Fireplaces and Braais on Balconies – Risks and Rules
Braais and fireplaces are part of South African culture, but in a community scheme, their use comes with safety concerns, legal requirements, and insurance implications. Scheme Executives must balance residents’ enjoyment with the need to protect the building, its occupants, and the scheme’s compliance status.
Fire and Smoke Risks
The most obvious concern is fire safety. Open flames, high heat, and combustible materials on balconies or near walls can cause:
- Fires that spread quickly to other units
- Smoke damage to building exteriors
- Soot stains that require costly cleaning or repainting
Insurers may view these activities as high-risk, which can affect premiums or even lead to claim repudiation if rules are ignored.
Nuisance and Health Concerns
Under the Sectional Titles Schemes Management Act (STSMA), owners may not use their sections or exclusive use areas in a way that causes a nuisance to others.
Braais and fireplaces can cause:
- Smoke drifting into neighbouring units
- Persistent smells entering other residents’ living spaces
- Noise during preparation and gatherings
Conduct Rules and STSMA Provisions
Trustees have the authority to create or amend conduct rules to regulate or restrict braai use, provided these rules:
- Are reasonable and not discriminatory
- Are approved by special resolution of members
- Are lodged with the Community Schemes Ombud Service (CSOS)
Rules may include:
- Designated areas for braais
- Prohibiting open flames on balconies
- Limiting times when braais can be used
Insurance Implications
If a fire originates from an unauthorised or non-compliant braai:
- The insurer may refuse to pay for the damage
- The responsible owner may be held personally liable
- Legal disputes between the owner and Body Corporate can arise
Trustee Duties
Trustees have a fiduciary duty to manage the scheme with care and diligence, which includes:
- Enforcing safety and conduct rules
- Ensuring fire safety equipment is maintained
- Communicating risks and insurance requirements to residents
Braais and fireplaces can be enjoyed safely in community schemes, but only if used responsibly and in line with rules and regulations. Clear policies, proper enforcement, and owner awareness protect both residents and the scheme’s insurance cover.
ANGOR Property Specialists assists schemes in drafting effective conduct rules and ensuring compliance with insurance requirements.