Electrical Fencing Certificate of Compliance

Conveyancing lawyer in Johannesburg

An Offer to Purchase should include reference to an Electrical Fencing Certificate of Compliance should the property in question have an electric fence.

On the 25th March 2011, the Department of Labour promulgated certain amendments to Electrical Machinery Regulations within the Occupational Health and Safety Act No. 85 of 1993 to ensure the safety of citizens of South Africa from dangerous shocks from electrical systems and appliances.

• The legislation making provision for the certificate was also designed to prevent interference to radio, T.V. and telephone services by non-compliant energizers, poor earthing and unacceptable installation practices.

• From 1st October 2012 and in terms of Regulations 12(4) and 12(5) electric fence systems shall require a valid Electrical Fencing Certificate of Compliance but this does not apply to an electric fence system erected before the regulations came into force. However it will have to be obtained where there has been an alteration or addition or change of ownership after 1st October 2012.

• Only a registered person may issue such Electrical Fencing Certificate of Compliance i.e. an installer who has passed the exam of the Department of Labour and is in possession of a Certificate of Competence.

• Property owners are going to have to be more careful who they contact to install electric fences so as to comply with the new Regulations.

• All properties including residential, commercial and sectional titles within complexes must comply with the new regulations.

• Warning signs of the electric fence must be visible from driveways and pavements and a fence cannot overhang a neighbour’s yard or pavement.

• Electrical Fencing Certificate of Compliance issued may not be amended but are transferable provided there has been no alteration replacement or change to the fence installation.

• The Electrical Fencing Certificate of Compliance will have an Addendum A – Inspection and Test report together with a site plan and drawing clearly showing the perimeter of the fence and type of material for the installation.

• The Purchaser will have to trust the Seller that the latter has made no alteration or addition to the electric fence system so it is suggested that the Offer to Purchase contain a provision that a Seller obtain such certificate to protect the Purchaser or that the Offer to Purchase contain a warrantee by the Seller that he/she has not made any alteration or addition to the electric fence system.