Living in a sectional title complex is great, but it can get confusing when something breaks. Who’s responsible — you or the body corporate? Here’s the simple breakdown:
The 2 main types of property in a scheme
- Your Section
- This is your unit as shown on the sectional plan
- Think: the airspace inside the walls, floors and ceilings of your unit
- You are responsible for maintaining and repairing everything inside your section
- Common Property
- This is everything else in the scheme
- Includes: the land, gardens, driveways, exterior walls, roofs, and the ground/foundations under your unit
- The body corporate is responsible for keeping this in a good, working state
So, who fixes foundations and boundary walls?
- Foundations + soil underneath your unit
- The law says the boundary between your section and common property is the median line of the floor, wall or ceiling
- In plain English: the outside of your unit, including foundations and the ground below, is common property
- The body corporate must maintain and repair it, not you
- Boundary walls
- If the wall is on common property or forms part of the scheme’s perimeter, it’s usually the body corporate’s job
- If it’s inside your section or part of an Exclusive Use Area with special rules, check your scheme’s rules first
What about Exclusive Use Areas?
- These are parts of common property that only you can use — like a garden, patio or garage
- Even though it’s common property, your scheme’s rules can say you must maintain it
- Always check your Conduct Rules + the 10-year maintenance plan for this
Quick tips to avoid disputes
- Ask for the sectional plan to see exactly where your section starts and stops
- Check your scheme’s rules for anything about EUAs or special maintenance duties
- Report issues early to trustees in writing so the body corporate can act
Source: https://pierrerousseau.co.za/who-fixes-what-foundations-boundary-walls-in-a-sectional-title-scheme/
Just a quick note: This is meant as general guidance, not legal advice. We’ve tried to make sure everything here is correct, but every scheme is different. For advice tailored to you, please reach out to your legal advisor.
