Extension of sections in sectional title schemes
Key legal principles and procedures explained
31 March 2026 | Zerlinda van der Merwe
Extensions of sections in sectional title schemes are becoming more common as owners look to add space and value to their properties. However, extending a section is not simply a building project, it is a legal process that must comply with specific legislative and scheme requirements.
In this article, we outline the key legal principles and procedures that apply to the extension of sections in sectional title schemes.
What is an “extension” of a section?
Have you ever thought about expanding your section, maybe knocking through a wall to incorporate that unused courtyard to increase the size of your kitchen.But have you ever wondered what the process would actually involve? The short answer is: it's more involved than most people expect, and getting it wrong can cause serious headaches down the line.
A legal extension of a section is when the boundaries or floor area of a section is increased, incorporating a part of common property. Extensions of sections are governed by section 24 of the Sectional Titles Act 95 of 1986 ("the STA") and section 5(1)(h) of the Sectional Titles Schemes Management Act 8 of 2011 ("the STSMA").
In terms of this legislation, this decision is one that belongs to all the members of the body corporate, and requires a special resolution.
How does a special general meeting work
1. Notice requirements
In terms of section 6(2) of the STSMA, the notice calling the special general meeting must:
Be sent to all members at least 30 (clear) days prior to the special general meeting (this includes the day that the notice is sent, but excludes the day of the meeting);
Contain the full text of the proposed special resolution;
Be delivered via hand delivery, or pre-paid registered post to the member's section, or pre-paid registered post to another South African address the member has nominated in writing, and
May also be emailed or faxed to members (in addition to, not instead of, one of the above methods).
2. Quorum requirements
A quorum, as prescribed, must be present before the business of the special general meeting can be dealt with.
Quorum may be satisfied by:
Members present physically (if the meeting is being held in a physical venue);
Members present by remote attendance, and
Members represented by proxy (provided a person acts as proxy for not more than two members).
In calculating the required quorum, the votes of the developer and the body corporate (as owners of sections) are excluded from the calculation.
If a quorum is not present within 30 minutes from the time appointed for the commencement of the special general meeting, the meeting stands adjourned to the same day in the next week, at the same place and time.
The quorum is 33.3% of the total of the participation quota of all sections in the scheme,at the initial meeting. If the meeting stands adjourned, and a quorum is still not present at the adjourned meeting following a further period of 30 minutes, the meeting may proceed with whoever is there provided that there are 2 members or proxy holders.
3. Voting requirements
In order to be validly approved, the special resolution must be passed by at least 75% of the members present or represented at the special general meeting. The votes must be calculated in two ways, and both thresholds must be met:
In number:
Each member (or proxy holder) has one vote, irrespective of how many sections they own. At least 75% of all members (or proxy holders) at the meeting must vote in favour.
and
In value:
Votes are calculated by total participation quota (combined participation quota of all sections owned by each member). At least 75% of the participation quota all members (or proxy holders) at the meeting must vote in favour.
In order for the resolution to pass, both of the above requirements must be satisfied. Keeping in mind that members can only vote "yes" or "no" as the STSMA does not make allowance for abstentions.
Implications to the participation quota
Every extension of a section affects the participation quota schedule of the sectional plan, because the floor area of the extended section increases, as abovementioned. The amending sectional plan must therefore include an updated participation quota schedule, and this must be registered at the Deeds Office, as set out above.
Compensation to the body corporate
While it is important to note that all professional and legal costs, including but not limited to, survey fees, plan approval costs, conveyancing, and bondholder consent costs, are borne by the applicant owner.
Where a section is extended over common property, the body corporate may require compensation from the applicant owner. The amount is typically based on a valuation obtained by the body corporate or the applicant owner, and the conditions of the special resolution should set this out clearly, BUT it is not a legal requirement under the STSMA.
What to do if the resolution is not obtained?
In the event of a lower threshold for quorum
If the special resolution passes at a special general meeting where the quorum is less than 50% of the total value (participation quota) of all members in the scheme, the special resolution cannot be implemented for one week following the special general meeting.
Approach the CSOS
If the applicant owner is unable to achieve the required special resolution, they may approach the CSOS for relief (the granting of the special resolution) if they have obtained at least 50% vote in favour. This will be a direct application to the Chief Ombud under section 6(9) of the STSMA.
Approach the High Court
If the CSOS route is not suitable, or the matter is urgent, the matter can be referred to the High Court for an Order, including costs.
Conclusion: Get the process right from the start
If you're an owner considering an extension, the message is clear: start planning early, get the paperwork right, and make sure the broader ownership body is properly engaged before the meeting. Incorrect notice of a meeting, quorum shortfall, or a misunderstanding of the dual voting requirement can derail the process entirely.
And if you're a trustee helping to facilitate this kind of request, remember that your role here is to administer the process — the approval decision belongs to the members, not the trustees. Getting the procedural steps right protects everyone involved.
Extensions can be a perfectly legitimate and valuable improvement for an owner and the scheme. But they are a formal legal process, and they deserve to be treated as one.
This article is intended for general information purposes only and does not constitute legal advice. If you are considering extending your section, email info@tvdmconsultants.com to find out how we can assist.
About the Author:
Zerlinda van der Merwe is a Co-Founder | Director at TVDM Consultants.