In sectional title complexes, dividing walls and fences play an essential role in defining exclusive use areas (EUAs) and common property boundaries. However, there is often confusion over who is responsible for their maintenance. While legislation does not explicitly assign responsibility for dividing fences, a few general guidelines can help clarify who takes on this task:
- Dividing Fences between EUAs and Common Property
When a fence divides an exclusive use area from common property, maintenance is generally a shared responsibility between the EUA holder and the body corporate. This can change if the sectional title plan or the rule that creates the exclusive use area specifies otherwise. - Fences between Two Exclusive Use Areas
If the fence lies on the boundary between two exclusive use areas, both EUA holders are typically responsible for its upkeep, sharing costs equally. Again, this may vary depending on the rules or details in the sectional title plan regarding that specific EUA. - Perimeter or Boundary Fence
The outer boundary fence, often encircling the entire complex, is generally the responsibility of the body corporate. This structure typically falls under common property maintenance, as it serves to enclose and protect the entire property.
These guidelines provide a foundation for determining responsibility, but specific circumstances or particular rules within a scheme may lead to adjustments. Always check the sectional plan and scheme rules for any unique provisions concerning dividing fences. For more information please email info@euaplans.co.za