In order to legally extend a section, there are two crucial parts:

1) obtaining the necessary approval/permission;

2) building and registering the extension.

Your first step would be to approach a land surveyor or architect who can assist you by confirming whether the municipality will approve your proposed extension before you proceed with the entire process just to find out that the municipality rejects your application.

Once this has been established the next important step would be to get the proposed extension approved by the Body Corporate. This can be done by way of passing a special resolution at a special general meeting or in writing via a round-robin. The special resolution should also contain a provision for an amount payable as compensation for the use of the parts of common property upon which the section is proposed to be extended.

If a special general meeting is the preferred option to have your request approved, it will require the special resolution to be tabled for discussion and must be sent to all the members of the scheme 30 days prior to the meeting. A quorum must be present for the meeting to proceed and 75% of members, present or represented at the meeting, must vote in favour of the resolution. The votes are calculated both in value and number.

A round-robin will require at least 75% of all members of the scheme to vote in favour of the resolution in order for it to be passed. The votes are calculated both in value and number.

If the special resolution is not passed at either the Special General Meeting or via round-robin, you may approach the Community Schemes Ombud Service for assistance.