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Sectional Titles Act, 2009
Act 2 of 2009
- Published in Government Gazette 4259 on 14 May 2009
- Assented to on 22 April 2009
- Commenced on 15 December 2014 by Commencement of Sectional Titles Act, 2009
- [This is the version of this document from 14 May 2009 and includes any amendments published up to 3 May 2024.]
Part I – DEFINITIONS AND INTERPRETATION
1. Definitions and interpretation
Part II – INTRODUCTORY PROVISIONS
2. Ownership and real rights in or over parts of buildings, and registration of title to ownership or other real rights in or over such parts
Despite anything to the contrary in any law or the common law -3. Application of Deeds Registries Act
Except as otherwise provided in this Act or any other law, or unless the context otherwise indicates, the provisions of the Deeds Registries Act apply, in so far as those provisions can be so applied, with the necessary changes in respect of all deeds and other documents registered or filed, or intended to be registered or filed, in the deeds registry in terms of this Act, irrespective of where the land to which any such deed or document relates is situated in Namibia.4. Keeping of records and reproduction of documents
5. Units deemed to be land
A unit is deemed to be land.Part III – DEVELOPMENT SCHEMES, SECTIONAL PLANS AND SECTIONAL TITLE REGISTERS
6. Approval of development schemes
7. Manner of preparing draft sectional plans
8. Duties of land surveyors and architects, and non-liability of State and local authorities
9. Approval of draft sectional plans by local authorities
10. Improper or unprofessional conduct of land surveyors and architects
11. Applications for opening of sectional title registers
12. Registration of sectional plans and opening of sectional title registers
13. Effect of registration of sectional plan
14. Amendment and cancellation of sectional plans
Part IV – REGISTRATION AND COMMON PROPERTY
15. Preparation of deeds by conveyancer
Subject to this Act or any other law, the registrar may not attest, execute or register a deed of transfer, sectional mortgage bond, certificate of title or certificate of registration of any kind whatsoever, unless any such deed, mortgage bond or certificate has been prepared and signed by a conveyancer in accordance with this Act.16. Proof of certain facts in connection with deeds and documents by means of certain certificates
17. Registration of transfer of ownership and other rights
18. Ownership of common property
19. Alienation and letting of common property
20. Transfer of mortgaged unit, undivided share, common property or land, and cession of mortgaged lease or real right
Sections 56 and 57 of the Deeds Registries Act apply with the necessary changes in respect of -21. Expropriation of common property or rights therein
Part V – SUBDIVISION, CONSOLIDATION AND EXTENSION OF SECTIONS
22. Approval of plan of subdivision or consolidation by local authorities
23. Registration of subdivision of section
24. Registration of consolidation of sections
25. Extension of sections
Part VI – EXTENSION OF SCHEMES
26. Extension of schemes by addition of sections and exclusive use areas
27. Extension of schemes by addition of land to common property
Part VII – EXCLUSIVE USE OF COMMON PROPERTY AND SERVITUDES
28. Rights of exclusive use of parts of common property
29. Rules regarding exclusive use areas
30. Implied servitudes
31. Creation of servitudes
32. Ancillary servitudal rights
All ancillary rights and obligations reasonably necessary to make servitudes effective apply in respect of servitudes implied or created under this Act.33. Deeds Registries Act and implied servitudes
Part VIII – PARTICIPATION QUOTAS AND DEVELOPERS
34. Participation quotas
35. Sale or letting of sections
Nothing in this Act or any other law contained is to be construed as preventing a developer from selling certain sections in a building and letting other sections therein or from letting all sections therein.36. Shares of developers in buildings and land
Part IX – RULES AND BODIES CORPORATE
37. Rules
38. Bodies corporate
39. Functions of bodies corporate
40. Powers of bodies corporate
