Understanding liability for pipes within sectional title schemes can be challenging, with exceptions and provisions in the Sectional Title Schemes Management Act (“STSMA”) complicating maintenance, repair and replacement scenarios. In this article, we aim to clarify this often-misunderstood area of sectional title law by examining the exceptions to the general rules and providing guidance on liability for pipes within schemes.

Pipes within Sections

Typically, owners are responsible for maintenance, repairs and replacements of their section, including water pipes, as stated in section 13(1)(c) of the STSMA.

However, an exception arises when a pipe within a section serves other parts of the scheme or multiple sections. Section 3(1)(r) of the STSMA makes the body corporate liable for maintaining, repairing and replacing such pipes.

To determine liability for a pipe defect within a section, it's important to assess whether the pipe exclusively serves that section or has a broader purpose.

Common Property Pipes Serving a Single Section

The misconception that the "user pays" principle applies to common property pipes serving only one section is unfounded. According to section 3(1)(l) of the STSMA, the body corporate has a statutory duty to repair and maintain all common property, including common property pipes. Even if a pipe exclusively serves a single section, this responsibility remains with the body corporate. Section 3(1)(r) specifically states that the body corporate is responsible for pipes that exist on the land "in favor of one section over the common property." Therefore, the body corporate is legally obliged to cover the costs of maintenance, repairs, or replacements for such pipes located on the common property.

Pipes in and under Exclusive Use Areas

Determining responsibility for a pipe located on or beneath an exclusive use area requires understanding the legal nature of exclusive use areas. Exclusive use areas are co-owned common property where specific owners hold exclusive rights to use defined areas, excluding other co-owners. While section 3(1)(l) of the STSMA assigns the body corporate the operational responsibility for maintaining and repairing all common property, including exclusive use areas, the proviso to section 3(1)(c) of the STSMA requires the holders of exclusive use rights to bear the associated costs.

To determine liability, two primary inquiries must be made:

• Boundaries of the Exclusive Use Area: Understanding the precise boundaries of the exclusive use area is essential in determining the nature of the property where the defect occurs.

• Designated Purpose of the Exclusive Use Area: The purpose of the exclusive use area guides financial responsibility. If the defect falls within the exclusive use area and aligns with its designated purpose, the exclusive use right holder bears financial responsibility. However, careful examination is required to assess whether the pipe's purpose aligns with the exclusive use area's function

For instance, consider a scenario where a unit owner holds exclusive use rights to a parking bay in a sectional title scheme, and a water pipe runs over the parking bay without benefiting or serving it. In this case, although the holder of exclusive use rights is responsible for the associated costs, there may be an argument that the body corporate should assume operational and financial responsibility. This is because the pipe primarily serves the scheme rather than the exclusive use area.

Given the diverse nature of exclusive use areas, financial responsibility for pipes can vary. Factors such as the boundaries, the purpose, and the interconnectedness of exclusive use areas contribute to the complexity of these cases.

Conclusion

Navigating liability for pipes in South African sectional title schemes requires a clear and thorough understanding of the STSMA and its exceptions. While owners are generally responsible for repairs within their sections, exceptions arise when pipes serve multiple sections or the common property. Exclusive use areas add complexity, with financial responsibility divided between the body corporate and exclusive use right holders. By clarifying these nuanced aspects, owners, trustees, and managing agents can better navigate maintenance, repair, and replacement issues within sectional title schemes.

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