Balconies In Sectional Title Complexes
Under South African sectional title law, balconies are considered common property, but with an important nuance:
Legal Position
Common property by default:
In the Sectional Titles Schemes Management Act (STSMA), anything outside the median line of the walls, floors, and ceilings of a section (unit) is deemed common property. This includes external walls, roofs, and balconies.
Balcony exclusive use rights:
Individual owners have them as exclusive-use areas, even though they are common property. This means the owner has the right to use them, but the body corporate retains ownership.
Balcony maintenance responsibility:
Unless the scheme rules specify otherwise, the body corporate is responsible for maintaining common property. However, the owner may be responsible for the maintenance costs.
Practical Implications
Repairs:
Structural repairs (waterproofing, slab integrity, railing safety) are usually the body corporate’s responsibility.
Upkeep of balconies:
Day‑to‑day cleaning and minor maintenance (painting, keeping drains clear, preventing damage) often falls to the owner.
Disputes:
If balconies are deteriorating (e.g., water ingress, corrosion), trustees must act, but owners may be levied for costs if exclusive use applies.
Recommendations for Trustees
Check the balconies on the sectional plan:
Confirm whether they are marked as part of the section or as common property with exclusive use rights.
Review conduct and management rules:
The management rules may shift maintenance obligations to the exclusive use owners.
Document responsibilities:
Clarify in AGM reports who pays for what, especially for waterproofing and structural repairs.
Key Takeaways
- Under South African law, balconies are common property, but owners have exclusive-use rights.
- The body corporate generally maintains balconies, but individual owners might bear maintenance costs.
- For repairs, the body corporate handles structural issues, while owners manage day-to-day upkeep.
- Trustees should verify the balconies’ status, review the rules, and document responsibility for maintenance and repairs.
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