Although Electrical certificates of Compliance have been with us for decades already, South Africans still have many questions about Electrical Certificate of Compliance issues. This article tries to clear some things up.
Electrical Certificate Law
The Occupational Health and Safety Act 85 of 1993 makes it compulsory for anyone who wants to sell ANYTHING that includes electrical wiring to be in possession of a valid Electrical Certificate of Compliance. The law actually states that sellers cannot even begin to market something with electrical wiring without an Electrical Certificate.
This legal requirement applies to improved real estate as well; so obtaining an Electrical Compliance Certificate is a must for all home sellers.
Practical Electrical Certificate Issues
The practical implementation of the Electrical Certificate requirement of the Occupational Health and Safety Act is the main reason South Africans are getting so confused about the subject.
Even though an Electrical Certificate is a specification of the Occupational Health and Safety Act, the Registrar of Title Deeds in South Africa does not require that an Electrical Certificate of Compliance must be lodged along with the other documentation required for the transfer of ownership of the property. The transfer of immovable property can therefore still continue, even though there is no Electrical Certificate.
The new owner of the property may, however, need to produce a valid Electrical Compliance Certificate to get the Local Authority to connect the property to the electricity supply. So, not having a valid Electrical Certificate can cause practical problems for the buyer later. It is therefore logical that the buyer should take responsibility for getting an Electrical Certificate of Compliance.
But the sellers are the ones who have to obtain a Compliance Certificate for the property, according to common practice. The seller usually commits to furnishing such a certificate to the purchaser in the contact of sale. The Seller may have to instruct an electrician to fix some issues with the electrical installation before the Compliance Certificate can be issued. The costs of such repairs are usually for the seller's account.
Most good real estate contracts contain specific Electrical Certificate clauses, which control the Electrical Certificate of Compliance situation. If the party who is responsible for the electrical certificate then fails to produce the Compliance Certificate for the electrical installation, it would constitute a breach of contract. The disadvantaged party may therefore recover damages, or take any other action the sales contract or case law allows.
A property owner should keep the electrical compliance certificate he/she receives when buying the property, to hand it to the next buyer when the property is sold again. The seller will only need a new Electrical Certificate of Compliance if alterations or additions were made to the electrical installation after the existing Electrical Certificate was issued.
Electrical Certificate Validity
The Electrical Certificate Of Compliance stays valid as long as there are no alterations or additions to the electrical installation. If the electrical installation stays unchanged, the Electrical Certificate can be transferred to the new owner after the sale of the property.
If the electrical installation gets changed, a new Compliance Certificate for the changes will be needed. An "accredited person", in terms of the Occupational Health and Safety Act, will have to re-inspect the electrical installation before issuing the Electrical Certificate.
Some Electrical Certificates might contain an expiry date. Electrical Certificates with expiry dates typically expire 6 (six) months after they first get issued. An electrical certificate of compliance that has expired cannot be transferred to new owners.
In most agreements of sale, the seller undertakes to obtain a new Electrical Certificate Of Compliance, even if he/she is in possession of a valid Electrical Compliance Certificate already. Even where no alterations or additions were made to the existing electrical installation, such a seller will need to get a new Electrical Certificate.
A contractual requirement such as this, although commendable for protecting the purchaser, is not required by the Occupational Health and Safety Act.
Paying for Electrical Certification
The Occupational Health and Safety Act does not say who must pay for the Electrical Certificate. Who pays the costs involved in getting a valid Electrical Certificate is a matter that can be negotiated between the parties to the sales contract.
In practice, it is usually the seller who pays for an Electrical Compliance Certificate. The Occupational Health and Safety Act does require the seller to have one before beginning to market the property, after all.
The seller could save a bundle by simply retaining the Electrical certificate he/she received when buying the property. A qualified electrician should do any additions and alterations to the electrical installation anyway, so getting a certificate of compliance for those additions or alterations should not cost an arm and a leg.
When the owner is not in possession of a valid Electrical Compliance Certificate, the buyer may offer to take responsibility for getting the electrical installation certified. But I am not sure whether such an agreement meets the requirements of the law. The seller may still be held responsible for damage and injuries that occur as a result of the uncertified electrical installation.
The owner of the property should retain the original Electrical Certificate of Compliance until transfer takes place. Copies of the document (certified copies, if necessary) should be given to the conveyancer and real estate agent involved in the property transaction. And after the completion of the sale, sellers would be well advised to also retain a certified copy of the Electrical Compliance Certificate they hand to the buyer.
Selling Without An Electrical Certificate
If an owner does not get an Electrical Certificate Of Compliance for a property with electrical wiring, he/she will personally be responsible for the safety of the electrical installations on the property.
If someone suffers an injury in an accident involving the uncertified electrical installations, the owner may have to pay both the medical costs and damages suffered by the injured person. The owner can also be held responsible for the costs of having the installations repaired and certified.
Electrical Certificate Requirements
Electrical installations are inspected and tested according to the standards that prevailed at the time of installation. Earth leakages, plugs with shutters and LV Surge Protection, amongst others items, will however be required regardless of the date of the original installation.
These compulsory requirements are vital to the safety of the electrical installation. An Electrical Certificate of Compliance cannot be issued for an electrical installation that is unsafe.
Electrical contractors must use the revised Electrical Certificate Of Compliance form to issue the Electrical Certificate. This new standard document includes the name, registration certificate number, identity number, address and telephone number of the electrical contractor issuing the certificate, along with other prescribed information.
When an Electrical Compliance Certificate is issued for a completely new building and electrical installation, the Electrical Certificate Of Compliance form has to be signed by all four of the persons responsible for the electrical installation. These include the designer of the installation, the purchaser of the electrical components and equipment, the contractor in charge of the installation and the tester of the final installation.
When an Electrical Certificate of Compliance is issued for the purposes of selling an existing building with an electrical installation, the signatures of those four people will not normally be necessary. But who signs the Electrical Certificate of Compliance form will depend on the type of project.
Electrical Compliance and Renting/Letting Property
A person who wants to lease a property can request to see the Electrical Certificate Of Compliance for the property before he/she signs the lease agreement. The lessor and real estate agent are obliged to produce the electrical Certificate on request. So, lessees would be well advised to request proof of Electrical Compliance before taking occupation of the rental property.
Electrical Certificate Questions and Queries
If the Electrical Certificate Of Compliance you have received is not to your satisfaction, if you have doubts about the electrical installation in your property, or if you have any other questions about your Electrical Compliance Certificate, the Electrical Contractors Association or the approved provincial electrical inspection authority in your province will be able to provide you with advice. The Electrical Contractors Association can be contacted at telephone number (011) 392 0000.
