By way of introducing the term DUET PROPERTY, it is important to know that a duet is a sectional title property that contains two dwelling units on a singular erf and is administered and regulated by the Sectional Titles Act 95 of 1986.

The Municipal Zoning Scheme states that a duet may only be erected on erven greater than 800m² with separate electrical and water connections. The floor area of each unit may not exceed 300m² while the height of the duet property may not exceed 8 meters. Each unit must be provided vehicle access from and to a street while also being limited to two garages per dwelling unit.

Because a duet is a sectional title unit; it cannot be sold as a plot and plan. The completion of the sectional title unit is a prerequisite for transfer. For a duet, it is important to know that a sectional scheme (which includes all sections, exclusive use areas (EUAs), and common property) needs to be established when a sectional plan is registered at the Registrar of Deeds.

The Sectional Plan is a survey document approved by the Surveyor-General and registered at the Deeds Registry. This Sectional Plan defines the boundaries of all the sections in the scheme, as well as the common property, exclusive use areas, and participation quotas of each section.

To better understand where a duet property fits in, it is important to understand the following concepts that comprise of sectional titles:

The first is a “section”. A section is identified on a sectional plan with a specific number assigned to it and is shown within the boundaries of the said section. The physical part of the sectional scheme which is the separate property of the owner, and it is divided from the common property by the middle line of every wall, ceiling and floor (windows and doors included).

Secondly, a “unit” is a wider concept than a section as it has two components, namely a section as well as an undivided share in common property. Common property refers to all parts of the scheme not pertaining to sections and includes the land on which the buildings are built on. (Driveway, garden. swimming pool and entrance foyer).

The “participation quota” is a percentage that is calculated by dividing the floor area of a specific section by the floor area of all the sections in the building(s). The participation quota is also used to determine the size of an owner’s undivided share in common property, weight of the owner’s vote in general meetings and the ratio in which the owner of a section must contribute to the administrative fund established by the body corporate. When it comes to duet property, the participation quota will be 50/50.

“Exclusive use areas” are defined as a portion of the common property reserved for exclusive use by a specific owner of a section, which is shown on the sectional plan and can additionally be described in the rules set out by the Body Corporate. For example, a parking bay, storeroom, garden, patio or balcony.

“Body Corporates” are essential parts of sectional schemes and are established the moment any person other than the developer becomes an owner.

The Body Corporate is responsible for enforcing the rules set out by said Body Corporate and for the control, management, and administration of the common property to the benefit of all owners. Decisions by the Body Corporate can only be made through voting at a General Meeting. Body Corporates are governed by the Management and Conduct Rules and are obliged to perform their functions under the Sectional Title Schemes Management Act.

The Sectional Title Schemes Management Act requires a Body Corporate to establish and maintain an Administrative Fund to cover the annual operating costs and to establish and maintain a Reserve Fund to cover the cost of future maintenance and future unforeseen circumstances.

Hopefully this has led to some clarification on the topic: “Duet Property.”

Should you need more information, please feel free to comment below or contact any one of our MM Conveyancers.