18 No GVERNMENT GAZETTE, 30 JUNE 2017 ". nd cquirer; of option t voidble be shll disclosed, been not hs extension which liention of deed A (b) section. relevnt of extension of pln sectionl of registrtion for mde been hs ppliction tht reof cquirer to writg disclosed hd developer cquirer, of nme registered yet not but liented so ws unit if or exchnged. or donted sold. been hs scheme unit no ppliction, of dte t tht certifyg conveyncer from certificte by ccompnied be lso must ppliction such developer, by mde is (6) subsection contemplted 14 s ppliction n Where () (ea) (e): prgrph fter prgrphs followg of sertion by "; nd reon: endorsement similr mke must she or he registrr, with lodged time ny t is deed or or lese origl if nd, reof, duplicte registry deeds endorse must registrr whereupon vilble. not is deed or or lese tht effect to submitted be must conveyncer by certificte vilble, not is rel embodyg deed or or lese where tht Provided vilble: if extension, of time t section gst registered right rel or ny embodyg deed or or lese ny "(da)

19 STAATSKERANT, 30 JUNIE 2017 No lnd cludg scheme extend to right lpsed, hs reson ny for nd mde ws reservtion such if or (1), subsection of terms developer by mde ws reservtion no If "(6) subsection: followg of (6) subsection for substitution by register."; title sectionl relevnt re use exclusive or unit such of clusion nd extension of pln relevnt of registrtion for pply re use exclusive or unit relevnt of completion fter immeditely shll title successor her or his or developer exercised, is (1) subsection of terms reserved right If "() prgrph: followg of () prgrph for (5A) subsection substitution by register."; title sectionl relevnt documenttion replcement such file mnner, nd form prescribed nd developer, by ppliction written on estblished, been not hs corporte body if or corporte body by ppliction written on destroyed, or lost been hve (q) or (d) (c), (b). (), (2) subsection to referred documenttion of ny if must, deeds of registrr A "(2A) subsection: followg of (2) subsection fter sertion by mended hereby is Act prcipl of 25 Section 12.

20 20 No GVERNMENT GAZETTE, 30 JUNE 2017 words: followg of (i) subprgrph precedg words for (10)(dÁ) subsection substitution by ; bond]; under mortgged right rel of certificte under held right rel of lieu security s property, common shres undivided ir nd extension of pln sectionl on depicted sections of substitution to mortggee of consent nd right rel of certificte gst registered bond mortgge ny with toger [, held is (6) or (1) subsection of terms reservtion which by right rel of certificte "(c) prgrph: followg of (c) prgrph for (10) subsection substitution by lw."; cuse good without pprovl such withhold not shll right 16 rel of holder or [or]lmortggee member tht furr Provided scheme: units over rights rel registered of holders nd units, over rights rel nd units of mortggees scheme]. unit ech of mortggee of consent written with s well [s corporte body of members ll of consent written with right such trnsfer or liente or exercise only shll corporte body tht Provided :. reof respect form prescribed right rel of certificte obt to (2), subsection of (g) nd (d) (c), (b), (), prgrphs of requirements with chnges, necessry with complince, fter nd Act Mngement Schemes Titles Sectionl of í5(1)(b) section section this to subject entitled, be shll which corporte body vest shll 26, section contemplted

21 17 STAATSKERANT, 30 JUNIE 2017 No of dte t tht certifyg conveyncer from certificte registrr with lodged be must re property common extend to lnd cquires orwise or purchses developer Where () (9) developer. by cquired or purchsed is property, common extend to lnd, where stnces to chnges necessry with pply (7) to (4) subsections nd (1) subsection of provisions The "(8) subsections: followg of ddition by mended hereby is Act prcipl of 26 Section 13. ". nd 27(1); section nd (10)(d) subsection by contemplted s use] exclusive of right of respect [ right rel of certifictes or certificte (ii) pln; sectionl on shown res, use exclusive ll s well s property common shre undivided its nd pln] sectionl on [shown section ech "(i) respectively: subprgrphs followg of (ii) nd (i) subprgrphs for (10)(dA) subsection substitution by nd to-"; ttched is it tht effect to bond such of endorsement nd scheme of extension of registrtion to mortggee of consent with toger right, rel of certificte gst registered by] ffected be my [which bond mortgge "ny N co..<

