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Renovating an apartment? What to know from a legal perspective.

Apr 1, 2026

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You’re an avid property investor and have bought, renovated and sold a few houses before – but this time you’ve found an old apartment with beautiful views and space to build a loft into, which would increase the square meterage and the value, so now you have yourself a new project. I mean, how different could it possibly be? Well, there are various factors to consider, actually.

  • The Body Corporate Approval
  • The City of Cape Town Plans
  • Surveyor General Approval of Plans of extension
  • Deeds Office Registration of Extension of Section
  1. The Body Corporate Approval

The first step is to consult the Body Corporate Rules and acquaint oneself with any building specific policies, for example, damage deposits or working hours etc. Next would be to notify the trustees of the Body Corporate of your intention of upcoming works by submitting your application together with supporting documents eg. Architect drawings or any structural reports, exhibiting the extent of the intended renovations.

Crucial Note: If you are extending the floor space (like adding that loft), you must obtain a Special Resolution from the Body Corporate. This requires a specific majority of owners to agree, either at a general meeting or via a formal “round robin” written procedure.

  1. The City of Cape Town/Municipal Plans

An Architect/ Draftsperson will need to finalise, and submit plans, to the Municipality for approval. Some minor works do not require approval for eg. Replacement of windows/doors provided the existing frames aren’t load bearing, and that openings aren’t enlarged, however most will require approval.

  1. Surveyor General Approval of Plans of extension

If your renovation increases the square meterage—whether by adding a loft or enclosing a balcony—your original sectional plan is no longer accurate. A land surveyor must be appointed to draw up a Sectional Plan of Extension. This is then submitted to the Surveyor General for approval, supported by the Body Corporate’s Special Resolution.

  1. Deeds Office Registration of Extension of Section

Once the Sectional Plan is approved by the Surveyor General it must be registered at the Deeds Office by a Conveyancer. This is an application signed by the owner, together with the approved amended Sectional Plan of Extension in duplicate, any bonds over the property, the title deed, rates clearance and Transfer Duty receipt. 

A Word of Caution: If your extension causes a deviation of more than 10% in the participation quota (PQ) of any section in the scheme, you are legally required to get the consent of the bondholders of every unit in the entire building.

In conclusion this is a wonderful opportunity but there is required planning to make sure all the rules and legislation is complied with and you remain on good terms with the neighbours. Should you need more detailed information on the above process don’t hesitate to contact us for advice.

 

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