Cert. of Compliance needed by law

A recent article in a local magazine claimed that according to a recent court ruling it was no longer necessary for an Electrical Certificate of Compliance (CoC) to be issued when a property changes ownership unless it is a condition of sale. According to Beetle and Electrical Inspections expert Nicky Versfeld there is a lot of confusion surrounding the issue and in this month's guest column she tries to provide some answers.

It is important for homeowners to know their rights and liabilities and to clear up any misunderstanding the Electrical Contractors' Association (SA) (ECA) responded as follows:

"Neither the ECA nor the Department of Labour (which is responsible for enforcing the Occupational Heath and Safety Act (OHASA) and the Electrical Installation Regulations) are aware of any recent court ruling on CoCs. There is however a legal opinion in circulation by a high court judge questioning whether OHASA has the necessary authority to regulate practice in respect of residential properties (and the electrical installations on such properties).

The courts have not yet ruled on this issue and the question remains to be answered. What is known is that the Department of Labour enforces the requirements of the Electrical Installation Regulations in respect of residential properties.

It is important to note that the law expressly provides that a CoC needs to be issued when a property on which an electrical installation exists changes ownership at any time after 1st of March 1994.

The Electrical Installation Regulations require every user or lessor of an electrical installation (i.e. a premises that is electrified) to have a valid CoC, which is transferable, in respect of such an installation. There is an exception that if the installation existed prior to October 1992 and there have been no addition or alteration to that installation, and it has not changed ownership since 1 January 1994, then no CoC is required. Once a change of ownership occurs, a CoC is required."

OHASA goes further to state that no machinery (an electrical installation is defined as machinery) may be sold unless it complies with the prescribed safety requirements. The CoC is the only accepted and endorsed proof of that compliance. The document has been formulated by the SABS, with stakeholder input, and accepted by the Department of Labour as being indicative of the safety standards to be applied.

For this reason, the majority of property sale agreements stipulate that a seller will provide the buyer with a valid certificate of compliance. A seller doing so can be comfortable that the electrical installation is safe and compliant, in turn giving the buyer comfort and assurance that all is well with the electrical installation.

Remember that: a homeowner is required to have a CoC for the electrical installation on the premises unless the installation predates 1992 and there have been no additions or alterations and no change of ownership. A seller may not sell (a premises with) an electrical installation unless the installation complies with the prescribed safety requirements. A valid electrical Certificate of Compliance is the most universally accepted and endorsed proof of safety and compliance. If the agreement of sale of a property stipulates that a seller will provide a CoC, this becomes a legally binding obligation on the seller.

The Electrical Contractors' Association of South Africa (ECA) represents the majority of the country's electrical contractors, many of whom are involved in the testing and inspection of electrical installations and issuing certificates of compliance.

The Department of Labour is responsible for regulating electrical installation work and enforcing the Occupational Health and Safety Act and the Electrical Installation Regulations.

The Accredited Person is the electrician who is suitably qualified and has been licensed by the Department of Labour to carry out installation work and issue certificates of compliance. This electrician may either be working as an electrical contractor or may be working for an electrical contractor.

The Electrical Contracting Board of South Africa (ECB) is responsible for registering electrical contractors. No one may carry out electrical contracting work unless they register with the board on an annual basis."

Although a CoC is transferable it is recommended that an inspection of the property be carried out before buying or selling to ensure there are no surprises later on. A seller may claim that no alterations were done to the electrical installation and that their CoC is valid, but the truth is that even minor electrical work such as fitting a ceiling fan, new oven, extractor fan, new light fittings or replacing faulty plugs can render an existing CoC null and void.

Therefore always insist on a valid CoC from your builder or electrical contractor to avoid unnecessary costs when selling. It happens time and again that a seller who for example has had an electric gate, pool pump or geyser fitted, is disappointed to find that the work done does not pass the electrical inspection. If he can't locate the original contractor to rectify the work, the seller will be liable for all costs to have the problem fixed.

And don't think this doesn't apply to you because you're buying a new property! It happens all too often that new properties don't pass the electrical test and it might be worth your while in the long run to have the property checked over by an expert as soon as you take occupation. Locating the developer or the electrician at a later stage and actually getting them to rectify any problems could be a daunting task.

Normal wear and tear on electrical installations and new regulations coming into effect since the last CoC was issued could also result in a failed inspection.

Whether you're buying or selling, always insist on a new inspection being carried out by an ECA (SA) accredited member and that an up to date CoC is issued before transfer takes place. That way you'll ensure a hassle-free transfer, that your new home is safe to live in and that you will not be landed with large bills later on.

For more information contact the ECA's national offices at 011 392 0000, visit www.pestech.co.za or email Nicky Versfeld here.

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