![](https://www.dotnews.co.za/Code//Uploads/Article/b64c8765-beb0-40d0-96d0-8e7b07e01320.jpg)
Property Insight: Alternative Power Supply Installations PART II – Certificates of Compliance
Property Practitioners are very well familiar with the Compliance requirements when selling property, and most sale agreements are already equipped with the necessary CoC (certificates of compliance) clauses covering;
Electrical and wiring – as per Electrical Installation Regulations, 2009 issued under the Occupational Health and Safety Act, 1993 (compulsory for all transfers)
Gas installation – as per Government Regulations No 734 of 2009 (compulsory for all transfers, if gas installation is present)
Beetle Infestations – in terms of Act 36 of 1947 / SANS Codes 0124 and 0204 (if applicable)
Electrical Fence – in terms of the Occupational Health and Safety Act, 1993 / SANS Codes 10222-3:2012) (compulsory for all transfers, if electrical fence is present)
Water installations – in accordance with the City of Cape Town Water Services By-law (Section 14(1)) and the Wastewater and Industrial Effluent By-law (Section 2(2)(a) (compulsory for all City of Cape Town transfers)
Due to the rather recent increase in APS installations, specific requirements in terms of compliance have not yet been linked to the transfer of properties where conveyancers are required to obtain a Certificate of Compliance before transfer can be registered.
Unlike an electrical CoC, which is a prerequisite for transfer, there is a risk of non-compliance when properties are dealt with where an APS is present.
There is some consolation though in knowing that all accredited installers of APS installations are required to issue a Certificate of Installation when an alternative power supply is installed, whether it is directly connected to the current distribution board, or not.
If no such Certificate of Compliance can be provided, it may be an indication that the installation is not entirely up to SANS standards and poses a possible health risk for the consumer.
Some may argue that such installation should be covered as part of the Electrical Certificate of Compliance, but in terms of current regulations, the electrician issuing the CoC is only required to inspect the electrical connection feeding power from the APS to the main power distribution network. It is not part of the electrical CoC to ascertain the working condition and installation of the actual APS. In the same manner where the electrical CoC is not responsible to ensure the working condition of any electrical appliance, but merely the safe and secure power supply to such appliance.
Therefore, the connection to the current power network of any installed APS is covered by the electrical CoC, and the installation of such APS should be covered by the CoC issued by the installer.
Regardless of the fact that the installation CoC is not yet a legal requirement for transfer, it is highly advisable that all Property Practitioners obtain such CoC from the client/installer while still in the negotiation process (before any property transaction takes place).
The lack of such certificate of compliance can be deemed a patent defect should the owner fail to present same, as it is a reasonable requirement for any installation of such nature to be accompanied by a Certificate of Compliance (similar to gas installations).
Therefore, even if not yet fully tested in court, it is good business practice for a Property Practitioner to protect the interest of their clients by gathering this information in the mandate process.
Bronwyn Scholtz
Attorney, Conveyancer & Notary (LPC No. 97847)
Professional Property Practitioner: NQF5 (PPRA No. 0486102)
Provided by Van Zyl Kruger
© DotNews. All Rights Reserved.