Question:
We are a complex of four units. Unit three had a blockage on a main sewage line from a service duct between unit two and three. Should the cost be for body corporate or the owner of unit three?

Answer:
Your question refers to a service duct. The liability to maintain and repair pipes, wires, cables and ducts is dealt with in section 37(1)(p) of the Sectional Titles Act 95 of 1986 and differs depending on the principles set out below:

  1. If the duct is part of your section (i.e. within the median line/midpoint of its floors, walls or ceilings) it is your responsibility unless the duct serves a number of parts of the scheme (i.e. more than one section), then it is the body corporate's responsibility.

  2. If the duct is outside your section (i.e. on the common property) the body corporate must maintain and repair it even if it only serves your section.

It is not clear from your question whether the duct forms part of section two or three or both, or part of the common property. However, it sounds as if it serves both section two and three. If my assumption is correct and the duct does serve both sections, it will be the responsibility of the body corporate to repair and maintain this duct in line with principle two set out above as it serves a number of parts of the scheme. If my assumption is incorrect, please use the above principles to determine who is liable for maintenance of and repairs to the ducts.

  • Go to page three for the final question