Published: 20 April 2026
When water starts dripping into a section from above (or from next door), the immediate question is:
Who is responsible, and what should be done next?
This article explains the legal position, responsibilities, and the practical process to follow.
Who is responsible, and what should be done next?
This article explains the legal position, responsibilities, and the practical process to follow.
Understanding the Legal Position
In terms of the legislation responsibility is determined by where the leak originates.
As per the Sectional Titles Act 95 of 1986 (amended by Act 13 of 2022) the common boundary between any section and another section or common property is the median line of the dividing floor, wall or ceiling.
5 (4) The common boundary between any section and another section or common property shall be the median line of the dividing floor, wall or ceiling, as the case may be.
(5) For the purposes of subsection (3) (d) the boundaries of a section shall be defined-
(a)by reference to the floors, walls and ceilings thereof, or as may be prescribed: Provided that any window, door or other structure which divides a section from another section or from common property, shall be considered to form part of such floor, wall or ceiling; and
(b)in respect of a part of a section (such as a stoep, porch, balcony, atrium or projection) of which the boundaries cannot be defined in terms of paragraph (a) but being appurtenant to a part of that section which can be defined in terms of that paragraph, in the manner prescribed.
The key concept is the “median (middle) line”, which defines the boundary between sections.
Importantly, there is no common property between stacked units
Who Is Responsible for the Leak?
1. If the Leak Originates Inside a Section
The owner of that section is responsible, even if:
Common examples include:
2. If the Leak Comes from Common Property or from a pipe that serves multiple sections
The Body Corporate is responsible for:
3. What About the Damage?
There is an important distinction:
However:
The affected owner may claim the reasonable cost of damages from the owner of the section from which the leak originated, whether the issue was known or not.
4. Insurance Considerations
In most cases:
5. Access to Units
In terms of the Sectional Titles Schemes Management Act (Act 8 of 2011) section 13 – Duties of Owners.
Owners are required to:
This ensures that issues affecting multiple units can be resolved efficiently.
13. Duties of owners
(1) An owner must--
(a) permit any person authorised in writing by the body corporate, during reasonable hours and on notice (except in case of emergency, when no notice is required), to enter his or her section or exclusive use area for the purposes of inspecting it and maintaining, repairing or renewing pipes, wires, cables and ducts existing in the section and capable of being used in connection with the enjoyment of any other section or common property, or for the purpose of ensuring that this Act and the rules are being observed.
6. Does the Body Corporate Get Involved?
Generally: No – there is no obligation to manage leaks between sections
Where a leak is:
It is primarily a matter between the two owners
However, the Body Corporate Can Intervene
Under the prescribed management rules “owners’ obligation” to maintain the Body Corporate may step in if:
In such cases:
31. Obligation to maintain
(1) Notwithstanding that a water-heating installation forms part of the common property and is insured by the body corporate, a member must maintain, repair and, when necessary, replace such an installation which serves that member's section or exclusive use area; provided that where such an installation serves sections owned or exclusive use areas held by more than one member, the members concerned must share the maintenance, repair and replacement costs on a pro-rata basis.
(2) If despite written demand by the body corporate, a member refuses or fails to -
(a) carry out work in respect of that member's section ordered by a competent authority as required by section 13(1)(b) of the Act; or
(b) repair or maintain a section owned by that member in a state of good repair as required by section 13(1)(c) of the Act; and that failure threatens the stability of the common property, the safety of the building or otherwise materially prejudices the interests of the body corporate, its members or the occupiers of sections generally, the body corporate must remedy the member's failure and recover the reasonable cost of doing so from that member; provided that in the case of an emergency, no demand or notice need be given to the member concerned.
7. The Practical Process to Follow
When a leak between units is reported, the typical process is:
Step 1: Report the Issue
Step 2: Identify the Source
Step 3: Notify the Responsible Owner
Step 4: Insurance Claim
Step 5: Follow-Up
Step 6: If the Owner Fails to Act
Options include:
Dispute applications can be lodged via the CSOS Connect platform
8. In Simple Terms
Final Thought
Leaks between units can quickly become stressful and contentious.
Understanding the legal framework and correct process helps ensure:
✔ Faster resolution
✔ Fair allocation of costs
✔ Minimal disruption to residents
In terms of the legislation responsibility is determined by where the leak originates.
As per the Sectional Titles Act 95 of 1986 (amended by Act 13 of 2022) the common boundary between any section and another section or common property is the median line of the dividing floor, wall or ceiling.
5 (4) The common boundary between any section and another section or common property shall be the median line of the dividing floor, wall or ceiling, as the case may be.
(5) For the purposes of subsection (3) (d) the boundaries of a section shall be defined-
(a)by reference to the floors, walls and ceilings thereof, or as may be prescribed: Provided that any window, door or other structure which divides a section from another section or from common property, shall be considered to form part of such floor, wall or ceiling; and
(b)in respect of a part of a section (such as a stoep, porch, balcony, atrium or projection) of which the boundaries cannot be defined in terms of paragraph (a) but being appurtenant to a part of that section which can be defined in terms of that paragraph, in the manner prescribed.
