Want to enclose your balcony or patio in a Sectional Title Scheme?
Learn about the rules, permissions, and steps required to expand your living space legally.
Learn about the rules, permissions, and steps required to expand your living space legally.
Can I enclose my balcony or Patio?
Yes, you can enclose your balcony, but you cannot simply start building. You will need permission from the Body Corporate, and the exact legal process depends heavily on whether your balcony is legally part of your section or part of the common property , the effect on the aesthetics of the scheme.
Step 1: Check Your Sectional Title Plans
Before doing anything, you must determine the legal status of your balcony by checking the scheme's Sectional Title Plans.
Step 2: Understand the Approval Process
Step 3: Consider "Bulk" and Local Authority Approval
Even if the Body Corporate says yes, the local municipality might say no. Enclosing a balcony converts a non-habitable space into a habitable area. This impacts the building's "bulk" or "floor area ratio" (FAR), which is a zoning requirement determining how much of the property can be covered by buildings. If the complex has no bulk left, the local authority will reject your building plans.
Step 4: Keep it Harmonious
Any enclosure must conform to the aesthetic appearance of the complex. The change cannot negatively affect the harmonious appearance of the building, as this could drag down the property values for everyone else. Your enclosure must match the approved style, colour, and finish of the scheme.
Yes, you can enclose your balcony, but you cannot simply start building. You will need permission from the Body Corporate, and the exact legal process depends heavily on whether your balcony is legally part of your section or part of the common property , the effect on the aesthetics of the scheme.
Step 1: Check Your Sectional Title Plans
Before doing anything, you must determine the legal status of your balcony by checking the scheme's Sectional Title Plans.
- If it forms part of your section: The balcony will be defined by a solid line on the plans.
- If it does not form part of your section: It is legally common property (even if you have exclusive use rights to it).
Step 2: Understand the Approval Process
- For Balconies or Patio’s Inside Your Section: Enclosing this space does not officially extend your section's boundaries. However, because it changes the exterior appearance of the building, you still cannot proceed without approval. You will need majority approval from the owners (or the Trustees, if the Conduct Rules specifically mandate them to approve such enclosures).
- For Common Property Balconies or Patio’s: Enclosing a common property balcony amounts to an official "extension of a section". This is a rigorous legal process. You will require a Special Resolution (which needs to be passed by at least 75% of the members of the scheme). You will also need to hire a land surveyor to draw up amended Sectional Title Plans and register the extension at the Deeds Office.
Step 3: Consider "Bulk" and Local Authority Approval
Even if the Body Corporate says yes, the local municipality might say no. Enclosing a balcony converts a non-habitable space into a habitable area. This impacts the building's "bulk" or "floor area ratio" (FAR), which is a zoning requirement determining how much of the property can be covered by buildings. If the complex has no bulk left, the local authority will reject your building plans.
Step 4: Keep it Harmonious
Any enclosure must conform to the aesthetic appearance of the complex. The change cannot negatively affect the harmonious appearance of the building, as this could drag down the property values for everyone else. Your enclosure must match the approved style, colour, and finish of the scheme.