Huis-Huis receives numerous queries regarding the Electrical Certificate of Compliance Certificate, legally required by the Occupational Health and Safety Act 85 of 1993. The importance of obtaining a valid Electrical Certificate cannot be over-emphasized.
The Practical Issues
While the Electrical Certificate is a requirement in terms of the Occupational Health and Safety Act it is not necessary that the Electrical Certificate be lodged with the Registrar of Deeds for transfer purposes. The absence of an Electrical Certificate will therefore not affect the transfer of your property.
When a property is sold the new owner will require an Electrical Certificate of Compliance before the Local Authority will connect the electricity supply. It is common practice for the Seller to be required to furnish such a Compliance Certificate to the Purchaser. The Seller may have to instruct an electrician to effect repairs to the installation before the Electrical Certificate can be issued.
The Huis-Huis standard contract of sale, as most contracts used by good estate agencies, have a specific clause relating to the Electrical Certificate of Compliance. Failure to produce a Compliance Certificate will therefore constitute a breach of contract and the affected party may recover damages or take any recourse that the contract or common law allows.
The certificate should be retained by the Purchaser to hand to the next Purchaser when the property is again sold. A new Electrical Certificate will only be required if there has been any addition or alteration to any electrical installation subsequent to issue of the existing Electrical Certificate Of Compliance.
Validity Of Electrical Certificates
An Electrical Certificate Of Compliance remains valid, and becomes transferable upon the sale of the property, for so long as there are no alterations or additions to the electrical installation. If any alterations were made, a new Compliance Certificate would have to be issued for the additional alteration after a re-inspection of the electrical installations by an "accredited person" in terms of the Occupational Health and Safety Act.
Some Electrical Certificates have an expiry date. These Electrical Certificates typically expire 6(six) months after the date of issue.
In most sale agreements the seller undertakes to obtain a new Electrical Certificate Of Compliance even where no alterations or additions to the existing electrical installations have been effected since the issue of a previous certificate. This requirement, thus, while commendable and designed for the protection of the purchaser, is not strictly necessary in terms of the Occupational Health and Safety Act.
Who Pays For It?
Whilst the Occupational Health and Safety Act don't specify whether the seller or purchaser is liable for the costs of obtaining the Electrical Certificate it is usual for the seller to pay for the certification.
The owner of the property should retain the original document. Copies thereof (certified, if necessary) should be given to the attorney and estate agent involved in the transaction.
Selling Without An Electrical Certificate
If a householder does not obtain an Electrical Certificate Of Compliance, he/she remains responsible for ensuring that the electrical installations on the property are safe. Should someone be injured in an accident relating to the electrical installations, the householder may be liable for both medical costs and damages and also the resultant costs of having the installations repaired and re-inspected.
The Requirements
Electrical installations are inspected and tested according to the code or standards that prevailed at the time the property in question was built. A number of items will, however, become compulsory, from 2005 irrespective of the date of the original installation. Earth leakages, plugs with shutters and LV Surge Protection, as a requirement for electrical installations will become law as from 1 January 2005.
As from 1 April 2002 SABS standard 0142-1 established a new code of practice for the wiring of premises. From 1 July 2002 it will become compulsory for electrical contractors to use the revised Electrical Certificate Of Compliance form. This new document will follow a standard format and, amongst other prescribed information, includes the name, registration certificate number, identity number, address and telephone number of the electrical contractor concerned. You can view an example of an Electrical Certificate Of Compliance here. The new forms are already available and it is suggested that they be used immediately.
When a Compliance Certificate is issued for a completely new building requiring a new installation, it has to be signed by four parties, namely:
- The designer of the installation;
- The purchaser of the electrical components and equipment;
- The contractor in charge of the installation; and
- The tester;
When an Electrical Certificate is issued for the purposes of re-sale, the signatures of the four parties will not normally be necessary. This, of course, very much depends on the type of project being undertaken. [See Government Gazette 22822, GNR 1128 of 16 November 2001]
Renting And Letting Property
A lessee of property can request the lessor or estate agent (if any) to show him/her the Electrical Certificate Of Compliance prior to signing the lease and would be well advised to do so before taking occupation of the property.
Further Electrical Certificate Questions
If the Electrical Certificate Of Compliance is unsatisfactory or one has doubts about the electrical installation, you should contact the Electrical Contractors Association for advice or the approved provincial electrical inspection authority.
The Association can be contacted telephonically at 011 392 0000.