Page 1 D. APPORTIONMENT OF FEES: SECTIONAL TITLES RECOMMENDED APPORTIONMENT OF FEES BETWEEN PRACTITIONERS IN KWAZULU-NATAL FOR CONVEYANCING AND NOTARIAL FEES B. SECTIONAL TITLES ACT NO. 95 OF 1986 1. General Notes as per Part B, item 1 above. 2. Definitions as per Part B, item 2 above. SECTION I 1. Application for the opening of a sectional title register (a) Application for opening of A R32.00, with a minimum of R192.00 Sectional Title Register - per unit (b) For each lodgment of complete A R72.00 set of documents (c) Additional fee may be charged by R100.00 agreement for exceptional attendance at the rate per quarter hour of 2. Application for the Extension of Schemes by Addition of land to common property As for Section I.1 above. 3. Application for the Extension of Schemes in terms of Section 25 of the Act As for Section I.1 above. SECTION II Transfer of ownership 1. Registration of ownership A Where the value of the property (determined in accordance with the definition under item 2(b) of Part A above) does not exceed R75,000.00: R146.00 plus R8.00 for every R10,000.00 or part thereof by which the value of the property exceeds R40,000.00.
Page 2 D. Where the value of the property exceeds R75,000.00, but does not exceed R250,000.00: R184.50 plus R8.00 for every R10,000.00 or part thereof by which the value of the property exceeds R80,000.00. Where the value of the property exceeds R250,000.00, but does not exceed R500,000.00: R342.00 plus R8.50 for every R10,000.00 or part thereof by which the value of the property exceeds R260,000.00. Where the value of the property exceeds R500,000.00: R546.00 plus R95.00 for every R100,000.00 or part thereof by which the value of the property exceeds R500,000.00, up to and including R1,000,000.00, whereafter the additional fee shall be R51.00 per R100,000.00 or part thereof up to and including R5,000,000.00 and thereafter the additional fee shall be R33.50 per R100,000.00 or part thereof. 2. Additional property A NIL NOTE: Expropriation or endorsement A R111.00 transfers (e.g. in terms of Section 45 of Deeds Registries Act) referred to in the Note to Section II of Part B above. SECTION III Partition transfers Registration of partition transfer A R305.50
Page 3 D. SECTION IV Endorsement in terms of the Administration of Estates Act, 1965 Lodgment of Application A R123.50 SECTION V Subdivision and Consolidation and Extension of a Section/s (a) Subdivision or consolidation or extension A R358.00 of a Section/s basic fee (b) Each subdivision or consolidation A R25.50 SECTION VI Application for sectional title deed in respect of undivided share in unit C.R.S.T. for undivided share A R151.50 SECTION VII 1. Reversion from sectional title register to land register (a) Basic Fee A Basic fee of R128.00 plus R17.50 in respect of each section (b) Each Section 2. Disposal on destruction of buildings As for Section VII.1 above.
Page 4 D. SECTION VIII Sectional Mortgage Bonds 1. Sectional Mortgage or Surety Bond A Where the amount of the bond does not exceed R70,000.00: R125.00 plus R6.00 for every R10,000.00 or part thereof by which the amount of the bond exceeds R40,000.00. Where the amount of the bond exceeds R70,000.00, but does not exceed R100,000.00: R151.50 plus R6.00 for every R10,000.00 or part thereof by which the amount of the bond exceeds R80,000.00. Where the amount of the bond exceeds R100,000.00, but does not exceed R500,000.00: R173.00 plus R6.00 for every R10,000.00 or part thereof by which the amount of the bond exceeds R110,000.00. Where the amount of the bond exceeds R500,000.00: R407.00 for the first R500,000.00 plus R67.50 for every R100,000.00 or part thereof by which the amount of the bond exceeds R500,000.00, up to and including R1,000,000.00, whereafter the additional fee shall be R34.50 per R100,000.00 or part thereof up to and including R5,000,000.00 and thereafter the additional fee shall be R15.00 per R100,000.000 or part thereof. For the purposes of this tariff the "amount of the bond" shall be deemed to be the amount on which stamp duty is payable or would, but for an applicable exemption, have been payable. B 60 %
Page 5 D. 2. Collateral Bond A 50% of the fee under A.1.A. above B 60 % 3. Additional Unit A NIL B 60 % SECTION IX Cession, cancellation or modification of bonds 1. (a) Consent to cancellation, cancellation of A R230.50 Cession, release, reduction of cover, B 60 % part payment, waiver of preference etc. (b) Subsequent bond A R40.50 (c) Additional unit A NIL 2. Cession or Section 45 endorsement of bond A R203.50 3. Agreement varying - Deeds Registries Act bond A R144.00 Agreement varying - Sectional bond A R144.00 4. Substitution in terms of Section 57 A 50 % of the fee which would be of Deeds Registries Act. chargeable under Section VIII, item 1 above for a new bond of the same amount.
Page 6 D. 5. Additional signature A NIL 6. Master's Certificate or copy Practitioner obtaining 7. Consents to substitution under Section R280.00 24bis(3), 45(2)(b) or 45bis(2) SECTION X Notarial deeds 1. Notarial Lease, Servitude, other Notarial Deeds. A R160.00 2. Notarial Waiver of Preference A R193.00 SECTION XI Certificates of Real Rights Certificate of Real Rights - 1, 2 and 3 A R150.00 SECTION XII Cessions (Notarial) Cessions (Notarial) - 1, 2 and 4 A R112.50 B 50% C 80% 3 as for 1, 2 and 4 above if no consideration allocated R112.50 where fixed fee to exclusive use area, otherwise as for transfer of ownership under Part B, Section II above.
Page 7 D. SECTION XIII Miscellaneous 1. Supervising Practitioner supervising. 2. (a) Searching and reporting; and Practitioner searching and reporting. (b) Searching and reporting 3. Conveyancer's Certificate Conveyancer drawing. 4. Certificate of Establishment of Body Corporate A R24.50 5. (a) Consent - Sections 24(6) & 25(10) A R50.00 (b) Amended Rules for Substitution A R67.00 (c) Notification of Domicilium in A R30.50 terms of Section 29(1)(b)
Page 8 D. 16. SCHEDULE OF FEES FOR ADDITIONAL WORK. Where a practitioner instructs another practitioner to do any work in Parts I, II, III and IV above, not covered by the term "lodgement", the former shall from his share of the fees pay the latter the amount set out hereunder: (1) Obtaining all necessary endorsements from the Master per estate R155.00 (2) Obtaining copies of documents from the Master required for lodgement in a deeds registry per application (exclusive of searches) R80.00 (3) Obtaining a clearance or other similar certificate from a public or local authority per certificate R50.00 (4) Attending on payment of transfer duty and uplifting receipt R50.00 (5) Any other attendance per quarter hour or part thereof including searching in the deeds office in connection with a deed in the course of preparation R95.00 (6) Drawing any document per folio or part thereof R52.00 (7) Perusing and certifying a guarantee for payment R52.00 (8) Applying for restoration or expedition of deed on the specific instructions of the instructing conveyancer and where the deed was rejected or requires expedition through no fault of the lodging conveyancer. R85.50 (9) Collaborations outside KwaZulu-Natal R62.50