The Ugly Truth About Those Compliance Certificates
Category Legal
Many Purchasers and Sellers enter into Sale Agreements, assuming that certain defects will be attended to when compliances certificates are issued. However, they find out afterwards that many items and areas are not covered, resulting in the beginning of a time-consuming and costly process of "who was aware of what" and "who is liable for what..."
To save our purchasers and sellers some time, Pieter de Swardt & Liezel Traut compiled a list of Frequently Asked Questions:
- Does the wendy house & wooden pool deck have to comply with a beetle certificate too?
- Is my pool & pool pump covered by the electrical and plumbing certificate?
- Is my electrical certificate still valid if the Seller takes down lights after the certificate has been issued?
- Is a jacuzzi, air-conditioner, underfloor heating, bore-hole, irrigation & stove covered by the electrical and plumbing certificate?
- How long are these certificates valid for?
There are 5 compliance certifications in total:
- Electrical Compliance Certificate
- Plumbing Compliance Certificate
- Beetle Compliance Certificate
- Gas Compliance Certificate (dependent on property)
- Electrified Fencing Compliance Certificate (dependent on property)
Keep in mind that 2 of the certificates are dependent on the property and will not be required if the property does not have a gas bottle or electrified fencing.
WHAT IS COVERED BY THE ELECTRICAL COMPLIANCE CERTIFICATE?
- Essentially the electrical certificate covers the permanent electrical installation which includes all the cables from the mains incoming point to the main distribution board.
- Everything in the main distribution board and any sub boards, circuit breakers, earth leakage etc.
- All the cabling from the distribution boards to switches and plugs, including the wall plugs and light switches, through to the connection at the lights.
- It further includes all circuits and wiring to any fixed appliances, even if they are plugged into a wall socket, but it does not include the actual appliance itself.
- The earthing system and connectivity throughout the installation.
- The electrical certificate also includes the positioning of electrical equipment, e.g. light switches and plugs may not be within a certain distance of taps (unless they are protected by the earth leakage unit), shower, baths etc. The mains switch must be accessible and lower than 2.2m from the floor so that it can be easily reached and operated in case of emergencies.
- All electrical equipment in the installation must be approved, SABS or other relevant approvals, and be of the correct type and rating for the application.
- All electrical equipment must be installed in an approved manner, must be securely attached in place, and suitably protected from young children gaining access.
- All parts of the permanent electrical installation must be in good working order, including safety features.
- The electrician will also take various readings to ensure that voltages, insulation, earthing, and other values are within requirements.
An electrical compliance certificate is valid for 2 years, for the purpose of the transfer. However, because the electrical certificate does not cover maintenance related defects, caution should be exercised when considering whether to use a certificate that is older than 6 months. If an older certificate is used, the purchaser should be made aware of this and approve this in writing.
WHAT IS COVERED BY THE PLUMBING COMPLIANCE CERTIFICATE?
- The hot water cylinder is plumbed correctly, PRV (pressure reducing valve) of the correct value, vacuum breakers correctly installed, emergency overflow installed with a metallic pipe, all overflows to be plumbed to the outside and discharge to atmosphere.
- The water meter registers when a tap is open and stops completely when all taps are closed. If there is movement on the meter with all taps closed, this points to a leak somewhere on the property.
- None of the terminal water fittings leak, when they are in the OFF position, and they are correctly fixed in position.
- No storm water is discharged into the sewerage system.
- There is no cross connection between the potable supply and any grey water system which may be installed.
- The private isolating valve (main stopcock) is in place and functioning.
- The water pipes in the plumbing installation are properly saddled.
There is no specific time period that the water certificate is valid for. This is because a leak can start at any time. The water certificate is not transferable, meaning that it cannot be used for 2 subsequent transfers, even if they are close together.
WHAT IS NOT COVERED BY THE PLUMBING COMPLIANCE CERTIFICATE?
- Any leaks on waste pipes. Leaks on waste pipe from sinks, baths, showers, and toilets are not covered by the water certificates.
- Geysers older than 2006 do not require drip trays.
- Mixer taps, toilets, washing machines, etc. do not require stopcocks for a certificate to be issued.
WHAT IS COVERED BY THE BEETLE CERTIFICATE?
- The beetle certificate is not a legal requirement, but it is often required by the lending institution issuing the Bond on the property as they need to know that their investment is not going to collapse due to a potentially weakened roof structure. Many financial institutions are now requesting a beetle certificate before a Bond is approved.
- There are also no specific legal requirements, or standards, detailing exactly what a Beetle Inspector should check for in order to be able to issue a beetle free certificate, hence why the industry currently relies on the contractual clause (Beetle Clause) in each specific Deed of Sale contract as their guideline, and these can vary dramatically.
