ELECTRICAL CERTIFICATE OF COMPLIANCE - NEW REGULATIONS

ELECTRICAL CERTIFICATE OF COMPLIANCE
NEW REGULATIONS


OLD POSITION:

Fairly vague.

Certificate valid indefinitely or until additions or alterations made to electrical installation on premises.
Electrical Contracting Board registering and enforcement mechanism/body.
Urban myth that you had to have one to transfer property, evolved as a clause in contracts to protect parties.

NEW POSITION:

Not foolproof, but less vague.

Effective from 1 May 2009.
Under Occupational Health and Safety Act No 85 of 1993 which is administered by the Department of Labour. ( initially for workplace safety but extended to residential dwellings). Will impact on the use and transfer of dwellings and other buildings.

No installation work which requires a new supply may commence without first notifying the electricity supplier in a prescribed form. (unless the supplier waives this). Importantly, no new installation may be connected to the supply without a certificate of compliance.

The user or lessor of an installation shall be in possession of a valid certificate of compliance which must be produced in the selling (transfer) process and change of ownership will not be allowed if it is older than 2 years from date of issue. (if an installation has changed, a certificate less than 2 years old may not be valid…)

Every user of an installation( except those installations that have not changed since October 23 1992 and no change in ownership since March 1 1994) is obliged to have a valid certificate of compliance and must produce it on request to an authorised inspector or the supplier of electricity.

The user or lessor is responsible for the safety, safe use and maintenance of the electrical installation. (usually tends to be the owner). A tenant may choose to take on such responsibility by written agreement with the lessor in terms of the new regulations.

Taken further, under Section 10 (4) of the Act, a buyer in the transfer process, may in fact undertake , in writing, to comply and obtain a certificate of compliance. This changes the onus under the Act.

Certificate limited to two years validity for the purposes of "transfer".

There has been some confusion over the interpretation of a time frames and requirements initially. To clarify, in terms of the Act, property may not be "transferred" unless the certificate is valid and less than two years old.

Property deemed to be sold in terms of the act include those being leased or donated. However, this does not bring "transfer" provisions into play.

NB!! It should further be noted that, technically speaking, no person shall "sell" or "MARKET" a property unless it complies with the necessary safety standards. (ie. Compliance certificate already in place)….Interesting thought for agents.

Another thing under Section 37 for agents to note, is that they may be held liable for any act or omission with respect to the compliance if they as agents undertook to arrange such.

It is a criminal offence not to comply which can result in a fine or imprisonment up to 12 months. (unlikely the prosecuting authorities will have the time or inclination to enforce these regulations strictly).

Certificates must also be in prescribed format:

Headed: DEPARTMENT OF LABOUR- OCCUPATIONAL HEALTH AND
SAFETY ACT, 1993- CERTIFICATE OF COMPLIANCE

Each certificate to have it's own serial number, completed in full, with no amendments.
Each certificate accompanied by a test report. (incorporated in new certificate).

A certificate may not be issued if any fault exists in any part of the electrical installation.

The contractor must be registered with the Department of Labour and have a valid registration number/license. The Electrical Contracting Board now only performs an interim function of registering electrical contractors on behalf of the Department of Labour.
Investigation will be dealt with by the Department of Labour or through an office of an Approved Inspection Authority.

Contact details: 011 497 3118 or 011 497 3000.
inspector@geia.co.za website: geia.co.za



SUGGESTED WORDING FOR YOUR CONTRACT:

The Seller undertakes to provide the Purchaser, prior to occupation by such Purchaser, or transfer whichever occurs first, with a valid Certificate of Compliance, including a test report where applicable, in respect of the Property, in terms of the Electrical Installation Regulations of 2009 under the Machinery and Occupational Health and Safety Act No 6 of 1993, as amended.

The Seller warrants that there will be no addition or alteration to the electrical installation on the Property subsequent to the issue of such certificate/(prior to transfer).

All costs incurred in the obtaining of such certificate and test report, including those for repairs or replacements required in order to issue such certificate, shall be borne by the Seller.

Once provided with such certificate and test report the Purchaser shall have no claim whatsoever against the Seller in respect of the electrical installation on the property.


Note: as the provisions cover the safety aspect of the installation only, it is further advised that clauses warranting that electrical installations are in working order, by the Seller, are included. Ie. Stove, gate motor, swimming pool pumps, air conditioners, etc…