A lot of the time you as the owner are able to do as you please with your unit in terms of making alterations to make your unit fit your lifestyle and budget. However, the alterations you plan to undertake must be in accordance with the Sectional Titles Act, the Management Rules and the Conduct Rules of the complex.
With a basic interpretation of the law, you as the owner of that unit may alter the interior as you deem fit – change the colour of the walls, hang artwork or tile the floors.
Anything beyond that, like pulling down a wall and changing the structure of the unit is STRICTLY PROHBITED unless prior consent is given to you by the Trustees of the complex, (and in some instances consent is needed from every other unit owner!)
The exterior of your unit is a whole other story altogether because it falls into even stricter provisions of the law. You cannot make any alterations whatsoever to the exterior of your unit, including the roof or balcony, unless such alterations do not change the appearance to such an extent that your unit will be inharmonious with the rest of the complex, and more importantly you require prior consent from the Trustees.
In a recent case that we dealt with an owner requested permission from the Trustees to put a skylight in a room in his flat. A skylight affects both the exterior (which is common property) and the interior of the unit. The Trustees granted permission for the owner to put in a “small” skylight so that the harmonious appearance of the complex would not be affected.
However the alteration went far beyond the scope of the permission granted. Instead of a new skylight, the entire roof and ceiling of the room was removed to the extent that sheets of glass replaced the roof. (Have a look at the photo!)
This is clearly inharmonious with the rest of the complex, and even if it wasn’t inharmonious the owner did not have the permission to undertake such extensive alterations.
The Trustees have a duty to enforce the law and demand that the owner remove the “skylight” and restore the roof to its original form.
This might seem harsh, but the Trustees don’t have a choice but to enforce the law to the benefit of the complex or face possible liability issues.
This alteration goes further than just breaching the law since it affects other owners of the scheme too. One needs to consider the insurance value of the roof and the appearance of the complex as a whole, which could affect the value of all units in the scheme.
CONTACT JONTY at jleon@ibalaw.co.za OR KAREN at kbleijs@ibalaw.co.za