22 22 No GVERNMENT GAZETTE, 30 JUNE 2017 ". cncelltion. of deed notril unilterl of registrtion of mens by re, use exclusive of mortggee of consent written with corporte, body of estblishment to prior developer by cncelled be my right such tht Provided developer: of fvour registered property common of prt of use exclusive to right of cncelltion to chnges necessry with pply (5) subsection of provisions The "(5A) subsection: followg of (5) subsection fter sertion by mended hereby is Act prcipl of 27 Section 14. ". cquirer. of option t voidble be shll disclosed, been not 18 hs extension which liention of deed A (b) property. common of extension of pln of registrtion for mde been hs ppliction tht reof cquirer to writg disclosed hd developer cquirer, of nme registered yet not but liented so ws unit if or exchnged, or donted sold, been hs scheme unit no lnd such of cquisition or purchse GI 3 C.4 co -es = s o. n 3 = cc Cl)... ñ 1 - ñ N r 0 7,Lit Cm h > N V o i-s t -Is ' H I 40 j fil co fo ól.74 -% DI (1) ID ii W N 7 d W 3 M1 cl, ái m * N Q. to..c 1 u, Pi o ó w ' = Cl) -% CD y.w ñ. A. rl

23 STAATSKERANT, 30 JUNIE 2017 No C tht-". Provided developer: by determed s plces, deciml four to expressed percentge be shll section of quot prticiption (1), subsection to referred scheme thn or scheme of cse Act, Mngement Schemes Titles Sectionl of 17 [48] section of provisions to Subject "(2) words: followg of () prgrph precedg words of (2) subsection substitution by nd scheme."; comprised buildgs or buildg sections ll of metre, squre nerest to correct re, by section of metre, squre nerest to correct re, floor dividg by t rrived nd plces, deciml four to expressed percentge be shll section of quot prticiption lw ny of terms pproved ws development which to subject conditions or pln sttutory scheme, plnng town opertive pplicble ny defed s only purposes residentil for scheme of cse Act, Mngement Schemes Titles Sectionl of 17 [48] section of provisions to Subject "(1) subsection: followg of (1) subsection for substitution by mended- hereby is Act prcipl of 32 Section 15.

24 24 No GVERNMENT GAZETTE, 30 JUNE 2017 IV Q from dys 60 of period with bord, regultion to ppotment for required nomtion furnish Reform Lnd nd Development Rurl of -Generl Director of request t shll concerned body necessry, becomes (v) or (iv), [or] (iii), (ii), (2)(c)(i), subsection of terms nomtion ny When "(5) subsection: followg of (5) subsection for substitution by (d) "; Act. sid of 2(1)(c) section contemplted officer n lterntively, Act, Registries Deeds of 2(1)(b) section mentioned office n occupy officer n "(vii) subprgrph: followg of ddition nd (vi), subprgrph of end t "nd" word of sertion (v), subprgrph of end t "nd" word of (2)(c) subsection deletion by (c) "; ; Afric South of Republic of Society Lw of Council Executive by nomted conveyncers two conveyncer] [ "(i) subprgrph: followg of (i) subprgrph for (2)(c) "; - subsection substitution by persons followg of consist (b) shll who Mister, by ppoted members ne [seven] "(c) words: followg of (i) subprgrph precedg words for (2)(c) subsection substitution by () mended hereby is Act prcipl of 54 Section 16.

25 STAATSKERANT, 30 JUNIE 2017 No ". reof. commencement of dte s notice relevnt specified dte before month one lest t Gzette published be shll Mister by mde Regultions "(14) subsection: followg of ddition by nd "; bord. of members ll by to greed been hve mde so recommendtion ny provided meetg, holdg without lso 55 section specified mtters concerng Mister to recommendtions mke my bord "(11A)The 21 subsection: followg of (11) subsection fter member."; sertion by lternte n of ppotment to pplicble chnges. necessry with re, (9) nd (8) (7). (6), subsections of provisions The "(9A) subsection: followg of (9) subsection fter sertion by "; person. nomte to filed so not hd body sid if ppoted hve would she or he person of plce member s person suitble ny subsection, tht of provisions to subject ppot, my Mister which filg request, such of dte

