COMMON PROPERTY

What is common Property

Ownership of common property

Owners of sections are jointly owners of the common property in undivided shares proportionate to the participation quotas of their respective sections as specified on the relevant sectional plan.

“PQ or participation quotas

the participation quota of a section is a percentage expressed to four decimal places, and arrived at by dividing the floor area, correct to the nearest square meter, of the section by the floor area, correct to the nearest square meter, of all the sections in the building or buildings comprised in the scheme.”

A sectional title deed in respect of a section must, in a separate paragraph, describe the undivided share in the common property of the owner of the section as an undivided share in the common property apportioned to the section in accordance with the participation quota of the section.

Typical sectional title building

A section and its undivided share in the common property are together deemed to be one unit, and –

  • no section may be disposed of or be otherwise dealt with separately from its appurtenant undivided share in the common property; and
  • subject to section 19, no undivided share in the common property may be disposed of or be otherwise dealt with separately from the section to which it is appurtenant.

Insurance of a section is deemed also to insure the undivided share in the common property of the owner of the section, even if no express reference to that undivided share is made in the policy of insurance.

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