As concerns about safety and crime increase, many property owners are opting to install surveillance cameras in and around their units or sections. But what happens when these cameras face toward another section or overlook common property? In South Africa, while there is no national law that directly regulates CCTV use in residential settings, several pieces of legislation provide some guidance and boundaries.

The Sectional Titles Act 95 of 1986 plays an essential role in regulating the incidents related to individual ownership in sections or units of a scheme, as well as joint ownership of common property, which are managed by the Body Corporate.

To better understand this, we must differentiate between a “section” and “common property”. The Sectional Titles Act defines a “section” as a section shown as such on a sectional plan, which one can acquire ownership of, whereas “common property” means the land included in the scheme and such parts of the building/s which are not included in a section. This may include stairs and corridors, gardens and lawns, or even recreational facilities such as a swimming pool. 

Our legislative landscape covers these instances in the following statutes: 

The Constitution of the Republic of South Africa
The Constitution enshrines one’s right to privacy, confirming that everyone has the right to privacy, including the right not to have the privacy of their communications infringed. Furthermore, it also provides for the right of access to information that is held by another person and that is required for the exercise or protection of any rights. 

Sectional Titles Schemes Management Act 8 of 2011 and Sectional Titles Schemes Management Regulations, 2016
This Act empowers a Body Corporate to make rules governing the use and enjoyment of sections and common property. This includes the authority to regulate the installation, location, and purpose of surveillance systems. The intrusive nature of surveillance systems necessitates that their installation and operation be authorised and regulated in accordance with the Sectional Titles Schemes Management Act 8 of 2011, including the installation of such cameras by owners or residents. Trustees should ideally adopt rules that outline where cameras may or may not be placed; whether notification or consent is required; and how footage should be stored and accessed. These rules must be reasonable and comply with both the Constitution and the Protection of Personal Information Act 4 of 2013 (“POPIA”). 

Protection of Personal Information Act 4 of 2013
Personal information in a sectional title scheme is not confined to written or digital records held by the Body Corporate. It also extends to video footage capturing the movement and behaviour of individuals within the scheme by the cameras of the owners. 

While the installation of surveillance systems does not, of itself, constitute a violation of POPIA, it is important to recognise that video and audio recording systems are inherently intrusive by nature as they can capture personal information about individuals.

According to Paddocks (as an authority on sectional titles), when a surveillance system is installed within a sectional title scheme, the Body Corporate should adopt a comprehensive written privacy policy to ensure compliance with the POPIA and promote transparency among residents. Ideally, this policy should be incorporated as an amendment to Prescribed Management Rule 27, which already regulates access to non-financial Body Corporate records by members and bondholders. 

The policy should clearly set out the purpose of the surveillance and specify who is authorised to view the footage, and under what circumstances. For example, trustees and the managing agency’s portfolio manager may access the footage when there is reliable evidence of a security breach or rule violation. It should also:

• state the number and location of all cameras;
• indicate the operating times of the surveillance system;
• outline how long footage will be retained and how it will be securely stored;
• provide procedures for owners and bondholders to request access to recordings, including timelines for responding to such requests; and
• detail the signage and other measures used to notify owners, tenants, guests, and visitors of the surveillance system and its usual hours of operation.

While surveillance systems can play an important role in promoting safety, their use in sectional title schemes must be carefully balanced against the rights to privacy enshrined in the Constitution and reinforced by legislation such as POPIA and the Sectional Titles Schemes Management Act 8 of 2011.

Owners and trustees must understand that surveillance, by its nature, can be legally and ethically sensitive, particularly when it impacts common property or other units. 

In the end, the question isn’t just “Is Big Brother watching?” but rather “Who should be watching, and under what rules?” By setting clear policies that respect both safety and privacy, sectional title schemes can keep residents secure without crossing the line into unwelcome surveillance.



Disclaimer: This article is the personal opinion/view of the author(s) and does not necessarily present the views of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever, and no action should be taken on the basis thereof unless its application and accuracy have been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken based on this content without further written confirmation by the author(s). state the number and location of all cameras;