Many faces of sectional title : a comparative survey of the inadequate legal treatment of non-residential sectional title schemes

Van der Merwe, C. G. (2016-10)

CITATION: Van Der Merwe, C.G. 2016. Many faces of sectional title : a comparative survey of the inadequate legal treatment of non-residential sectional title schemes. Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg, 2016(3):428-446.

The original publication is available at https://journals.co.za/content/journal/jlc_tsar

Article

Although sectional titles were primarily introduced to meet the growing need for residential accommodation within commuting distance from urban centres, nothing precluded the institution from being utilised for mixed schemes and various kinds of non-residential developments. The aim of this contribution is to give an overview of the various kinds of non-residential strata developments encountered in Europe, Australia, Canada and the United States and to highlight the advantages of non-residential sectional title schemes compared with the more typical alternatives. The alternatives are commercial, industrial and office units developed on separate plots of land and multi-unit rental schemes containing commercial, industrial and office units leased to businessmen and industrial and professional tenants. It will then be shown that due to the focus on residential schemes, non-residential schemes are inadequately regulated in the various condominium and strata title statutes. The conclusion will focus on the South African non-residential sectional title industry to determine the extent to which the relevant provisions of the Sectional Titles Act fall short of the demands of the market.

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