Published: 3 June 2026

Exclusive Use Areas (EUAs) are one of the most misunderstood aspects of sectional title living. Many owners believe that because they have exclusive use of an area, they own it. Others assume they can make alterations as they please. Both assumptions can lead to disputes, costly mistakes, and governance challenges.
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Understanding what an Exclusive Use Area is, how it is created, who is responsible for its maintenance, and what approvals are required for alterations can help owners and Trustees avoid unnecessary conflict and ensure compliance with the law.

What is an Exclusive Area?

An Exclusive Use Area (EUA) is a portion of the common property that has been allocated for the exclusive use of one or more owners.
Importantly, an EUA remains part of the common property. The owner does not own the area itself but enjoys the exclusive right to use it.

Common examples of Exclusive Use Areas include:

• Gardens
• Parking bays
• Patios
• Storerooms
• Staff quarters

The allocation of an EUA may be reflected on the sectional title plans or created through the rules of the scheme. 

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Key Principles of Exclusive Use Areas

There are several important principles that apply to all EUAs:

• An EUA remains common property.
• The holder has a right of exclusive use, not ownership.
• Other owners lose the right to use the allocated area.
• Private access alone does not automatically create an EUA.
• Incorrectly created or allocated EUAs can result in disputes and expensive corrective processes.

 

The Two Types of Exclusive Use Areas

1. Registered Exclusive Use Areas (Plan-Created EUAs)

These EUAs are created and registered on the sectional title plan and constitute real rights.

Characteristics include:

• Reflected on the sectional title plans.
• Created by the developer or by unanimous resolution of owners.
• Registered in the Deeds Office.
• Can be bought, sold, ceded, bonded, or leased.
• Require a land surveyor and legal registration process.
• Offer a high level of security to the holder.

Because they are registered rights, they cannot simply be amended or removed through a change to the scheme rules.

2. Rule-Created Exclusive Use Areas

These EUAs are established through the management or conduct rules of the scheme.

Characteristics include:

• Created by the developer or by resolution of the Body Corporate.
• Registered as part of the scheme rules.
• Less expensive and simpler to create.
• Require a layout plan, allocation schedule, numbering, and identification of purpose.
• Constitute personal rights rather than real rights.
• Transfer automatically with the section to which they are allocated.

Rule-created EUAs are commonly used for gardens, parking bays, and other areas where a simpler allocation process is preferred.


Can Exclusive Use Areas Be Transferred?

The answer depends on the type of EUA.

Registered (Plan-Created) EUAs

These rights may:

• Be sold between owners.
• Be transferred through a notarial deed of cession.
• Be leased to another owner.
• Be cancelled through a notarial deed of cancellation, subject to the required approvals.

Rule-Created EUAs

These rights:

• Transfer automatically when ownership of the associated unit changes.
• May be leased where permitted.
• Can generally only be reallocated through an amendment of the rules.
• May be removed if the rule creating the EUA is lawfully amended or deleted.

Maintenance Responsibilities

Because EUAs remain common property, maintenance responsibilities can sometimes create confusion.

The Body Corporate's Role

Unless the rules provide otherwise, the Body Corporate remains responsible for maintaining and repairing common property.
The Body Corporate may, however, recover EUA-related expenses from the holder of the exclusive use right. These expenses may include:

• Maintenance and repairs
• Insurance costs
• Rates and taxes
• Water and electricity provision

The Owner's Role

Owners are generally expected to:

• Keep the area neat and clean.
• Comply with the scheme rules.
• Maintain the area where the rules place this responsibility on them.
• Allow access for inspections and maintenance of common services.
• Use the area only for its intended purpose.
• Avoid causing a nuisance or inconvenience to other residents.
• Comply with municipal by-laws and legal requirements.

It is important to note that EUA contributions are separate from ordinary levies and are not calculated according to participation quota.

Improvements and Alterations to Exclusive Use Areas

A common misconception is that owners may freely alter an EUA because they have exclusive use of it.

This is not the case.

Owners may only make improvements to an Exclusive Use Area allocated to them and must obtain the required approval before proceeding.

Examples of improvements may include:

• Braai areas
• Swimming pools
• Carports
• Other structures erected within the EUA

An ordinary resolution of the owners (majority approval) is generally required for improvements to an EUA.

The Body Corporate may impose reasonable conditions when granting approval, including:

• Design requirements
• Colour schemes
• Building specifications
• Compliance with municipal regulations

These conditions may be withdrawn if the owner breaches them.

Importantly, an improvement may not result in:

• An extension of a section; or
• The creation of an additional section.

Best Practice for Managing EUA Alterations

One of the most effective ways to manage alterations is for schemes to adopt clear conduct rules regulating improvements within Exclusive Use Areas.

Such rules should:

• Specify which alterations are permitted.
• Set out design and aesthetic requirements.
• Prescribe colours, materials, and specifications.
• Authorise Trustees to oversee the approval process.
• Ensure compliance with municipal requirements.

This approach promotes consistency throughout the scheme and reduces disputes between owners and Trustees.

The Appearance Rule

Even relatively minor changes can impact the appearance and value of a sectional title scheme.

Conduct Rule 5 allows Trustees to approve minor exterior changes to sections and Exclusive Use Areas, provided the changes:

• Are minor in nature; and
• Do not negatively affect the appearance of the scheme.

Examples of alterations that often require approval include:

• Awnings
• Shade cloth
• Gates
• Satellite dishes
• Changes to doors and windows

The purpose of the rule is to preserve the visual harmony and aesthetic consistency of the scheme.


Common Mistakes Owners and Trustees Make

Many disputes arise because owners or Trustees incorrectly assume that an EUA can be treated as private property.

Common mistakes include:

• Erecting structures without approval.
• Installing Wendy houses or carports without obtaining the required resolution.
• Assuming exclusive use means ownership.
• Ignoring municipal building requirements.
• Failing to comply with scheme rules governing appearance and alterations.

Before any alteration is undertaken, owners should ensure that all required approvals have been obtained from both the Body Corporate and the relevant local authority where applicable.


Final Thoughts

Exclusive Use Areas provide owners with the benefit of private use while preserving the collective ownership structure that lies at the heart of sectional title living. Understanding the distinction between ownership and exclusive use is essential for both owners and Trustees.

When properly managed, EUAs add value and convenience to a scheme. However, when alterations are undertaken without the correct approvals or maintenance responsibilities are misunderstood, disputes can quickly arise.

The key principle remains simple: an Exclusive Use Area is still common property, and any use, maintenance, or improvement must be exercised within the framework of the scheme's rules and applicable legislation.

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