Implementing water solutions the right way

With South Africa’s ongoing water challenges and the increasing strain on municipal water infrastructure, adopting effective water-efficient strategies is essential. Many community schemes are exploring alternative water solutions which can offer numerous benefits, from water security to cost savings. However, the process must be approached methodically, with proper legal compliance and professional guidance. This article aims to provide a structured approach to implementing water solutions in sectional title schemes while ensuring legal compliance and financial sustainability.

Before undertaking any water solution initiative, it is essential to understand the legal framework.

• Authority of the Trustees and Body Corporate

• • Common property is governed by the Sectional Titles Schemes Management Act, 2011 (“STSMA”) and the Prescribed Management Rules (“PMRs”).
  • Section 3(1)(t) of the STSMA states that the body corporate is responsible for managing, controlling, and administering common property for the benefit of all owners. This includes making improvements.
  • PMR 21(3)(e) states that trustees have the authority to enter into written agreements related to the body corporate’s powers and duties under the STSMA. This means the trustees can execute contracts related to the installation of a water solution, provided they act within their mandate.
  • Under Section 1 of the STSMA, common property is effectively defined as all areas in a scheme except those included in a section. A water solution installation in these areas constitutes an “alteration or improvement” to common property under PMR 29.

• Municipal Compliance and Licenses

• • Certain water management installations, particularly boreholes and rainwater harvesting systems, require municipal approval to ensure compliance with water usage restrictions and safety regulations.
    • The consequences of improper installation, as illustrated by the Hillside Village Body Corporate case where borehole drilling disrupted Gautrain services, can be far-reaching and costly.
  • The exact requirements can vary by solution, a body corporate should ensure to work with qualified service providers to check with the local municipality what consents are required and whether a license from the Department of Water and Sanitation under the National Water Act 36 of 1998 is needed.

Step 1: Assess your water needs

• Conduct a water audit of your scheme to determine current consumption, inefficiencies, and potential savings
• Identify risks such as leaks, excessive usage, and disruptions in municipal supply.

Step 2: Solution selection

• Engage professionals to determine the most suitable solutions for your scheme’s specific scenario.
• Compare available options such as:
  • Boreholes and rainwater harvesting systems – to supplement municipal supply.
  • Greywater recycling – for irrigation and non-potable uses.
• Calculate potential savings against installation and maintenance costs. The importance and value of having water security to a scheme should be considered as well. This is not easily quantified in monetary terms, but peace of mind for owners, residents and potential buyers plays a large factor in property value.
• Decide whether reserve funds, special levies, or project funding will be used for the capital expenditure of the installation. Maintenance and eventual replacement costs should also be appropriately budgeted for going forward.

Step 3 : PMR 29(2) – Approval process

• Notice to owners (30-day period)
  • The body corporate must notify all owners in writing about the proposed improvement, including:
    • The estimated cost
    • The funding method (reserve fund, special levy, or Project Funding)
    • Technical drawings or plans illustrating the installation
    • A motivation explaining the benefits of the installation

• Waiting period for objections
  • Owners have 30 days to submit objections in writing

• Approval – If no objections are received
  • The trustees may proceed with the installation using a trustee resolution to nominate which two trustees sign and enter into the agreement with the water solution service provider.

• Approval – If objections are received
  • A special general meeting must be arranged to discuss the proposal with members The installation must be approved by a special resolution at the meeting before the agreement with the water solution service provider can be signed.

Step 4: Contracting and implementation

• Appoint qualified contractors with verifiable references and proper insurance.
• Ensure municipal by-law compliance and necessary safety measures. Before drilling, verify there is no underground infrastructure that could be damaged.
• Implement installations in phases to minimise disruptions.

Step 5: Maintenance and risk management

• Ensure your scheme’s insurance covers damage related to water system failures.
• Establish a clear maintenance schedule (including annual professional inspections) and assign responsibilities.
• Ensure all residents understand how to use the systems effectively and report issues

Implementing water management solutions in sectional title schemes requires careful planning, legal compliance, and sound financial strategies. By following a structured approach – assessing needs, securing approvals, selecting appropriate funding, and ensuring ongoing maintenance – schemes can enhance water security while protecting property values and minimising risks.

Trustees and managing agents who proactively engage with professionals and adhere to regulatory requirements will facilitate smooth, legally compliant implementations that benefit all residents.

At STS, we ensure we partner with credible service providers who will guide you and provide expert advice to ensure water security that is compliant for peace of mind.

Got more questions? Reach out to us, our specialists are standing by!