SECTIONAL PLAN with reference to the Development Scheme, a plan approved by the Surveyor General in accordance with the Sectional Titles Act.
SECTIONAL PLAN. 14.1 The Purchaser acknowledges that the Sectional Plan has not yet been approved and that the exact boundaries of the Section forming part of the Property shall be those shown on the final approved Sectional Plan will be substantially in accordance with those set out in the Annexures. The undivided share of the Common Property apportioned to the Section shall be in accordance with the Participation Quota, which is ultimately determined in terms of the Act upon approval and registration of the Sectional Plan.
14.2 The Purchaser acknowledges that the extent of the Property on the final Sectional Plan will be measured by the Land Surveyor in accordance with the Act. It is specifically recorded that the extent includes internal walls within the Property and that, as a general rule, the Property boundary extends to the median line contiguous to the adjoining Units and Common Property.
14.3 The Purchaser shall not be entitled to claim cancellation of this Agreement or any reduction in the purchase price by reason of any minor alterations to the size of the Property to that shown on the Plans. For purposes of clarity and good order, a minor alteration in size shall be a decrease in the area of the Property greater than 5% (five per centum). The Purchaser undertakes to accept transfer of the Property as redefined and renumbered in the Sectional Plan approved by the relevant local authority and the Surveyor General.
14.4 The Land Surveyor shall have the sole decision upon whether a deviation referred to in clause 14.3 above is minor and his decision shall be binding upon the parties.
SECTIONAL PLAN. 9.1 The purchaser acknowledges that the sectional plan has not yet been approved and hereby agrees that the exact boundaries of the unit shall be those shown on the final approved sectional plan. The seller/Developer warrants that, subject to 9.3 below, the boundaries will be substantially in accordance with those set out in the annexure “A” and “B” hereto, and that the undivided share of the common property apportioned to the section shall be in accordance with the participation quota determined by the Surveyor-General.
9.2 The purchaser shall not be entitled to claim cancellation of this agreement or any reduction in the purchase price by reason of any alteration to the number, size or location of any section or sections or any increases in their number. The seller/Developer undertakes that any alteration will be made only after due consultation with the architect and with the local authority.
9.3 The seller/Developer undertakes to make every effort to ensure that the units are constructed in accordance with the plans. However, the purchaser shall be obliged to accept the unit without any variation in the purchase price provided the deviation in the size of the unit when complete is no greater than 10 % (ten percent) from that reflected in the plans.
9.4 If the boundaries or the area of the section or any other section or building or the participation quotas differ in minor respects from the boundaries or areas or participation quota shown on the site plan or the number of the section being altered or the undivided share in the common property attaching to the section is altered, the purchaser undertakes to accept transfer of the unit as defined and renumbered in the sectional plan approved by the Surveyor-General.
9.5 The purchaser acknowledges that the plans and specifications as well as the site plan are subject to such changes as the architect, the seller/Developer and the local authority may deem necessary and the purchaser shall have no claim against the seller/Developer in respect of such amendments.
SECTIONAL PLAN. The draft Sectional Plan of the scheme, or particular phases thereof, as the case may be, until such time as the Sectional Plans have been approved by the Surveyor-General, where after same shall be known as the Sectional Title Diagram.
SECTIONAL PLAN. 14.1 The Purchaser acknowledges that the sectional plan has been approved and hereby agrees that the exact boundaries forming a part of the Property shall be those shown on the final approved sectional plan. The Seller warrants that, subject to 14.3 below, the boundaries will be substantially in accordance with those set out in the annexures hereto, and that the undivided share of the common property apportioned to the Section shall be in accordance with the Participation Quota which is ultimately determined in terms of the Act upon approval and registration of the sectional plan.
14.2 The Purchaser shall not be entitled to claim cancellation of this Agreement or any reduction in the Purchase Price by reason of any minor alteration to the number, size location or Participation Quota of any section or sections or any increases in their number. The Seller undertakes that any alteration will be made only after due consultation with the relevant local authority.
14.3 The Purchaser undertakes to accept transfer of the Property as defined and renumbered in the sectional plan approved by the municipality and the surveyor-general and in particular if:
14.3.1 the boundaries or the area of the Section or any other section or building differs in minor respects from the boundaries or areas shown on the Layout Plan annexed hereto; and / or
14.3.2 the number of the Section being altered or the undivided share in the common property attaching to the Section is altered; and / or
14.3.3 the exclusive use area (if applicable) adjoining the Section is altered.
