Application of theft excess for multiple burglaries

[Updated: 13 November 2025]

We have noticed an alarming increase in claims and losses resulting from burglaries. Sadly, this problem is unlikely to improve until socio-economic conditions in our country improve. Insurance policies and companies are tested in these events where claims prevail.

Access points

In most cases, burglars gain access to a building by forcing through an entry point. Then they take what they can and exit again via the same point. In the vast majority of these events, it is then clear that one excess applies to the claim for damage to the building.

We have noted a few instances where burglars have, over the course of a day or night, managed to break into and gain access to several units within a sectional title scheme. This means that there is more than one break-in point at different times. When it comes to reporting the crimes, there may even be more than one SAPS case number.

In the case of sectional title insurance, we are concerned about the damages caused to the building, doors, windows, security gates and so on. Loss of owner or tenant contents would be insured via the owner or tenant’s own personal contents cover policy.

How does the insurer apply excess to the claims in this circumstance?

Strictly, in terms of the policy, the insurer could apply the excess to each separate incident or event. Therefore, where there may be break-ins to more than one section, the insurer is entitled to apply more than one excess, i.e. one excess per event.

Multiple entry point break-ins are not that common. Some insurers may take a more lenient view and elect to apply only one excess where the circumstances may merit it.

What does the Act say?

Prescribed Management Rule (“PMR”) 23.(2)(b) of Annexure 1 of the Regulations to the Sectional Titles Schemes Management Act 8 of 2011 (“the STSMA”) which deals with who should pay the excess following an insurance claim.

It reads as follows:

“A member is responsible –

for any excess amount that relates to damage to any part of the buildings that member is obliged to repair and maintain in terms of the Act or these rules, and must furnish the body corporate with written proof from the insurer of payment of that amount within seven days of written request.”

It follows that damages to a door, being 50-50 in responsibility, would mean excesses shared 50-50 between owner and body corporate, in most circumstances.

An exception arises when security gates are damaged during a break-in. Prescribed Conduct Rule (PCR) 4.(2) would then apply. This conduct rule states: “The owner or occupier of a section must keep a device installed under sub-rule (2) in good order and repair.”

Thus, any door damage is normally shared 50-50 between owner and scheme, but excess in respect of security gate damage is paid for by the owner.

Conclusion

In summary, whether one or multiple excesses apply depends on how each incident is interpreted by the insurer. Understanding your policy and the relevant sectional title rules helps avoid disputes and ensures fair handling.

Always seek guidance from an experienced community scheme insurance advisor such as Addsure.