In a world transformed by the COVID-19 pandemic, the boundaries between work and home have blurred beyond recognition. Today, more South Africans than ever before earn their living from within their private residences. Yet, many sectional title schemes continue to enforce rules that prohibit all forms of business activity without distinction.
Is this approach still legally tenable—or practically enforceable? And does it serve the best interests of community living?
This article explores why a total ban on business activities within sectional title schemes is increasingly unreasonable in light of evolving legal standards, municipal planning frameworks, and modern economic realities.
Understanding the Legal Framework
Sectional Titles Schemes Management Act (STSMA) and Conduct Rules
Under the STSMA, schemes must ensure that their conduct rules are reasonable and serve the interests of all stakeholders. The Prescribed Conduct Rules, particularly Rule 5, allow for the reasonable use and enjoyment of one’s section, so long as it does not unreasonably interfere with the rights of others.
A blanket prohibition on all business activity ignores the wide range of benign and low-impact work that can be done from home—such as remote office work, consulting, or tutoring. Such a rule could be challenged as unreasonably restrictive and not aligned with the principles of modern property and administrative law.
Municipal By-Laws and Zoning Laws
Many municipalities, including the City of Johannesburg, have enacted by-laws that recognize the legitimacy of home enterprises and occupational practices in residential zones. These by-laws typically permit home-based business activity subject to the following conditions:
The activity must be conducted by the resident of the property.
It must not involve visible signage, structural alterations, or external staff.
It must not generate additional noise, parking demand, or disturbance.
These provisions highlight a municipal acknowledgment that not all work-from-home activity is disruptive. In fact, many are compatible with residential life.
Constitutional Rights
Sectional title residents remain holders of constitutional rights. These include:
The right to property (Section 25).
The right to freedom of trade, occupation and profession (Section 22).
The right to dignity and economic agency (Section 10).
Any rule that restricts a resident from using their home to earn a living must be justifiable under Section 36 of the Constitution. The measure must be proportionate to the purpose it seeks to achieve. Rules that categorically prohibit all home-based work, regardless of actual impact, may fall short of this constitutional standard.
The New Reality of Home-Based Work
In the post-pandemic era, the home has become a legitimate and necessary site of economic activity. From graphic designers and therapists to online tutors and virtual assistants, many residents conduct quiet, unobtrusive work that involves no physical clients, signage, or noise.
Even domestic employment—such as housekeepers or live-in carers—has gained increased legal visibility under South African labour laws, further affirming that homes are not merely private retreats but also functional workplaces.
To treat all forms of business as nuisances is to ignore this new reality. Such an approach punishes productivity, undermines autonomy, and fails to distinguish between types of work based on their actual impact on others.
Balancing Rights and Responsibilities
Community living requires a balance between the rights of individuals and the collective interest. No one should be forced to tolerate noise, increased traffic, or the transformation of residential property into a commercial hub. Equally, no one should be barred from quietly conducting legitimate work that poses no risk or inconvenience to neighbours.
This is where impact-based regulation becomes essential:
Permit low-impact work-from-home activities.
Restrict or prohibit those that cause demonstrable disruption.
Such an approach ensures that conduct rules remain enforceable, adaptable, and legally defensible. It respects the principle of reasonableness while maintaining communal harmony.
Proposed Business and Work-From-Home Activities Rule:
Permitted Activities
Owners and occupiers may conduct business or work-from-home activities within their section or exclusive use area, provided such activities:
· Do not contravene any applicable municipal by-laws or zoning restrictions.
· Do not result in material disturbance, nuisance, or hazard to other residents or the common property.
· Have limited Client Interaction where low-key and occasional client or customer visits within the unit are permitted, provided that:
o They occur during normal business hours.
o They do not result in additional parking demand, congestion, or noise.
o They do not exceed a frequency or volume that alters the residential character of the property.
Prohibited Business Activities
No Owner or Occupier may conduct business activities that:
· Require the use of common property for operations or storage.
· Involve bulk deliveries, signage, or any external alteration of the unit’s appearance.
· Cause excessive noise, odours, vibration, or risk to safety.
· Are inconsistent with the City’s Land Use Scheme or By-laws for residential properties.
Notification and Oversight
Owners or occupiers conducting business from home must notify the Trustees in writing. Trustees may request details necessary to confirm compliance with this Rule.
Dispute Resolution
Any disputes relating to the application or breach of this Rule shall be addressed through the scheme’s dispute resolution mechanisms and the Trustees shall be entitled to prohibit the business and work from home activities where it is in contravention of
this rule. Where an owner disputes the use of the property is in contravention of this rule and after the Trustees have banned the specific activity which they regard as in contravention of the Rule and owner shall have the right to refer such dispute to the Community Schemes Ombud Service (CSOS) for final determination.
Conclusion
In light of legal, social, and economic realities, it is clear that blanket prohibitions on business activity within sectional title schemes are no longer fit for purpose. A rule that draws a fair line between permissible and impermissible conduct—based on impact rather than category—will better serve both the collective interest and the individual’s rights.
The goal is not to invite disruption, but to embrace flexibility with responsibility. After all, the home has changed. Isn’t it time our rules do too?
SEE LINK TO: Trustee Toolkit: Managing Work-From-Home and Business Activities in Sectional Title Schemes
WRITTEN BY MR WILLIE ROOS, CEO OF STRATAFIN
