Vetting help to buy into a scheme and understand what you own
How to check a sectional title scheme's finances and health, and vet a conveyancer who truly understands sectional title law and obligations.
You've just made an offer on a apartment in a sectional title scheme and realised you need to understand exactly what you're buying into—not just the unit itself, but the building, the management, the levies, and your legal standing within it. A conveyancer's job is to handle the paperwork, but before you hand over documents and money, you need proof that this scheme is sound and that whoever guides you through the transfer actually grasps what sectional title ownership means. Vetting both the scheme and your legal helper takes concrete steps.
Checking the scheme's health and your rights
Start by asking the current owner or agent for the scheme's sectional title deed and the body corporate rules. These aren't optional nice-to-haves—they define your obligations, voting rights, and what the scheme can levy on you. Read them yourself first; don't outsource this to politeness. Look for the scheme's registration number at the Deeds Office, which you can verify through CIPC's online search or by phoning the relevant provincial Deeds Office. This confirms the scheme is legally registered and tells you which version of the scheme rules applies—older schemes may have outdated or missing provisions.
Next, request the body corporate's financial statements for the past two years and the current year's approved budget. These show you whether levies are being spent sensibly, whether there are unresolved disputes or special levies pending, and whether the scheme is solvent or heading for trouble. Ask the managing agent directly: what's the current water and electricity consumption compared to last year, are there any outstanding maintenance items, and has the scheme had to implement load-shedding protocols or emergency repairs recently. Phone the body corporate chairman or secretary—not the agent, who may have a vested interest in downplaying problems. Ask them about the scheme's relationship with the municipality, whether water or rates bills are current, and if there are any legal disputes involving the body corporate itself.
Request a copy of the latest special audit or financial review if one was done. Ask whether the scheme has adequate reserves for major works like roof repairs, facade repainting, or electrical rewiring. Many schemes accumulate too little too slowly, and a conveyancer who doesn't flag this is not protecting your interests.
Vetting your conveyancer on sectional title knowledge
A conveyancer must hold a fidelity fund certificate and be registered with the Law Society of South Africa (LSSA). You can verify this by searching the LSSA's practitioner database online or asking for their registration number. That proves they're legitimate; it doesn't prove they know sectional title.
Ask your conveyancer directly: how many sectional title transfers have you closed in the past year, and what issues did you encounter? A vague answer is a red flag. A solid answer will mention body corporate arrears searches, levy clearance certificates, management rights disputes, or special levies—all the complications that crop up in schemes. Ask them to walk you through your specific scheme's body corporate minutes and financial statements. If they don't want to, or say it's not their concern, find someone else.
Request references from two or three recent clients who transferred into a scheme—not just any property transfer, but specifically sectional title. Call them and ask: Did the conveyancer explain your levy obligations and body corporate rights clearly? Did they flag any scheme problems before you committed? Did they chase the levy clearance certificate proactively, or did it nearly hold up your transfer? Did they follow up on body corporate arrears queries?
Ask your conveyancer to confirm in writing that they will obtain a full levy clearance certificate, verify that all body corporate levies are current, and check for any pending special levies or outstanding maintenance assessments. Ask them to explain their fees upfront and whether there are additional costs if complications arise. A conveyancer who won't commit to this in writing is not the right fit for a scheme transfer.
When you've gathered financial statements, scheme rules, references from existing residents, and identified a conveyancer with proven sectional title experience, you're equipped to move forward with confidence. On Strove, you can find verified conveyancers who specialise in sectional title work and filter by their experience and reviews—a practical shortcut to finding someone you can trust with the detail.
Common questions
- Where can I check if a scheme is properly registered?
- You can verify the scheme's registration number through CIPC's online search tool or by contacting the provincial Deeds Office where the scheme was registered. The scheme rules and sectional title deed should also show this number. A registered conveyancer will pull this as part of their work.
- What financial documents should I ask the body corporate for before buying?
- Request the past two years' financial statements, the current year's approved budget, and the latest special audit or financial review if one exists. Also ask about outstanding maintenance needs, emergency reserves, and any pending special levies. These show whether the scheme is financially stable and what levies may increase in future.
- How do I know if a conveyancer really understands sectional title?
- Ask them how many sectional title transfers they've closed, what complications they've encountered, and request written confirmation that they'll obtain levy clearance certificates and check for body corporate arrears. Ask for references from recent sectional title clients and phone those references to confirm their experience.
- What should I ask existing residents about the scheme before I commit?
- Ask them about load-shedding procedures, service disruptions, any disputes with the body corporate, maintenance backlogs, and whether levies have increased suddenly or special levies have been imposed recently. Their lived experience often reveals problems that financial statements alone won't.
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