A warranty in terms of South African insurance law is a condition prior to inception; or continuation of insurance cover; or payment of a claim which you must adhere to. 

If you DO NOT adhere to the warranty, your insurer is under no obligation to indemnify you in the event of a claim.  Your insurer can also void your policy from the date of the breach of or non-adherence to the warranty.

Make sure that you are aware of the warranties that your insurer has included in your insurance policy wording and/or policy schedule to ensure that when you do report an incident of loss or damage to your insurer; you are not left with an expense to pay yourself or worse be without insurance cover.

We have listed warranties which you might find included in your insurance policy wording and/or policy schedule. Look out for the words “must”, “should”, “adhere”, “warrant”, “comply” etc.  

You must take all reasonable steps to ensure that the insured property complies with the National Building Regulations and Building Standards Act (Act No. 103 of 1977) as amended or substituted from time to time, or any similar applicable legislation and the regulations thereto. 

You must also take all reasonable steps to ensure that plans were submitted to and approved by the local authority at the relevant time of construction.

You must also comply with all statutory obligations, laws and bylaws, regulations, safety requirements and statutes and regulations thereto imposed for the safety of property or persons.

You must immediately advise your insurer of any change in risk which may materially alter any of the facts or circumstances that existed at the commencement of this policy and its subsequent renewal.

In particular this applies to the use of or occupation of the building, as well as any changes that increase the risk of loss or damage or the likelihood of liability losses. You must also notify your insurer of any change in your circumstances i.e., home improvements.

If you do not do so your insurer will not be liable for any loss, damage or liability caused or contributed to by any such change or alteration.

Your insurer reserve the right to amend the rate, terms and conditions of the policy with immediate effect, if their exposure is increased by the change in risk.

You warrant that:

• Chimney penetration / Jet master / Extraction Ducting Where Chimneys / Jet master /Extraction Ducting penetrate the roof of any thatch building, the chimney, stacks are constructed in such a way that the outer faces in contact with the thatch do not become hot. (In normal chimneys, a full brick thickness (220mm) is necessary to satisfy this warranty). All mortar joints in the stack are properly filled. Where the Chimney stack / Jet master steel funnel / Extraction ducting penetrates the roof plane, this is dressed with a sheet metal or fibreglass reinforced polyester flashing under, between and over the top surface of the thatch. The width of the flashing is at least 250 mm.
• Spark Arrestor A spark arrestor, fitted not less than 700mm from the top of the stack, is provided in all chimney stacks. The spark arrestor typically comprises a 10 x 10 x 1 mm (minimum) section of stainless steel wire mesh across the full width of the flue and securely built into the flue around the edges, or supported on mild steel dowels.
• Cleaning of Chimney Flues The chimney flues are cleaned at least annually prior to winter use, by competent persons to avoid an accumulation of soot, which may ignite and generate sparks.
• Encroachment of Grass are kept, up to 25 metres on all sides of the insure buildings, or the boundary perimeter, whichever is closer, clear of all bush, jungle, grass and weeds. This does not apply to cultivated and maintained lawns and gardens, if any.
• Fire Fighting Equipment All fire-fighting equipment located on the site are tested and serviced on an annual basis, in compliance with the standards laid down in the National Building Regulations, Regulation 12, thereby ensuring that this equipment is considered to be serviceable and ready for use at all times.  A 4,5kg dry DCP fire extinguisher is installed in the Thatched-roofed Building.
• Lightning Conductors An SABS approved Lightning conductor is installed. The effective height of the lightning mast/s is of such a height that it/they provide a shielding angle to the structure/s that it is protecting of a minimum angle of 45 degrees taken from the highest tip of the mast to ground zero. Whether the Lightning mast is attached or free standing it is bonded to the earth electrode of the structure or an earth electrode of its own source. Where metals are used in the thatch construction (i.e.: wire mesh, metal coated insulation, etc.). These are bonded to the earthed metal water main or earth electrode of the structure. Where chimneys and gable ends are present that are not protected by the appropriate shielding in (a) above, i.e. often the chimney extends above the shielding angle of the lightning mast, a peripheral conductor is used around the chimney or along the gable and this is connected to a down conductor bonded to the earth electrode or water main.

