South Africans who are working from home in a complex or sectional title could face eviction if their jobs cross the line into running a business from their unit.
These residents need to ensure that they are abiding by the rules and restrictions set up by their body corporate, as well as the Sectional Title Schemes Management Act, so that there’s no room for doubt.
According to Johlene Wasserman, Director of Community Schemes and Compliance at legal firm VDM Incorporated, “quiet” work from home jobs are largely overlooked and tolerated by most bodies corporate.
These work situations, which spiked significantly during the Covid-19 pandemic and the rise of local and global remote work opportunities, are generally inconspicuous and unobtrusive to other residents in a sectional title scheme.
Jobs involving online consulting, writing, design, or administrative tasks often take place wholly inside a unit and do not disturb the general residential environment.
Typically, these kinds of jobs also do not constitute “running a business” from within a complex or sectional title scheme and often get a pass.
However, should work or business operations start bleeding out into common areas or become a nuisance to others, legal issues are bound to arise.
Notably, if residents are running a business that falls outside the approved rules of the scheme, eviction becomes a real possibility.
Citing a recent case heard in South Africa’s High Court in 2024, Wasserman noted that the final ruling resulted in an eviction order for the tenant.
The ruling set a precedent and served as a stark reminder that running a business from home within a sectional title scheme is regulated primarily by the body corporate’s conduct rules.
If it falls outside those rules, matters become legally enforceable.
“The judge ruled that occupation was unlawful under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act, and the respondent’s arguments—about business use and property disputes—didn’t hold up legally,” Wassterman said.
“As long as conduct rules are reasonable, apply equally to all owners, and are subject to approval by the Community Schemes Ombud Service to ensure they’re not undesirable, if you’re running a business without proper legal permission, the court can order you to leave—even if you’ve been there a long time or have personal ties to the place.”
Play by the rules
Even if a business being run out of a sectional title is “quiet”, there are usually tell-tale signs that residents may be flouting the rules. These signs include:
- An increase in foot and vehicle traffic
- Noise complaints
- Monopolising visitor parking
- Routine inspections by trustees
- Casual observations
- An online presence linked to the address
“These are all dead giveaways if you’re running a business in a sectional title complex,” Wassermand said.
Wasserman said bodies corporate should make a clear distinction between working from home and running a business from a unit or property, to avoid confusion.
Most rules will make it clear that a unit or property’s intended use is for residential purposes, and conduct rules should impose restrictions on the nature and scale of home-based businesses.
This is to prevent disturbances and excessive traffic that could affect other residents.
A key example of this is a short-term rental setup like Airbnb. A complex or estate may regulate or prohibit this form of business in it conduct rules. This would have to be adopted via a special resolution.
However, “quiet” work that does not disturb the “residential character” of the scheme could be allowed.
For anyone intending to work from home in a sectional title scheme, Wasserman said they must first:
- Check the body corporate’s conduct rules for any restrictions or prohibitions.
- Understand that conduct rules apply equally to all owners and must be reasonable.
- Realise that owners are responsible for ensuring compliance by tenants or visitors.
- Understand that any amendments to conduct rules require a special resolution and CSOS approval.
- Be aware of the fact that the body corporate may enforce rules and take action against non-compliance.
“While admin-style work is often tolerated in sectional title schemes, anything that disrupts the residential character or breaches scheme rules can be legally – and usually successfully – challenged,” she said.
“Before starting any form of home business within a sectional title scheme, owners are advised to consult the body corporate’s CSOS-approved conduct rules carefully and engage with the trustees where necessary.”
The legal expert said it’s important to follow due process because failure to adhere to these rules not only risks legal action but can also lead to strained relationships within the community.