26 26 No GVERNMENT GAZETTE, 30 JUNE 2017 s. m 11 w 3 ñ o N...16 C " to 3, 1 N el" N (D, o 3. 4t fl N ñ ) ñ _v -ft ims. ', 0, _, co co, e+. _. N NI C C N 03 Ç),ri " 3 Ñ N 61 co 3 co ós D- ltb. IT D I< o (II -el cd it. co :4 ö 3 H N 0 C11 h - 1 ñ.. o.p. ". owners. of more or one by use exclusive for property common of prt of pln sectionl on deletion prior upon encroch will deletion such if subsection this of terms pln sectionl on mde be shll deletion such no tht Provided sections: more or one of owners or owner by use exclusive for property common of prts or prt 5(3)(f), section of terms prescribed mnner deleted, is which on pln sectionl by ccompnied be must (). prgrph to referred s use exclusive to right of cession of deed notril The (b) trnsferor. s sections relevnt ll of owners represent shll corporte body which prties, by to entered deed notril of registrtion by owner to right such cede trnsfer] owner, by dte commencement fter requested so if shll, concerned corporte body property, common of prts or prt of use exclusive to right 1971, Act, Titles Sectionl under mde rules of terms grnted been or greement n of terms cquired Act, this of commencement to prior hs, owner n Where (21 "(3) subsection: followg of (3) subsection for substitution by mended hereby is Act prcipl of 60 Section 17.

27 STAATSKERANT, 30 JUNIE 2017 No

28 28 No GVERNMENT GAZETTE, 30 JUNE 2017 re; use exclusive mortgged nd section mortgged of cncelltion for provide furr (i) property; common of liention to reltg provisions mend (h) rights; rel registered of holders of consent with property common of prt of lese for provide (g) 25; section of terms reservtion of lpsg of respect deed title of notg for provide (f) court; of order n upon pln sectionl of cncelltion nd mendment for provide furr (e) res; use exclusive of respect plns sectionl of mendment for provide furr (d) "); Act Mngement Use Lnd nd Plnng "Sptil ( 2013) of 16 No. (Act 2013 Act, Mngement Use Lnd nd Plnng Sptil of 26(2) section with comply lso must surveyor lnd or rchitect n by issued certificte tht provide (c) lessees; of gents by developer to put questions nswer to developer for provide (b) - defitions; ors mongst cert mend to, order "), Act " () s to referred (herefter 1986) of 95 No. (Act 1986 Act, Titles Sectionl mend to seeks Bill), s to referred (herefter 2017 Bill, Amendment Titles Sectionl The BILL F BJECTS 1. AMENDMENT TITLES SECTINAL THE F BJECTS THE N 2017 BILL, MEMRANDUM nim

29 2 STAATSKERANT, 30 JUNIE 2017 No position. rectify to ims Bill of 1() cluse mendment proposed The household. owner's of member or or spouse owner's even or usufructury lessee, s such re, use exclusive usg from owner thn or person ny exclude to s terpreted be refore cn defition The ". sections more or one of owners or `owner only by use exclusive to reference mkes res" use "exclusive of defition of wordg current The Act. used defitions for provides which Act, of 1 section mend to seeks Bill of 1 Cluse rewith. connected mtters for provide (q) nd provision; trnsitionl mend bord; regultions titles sectionl of membership regulte sections; of quots prticiption to reltg provisions mend (p) (o) (n) scheme; of extension to reltg provisions mend (m) or lost of respect documenttion; destroyed documenttion replcement of filg for provide (I) developer; to sections of extension nd sections, of consolidtion section, of subdivision of registrtion extend (k) section; extend to nd consolidte subdivide, to pprovl for -Generl Surveyor to consolidtion or subdivision for pln submit to developer for provide lso (j)

30 30 No GVERNMENT GAZETTE, 30 JUNE 2017 w Act. Mngement Use Lnd nd Plnng Sptil of 26(2) section of provisions with comply must surveyor lnd or rchitect n tht providg by sitution ddress to seeks Bill of 3 cluse proposed mendment The implictions. its to considertion or thought ny givg surveyor lnd or rchitect without submitted usully is certificte nd terpret, to difficult nd mbiguous is 7(2)() section of terprettion However, scheme. plnng town opertive ny to contrry not is property common nd sections to division proposed tht sttg surveyor lnd or rchitect n by certificte of submission for thgs, or mongst provides, nd -Generl Surveyors by plns sectionl drft of pprovl with dels which Act, of 7 section mend to seeks Bill of 3 Cluse 3 Cluse 2.3 sertion. this for provides Bill of 2 Cluse meetg. from bsent is lessee where stnces lessee such of behlf on ct to representtive lessee's for provide lso to identified been hs need However, meetg. such t present re tht lessees of questions resonble ll nswer to developer for provides 4(3)(b) Section purposes. residentil for let prtilly or wholly be to is buildg such of prt where stnces buildg of lessee every with meetg hve to developer for provides nd schemes development of pprovl with dels which Act, of 4 section mend to seeks Bill of 2 Cluse 2 Cluse 2.2

