Can You Legally Convert Your Garage into a Living Space? Here’s What You Need to Know

By Auren Freitas dos Santos

With urban spaces becoming increasingly crowded, homeowners are constantly looking for ways to maximise their living areas. One common idea in sectional title schemes is converting a garage into an extra bedroom, office, or even a rental unit. But is it legal? And what are the implications for the broader community?

The Legal Reality: It’s Not That Simple

Before you start sketching floor plans and picking out furniture, it’s important to understand that garage conversions aren’t just a matter of knocking down walls and installing carpets. They come with legal and logistical challenges that must be carefully navigated.

In sectional title schemes, the usage of each section is defined by registered sectional plans, building plans and local zoning laws. According to Section 13(1)(g) of the Sectional Titles Schemes Management Act, a section or an exclusive use area must be used for its designated purpose—unless all owners in the scheme unanimously agree to a change.

This rule exists to prevent disruptions to the scheme’s functionality and to protect the rights of all owners.

In the case of Mineur v Baydunes Body Corporate and Others, the High Court reinforced the importance of Section 13(1)(g). The High Court ruled that converting a garage into a living space could:

1. Reduce available parking, leading to congestion.
2. Negatively impact other owners’ enjoyment of the common property.
3. Set a precedent that, if followed by multiple owners, could drastically alter the scheme’s character.

For these reasons, the court found that such conversions cannot happen without the unanimous consent of all owners.

How to Seek Approval for a Garage Conversion

If you’re serious about converting your garage into a living space, we recommend that you take the following steps:

1. Start by checking your municipal zoning requirements – Confirm with the local authority whether the scheme will still meet the minimum off-street parking requirements if your garage is converted into a living space.
2. Carry out an impact assessment – Consult a professional to determine if and how the change might affect parking, aesthetics, and property values in the scheme.
3. Notify the body corporate – Submit a formal request to the trustees detailing your proposed conversion, including your findings regarding the municipal parking requirements and the impact assessment.
4. Request unanimous consent – Ask the trustees to submit a written request to all owners for their consent to approve the conversion, with a reasonable response period (typically 30 days).
5. Update plans – If unanimous approval is granted, revised building plans must be submitted to the municipality for final approval and updated sectional plans must be registered.

What If Consent Is Denied?

If your request is rejected and you believe the decision is unfair, you may escalate the matter to the Community Schemes Ombud Service (CSOS). CSOS has the power to review the matter and, in some cases, override an unreasonable refusal.

Bottom Line: Follow the Rules to Avoid Legal Trouble

While the idea of converting a garage into a functional living space is tempting, it’s not a decision you can make alone. Rules exist to protect the integrity of sectional title schemes, ensure fair use of common property, and maintain harmony among residents.

If you’re considering a conversion—or if you’re a trustee dealing with unauthorised changes—reach out to us at info@theadvisory.co.za for expert guidance and a no-obligation quote.

Specialist Community Scheme Attorney (LLB, LLM), Auren Freitas dos Santos, is a Director of The Advisory, a boutique consultancy specialising exclusively in community schemes law. Reach out to him at info@theadvisory.co.za should you require any assistance with advice around the legalities of any type of renovations in your sectional title scheme.