When a house is sold in South Africa, the seller is usually the person who must obtain the Electrical Certificate of Compliance. The buyer receives it. The conveyancer checks that it is in place before transfer.
The seller is normally responsible
In a standard sale, the seller must:
- arrange the inspection
- pay for the certificate
- pay for any repairs needed so the installation can pass
- give the certificate to the transferring attorney
The offer to purchase usually says the seller provides a valid Electrical Certificate of Compliance. If it does not say otherwise, treat it as the seller’s job.
The buyer can take it on
The buyer can agree to obtain or pay for the certificate. That must be written in the offer to purchase. It is less common. If it is not written down, do not assume the buyer is responsible.
Why the seller has to provide it
A change of ownership needs a valid Electrical Certificate of Compliance for the fixed installation. Conveyancers will not usually proceed without it. A missing certificate can delay transfer. In some cases the buyer can delay or walk away if the sale agreement required it.
The certificate must cover the installation as it stands. If work was done after the last certificate, a new inspection or a supplementary certificate is needed. Conveyancers usually want one issued within the last two years.
If the seller does not provide it
Transfer can stall. The seller can be in breach of the sale agreement. There can also be a duty under the Occupational Health and Safety Act to have a valid certificate for the installation.
Sort the inspection early. Repairs, if needed, take longer than the inspection itself.
Phallies inspects and issues Electrical Certificates of Compliance for sellers in Pretoria, Centurion, Midrand and Johannesburg. Bookings: Lindie on 082 854 4540.