31 - n ro CL c :4, < M. N (A (D 7 =I 7 g _L Ñ. f! ^ 7. (D co C) X Q N. 7 á m æ z. 2 Q. k ] æ 7. ED x C. C (D CD k é M 3 W CD * - k ) m ó 0 _ B' Æ C 13) ) <. Ti S. u) % - n FT; o. m CD u) -6' % m o < q FilR o. o o g m Æ p # k_ W S. q '.< Fi D ) STAATSKERANT, 30 JUNIE 2017 No ñ ó D CD * 0 N < á m ó < m 7m m C) CD cn C Q. ó Ei o. ill m 07 A"' v CD `G o? N 7 CD E. 07 (D (A 7 1, E. o D) Ñ 7. o 7.-. to Ñ c 11) -0 7 W CS -1 ` -h W fl) existence. longer no is developer where stnces corporte body by or developer, by ppliction upon deed title relevnt of notg for provides Bill, of 5 cluse proposed s 1(e), subsection of sertion The Act. of 25(1) section of terms reserved right of lpsg of notg on silent is section this However, scheme. title sectionl ownership of trnsfer of registrtion for provides which Act, of 15B section mend to seeks Bill of 5 Cluse 5 Cluse 2.5

32 32 No GVERNMENT GAZETTE, 30 JUNE 2017 position. rectify to ims Bill, of 6(b) cluse conted s (b), nd 17(4B)() section of mendment The position. correct stte to mended be refore must 17 section nd re use exclusive n of prt with delgs for provide not does Act The trnsferred. be to is tht property common on situted is tht reof, prt or re, use exclusive of cncelltion fter ffected be only cn property common of trnsfer of registrtion 5 However, registered. is reof prt or re use exclusive n which on property common of portion of liention for provides 17(4B) Section sitution. rectify to seeks Bill, of 6() cluse proposed s 17(4)(b), section of mendment The 27. nd 25 sections of terms rights rel of holders of rights to subjected be to lese for provide not does 17 Section section. of owner of rights ll to subject mde is lese such unless property, common of prt forms which lnd over lese register not shll registrr 17(4)(b), section of terms In scheme. property common of lettg nd liention with dels which Act, of 17 section mend to seeks Bill of 6 Cluse s C J1) C v i-- d ID U) CD o 0. -" N N íü (0) (D C Ó. '=;" N cp' Cn m ß) > N n...: Cr "0 "0.-. ñ' 3 co CD o (D (D * Q C s m (0 Vs- ; m. Cn o. -», - > 0 m -- ó CD c cñ D Q) cn ". Z o c ED ó.

33 6 STAATSKERANT, 30 JUNIE 2017 No pprovl. for -Generl Surveyor to be, my cse s consolidtion, or subdivision of pln sectionl drft submit to rchitect or surveyor lnd cuse to corporte, body of estblishment to prior developer, for provide to Act, 21(1A) section sert to seeks Bill of 8 Cluse pprovl. such for -Generl Surveyor to be, my cse s consolidtion, or subdivision of pln sectionl drft submit to rchitect or surveyor lnd cuse to corporte, body of estblishment to prior developer, for provide not does 21 section However, consolidtion. nd subdivision of plns sectionl of pprovl with dels Act of 21 Section 8 Cluse 2.8. clusion. necessry for provides Bill of 7 Cluse extension. of rights rel nd re, use exclusive section, mortgged of 17, section under cncelltion, of respect silent is however, section, sid The unit. over right rel mortgged nd unit of lese mortgged of cession nd property, common mortgged

