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.

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