Property glossary
Exclusive use area
Also known as: EUA, exclusive use right
A part of the common property in a sectional title scheme reserved for the sole use of a particular owner, such as a parking bay or garden.
Definition
An exclusive use area (EUA) is a portion of common property in a sectional title scheme that a specific owner has the exclusive right to use, even though it remains part of the common property rather than part of their section. Typical examples are parking bays, garages, storerooms, gardens and balconies. The right is tied to the owner's unit and the owner usually pays an additional levy to cover the cost of maintaining or servicing that area.
In the South African context
Exclusive use areas are created either by registered notarial cession under the Sectional Titles Act 95 of 1986 or by rule under the Sectional Titles Schemes Management Act (STSMA, Act 8 of 2011) management or conduct rules. A registered EUA is a real right that transfers with the unit and is reflected on the sectional plan, while a rule-based EUA is governed by the scheme's rules. The body corporate may levy the holder for the actual costs attributable to the area.
Example
An owner holds an exclusive use right over parking bay 12 and a 20 m² garden; the body corporate charges an additional R150 per month exclusive-use levy to cover the garden's share of landscaping costs.
Why it matters
EUAs affect who pays for and maintains parts of the common property and what transfers with a unit, so accurate records prevent levy disputes and ensure rights are correctly conveyed on sale.
Informational only — not legal advice. Confirm specifics against the current Act and your scheme’s rules.
Sources
- Sectional Titles Act — Act 95 of 1986 — exclusive use areas may be created by registered notarial cession as a real right
- STSMA — Sectional Titles Schemes Management Act 8 of 2011 — exclusive use rights may also be conferred by scheme rule, with cost recovery from the holder