Page 66 - Q&A 2019/2020

Can you convert the garage of your sectional
title unit into an extra room?

August 2019

“In our sectional title scheme, I’ve heard that one of the unit owners is busy
planning to convert her garage into a hair salon and then park her car in the
public parking area. I’m not happy with this at all as not only will it increase
unknown persons in the complex, it will also reduce the already limited public
parking spaces we have. Surely she cannot just go ahead and change her
garage?”

Sectional title schemes are essentially communities who have joined together
with a specific intent. Any change to basic nature of the scheme may therefore
defeat the purpose of the scheme, unless such a change is consented to by all.

This position was confirmed in the recent court case of Mineur V Baydunes
Body Corporate and Others where in a quite similar set of facts the question
was raised whether a sectional title owner could convert their garage into a Property
residential space.

In assessing the legal position, the court looked at Section 13(1)(g) of the
Sectional Titles Schemes Management Act 8 of 2011 which clearly states that
“when the purpose for which a section or exclusive use area is intended to be
used is shown expressly or by implication on or by registered sectional plan,
an owner must not use nor permit such section or exclusive use area to be
used for any other purpose than indicated on the sectional plan. The only
instance in which an owner may use his unit for another purpose as indicated
on the sectional plan is if the written consent of all owners is obtained that such
section or exclusive use area may be used for the purpose as consented to”.
[our emphasis]

Accordingly, the court found that the objection of one unit-owner in the
sectional scheme to the conversion of garages into residential spaces was
enough to the render the resolution taken by the majority of the unit owners in
the sectional scheme as unlawful and invalid. The conversion of garages into
residential spaces did not only impact the unit owner but the entire sectional
title scheme as it created a lack of parking for vehicles in an already confined
area. Additionally, the building plans of every sectional title scheme must meet
certain parking requirements imposed by the Local Municipality to ensure
safety and convenience for the residents in the scheme.
However, it does not mean that a unit owner will never be able to make
alterations to their unit. Basic alterations can usually be dealt with by the rules
of the scheme and be approved by the body corporate. But for changes where
the nature of the unit or scheme is changed, it will be important to obtain the
consent of all the members of the sectional title scheme by showing that your

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