An overview on compliance certificates

An overview on compliance certificates

Once a sale agreement has been concluded, there is an obligation on the seller to provide various compliance certificates to the purchaser which ensures that specific installations on the property meet the required standards as prescribed by law. There are several misconceptions as to exactly what these certificates cover and when they are required so in this article, we aim to shed some light on these issues and address some frequently asked questions which we receive from both sellers and purchasers. 

  1. Water compliance certificate

What is the purpose?

The purpose of this compliance certificate is to prove that the water installation on the property complies with the City of Cape Town’s water by-law and building guidelines. This essentially ensures that no clean water goes to waste. 

When is it required?

This compliance certificate is only applicable to transfers within the City of Cape Town municipal area. A new water compliance certificate is required every time there is a transfer of ownership.

Whose responsibility is it to obtain?

It is the seller’s responsibility to obtain this certificate prior to transfer.

What is not covered?

The are only seven checks that are conducted during the inspection and provided that the plumbing installation complies with these seven points, the inspector is obliged to issue a certificate and cannot compel the seller to rectify plumbing issues over and above the following seven checks:

  1. The Hot Water Cylinder installation complies with SANS 10252: and SANS 10254.
  2. The water pipes in the plumbing installation (especially within the roof space) are properly saddled as per SANS 10252.
  3. The water meter records the flow when water is drawn, and does not register when consumption stops.
  4. The private isolating valve as per subsection 23(2) (a) or (b) is in place and functioning.
  5. None of the terminal water fittings leak and they are correctly fixed in position.
  6. No stormwater is discharged into the sewerage system.
  7. There is no cross connection between the potable supply and any alternate supply.

Accordingly, this certificate does not guarantee that the entire plumbing installation on the property is in order. Examples of issues which are not covered would include: low water pressure; leaking water at the sink, toilet or shower outlets; blocked drains; connections to appliances that leak when they are switched on, etc.

  1. Electrical compliance certificate

What is the purpose?

The purpose of this compliance certificate is to prove that the electrical work and installations on the property are operational, comply with regulations and are deemed safe in terms of the Occupational Health and Safety Act.

When is it required?

A valid electrical compliance certificate is required to transfer property. An electrical compliance certificate is valid for a period of 2 years, provided no alterations or work have been done to the installation during that period. Accordingly, if you are still in possession of a valid electrical compliance certificate at the time of transfer, you will not be required to obtain a new one.

Whose responsibility is it to obtain?

It is generally the seller’s responsibility to obtain this certificate prior to transfer however the parties may agree contractually to shift this obligation to the purchaser if, for instance, the purchaser is attending to renovation work on the property.

What is not covered?

The electrical compliance certificate essentially ensures that the electrical supply from the mains to the place of usage is safe and in working order and therefore does not guarantee that fixed home appliances such as: stoves, ovens, aircons and alarms, are in working order.

  1. Electric fence compliance certificate

What is the purpose?

The purpose of this compliance certificate is to prove that the electrical installation of the electric fence is compliant with the regulations of the Occupational Health and Safety Act.

When is it required?

A valid electric fence compliance certificate is required to transfer property. An electric fence compliance certificate is valid indefinitely, provided there has not been any alterations or modifications to the installation. Accordingly, a seller is not required to obtain a new compliance certificate prior to transfer if they are already in possession of a valid electric fence compliance certificate, and provided that the regulations have not been amended.

Whose responsibility is it to obtain?

It is generally the seller’s responsibility to obtain this certificate prior to transfer however the parties may agree contractually to shift this obligation to the purchaser if, for instance, the purchaser intends to make alterations to the existing installation. In respect of transfers of sectional title properties or within Home Owners Associations, the seller generally obtains this certificate from the body corporate or Home Owners Association.

  1. Gas compliance certificate

What is the purpose?

The purpose of this compliance certificate is to prove that the gas installation on your property is safe and leak free as regulated by the Occupational Health and Safety Act.

When is it required?

A new gas compliance certificate is required every time there is a transfer of ownership, regardless of how old the existing certificate is.

Whose responsibility is it to obtain?

It is the seller’s responsibility to obtain this certificate prior to transfer.

  1. Beetle compliance certificate

What is the purpose?

The purpose of this compliance certificate is to prove that the accessible wood of permanent structures on the property are free of any infestation of wood-destroying organisms.

When is it required?

This compliance certificate is not required in terms of any law, however it is often required by banks for the purposes of granting the purchaser a mortgage bond. This compliance certificate is therefore only required if it has been agreed to contractually between parties.

Whose responsibility is it to obtain?

It is generally contractually agreed to that it is the seller’s responsibility to obtain this certificate prior to transfer should the purchaser’s bank require it for bond approval.

 

  • On January 26, 2024
  • 0 Comment