Section Extension or Exclusive Use Area Improvement?

Understanding the difference and why it is important

In sectional title schemes, changes to private areas can sometimes appear straightforward, but the legal classification of the work can have significant consequences. A section extension and an improvement to an exclusive use area (EUA) are not the same and follow different approval processes.

The approval process can include:

• Special resolution of the body corporate;
• Municipal building plan approval;
• An amending sectional plan prepared and approved through the prescribed process;
• Relevant bondholder consent where the statutory threshold applies; and
• Registration of the amended plan and new title deed.

Case Study: EUA Lapa Alteration

The article considers a lapa that was substantially enclosed and fitted with brick walls, a sliding door, windows, concrete flooring, a thatched roof, electricity, plumbing, counters and other interior features. Given the extent of the enclosure and functionality, the conclusion was that the altered structure effectively increased the usable floor area and should be treated as a section extension rather than merely an EUA improvement.

Why Does the Distinction Matter?

• Legal compliance: Section extensions require a more formal approval and registration process.
• Financial contributions: Increased floor area can affect PQ, levies and voting power.
• Maintenance responsibilities: The sectional plan is important when determining maintenance obligations.
• Future sales and transfers: Unregistered extensions may create difficulties when property is sold or financed.

Article reference: Paddocks Press, Volume 20, Issue 3 — “Section Extension or Exclusive Use Area Improvement?”, by Jennifer Paddock.

The Distinction Between Minor and Major Changes to Common Property

Not every change to common property follows the same approval process. Trustees should consider the nature and consequences of a proposed alteration before deciding whether trustee or body corporate approval is required.

What Should Trustees Consider?

1. Is it a minor or major change?

The source article identifies more substantial improvements such as swimming pools, solar panels and generators as examples requiring consideration under the major-improvement process, while certain minor changes may be capable of trustee authorisation.

2. Is the change temporary or permanent?

Permanence alone should not determine the approval route. The article notes that generators and solar panels may be temporary in nature but can still require body corporate approval.

3. Does the change create other consequences?

Noise, odour, aesthetic impact and other consequences may affect the use and enjoyment of common property by other owners.

4. Who is affected?

Trustees should consider whether the change affects only one owner or has wider financial, aesthetic or nuisance implications for the community.

5. Who initiated, funds and maintains the change?

Consider who initiated the project, who will fund it and who will be responsible for maintenance afterwards. No single factor should be considered in isolation.

Source: Stratafin — “The distinction between minor and major changes to common property”.

City Warns Residents About Sophisticated Municipal Scams

The City of Johannesburg has issued an urgent warning following an increase in sophisticated scams targeting municipal account holders. Criminals are impersonating City of Johannesburg, Johannesburg Water and City Power officials or contractors through fake emails, SMSs, calls and door-to-door visits.

The City reports that residents have lost between R3,500 and R120,000 after being pressured into fraudulent payments.

What Should You Do?

1. Do not pay. Never hand over cash or transfer money to someone demanding payment at your property.
2. Verify credentials. Request official identification and independently confirm your account status through secure City channels.
3. Report fraud. Contact the City’s Anti-Fraud and Corruption Hotline on 0800 002 587.
4. Keep evidence. Retain correspondence, telephone numbers, banking details, photographs and job cards.

Source: City of Johannesburg media release dated 9 September 2026, “City warns residents about sophisticated municipal scams”.

Spring Maintenance Checklist

Spring is a good time for trustees to review outstanding maintenance and plan for the months ahead.

• Review outstanding maintenance items and contractor reports.
• Check roofs, gutters, waterproofing and areas affected by winter weather.
• Review planned maintenance and reserve-fund priorities.
• Confirm quotations and approvals are properly documented.
• Identify recurring defects and consider preventative maintenance.

Stay Connected on WeConnectU

Trustees are reminded to actively use the WeConnectU Community App for payment approvals and important community information.

Finance → Suppliers → Payments → Review → Authorise

Let’s Keep Our Communities Moving Forward

Thank you to our trustees, owners, residents and service providers for your continued cooperation. We wish everyone a healthy, safe and positive start to spring.