- It is therefore very important that both Seller & Purchaser are familiar with what is required by the "Beetle Clause" in the contract they are signing and the potential financial and practical implications thereof.
- Unfortunately, not all Deed of Sale contracts contain the same requirements in their Beetle Clause in terms of what must be checked for and where on the property. Some contracts may specify timber in the main structure, or dwelling only, while others may specify all and any timber on the entire property, which would then include wendy houses, wooden fences, gates etc. Wendy houses, sheds, fences, etc. can be excluded from the structures to be inspected because these do not present a threat to the lending institution.
- Beetle Clauses can also differ in terms of what should be inspected for, with some being rather vague and calling for the eradication of "all wood destroying organisms" which would then also include dry and wet rot along with a multitude of other issues, while other contracts are very clear and specific in naming the exact wood borer beetles that need to be inspected for. Therefore, it is a good idea to have your sales contract "Beetle Clause" available at the time of the inspection for the Beetle Inspector to confirm what is required in each case.
A beetle certificate is valid for 6 months.
WHAT IS COVERED BY THE GAS COMPLIANCE CERTIFICATE?
Outside placement of gas cylinders for hobs, geysers, fireplaces (external gas installation):
- According to SANS 10087, the gas regulations state where a bottle can or can't be placed and how an installation may be completed.
- The gas cylinders cannot be placed closer than 1m to a door, window, or airbrick.
- Gas cylinders cannot be placed closer than 2m to an open drain or manhole where the gas can gather if the bottle leaks.
- Gas cylinders cannot be placed closer than 5m to an electrical point such as a DB board, motor, generator, pool pump etc.
- Gas cylinders cannot be placed underneath a window unless the window is no less than 3m above. This distance can be reduced to 300mm if a non-combustible roof is placed between the window and the cylinder/s.
- Gas cylinders cannot be placed closer than 1m to a boundary wall, unless the wall is a double brick "firewall" greater than 1.8m tall, with no ventilation gaps in the wall.
- Gas cylinders may not be placed in a garage.
Gas connection to hob from the cylinders outside:
- Wall sockets are to be at least 200mm either side of the cooking top.
- The isolation switch must be at least 200mm away from the cooking top.
- No plug points to be placed in the cupboard directly underneath the hob or cooking top.
- The electrical connection for the ignition is to be connected directly. It cannot be plugged in.
Inside placement of gas cylinder for hob (gas installation in cupboard):
- Gas cylinder cannot be installed above the cooking or heating appliance.
- Gas cylinder cannot be installed in pantries or other places for food storage.
- Adequate ventilation in the cupboard door must be ensured.
- No electrical connections or plug points to be installed in the same cupboard as the gas cylinder.
- The gas cylinder cannot be closer than 300mm from a free-standing gas stove.
A gas certificate has no specific period of validity. Installations need to be inspected at least every 5 years and certain components must be replaced after 5 years, even if they are still in good condition. A new gas certificate is required for each transfer. The pressure equipment regulations state, "An authorised person or an approved inspection authority shall issue a certificate of conformity after completion of a gas installation, modification, alteration or change of user or ownership."
LEGAL REQUIREMENTS FOR ELECTRIFIED FENCING
(SANS 60335-2-76 - South Africa)
- Wall height: Minimum wall height of private property to be secured - 1.5 metres.
- Brackets: Upright brackets may be used without any height restriction.
- Angled brackets: Brackets can be angled at no more than 45 degrees out and are to be installed on the inside of the boundary wall.
- Neighbours: It is not permissible to angle brackets into a neighbour's property without their knowledge or consent.
- Hazard: Electrified fences are to be installed and operated so that they cause no electrical hazard or entanglement to persons or animals.
- Barbed wire or razor wire: These shall not be electrified by an energiser.
- Warning signs: Electric fencing installed along a public road or pathway shall be securely identified with YELLOW WARNING SIGNS (100 X 200 cm) at intervals not exceeding 10 metres. All gates and access points to have warning signs.
- Electrified gates: To be capable of being opened/closed without the person receiving a shock.
An electrified fencing certificate is valid for 2 years.
Our final advice would be as follows:
Purchasers: Get copies of those certificates and scrutinise it carefully before registration.
Sellers: You can exclude certain items on the contract from the fixtures and fittings of the property, and this needs to be done right from the start. For example, even though there is an air-conditioner in the lounge, it is not in working condition. Therefore, you can exclude it from the sale in Annexure B of the contract. Why do this? Because, when it comes to the quote for the certificates, you are obliged to repair items, as it is a requirement in order for the compliance officer to issue the certification.
Read more about Certificates of Compliance, Home Inspections, and the Importance Thereof!
Author: Louw & Coetzee Properties
