Who usually decides

In a sectional-title complex, the outer perimeter wall and its fence are normally part of the common property, which the body corporate manages through its trustees. That means the trustees decide on installing, repairing, upgrading and maintaining the perimeter fence, and the cost usually comes out of the levies or a special levy.

In an estate run by a homeowners' association, the HOA or estate management usually looks after the estate's outer perimeter and sets rules for what owners may do on their own boundaries inside the estate. Those rules can cover fence types, heights and appearance.

Every complex and estate has its own documents, so check the management rules, conduct rules or estate rules that apply to yours. We do not state any estate's or complex's rules on its behalf.

Owners' own walls and gardens

Inside a complex, a unit's garden wall may be common property with exclusive use, or part of the unit, depending on how the scheme was set up. Inside an estate, an owner's boundary wall is usually their own, but subject to the estate's architectural and conduct rules. Either way, an owner who wants to add or change an electric fence should ask the trustees or estate office first, in writing, and get the answer in writing.

Briefing installers as a body corporate

Trustees usually want several comparable quotes and a clear record of why they chose one. That is easier if every installer quotes against the same brief. A short written brief might cover:

  • The full perimeter, with a simple sketch showing walls, palisade, gates and the guardhouse.
  • What the trustees want: a new fence, an upgrade, a repair programme or maintenance.
  • The number of zones, where the energizer should be, and any link to a guardhouse, alarm panel or armed response.
  • Access arrangements, including sections only reachable from neighbouring properties.
  • That the certificate must be included, and that proof of EFSI registration is required.
  • Any maintenance plan the trustees want after installation.

The certificate for a shared perimeter

Any new, repaired, re-installed, restrung, extended or upgraded electric fence must comply with the installation, material and quality requirements of SANS 10222-3, and the user or lessor must hold a valid Electric Fence System Certificate of Compliance. Only a registered Electric Fence System Installer may issue it (source: ECA(SA)).

For a complex, it makes sense for the trustees to keep the perimeter certificate with the body corporate's records, together with the installer's details. When a property with an electric fence is sold, the electric fence certificate must be lodged with the conveyancing attorney before transfer, so owners selling units may need to know where it is. Ask your conveyancer how they deal with a perimeter fence in a sectional-title sale. This is general information, not legal advice.

Liability and insurance

According to a legal and compliance manager at MUA Insurance Acceptances, quoted by Property24, a non-compliant electric fence puts the owner at risk of an insurance claim being rejected and of legal liability for injuries, including to trespassers. Liability claims arising from non-compliance are excluded from cover, and where a fence put up by an unregistered installer must be fixed or replaced after damage, the claim can be rejected on the grounds of defective workmanship (source: Property24).

For a body corporate or HOA, that is a reason to keep the perimeter compliant and documented. Trustees should check the scheme's own policy wording with its insurer or broker.

Looking after a long perimeter

Complex and estate perimeters are long, run past many gardens and are often out of sight. Vegetation, building work by owners, and storm damage all take a toll. A maintenance schedule, with a short written report after each visit, helps the trustees show that the perimeter is looked after and catches problems early. See maintenance and servicing.

Common sticking points

  • Shared walls with neighbouring properties. Agree access and design with the neighbour before work starts.
  • Owners adding their own fences inside. These can interfere with the perimeter system if not planned together.
  • One long zone. A fault anywhere sets off the same alarm, and nobody knows where to look. Zoning helps.
  • Missing paperwork. If nobody can find the certificate, an inspection may be needed.

Next steps

See electric fencing for estates, complexes and business, the Certificate of Compliance service, and upgrades in Silver Lakes for an estate example. To ask for quotes, send the complex name, suburb and what you need through the contact form.

Frequently asked questions

Who pays for the perimeter fence in a complex?

Usually the body corporate, because the perimeter is normally common property. Check your scheme's rules.

Can I add an electric fence to my own garden wall in an estate?

Ask the estate office first. Estates often have rules about fence types and heights on owners' boundaries.

Where should the complex keep the fence certificate?

With the body corporate's records, together with the installer's details, so it can be found when needed.

Do trustees need several quotes?

Many schemes prefer several comparable quotes. A written brief makes them easier to compare.

Sources

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