Important information for South Africans living in estates and complexes

South Africans living in estates and complexes are increasingly facing disputes, financial risk, and neighbour conflict because they don’t understand exclusive-use areas (EUAs), such as gardens, parking bays, and patios.

VDM Incorporated’s Director of Community Schemes and Compliance, Johlene Wasserman, explained that EUAs are among the most misunderstood aspects of sectional title living.

From parking bays to patios, far too many owners assume that traditional use, painted numbers, or a friendly nod from a trustee gives them the right to build, enclose, or claim a piece of common property as their own.

Wasserman cautioned that this is not the case, noting that disputes are arising across complexes and estates in South Africa.

Unfortunately, this confusion is costing owners money, fuelling neighbour conflict, and placing bodies corporate at risk.

“Most problems don’t arise because the law is complicated. They arise because people rely on habit, hearsay, or hope instead of the actual law,” she said.

Wasserman explained that an EUA is a portion of the common property reserved for one owner’s use. It might be a garden, a courtyard, a parking bay, a patio, or a storeroom.

“But here’s the part most people miss – the land remains common property. You don’t own it. You only have the right to use it.”

Under South African law, there are only two recognised mechanisms through which an EUA can exist, she said.

The first is a registered real right under section 27 of the Sectional Title Act or a formal, deeds office–registered property right with commercial value. This right appears on the sectional plan and can be sold, ceded, or bonded.

The second option is a rule-based personal right under section 10 of the Sectional Titles Schemes Management Act created through a rule approved by the Community Schemes Ombud Service (CSOS).

This mechanism is not registered, cannot be bonded, and lasts only as long as the rule remains in force.

“Everything else – painted numbers, ‘we’ve always parked there’, trustee permission, managing agent spreadsheets, sale agreements – creates convenience, but not a legal right,” Wasserman said.

Exclusive-use areas in sectional titles

According to Wasserman, the importance of EUAs in sectional titles boils down to boundaries, fairness, and shared living.

“When someone builds without approval, or claims a space because it’s always been theirs, it affects neighbours, property values, safety, insurance, the body corporate’s legal obligations, and the overall harmony of the community,” she said.

Wasserman explained that exclusive use also does not give someone the right to make alterations to common property.

The Prescribed Management Rule 30(g) states clearly that any improvement, whether it is a pergola, carport or braai, requires body corporate approval by ordinary resolution, unless authority has been formally delegated.

“And if the structure is watertight, enclosed, and increases your floor area, it becomes an extension of your section,” she explained.

“This will require a special resolution and a formally amended sectional plan lodged in the deeds office. Calling it ‘just a little enclosure’ doesn’t change the law.”

However, Wasserman noted that while the body corporate is mandated to maintain all common property, including EUAs, the owner has to reimburse the full cost.

This rule prevents unlawful cross‑subsidisation and helps to protect the financial fairness of the scheme.

Notably, a rule-based EUA can be converted into a registered real right. This must be done through a formal, multi-step legal process that involves surveyors, resolutions, amended plans, registration, and notarial cession.

Until that process is complete, Wasseman said the right remains personal no matter how long the person has used the space.

She added that those buying or selling properties should not assume anything about the EUAs in a sectional title.

“Real Right EUAs must be disclosed and transferred by notarial deed. Rule-based EUAs have to be verified in the CSOS‑approved rules. Sale agreements cannot create exclusive use rights – even if everyone thinks they can,” she said.

The bottom line, Wasserman said, is that EUAs are not informal privileges but tightly regulated legal rights.

“Understanding the difference between use and ownership, and between personal and real rights, isn’t just for trustees, directors, and property professionals,” Wasserman said.

“It’s for anyone who lives in a shared space, values fairness, and wants to avoid costly mistakes. Clarity protects communities. When people understand the law, they make better decisions, and shared living becomes a lot more harmonious.”