A body corporate referred to in section 38(1) may exercise the powers conferred on it by or under this Act or the rules, and those powers include the power -41. Functions and powers of bodies corporate to be performed or exercised by trustees
42. Fiduciary position of trustees
43. Proceedings on behalf of bodies corporate
44. Powers of curatores ad litem
[The plural of curator ad litem is curators ad litem.]45. Security for costs by applicants for appointment of curatores ad litem
[The plural of curator ad litem is curators ad litem.]The Court may, if it appears that there is reason to believe that an applicant in respect of an application under section 43(3) will be unable to pay the costs of the respondent body corporate if successful in its opposition, require sufficient security to be given by the applicant for those costs and the costs of the provisional curator ad litem before a provisional order is made.Part X – OWNERS, ADMINISTRATORS AND BUILDINGS
46. Duties of owners
47. Insurance by owners
48. Appointment of administrators
49. Recovery from owners of unsatisfied judgment against bodies corporate
50. Non-liability of bodies corporate for debts and obligations of developers
No debt or other obligation arising from an agreement entered into between a developer and any other person, including an owner of a section, is enforceable against a body corporate.51. Destruction of or damage to buildings
52. Disposal on destruction of buildings
53. Unencumbered sections destroyed by State or local authority
54. Valuation of land and buildings and recovery of rates by local authorities
Part XI – MISCELLANEOUS
55. Sectional Titles Regulation Board
56. Regulations
57. Notice of applications to Court
58. Appointment of arbitrators
59. Exemption from liability
No act or omission of the registrar or Surveyor-General or any local authority, or of an official who is employed in the deeds registry or an office of the Surveyor-General or local authority, in the course of the administration of this Act, renders the State or the registrar, Surveyor-General or local authority, or that official liable for damages suffered by anyone in consequence of that act or omission, unless that act or omission was in bad faith or constituted negligence.60. Repeal of laws
The laws specified in the Schedule are repealed to the extent set out in the third column of the Schedule.61. Savings and transitional provisions
62. Short title and commencement
This Act is called the Sectional Titles Act, 2009, and comes into operation on a date determined by the Minister by notice in the Gazette.History of this document
15 December 2014
Commenced by
Commencement of Sectional Titles Act, 2009
14 May 2009 this version
22 April 2009
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Sectional Titles Regulations, 2014 | Government Notice 223 of 2014 |
Cited documents 11
Legislation 11
- Architects’ and Quantity Surveyors’ Act, 1979
- Close Corporations Act, 1988
- Deeds Registries Act, 1937
- General Law Amendment Act, 1973
- General Law Amendment Act, 1975
- Land Survey Act, 1993
- Legal Practitioners Act, 1995
- Local Authorities Act, 1992
- Professional Land Surveyors’, Technical Surveyors’ and Survey Technicians’ Act, 1993
- Public Service Act, 1995
- Second General Law Amendment Act, 1974
Documents citing this one 17
Gazette 9
- Namibia Government Gazette dated 2009-05-13 number 4258
- Namibia Government Gazette dated 2009-05-14 number 4259
- Namibia Government Gazette dated 2014-10-31 number 5604
- Namibia Government Gazette dated 2014-12-15 number 5633
- Namibia Government Gazette dated 2015-12-31 number 5913
- Namibia Government Gazette dated 2016-12-15 number 6196
- Namibia Government Gazette dated 2018-04-24 number 6578
- Namibia Government Gazette dated 2021-04-23 number 7514
- Namibia Government Gazette dated 2023-09-19 number 8218
Judgment 4
- Black Rock Body Corporate v Black Rock Properties Nine CC (HC-MD-CIV-MOT-GEN-2022/00341) [2023] NAHCMD 673 (23 October 2023)
- Lalapanzi Body Corporate v Nesa Event Management CC (HC-MD-CIV-ACT-CON- 870 of 2022) [2023] NAHCMD 4 (20 January 2023)
- Municipal Council of Walvis Bay v Job (HC-MD-CIV-ACT-CON- 3745 of 2019) [2020] NAHCMD 549 (30 November 2020)
- Trails Body Corporate v Smuts (HC-MD-CIV-APP-AMC-2022/00006) [2023] NAHCMD 331 (16 June 2023)