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Question:
Who is responsible to remedy rising damp in a section?
Answer:
In terms of the Sectional Titles Act of 1986 ('the Act'), an owner is responsible to repair and maintain his section and the body corporate is responsible to repair and maintain the common property. Each owner owns his section to the mid-point of its floors, walls and ceilings and therefore a ground floor owner owns his section to the mid-point of its floors and the foundations underneath his section are common property.
If the rising damp in a section is emanating from the common property foundations then the body corporate is responsible to repair the defective common property causing the damp.
Technically the owner of a section with rising damp is responsible to repair the damp inside his section, but if he can show that the damp is a result of the body corporate?s failure to carry out its obligation to repair and maintain the common property then that owner may have a delictual claim against the body corporate to recover the costs of repairing the damp in his section.
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