South Africa Commercial Maintenance Obligations: Landlord, Tenant, and Lease Structures

Commercial property maintenance in South Africa is primarily governed by the lease agreement, with additional statutory requirements from the Occupational Health and Safety Act 85 of 1993 (effective 1 January 1994) and the National Building Regulations and Building Standards Act 103 of 1977 (effective 1 September 1985), alongside municipal bylaws. Unlike residential tenancies, maintenance responsibilities in commercial leases are highly negotiable and vary significantly depending on the lease structure.

Maintenance by Lease Type

The division of maintenance responsibilities depends entirely on the lease structure:

Gross Lease

Net Lease

Triple Net (NNN) Lease

Landlord Maintenance Obligations

Regardless of lease type, the landlord typically retains responsibility for:

Structural Integrity

• Foundations, load-bearing walls, and structural framework
• Roof structure (waterproofing may be tenant's responsibility in NNN leases)
• External walls and cladding
• Major plumbing and drainage infrastructure
• Fire escape routes and structural fire safety

Common Areas (Multi-Tenant Buildings)

• Reception areas, lobbies, and corridors
• Lifts/elevators (including compliance certificates)
• Parking areas and driveways
• Landscaping and external grounds
• Security systems and access control
• Common ablution facilities (if applicable)

Building Systems

• Main electrical switchgear and distribution
• Fire detection and suppression systems
• Emergency lighting and backup generators
• Main water supply and sewerage connections

Tenant Maintenance Obligations

Commercial tenants are typically responsible for:

Internal Premises

• Internal walls, floors, and ceilings within the leased area
• Internal lighting and electrical fittings
• Internal plumbing fixtures (taps, toilets, basins)
• Internal doors, windows, and glazing
• Tenant-installed equipment and fit-out

HVAC Systems

In many commercial leases, tenants are responsible for:

• Air conditioning units serving their premises

• Regular servicing and maintenance of HVAC systems
• Replacement of HVAC equipment at end of life (lease-dependent)

Tenant Improvements

• Maintenance of any alterations or improvements made by the tenant
• Compliance with building regulations for any modifications
• Restoration of the premises to original condition at lease end (if required)

Compliance Certificates

Commercial landlords must maintain current compliance certificates:

OHS Act Requirements

The Occupational Health and Safety Act places duties on both landlords and tenants:

Landlord Duties

• Ensure common areas and building systems are safe
• Ensure every lift is inspected and tested by a registered inspector every 24 months and maintained monthly (Lift, Escalator and Passenger Conveyor Regulations, 2010)
• Subject pressure vessels to internal and external inspection and a hydraulic test every 36 months (Pressure Equipment Regulations, 2009)
• Maintain emergency evacuation plans
• Ensure fire exits are accessible and clearly marked
• Provide adequate emergency lighting
• Maintain safe parking and pedestrian areas

Tenant Duties

• Maintain a safe workplace within their leased premises
• Comply with all health and safety regulations
• Report hazards to the landlord
• Participate in building emergency drills

Sinking Fund and Capital Expenditure

For commercial properties within a sectional title scheme, landlords must establish a reserve fund (sinking fund) as required by Section 3(1)(b) of the Sectional Titles Schemes Management Act 8 of 2011. This fund must be supported by a 10-year maintenance, repair, and replacement plan (MRRP). For other commercial buildings, landlords typically establish a fund for:

• Roof replacement
• Lift modernisation
• Facade renovation
• Major plumbing or electrical upgrades
• Parking area resurfacing

Tenants contribute to the sinking fund through their operating cost levies (in NNN leases).

Best Practices for Commercial Landlords

1. Define maintenance responsibilities clearly in the lease — leave no room for ambiguity
2. Conduct regular building inspections — quarterly for common areas, annually for tenant premises (with consent)
3. Maintain a preventive maintenance schedule — proactive maintenance is cheaper than reactive repairs
4. Keep all compliance certificates current — expired certificates create liability
5. Budget for capital expenditure — plan for major repairs and replacements in advance
6. Require tenants to use approved contractors — protect building standards
7. Maintain a maintenance log — record all work done, costs incurred, and contractors used
8. Include a restoration schedule in the lease — specify the condition in which tenant premises must be returned

How Landager Helps

Landager's commercial property management tools help you schedule preventive maintenance, track compliance certificate expiry dates, manage tenant maintenance requests, and monitor building-wide maintenance budgets — ensuring your commercial portfolio remains well-maintained and compliant.

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