Fire liability: a year-round concern in South Africa

If a fire spreads, losses may include damage to crops, grazing, infrastructure or equipment, as well as legal costs and liability claims.

Press release

After an intense summer of destructive wildfire activity, the risk of fire remains a pressing concern across South Africa, even as the seasons change.

Jan-Hendrik Botha, Head of Underwriting at Western National Insurance, says that while the Western Cape may be at lower risk of fires in winter, other provinces may need to be on high alert due to dry and strong windy conditions.

“Fire risk in South Africa does not diminish in winter; it simply shifts geographically,” he explains. “Understanding spread of fire liability, and the role of insurance in managing this risk, is therefore critical for farmers operating in seasonal high-risk areas.”

In terms of insurance policies, Botha says that spread of fire liability refers specifically to the risk that a fire starts on your property and spreads to neighbouring land, causing loss or damage to another party’s property. In more serious cases, this can also result in injury, loss of livestock and legal liability for the landowner.

Above: Jan-Hendrik Botha, Head of Underwriting at Western National Insurance

He notes that it is important for clients to distinguish between cover for their own property and liability cover for damage caused to others. “Damage to your own buildings and assets may fall under the material damage section of your policy, but this does not automatically mean there is cover if a fire spreads to a neighbouring property. Spread of fire liability is often provided as an extension under the liability section, and clients should confirm with their broker that this cover is in place and ensure they understand the limits and conditions that apply.”

He stresses, however, that cover for the spread of fire is closely linked to legislative compliance, particularly the National Veld and Forest Fire Act (NVFFA), as well as the specific terms, conditions and requirements set out in the relevant insurance policy wording.

“This means landowners must take a proactive approach to fire prevention and response,” says Botha. “This includes maintaining effective firebreaks, ensuring they are free of combustible material, keeping appropriate firefighting equipment available and making sure that personnel have basic firefighting knowledge. Landowners should also monitor weather conditions and fire danger warnings carefully and avoid burning when conditions are unsafe.”

Botha adds that practical coordination is equally important. “This includes engaging with neighbours when planning controlled burns, obtaining any required permits where applicable, and ensuring that responsible persons are available to manage fire risks if the landowner is absent. Good preparation, coordination and ongoing vigilance are key to reducing both operational and liability exposure.”

Failure to meet these obligations can create significant financial and legal exposure. If a fire spreads, losses may include damage to crops, grazing, infrastructure or equipment, as well as legal costs and liability claims. From an insurance perspective, the outcome of any claim will depend on the facts of the loss, the specific policy wording and whether the insured has complied with applicable terms, conditions and legal requirements.

“Risk mitigation is therefore not optional,” says Botha, who goes on to highlight the critical role that Fire Protection Associations (FPAs) play in the mitigation of veld fires.

“FPAs are community-based bodies that bring together landowners within a specific area to manage veld fire risk collectively. Through coordinated planning, shared resources and improved communication, they support better preparedness and more effective management of fire danger conditions.”

Importantly, membership of an FPA is generally not required by law. However, some insurers may require membership of an FPA as a condition of providing spread-of-fire liability cover. “FPA membership demonstrates that a landowner is taking wildfire risk management and compliance seriously and can play a role in how risk is assessed by insurers,” he explains.

Insurers may also consider FPA membership as part of their underwriting assessment. As fire risk continues to evolve across South Africa’s regions and seasons, Botha says brokers play an essential role in helping clients understand policy requirements and maintain an appropriate level of cover.

“The broker plays a critical role in helping clients understand whether spread of fire liability cover is included, whether it is automatic or provided by extension, what conditions apply, and how different policy wordings may vary. This helps ensure that cover is aligned to both the operational realities of the farm and the specific fire risk environment,” he concludes.

Relevant Agribook pages include “Fire management” and “Risk management and insurance.”