14.4 The Purchaser acknowledges that the property description on the sectional plan may differ from the description in this Agreement.
SECTIONAL PLAN. 5.1 The PURCHASER acknowledges that the Sectional Plan has not yet been approved and that the exact boundaries of the section forming part of the unit shall be those shown on the final approved Sectional Plan. The SELLER undertakes that they will be substantially in accordance with those set out in the annexures hereto. The undivided share of the common property apportioned to the section shall be in 2011/08/01 11 accordance with the participation quota, which is ultimately determined in terms of the Act upon approval and registration of the Sectional Plan.
5.2 The PURCHASER shall not be entitled to claim cancellation of this Agreement or any reduction in the purchase price by reason of any minor alteration to the number, size, location or participation quota of any section, or any increase in their number, to that shown on the plans annexed hereto. The PURCHASER undertakes to accept transfer of the unit as may be re-defined and re-numbered in the Sectional Plan approved by the relevant local authority and the Surveyor General. For purposes of clarity and good order, a minor alteration in size shall be an increase or decrease in the area of the section or unit not greater than 5% (five percent).
5.3 The land surveyor shall have the sole decision upon whether a deviation referred to in clause 5.2 above is minor and his decision shall be binding on the parties.
SECTIONAL PLAN. 5.1. The PURCHASER acknowledges that the Sectional Plan has not yet been approved and that the exact boundaries of the section forming part of the Unit shall be those shown on the final approved Sectional Plan. The SELLER warrants that they will be substantially in accordance with those set out in the annexures hereto. The undivided share of the common property apportioned to the section shall be in accordance with the participation quota which is ultimately determined in terms of the Act upon approval and registration of the Sectional Plan.
5.2. The PURCHASER shall not be entitled to claim cancellation of this Agreement or any reduction in the purchase price by reason of any minor alteration to the number, size, location or participation quota of any section, or any increase in their number, to that shown on the plans annexed hereto. The PURCHASER undertakes to accept transfer of the Unit as may be re-defined and re-numbered in the Sectional Plan approved by the relevant local authority and the Surveyor-General. For purposes of clarity and good order, a minor alteration in size shall be an increase or decrease in the area of the section or Unit not greater than 5% (five per centum).
SECTIONAL PLAN. 9.1 The Purchaser acknowledges that the sectional plan has not yet been approved and hereby agrees that the exact boundaries forming a part of the PROPERTY shall be those shown on the final approved sectional plan.
SECTIONAL PLAN. 10.1 The SELLER intends applying in terms of the provision of the Sectional Titles Act for the opening of the Sectional Title Register in respect of the aforesaid development.
10.2 The PURCHASER acknowledges that the Sectional Plans for this phase have not yet been approved and hereby agrees that the boundaries forming a part of the UNIT, shall be those shown on the final approved Sectional Plan and that the undivided share of the common property apportioned to the Section shall be in accordance with the participation quota which is ultimately determined in terms of the Act, upon approval and registration of the Sectional Plan.
10.3 The PURCHASER shall not be entitled to claim cancellation of this agreement or any reduction in the purchase price by reason of any variations between the plans and the sectional plan as finally registered or any alterations to the number, size, location or participation quota of any section as reflected on the plans.
SECTIONAL PLAN. The Sale shall remain of full force and effect even if it transpires on the preparation and the registration of the Sectional Plan, that there are – divergences between the Participation Quota and that finally determined in terms of the Sectional Plan as registered; or minor divergences between the Section, if any, and those finally specified on the Sectional Plan as registered. The Seller is not liable for any deficiency in the extent of the Section as reflected on the Sectional Plan, nor shall the Seller benefit by any excess. For the purposes of this Agreement a "minor divergence" shall mean a divergence having a variant of not more than 5% (five per cent). The Seller is entitled, at any time prior to the opening of the Sectional Title Register, to make alterations or amendments of whatsoever nature to the Draft Sectional Plan and/or the Architectural Drawings, which are deemed necessary by the Land Surveyor, Architect, Conveyancers or Relevant Authority without prior notice to the Purchaser and the Purchaser has no claim against the Seller arising out of any such alterations or amendments.
