Certificates Of Compliance In A Property Transaction

Electrical

  • Certifies that the electrical installation on the property complies with the required safety standards.
  • Certificate does not cover fixed appliances such as Geysers & Stoves, motors & fans, under floor heating or Pool motors.
  • Governed by the Occupational Health & Safety Act.
  • The certificate must not have been issued more than 2 years prior to the transfer date, provided there have been no modifications to the installation since being issued.
  • Parties cannot contract out of this or agree to waive the requirement; however, they may agree that the
  • responsibilities in respect of the installation be transferred from the seller to the purchaser (where the purchaser is
  • undertaking a big renovation after transfer).
  • Regulations state property owner may not allow the transfer of ownership without the certificate. Parties may however agree in the Agreement of Sale that it is the purchaser’s responsibility to obtain it, provided it is done before transfer.

ELECTRIC FENCE

  • Certifies that the electric fence installation complies with the required safety standards and that it’s in good working order;
  • An electric fence COC verifies that the electrical work on the electric fence is up to date with the regulations required by the South African National Standards (SANS 10222-3:2012).
  • Governed by the Occupational Health & Safety Act.
  • There is no mention in the legislation of the certificate being valid for a fixed time period once issued (unlike electrical certificates) and once obtained it can be transferred from one owner to the next provided of course the agreement of sale does not specify a time period and provided there were no alterations to the installation after the certificate was issued.
  • It is however accepted practice that the certificate is valid for 2 years from the date of issue.
  • Parties can contract out of this or agree to waive.
  • Applies to sectional title property where the body corporate is selling its property.

GAS

  • A Gas Certificate of conformity is needed to ensure that the gas installation is safe, up to standard and leak-free;
  • Governed by the Occupational Health & Safety Act.
  • No set period of validity. A new certificate must be obtained every time there is a change of ownership.
  • Parties cannot contract out of this or agree to waive.
  • Seller is required to obtain the certificate prior to transfer. Best for the inspection and remedial work to be carried out asap after the deal is concluded due to bank and bond requirements and obviously  prior to purchaser moving in. However, the  parties can agree it is the purchaser’s responsibility to obtain.

BEETLE

  • Certifies that the accessible wood of permanent structures on the property are free from certain wood-destroying beetles.
  • Not governed by any law, but a practice that has evolved over the years.
  • Parties agree contractually on the validity period of the certificate once issued.
  • Parties can contract out of this; however, if parties agree that no certificate is necessary and bank requires it for purchaser’s bond, then that is for the purchaser’s expense.
  • Seller is required to obtain the certificate prior to transfer. Best for the inspection and remedial work to be carried out asap after the deal is concluded due to bank and bond requirements and obviously prior to purchaser moving in, however, the parties can agree it is the purchaser’s responsibility to obtain.

WATER/PLUMBING

  • Certifies that the water installation at the property is in line with municipal and building guidelines.
  • Governed by the City of Cape Town water by-law. Only applicable to transfers within the municipal jurisdiction of the City of Cape Town.
  • No set period of validity. A new certificate must be obtained every time there is a change of ownership.
  • Parties cannot contract out of this or agree to waive.
  • Seller is required to submit the certificate to the City of Cape Town prior to transfer.