It is most important that an Offer to Purchase makes provision for an Electrical Compliance Certificate and an Electric Fencing Certificate to be obtained by the Seller..
With regard to the Electrical COmpliance Certificate, the Seller/Owner of the property must at his/her expense provide a valid Certificate of Compliance which must be provided prior to registration of transfer. The statutory obligation to obtain a valid Certificate of Compliance is provided for by the Regulations 7 to the Occupational Health and Saftety Act 85 of 1993 as amended.
• Banking institutions granting Home Loans will generally insist that the attorney attending to the bond registration obtain a copy of the said Electrical Compliance Certificate.
• In terms of Regulation 1 to the said Act the Owner/Seller need not have a valid certificate for an electrical installation that existing prior to 23rd October 1992 and where there was no change of ownership in the property after 1st March 1994 provided that no addition or alteration to such electrical installation occurred. If there was an addition or alteration to the installation a certificate will be required for the whole installation.
• A certificate would also be required where there was an addition or alteration to an electrical installation for which a Certificate of Compliance was previously issued for at least the addition or alteration.
• A Seller/Owner may not be allowed to pass ownership of a property if the Certificate of Compliance is older than 2 years subject to the proviso that no electrical installation work was done at the property since the certificate was obtained.
• Once a Certificate has been obtained it cannot be amended.
• The necessity of obtaining a certificate is contractual but there could be devastating consequences if a certificate is not obtained and a faulty installation results in a fire which damages or destroys the property
The Statutory contravention for failure to comply with the various regulations referred to above is an offence in terms of Regulation 15 and the offender shall on conviction, be liable to a fine or to imprisonment for a maximum of 12 months and in the case of an additional offence a fine of R200,00 per day for every day the offence continues and such additional imprisonment which shall not exceed 90 days.