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Water Damage Guide
Sectional Title Insurance

Water damage from the unit above in sectional title

Water damage from the unit above is one of the most common sectional title disputes. The first question is not only “who caused it”, but also whether the damage relates to the building, contents, maintenance, negligence, common property or an insured event.

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Quick answer: Water damage from the unit above is one of the most common sectional title disputes. The first question is not only “who caused it”, but also whether the damage relates to the building, contents, maintenance, negligence, common property or an insured event.

First steps when water enters a unit

  • Stop the source of water if possible.
  • Notify the managing agent or trustees immediately.
  • Take photos and videos of the affected ceiling, walls, floors and contents.
  • Ask for the cause to be inspected by a plumber or contractor.
  • Keep damaged items until the claim position is clear, unless they create a health or safety risk.

Insurance questions to ask

  • Is the damage to the building, finishes, common property or contents?
  • Was the water caused by a burst pipe, leaking appliance, geyser, balcony, roof or waterproofing issue?
  • Does the body corporate policy respond, or must the owner claim from their own policy?
  • What excess applies and who is responsible for it?

Trustee and managing agent checklist

  • Keep communication neutral and factual.
  • Ask for contractor reports rather than relying only on owner opinions.
  • Check the policy wording and scheme rules before confirming responsibility.
  • Record trustee decisions and claim instructions.

Where owners often get confused

  • The owner above is not automatically personally liable for every leak.
  • The body corporate policy does not usually cover personal contents.
  • A maintenance issue may not be treated the same as sudden accidental damage.
  • Excess responsibility can depend on scheme rules and policy wording.
Need help reviewing the insurance position?
Lowensvlei Insurance Brokers assists body corporates, trustees and managing agents across the Western Cape with body corporate insurance reviews, renewal checks, water damage claims, public liability, fidelity cover and trustee insurance support. Request an insurance review.
This guide is general information for trustees, owners and managing agents. It is not legal advice. Always check the scheme rules, policy wording and current legislation before making final decisions.
Questions

FAQs

Who pays for water damage from the unit above?

It depends on the cause, the damaged property, the policy wording, the scheme rules and whether negligence or maintenance issues are involved.

Should the owner below claim from the body corporate insurance?

If the damage is to insured building property, the body corporate policy may be relevant. Contents and personal items usually fall under the owner or tenant’s own insurance.

What evidence is needed for a water damage claim?

Photos, contractor reports, plumbing reports, invoices, claim forms and clear dates of when the damage was discovered are helpful.

Need practical body corporate insurance support?

We assist trustees and managing agents with renewals, claims, excesses and scheme insurance reviews across the Western Cape.

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