When home becomes HQ: The legal limits in Sectional Title

• Business activity triggers complaints, surveillance, and legal action fast
• Conduct rules are enforceable, eviction is a real, recent outcome
• Remote work ≠ running a business scale, traffic and conduct matter

The Background - Sectional title rules aren’t “guidelines”

‍Sectional title schemes exist to protect shared living enjoyment and trustees must enforce conduct rules.

These rules are legally binding, approved by the Community Schemes Ombud Service (CSOS), and enforceable in court, with each owner responsible for their tenants’ conduct.‍

Running a business from home - how you get exposed

Foot traffic. Cars coming and going. Courier deliveries. Client visits. Visitor parking being occupied daily. Even your online business address.

You will get spotted.

And the consequences are not theoretical.

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“Rules aren’t obstacles, they are enforceable,” says Johlene Wasserman, Director of Community Schemes & Compliance at VDM Incorporated. “Courts can issue fines and eviction orders for unauthorised business use.”

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In Dlamini v Gumede & Others (High Court, 2024) a tenant was evicted under the PIE Act for operating a business from inside a sectional title unit without lawful permission.

Remote work vs home business

‍Remote digital work, writing, consulting, admin that doesn’t create traffic or disturbance is usually tolerated.

Commercial use that alters the residential character especially anything generating footfall, short-term rentals, stock movement, or client visits is regulated and often prohibited unless approved by special resolution and CSOS.

How to stay legal

‍Before you start trading from your lounge:

• Read your CSOS-approved conduct rules, word for word
• Confirm whether business use is allowed, don’t assume
• Get trustee engagement upfront
• Know that rule changes require a special resolution

Because ignoring the rules is not a “maybe a warning” situation, it’s a potential High Court matter.

South Africa’s economic squeeze means side-hustles are popping up everywhere in complexes, but trustees are watching and the courts have ruled.

In sectional title, you don’t get to redefine residential use.

Do it openly. Do it with trustee consent. Do it through CSOS-compliant rules. That’s the only version that’s legal and sustainable, behind closed doors.

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