For the transfer of immovable property, several certificates of compliance are needed. Some of them (electrical certificates, electrical fence certificates) are required under national regulations; some (water certificates) under municipal by-laws; and some (beetle certificates) have become accepted practice –
Below is a schedule setting out the certificates required and the subtle nuances surrounding each of these certificates:
| SCHEDULE | ||||||
| Certificate Required | Legislation Applicable | Reason for Certificate | Validity | May Buyer Waive? | Issued By: | When Required: |
| Electrical | Occupational Health and Safety Act, 1993 Electrical Installation Regulations 2009 | Safety of the electrical installations on the property compliance with the South African National Standards 10142-1 | Two Years | Yes | A registered person in terms of Regulation 9 or 11 of the Electrical Installation Regulations, 2002 | Before registration of transfer |
| Electrical Fence | Occupational Health and Safety Act, 1993 – Regulation 12 of the Electrical Machinery Regulations | Safety of the electrical installation of an electric fence system | Two Years | Yes | A registered person in terms of Regulation 9 or 11 of the Electrical Installation Regulations, 2002 | Before registration of transfer |
| Gas | Occupational Health and Safety Act, 1993 – Pressure Equipment Regulations 2009 | That the gas system was inspected, that the leak test was performed and that the gas system is safe | As at date of Registration | Yes | A person registered with the Liquefied Petroleum Gas Safety Association of Southern Africa | Before registration of transfer |
| Beetle | Not a legal requirement | That the dwelling is beetle free | As at date of Registration | Yes | Usually an entomologist, but it will depend on agreement between parties | Before registration of the transfer |
| Water Installation Only in respect of property situated in Cape Town | City of Cape Town Metropolitan Municipality Water By-Law | The water installation conforms to the National Building Regulations; no defect in water system; the water meter registers; no discharge of stormwater | As at date of Registration | Yes | An accredited plumber | Before registration of transfer |
| Invasive Species | National Environmental Management: Biodiversity Act 2004 (Act 10 of 2004) and regulations promulgated there under | Prohibition of invasive species | As at date of Registration | Yes | A person appointed by Department of Environmental Affairs | Before registration of transfer |
Allen West
Property Law Consultant
+27 (0)12 346 1278
allen@tcpta.co.za
Author of The Practitioners Guide to Conveyancing and Notarial Practice 3rd Edition
