Who is responsible to repair Rising damp – Part 2
n our previous ‘Advice from the Experts’ newsletter we
looked at rising damp.
In this newsletter we will look at who is responsible to repair rising damp.
Rising damp is neither easy nor cheap to treat, but whose responsibility is it to pay for repairing rising damp in a sectional title context?
As with most maintenance-related issues, the central question on which the answer is based, is where the cause of the damage originates.
As explained in our previous newsletter, the source of rising damp will usually be from the foundations or exterior walls, both of which form part of the common property. In terms of Sectional Title Act, the responsibility for maintaining common property lies with the body corporate and thus even though the damage presents on an interior wall it should be rectified by the body corporate.