34 34 No GVERNMENT GAZETTE, 30 JUNE 2017 sections. more or two of consolidtion of pln sectionl of registrtion for pply to corporte, body of estblishment to prior developer, for provide to seeks mendment proposed The scheme. sections of consolidtion of registrtion with dels which Act, of 23 7 section mend to seeks Bill of 10 Cluse titles. sectionl registered of certificte of issug to subsequent registered be n my trnsfers Prtition unit. origl of owners jot of nmes issued be to title sectionl registered of certifictes for is subdivision upon position correct However, greement. prtition of terms reto entitled persons of fvour titles sectionl registered of certifictes of issug for provides Act of 22(2)(d) Section Act. of 22(2)(e) section delete nd 22(2)(d) section mend to seeks Bill, of (d) nd 9(c) Cluses lese. of clusion for provide to order Act 22(2)(cÁ) section sertion seeks Bill, of 9(b) Cluse lese. to reference omits endorsement, of purposes for deeds title relevnt of lodgement for provides tht 22(2) section However, T3 Cl < co ó o. m Ó = Q..-«(D o C). Ñ C c CD 3 N m o ó á CD - o.,. CD \V s FT; CD ( G N. C. - (U.m. (D CD m g CD (D ID ó -, ' N m '0 N CD. Ñ N W Ñ CD M o CL,, Fil C (D 3 ñ m r^ ó

35 STAATSKERANT, 30 JUNIE 2017 No lese. to reference for provide to seeks Bill, of 11(b) cluse proposed The lese. to reference omits endorsement, of purposes for deeds title relevnt of lodgement for provides 24(6) Section extension. such reflect to order section of deed title gst registered been hve tht deeds of endorsement for provides which Act, of 24(7) section mend to seeks Bill of 11 Cluse section. of extension of pln sectionl such of registrtion for pply to developer for provide to seeks Bill, of (b) nd 11() cluses conted s 24(6)(dB), nd 24(3A) sections of sertion The pprovl. such for -Generl Surveyor to section, of extension of pln sectionl drft submit to rchitect or surveyor lnd cuse to corporte, body of estblishment to prior developer, for provide not does 24 Section scheme. section of extension n of registrtion with dels which Act, of 24 section mend to seeks Bill of 11 Cluse

36 36 No GVERNMENT GAZETTE, 30 JUNE 2017 co gst registered bonds mortgge of endorsement nd lodgement for provides 25(10)(dA) section nd 25(10)(c) section both fr so dupliction is There clusion. this for provide to seeks 12(c), cluse proposed s 25(6), section of mendment The regrd. this consent lso to rights rel of bondholders nd rights rel registered of holders for provide not does 25(6) Section scheme. units ll of bondholders nd corporte body of members ll of consent written with corporte body by exercised be my right Such lpsed. hd nd mde, ws reservtion such if or 25(1), section of terms developer by mde ws reservtion no where stnces scheme of extension for pply to corporte body for provides 25(6) Section this. ddress to seeks Bill, of 12(b) cluse proposed s 25(5A)() section of mendment The register. title sectionl relevnt unit of clusion to reference mkes only 25(5A)() section However, res. use exclusive nd sections of ddition by scheme of extension for provides 25 Section

37 -1. 0 STAATSKERANT, 30 JUNIE 2017 No position. rectifies (b) nd 15() cluse 32(2) nd 32(1) sections of mendment The Act, Mngement Schemes Titles Sectionl by repeled been hs Act of 48 Section Act. of 48 section to subject provisions such mke nd quots prticiption of determtion to pertg provisions cont (2) nd 32(1) Sections sections. of quots prticiption with dels which Act, of 32 section mend to seeks Bill of 15 Cluse 15 Cluse 2.15 this. for provide to seeks Bill, of 14 cluse proposed s (5A), subsection of sertion The developers. by use exclusive to rights of cncelltion of respect silent is Act The property. common of prts of use exclusive to rights ir cncel to owners for possible it mke to order Act, of 27(5) section mend to seeks Bill of 14 Cluse 14 Cluse 2.14 this. for provide to seek Bill, of 13 cluse proposed s 26(9), nd 26(8) sections of sertion The property. common of extension of pln of registrtion for pply to corporte, body of estblishment to prior developer, for provide not does 26 Section property. common to lnd of ddition by schemes of extension with dels which Act, of 26 section mend to seeks Bill of 13 Cluse 13 Cluse 2.13

38 38 No GVERNMENT GAZETTE, 30 JUNE 2017 Act. Registries Deeds of 9 section of provisions with le lso is mendment The bord. of member nth s knowledge, prcticl necessry with deeds of registrr ssistnt or deeds, of registrr deputy deeds, of registrr of ppotment for providg by mtter this ddress to seeks Bill of 16(c) cluse proposed s 54(2)(c)(vii) section of sertion The registers. title sectionl of openg nd units title sectionl of registrtion to pertg mtters on knowledge prcticl hve to bord of representtive for need is There (c). nd 16(b) cluses proposed mendments to consequentil is 16() cluse mendment The Act. Registries Deeds of 9 section of provisions with le is nd necessry is Bill of 16(b) cluse 54(2)(c)(i), section of mendment The Act. Registries Deeds of 9 section of terms estblished Bord, Regultions Registries Deeds on conveyncers two by represented is LSSA However, Bord. Regultions Titles Sectionl of member s Mister by ppotment for conveyncer one nomtes ('LSSSA') Afric South of Republic of Society Lw of Council Executive The Act. of 54 section mend to seeks Bill of 16 Cluse

