Working from Home in Sectional Title Schemes - Legal Boundaries and Risks of Eviction

By Kerri Stewart| SchoemanLaw Inc 

Category: Property Law

The rise of remote work has transformed how South Africans live and do business. What began as a necessity during the COVID-19 pandemic has evolved into a long-term shift, with many homeowners now operating from their living spaces. While the flexibility and cost-saving benefits are undeniable, those living in sectional title schemes must tread carefully. The right to “work from home” is not absolute, and failure to comply with body corporate rules or municipal zoning provisions can lead to fines, and even eviction. 

As highlighted by recent High Court decisions, including Dlamini and Another v Gumede and Others [2024] ZAGPJHC 145, running a business from home in contravention of conduct rules or zoning restrictions may constitute unlawful occupation under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act. The consequences of non-compliance can therefore be severe, reinforcing the importance of understanding and adhering to both planning regulations and sectional title scheme rules. 

Town Planning Restrictions and Zoning Compliance 

Every municipality in South Africa operates under a town planning or land use management scheme that regulates how properties within its jurisdiction may lawfully be used. Most residential properties are zoned for “dwelling” purposes only, with limited exceptions allowing small-scale “home enterprises” or “home occupations.” Typically, such exceptions permit the use of no more than a quarter of a home’s floor area for business purposes, provided that the activity remains unobtrusive and does not generate excessive traffic, noise, or risk. 

For example, the Consolidated Johannesburg Town Planning Scheme 2018 allows certain small-scale, low-impact business activities without requiring rezoning or special consent, provided that such activities remain within specified limits. Where a property’s use falls outside those parameters, the owner must apply for municipal consent or a rezoning. Operating without the appropriate permissions may amount to an unlawful land use. 

Municipalities are empowered to act against such contraventions. Notices may be issued ordering the owner or occupier to cease the unlawful activity, and continued non-compliance can result in a court order compelling closure of the business or even eviction. In addition, the municipality may reclassify the property for rating purposes, dramatically increasing municipal rates and service tariffs. What may begin as a small home enterprise can therefore escalate into a costly and legally complex dispute. 

Sectional Title Rules and Their Interaction with Land Use Laws 

Beyond zoning restrictions, residents of sectional title schemes must also comply with their body corporate’s management and conduct rules, which often prohibit the use of units for business purposes. These rules are enforceable under the Sectional Titles Schemes Management Act (STSMA) and are subject to approval by the Community Schemes Ombud Service (CSOS). 

In Vanilla Street Home Owners Association v Ismail and Another [2014] ZAWCHC 25, the court confirmed that sectional title rules may validly impose stricter limits on the use of property than those set by the applicable municipal town planning scheme. Similarly, in Bonthuys and Others v Scheepers [2007] ZAECHC 68, a unit owner operating a hair salon in contravention of the scheme’s rules was ordered to cease trading, despite having personal circumstances that made the business important to her livelihood. The appeal court emphasised that protecting the collective rights of other owners and preserving the residential character of the scheme outweighed individual convenience. 

These decisions make it clear that conduct rules can lawfully restrict or even prohibit business activity within a sectional title scheme, even where municipal zoning might otherwise allow it. Trustees and managing agents are therefore entitled, and indeed obliged, to enforce compliance in the interests of the broader community. 

Distinguishing Remote Work from Running a Business 

Not all work-from-home activities are treated equally. The distinction between remote employment and operating a business from a unit lies primarily in the nature and scale of the activity. Quiet, computer-based work such as consulting, writing, design, or administrative tasks generally poses no disturbance to other residents and does not alter the residential character of the scheme. These forms of work are usually tolerated, provided that they do not create excessive traffic, noise, or public exposure. 

By contrast, any activity that draws regular visitors or clients to the premises, increases foot or vehicle traffic, monopolises visitor parking, or involves deliveries and signage may cross the line into a prohibited business operation. Trustees are entitled to monitor such activities, and clear indicators, such as an online business presence linked to the address or complaints from neighbours, can prompt investigation and enforcement action. 

Enforcement, Fines, and Legal Remedies 

When trustees suspect a breach of the conduct rules, they must follow due process. Typically, a written notice is sent to the owner or occupier, requiring that the unlawful activity cease. If the breach persists, and the scheme’s rules authorise it, fines may be imposed. Where fines are not provided for, the trustees must apply to court for an order compelling compliance. 

Courts have consistently upheld such enforcement actions, particularly where the offending conduct undermines the collective enjoyment of common property or alters the residential nature of the complex. Owners found in violation may also be held liable for the legal costs incurred by the body corporate in seeking the order. 

Practical Guidance for Residents 

For residents and owners, compliance begins with due diligence. Before commencing any form of work or business from home, review the scheme’s CSOS-approved conduct rules and confirm whether the activity is permissible. If amendments are necessary to accommodate certain forms of work, they must be adopted by special resolution and approved by CSOS before taking effect. 

Importantly, owners remain responsible for ensuring that tenants or occupants comply with the scheme’s rules. A failure by a tenant to adhere to them can expose the owner to liability, including fines or litigation. 

Conclusion 

Working from home may offer flexibility and opportunity, but in sectional title schemes, it also carries legal obligations. South African courts have repeatedly confirmed that conduct rules are enforceable, even when they impose stricter limitations than municipal zoning schemes. What may appear to be a harmless home business can, if mismanaged, lead to eviction, financial penalties, and reputational damage. 

Before converting your living space into a workplace, ensure that you understand both your local zoning provisions and your sectional title scheme’s rules. Seek professional advice where necessary, and engage constructively with trustees to avoid disputes. Ultimately, compliance protects not only your legal position but also the harmony and value of the community you live in. 

SchoemanLaw Inc. advises body corporates, trustees, and owners on compliance with the Sectional Titles Schemes Management Act, CSOS regulations, and related zoning provisions. Contact our Property Law team for expert assistance in ensuring that your home-based work or business operates within the bounds of the law. 

https://schoemanlaw.co.za/our-services/conveyancing-and-property-law/   

Kerri Stewart | SchoemanLaw Inc Attorney | Property Law