The key concept is the “median (middle) line”, which defines the boundary between sections.
- The boundary is the midpoint within walls, floors, and ceilings
- The boundary is not the visible surface
- This means:
- The upper owner is responsible for their floor (to the midpoint)
- The lower owner is responsible for their ceiling
Importantly, there is no common property between stacked units
Who Is Responsible for the Leak?
1. If the Leak Originates Inside a Section
The owner of that section is responsible, even if:
- The repair requires access through common property
- The damage affects another unit
Common examples include:
- Leaking showers
- Washing machine overflows
- Faulty bath or drain connections
2. If the Leak Comes from Common Property or from a pipe that serves multiple sections
The Body Corporate is responsible for:
- Repairs to the source of the leak
- Maintenance of common property infrastructure
3. What About the Damage?
There is an important distinction:
- Fixing the leak (source) → depends on where it originates
- Fixing the damage (result) → each owner initially fixes their own damage
However:
The affected owner may claim the reasonable cost of damages from the owner of the section from which the leak originated, whether the issue was known or not.
4. Insurance Considerations
In most cases:
- The affected owner should submit an insurance claim for damages as soon as they become aware of the issue; however, insurers will typically require proof that the source of the leak has been repaired before the claim is considered.
- The responsible party can be held liable for the excess
5. Access to Units
In terms of the Sectional Titles Schemes Management Act (Act 8 of 2011) section 13 – Duties of Owners.
Owners are required to:
- Allow access to authorised person/s to their section or exclusive use area for inspections and repairs
- During reasonable hours
- With notice (unless it is an emergency)
This ensures that issues affecting multiple units can be resolved efficiently.
13. Duties of owners
(1) An owner must--
(a) permit any person authorised in writing by the body corporate, during reasonable hours and on notice (except in case of emergency, when no notice is required), to enter his or her section or exclusive use area for the purposes of inspecting it and maintaining, repairing or renewing pipes, wires, cables and ducts existing in the section and capable of being used in connection with the enjoyment of any other section or common property, or for the purpose of ensuring that this Act and the rules are being observed.
6. Does the Body Corporate Get Involved?
Generally: No – there is no obligation to manage leaks between sections
Where a leak is:
- Between two sections
- And does not involve common property
It is primarily a matter between the two owners
However, the Body Corporate Can Intervene
Under the prescribed management rules “owners’ obligation” to maintain the Body Corporate may step in if:
- An owner fails to carry out necessary repairs
- After receiving written notice
- And the situation:
- Affects common property
- Impacts other owners
- Or poses a risk to the building
In such cases:
- The Body Corporate can arrange repairs
- And recover the costs from the responsible owner
31. Obligation to maintain
(1) Notwithstanding that a water-heating installation forms part of the common property and is insured by the body corporate, a member must maintain, repair and, when necessary, replace such an installation which serves that member's section or exclusive use area; provided that where such an installation serves sections owned or exclusive use areas held by more than one member, the members concerned must share the maintenance, repair and replacement costs on a pro-rata basis.
(2) If despite written demand by the body corporate, a member refuses or fails to -
(a) carry out work in respect of that member's section ordered by a competent authority as required by section 13(1)(b) of the Act; or
(b) repair or maintain a section owned by that member in a state of good repair as required by section 13(1)(c) of the Act; and that failure threatens the stability of the common property, the safety of the building or otherwise materially prejudices the interests of the body corporate, its members or the occupiers of sections generally, the body corporate must remedy the member's failure and recover the reasonable cost of doing so from that member; provided that in the case of an emergency, no demand or notice need be given to the member concerned.
7. The Practical Process to Follow
When a leak between units is reported, the typical process is:
Step 1: Report the Issue
- Notify the managing agent or trustees
- Provide as much detail as possible
Step 2: Identify the Source
- If unclear, a contractor may be appointed to investigate
- Costs are usually allocated to:
- The responsible owner, or
- The Body Corporate (if common property is involved)
Step 3: Notify the Responsible Owner
- A formal notice is issued
- Typically allowing a reasonable time period in which to carry out repairs
Step 4: Insurance Claim
- The affected owner should submit a claim for damages
Step 5: Follow-Up
- Ongoing follow-ups are done to ensure repairs are completed
Step 6: If the Owner Fails to Act
Options include:
- Trustees may:
- Approve further action
- Assist with enforcement
- The affected owner may:
- Lodge a dispute with CSOS
- Or pursue legal action
Dispute applications can be lodged via the CSOS Connect platform
8. In Simple Terms
- Responsibility depends on where the leak starts
- Most leaks between units are owner responsibilities
- The Body Corporate has:
- Limited obligation
- But discretion to intervene where necessary
- Trustees must balance:
- Legal position
- Financial impact
- Risk to the scheme
Final Thought
Leaks between units can quickly become stressful and contentious.
Understanding the legal framework and correct process helps ensure:
✔ Faster resolution
✔ Fair allocation of costs
✔ Minimal disruption to residents
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