NOTE: The above does not in anyway replace, or is in conflict with the requirements of SABS 03 – 1985, but augments those requirements.

Should you not adhere to the above warranty your insurer will not be liable for any damage to the insured property, where such failure to adhere to the warranty is material to the damage.

You warrant that:

At least 1x 4.5kg Dry powder fire extinguisher is installed near the Lapa. The extinguisher is serviced annually by an SAQCC registered technician. Should you not adhere to the above warranty your insurer will not be liable for any damage to the insured property, where such failure to adhere to the warranty is material to the damage.

• LP Gas cylinders in excess of 19kg are stored in a separate area outside the building.
• Gas cylinders are contained within a cage or chained around the body of the cylinder and secured to the wall to prevent cylinders from being knocked over.
• In accordance with SANS regulations, containers are kept at least 1 meter away from any opening into a building that is below the level of the container valve, i.e. doors, windows and airbricks and at least    2 meters away from any drain, pit or manhole  
• No electrical apparatus or compressors are stored near the gas installation unless the unit is deemed intrinsically safe and complies with SANS 10087 standards.
• Flexible hose do not exceed 2 meters in length and all pipes going through walls are made of suitable copper piping. 
• A “No naked flames, No smoking, No Cell phones and No Unauthorized Entry” signage is fitted to LP Gas cage.
• LP and other gasses are kept separately in the cage.
• No combustible materials are stored closer than 3m to the LP Gas cylinders.
• Vegetation are removed from the LP Gas cage.
• Where the amount of gas exceeds 100Kg, a local authority inspection certificate of the gas storage areas is to be issued. This permit needs to be sent to us for our records and displayed in a visible location at the insured premises.

Should you not adhere to the above warranty your insurer will not be liable for any damage to the insured property, where such failure to adhere to the warranty is material to the damage.

You warrant that gas appliances and gas cylinders have been installed in compliance with regulations as defined in the Occupational Health and Safety Act (No 85 of 1993).

Should you not adhere to the above warranty your insurer will not be liable for any damage to the insured property, where such failure to adhere to the warranty is material to the damage.

If the interests of any bank or other financial institution have been noted in the schedule, your insurer will pay that financial institution to the extent of their interest in the insured property; namely the amount which is due to them, or the sum insured as shown in the schedule, whichever is the lesser.

If you act, or fail to act, in a way that may make this policy invalid, the interest of the bank or financial institution will not be affected if the following conditions are met:

a)  the bank or financial institution did not know about your act or failure to act;

b)  the bank or financial institution tells us about the act or failure to act as soon as they become aware of it; and

c)  the bank or financial institution pays the additional premium due.

You warrant that:

• Each generator at the insured premises is installed in a well-ventilated position, the electrical connections are done by a qualified electrician and an Electrical Compliance Certificate is issued.
• 1x 4,5kg DCP fire extinguisher is installed near to each generator.
• Any spare fuel is stored in steel containers and in a safe place.
• No more than 50 liters of petrol or 200 liters of diesel (other than the fuel in the tank of the generators) is stored inside the building.

As per the SA Government Gazette No. 22355, Notice No. 509 and Regulation No. 7079 dated the 8^th of June 2001, all fixed electric storage water heating systems must comply to SANS 10254 Installation Specification (SANS:  South African National Standards).

This legislation requires that all new geyser installations and replacement geyser installations performed after the 8^th June 2001 must be in accordance with the specification, which requires the installation to have a geyser drip tray with overflow pipe piped to the exterior of the building. 

Vacuum breakers must be installed on the hot and cold water supply and the overflow from the safety valve and expansion relief valve must be piped to the exterior of the building.

SANS Code 10254 – 2004, Clause 4.3.1.2 states that the water heater and its additional components shall be maintained, replaced or repaired to comply with this standard.

Any non-compliance must be reported to the owner in writing by the person carrying out the maintenance, replacement or repair.

These installations must conform in respect of electrical heating systems for storage water and in respect of water supply and drainage systems.