Special levies are extra once-off or temporary charges raised by a body corporate or homeowners’ association when the normal monthly levies are not enough to cover a particular expense.

In plain language:
Your usual levy covers day-to-day running costs like security, gardening, insurance, maintenance, and admin. A special levy is charged when there is an unexpected shortfall or a big cost that wasn’t fully budgeted for, such as:

  • major repairs to the roof, lifts, or common property

  • painting or waterproofing

  • emergency plumbing or structural work

  • legal costs or insurance excess shortfalls

  • reserve fund or maintenance gaps

A few important points:
A special levy is usually additional to your normal monthly levy, not a replacement for it. It may be payable in one amount or spread over a few months. In sectional title schemes, liability often depends on who owns the unit when the levy is raised, unless the sale agreement deals with it differently.

In South Africa, responsibility for special levies in a property sale (especially sectional title) is guided by the Sectional Titles Schemes Management Act (STSMA) and established conveyancing practice.

Here’s the clean, practical breakdown:

The Core Rule (Legal Position)

The seller remains responsible for all levies (including special levies) up to the date of transfer.

  • The body corporate will not issue a levy clearance certificate (required to transfer) unless all amounts due by the seller are paid in full.

  • This includes:

    • normal levies

    • special levies

    • penalties or arrears

This requirement is enforced under the STSMA and is standard conveyancing practice in South Africa.

But… It Depends on the Sale Agreement

This is where things get more nuanced (and where most disputes happens)

1. If a special levy is raised before transfer

  • Legally: the seller must settle it to get clearance

  • But: the sale agreement can shift the cost to the buyer

Common clauses:

  • Buyer reimburses seller after transfer

  • Buyer takes over future instalments of the special levy

2. If a special levy is raised after transfer

  • The buyer is responsible, because they are now the owner

3. If the levy is approved before transfer but payable later

This is the tricky grey area:

  • Many agreements specify:

    • If the levy was approved before transfer → seller pays

    • If approved after → buyer pays

This is why attorneys always recommend clearly defining this in the Offer to Purchase