SELLERS - ELECTRICAL WIRING CERTIFICATE
The issue
of an Electrical Compliance Certificate, with effect from from 1 May 2009, is
covered under the Occupational Health and Safety Act No 85 of 1993 which is
administered by the Department of Labour. Initially established for workplace
safety but has been extended to residential dwellings.
In short, before a home is marketed or sold, a complete inspection of all electrical installations is required by law. In terms of this act, property owners are ultimately liable to ensure that ECCs are obtained, that they are legal and that they have been issued by an appropriately qualified electrician. The Electrical Installation Regulations specify that any owner, user or lessor of a building with an electrical installation should be in possession of a valid ECC.
To obtain an ECC, the electrical installation of a property should be tested to determine whether it is safe and complies with the current regulations. The ECC assures a consumer or homebuyer that the electrical installations on a property or work performed on those installations, comply with the current regulations and that the required technical standards have been verified by an appropriately qualified and registered electrical worker.
All homebuyers are entitled to a valid ECC. The certificate is an important part of the property transaction process. Failure to ensure that a valid ECC is available could compromise the safety of individuals and property and could result in unexpected and costly electrical repairs as well as severe insurance implications.
An ECC remains valid, and becomes transferable upon the sale of the property, if there are no alterations or additions to the electrical installation. The certificate should be retained by the purchaser to hand to the next purchaser when the property is again sold. If any alterations were made, a new ECC would have to be issued for the additional alteration after a re-inspection of the electrical installations by an accredited person in terms of the Act.
It is however common practice for the seller to obtain a new ECC even where no alterations or additions to the existing electrical installations have been effected since the issue of a previous certificate. Buyers should insist on this or at the very least, a certificate no older than six months.
Ensure your Offer to Purchase includes the necessary clause to accommodate this. Also note that any repairs costs necessary for compliance are for the seller’s account.
Additional notes :
In short, before a home is marketed or sold, a complete inspection of all electrical installations is required by law. In terms of this act, property owners are ultimately liable to ensure that ECCs are obtained, that they are legal and that they have been issued by an appropriately qualified electrician. The Electrical Installation Regulations specify that any owner, user or lessor of a building with an electrical installation should be in possession of a valid ECC.
To obtain an ECC, the electrical installation of a property should be tested to determine whether it is safe and complies with the current regulations. The ECC assures a consumer or homebuyer that the electrical installations on a property or work performed on those installations, comply with the current regulations and that the required technical standards have been verified by an appropriately qualified and registered electrical worker.
All homebuyers are entitled to a valid ECC. The certificate is an important part of the property transaction process. Failure to ensure that a valid ECC is available could compromise the safety of individuals and property and could result in unexpected and costly electrical repairs as well as severe insurance implications.
An ECC remains valid, and becomes transferable upon the sale of the property, if there are no alterations or additions to the electrical installation. The certificate should be retained by the purchaser to hand to the next purchaser when the property is again sold. If any alterations were made, a new ECC would have to be issued for the additional alteration after a re-inspection of the electrical installations by an accredited person in terms of the Act.
It is however common practice for the seller to obtain a new ECC even where no alterations or additions to the existing electrical installations have been effected since the issue of a previous certificate. Buyers should insist on this or at the very least, a certificate no older than six months.
Ensure your Offer to Purchase includes the necessary clause to accommodate this. Also note that any repairs costs necessary for compliance are for the seller’s account.
Additional notes :
- An electrical inspection is not done to check that things work. It is done to ensure the reasonable safety of the installation.
- Many complaints/disputes can be avoided if a more detailed Offer to Purchase is completed.
- An important point to note is that, unless specified elsewhere in the Sale Agreement, fixed appliances, anything off a plug top, extension cord or that plugs in, falls under the “voetstoets” clause and is not covered by the Electrical Compliance Certificate.
- Pool lamps and other lamps and light bulbs are not covered.
- A contractor cannot be held responsible for any nuisance tripping which may occur once a faulty earth leakage unit has been replaced or a new one installed or when circuits are restored onto the earth leakage system.
- In order
to prevent unnecessary problems, ensure that the process of obtaining a C.O.C.
is completed before commencing any alterations to the property.
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