39 STAATSKERANT, 30 JUNIE 2017 No i co co ) cr ó o -I rn 3 ^ (7, o St 3 m m o ó, 3 ' 0- en /J' çd, ^ m o 7 41 o... - ro m ó úi C- 72 Z o < C ID ó cn r. á o - CD o ó " CD 73 m o co.5... C fl: Ñ C Q) Q ZD 7 1:3. C C") Q M. c o o D co cn 3 n) {n Q. o n ; N * 3 CD D (1) CTI.7 pi Ñ CD :-: Ó 3 3 o N.. co Ç 7C' cluse proposed s 60(3), section of mendment The plns. on deleted be to it cusg without rights cede cnnot corporte body The rules. creted ws it plns; sectionl 1971 on deleted not were rights those However, deed. notril of mens by owner to right such trnsfer to corporte body request to property, common of prts of use exclusive to right cquired hs who owner n for provides (3) 60 Section 1971). of 66 No. (Act 1971 Act, Titles Sectionl of terms registered trnsctions of respect provisions trnsitionl nd svgs with dels which Act of 60 section mend to seeks Bill of 17 Cluse 17 Cluse 2.17

40 40 No GVERNMENT GAZETTE, 30 JUNE 2017

41 STAATSKERANT, 30 JUNIE 2017 No V -.L Bill. tggg when used be to test on ruled Court Constitutionl (CC), 214 SA (6) 2010 Affirs Lnd nd Agriculture of Mister y Tongne In government. of sphere nor of competence legisltive terference preventg with concerned process nor mtter, on legislte to competence hs tht government of sphere determg with concerned not is tggg for test The 7.2

42 42 No GVERNMENT GAZETTE, 30 JUNE 2017 N -o C -1 rr o ) 7 á. = c -, ID CD 3 CCR CD á1 - N C FD` 7' M V Q. I.< i CD cr s 2 ET. 3 7 = v Cil ÿ -'.' 7. Ñ N Q cn u) 3 C (D =. c 7 (D c. Ñ!]. S Gt1 CD Ó VJ. _ 7. ' fd CL (7 m 7 D Cfl N.. ñ 5 7 U1 N communities. trditionl of customs or lw customry to pertg provisions cont not does it sce 2003), of 41 No. (Act 2003 Act, Frmework Governnce nd Ledership Trditionl of 18(1)() section of terms Leders Trditionl of House Ntionl to Bill this refer to necessry not is it tht opion of re Reform Lnd nd Development Rurl of Deprtment nd Advisers Lw Stte The 7.6

43 STAATSKERANT, 30 JUNIE 2017 No Wrng!!! To ll suppliers nd potentil suppliers of goods to Government Prtg Works The Government Prtg Works would like to wrn members of public gst n orgnised syndicte(s) scmmg unsuspectg members of public nd climg to ct on behlf of Government Prtg Works. ne of wys which syndicte opertes is by requestg quottions for vrious goods nd services on quottion form with logo of Government Prtg Works. nce officil order is plced syndicte requestg upfront pyment before delivery will tke plce. nce upfront pyment is done syndicte do not deliver goods nd service provider n expect pyment from Government Prtg Works. Government Prtg Works condemns such illegl ctivities nd encourges service providers to confirm legitimcy of purchse orders with GPW SCM, prior to processg nd delivery of goods. To confirm legitimcy of purchse orders, plese contct: Renny Chetty (012) (Renny.Chetty@gpw.gov.z), Ann-Mrie du Toit (012) (Ann-Mrie.DuToit@gpw.gov.z) nd Sirj Rizvi (012) (Sirj.Rizvi@gpw.gov.z)

44 44 No GVERNMENT GAZETTE, 30 JUNE 2017 Prted by nd obtble from Government Prter, Bosmn Street, Privte Bg X85, Pretori, 0001 Contct Centre Tel: emil: Publictions: Tel: (012) , ,