Overcrowding and Occupancy Rules in Sectional Title Schemes | 5 Important Considerations
23 June 2023 | Sensorpix Digital Content
Sectional title schemes provide a unique form of property ownership that allows individuals to own and live in a unit within a larger building or complex. While this arrangement offers numerous advantages, such as shared amenities and communal maintenance responsibilities, it also necessitates the establishment of rules to maintain harmony and regulate occupancy within these schemes.
In this article, we will explore the challenges posed by overcrowding in sectional title schemes and the importance of implementing occupancy rules to strike a balance between individual owners' rights and the community's collective welfare
What are the occupancy limits in sectional title schemes in South Africa?
Overcrowding and occupancy limits are essential issues in sectional title schemes in South Africa. These schemes are popular for many residents who want the convenience, safety, and affordability of living in a shared complex with amenities such as pools, gardens and clubhouses. However, overcrowding can lead to safety concerns and a strain on resources and facilities, and can negatively impact the quality of life for residents.
Further, the Sectional Title Schemes Management Act (“the STSMA”) states:
“In terms of Prescribed Management Rule 68(1)(ii) of Annexure 1 of the Regulations to the STSMA, an owner must not contravene, or permit the contravention of, any law, by-law, ordinance, proclamation or statutory regulation, or the conditions of any license, relating to or affecting the occupation of the building or the common property, or the carrying on of business in the building, or so contravene or permit the contravention of the conditions of title applicable to his section or any other section or to his exclusive use area, or any other exclusive use area.”
Further, the City of Cape Town Environmental Health by-law (30 June 2003) defines “overcrowding” to mean:
“(1) a residential occupancy in excess of 12 occupants per sanitary convenience and/or (2) occupancy of habitable rooms (being all rooms in a dwelling excluding kitchens, bathrooms and sanitary conveniences) for sleeping purposes where such occupation exceeds 1 adult person per 4 m² and/or 1 child under 10 years of age per 2 m²”.
Additionally, in terms of the National Building Regulations (the “SABS Code 0400 of 1990”) the number of occupants in a unit is determined by the number of bedrooms, with a maximum of 2 persons permitted per bedroom. An exception for children under the age of 12 months is allowed.
What enforcement measures can sectional title schemes initiate?
Sectional title schemes should strictly enforce these occupancy limits to prevent overcrowding. Enforcement measures may involve requiring residents to disclose the number of occupants in their unit and notifying residents exceeding their occupancy limit in terms of the rules of the scheme. Violations of occupancy limits may result in fines or other legal actions against the owner or tenant.
Overcrowding in sectional title schemes can also lead to safety concerns, particularly in emergencies such as fires or natural disasters. Overcrowding can make it difficult to evacuate all residents safely and quickly, which puts everyone in the scheme at risk. Additionally, an overburdened sewerage system, water supply, and electricity can result in prematurely degrading the amenities and services in the scheme.
Sectional title schemes may need to take additional measures, such as increasing the number of emergency exits, fire extinguishers and smoke detectors and implementing inspection processes to enforce occupancy limits and ensure that residents comply with other safety-related rules and regulations.
Here are my 5 important considerations:
Understanding overcrowding in sectional title schemes
Overcrowding refers to situations where the number of occupants in a unit exceeds the acceptable limit, compromising the safety, comfort, and quality of life for residents and neighbouring units. It can lead to increased strain on resources, parking issues, noise disturbances, and an increased risk of damage to common property. Recognising the potential problems that arise from overcrowding is crucial in establishing effective occupancy rules.
The significance of occupancy rules
Occupancy rules are the backbone of maintaining order and harmony within sectional title schemes. Such regulations aim to ensure that the scheme remains compliant with local building codes, fire safety standards, and any legal requirements while safeguarding all residents' interests. These rules typically address aspects such as the maximum number of occupants per unit, the definition of an occupant, and the necessity for consent or notification when accommodating additional residents. These occupancy rules are usually found in the conduct rules of a scheme. So long as the rule's provisions are reasonable and fairly restrict an owner's use rights in the context of that specific scheme, an overcrowding rule may be created by special resolution.
Balancing Individual rights and collective welfare
One of the challenges in implementing occupancy rules is striking the right balance between individual property rights and the welfare of the collective community. Owners have the freedom to use and enjoy their property within reasonable limits to prevent undue strain on shared resources and the community's overall well-being. Occupancy rules provide a framework for fair and equitable space allocation, ensuring everyone's rights are respected while maintaining a harmonious living environment.
Ensuring effective enforcement of occupancy rules
Developing robust enforcement mechanisms is essential for occupancy rules to be effective. Establishing a straightforward reporting process for suspected overcrowding instances and adequate penalties for non-compliance can act as a deterrent and encourage adherence to the rules. Regular inspections, communication, and education on the importance of compliance can also foster a culture of responsibility among residents.
Adapting to changing circumstances
Occupancy rules should be flexible enough to adapt to changing circumstances. As family dynamics evolve, the needs of residents may vary, and adjustments to occupancy rules might become necessary. Regular review and revision of these rules enable the scheme to respond to the evolving requirements of its residents while maintaining a balanced and harmonious living environment.
In conclusion overcrowding poses a significant challenge to peaceful coexistence within sectional title schemes. By establishing and enforcing effective occupancy rules, schemes can balance individual rights and collective welfare, ensuring a harmonious living environment for all residents. The key lies in recognising the importance of these rules, implementing them fairly, and regularly reviewing and adapting them to meet the community's evolving needs. Through such measures, sectional title schemes can create an atmosphere of shared responsibility, respect, and contentment for everyone involved.
Are you struggling with overcrowding in your scheme? Then please contact us at info@tvdmconsultants.com or 061 536 3138 to see how we can assist you.
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About the Author
Brendon is the founder of Sensorpix Digital Content. He is an avid content creator with more than 20 years in the creative industry. Brendon enjoys telling stories through visual and written communications. Brendon has also been an inhabitant of sectional title schemes for more than 20 years and has developed a comprehensive knowledge of shared housing over this time. Brendon has completed his Bachelors in Communication Science through UNISA and is currently endeavouring to completed an Honours degree in Media Studies