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Compliance Certificates and Transfer of Property

by Molisa Cheda

There are now 5 compliance certificates that must be obtained before a transfer of property is registered, namely Electrical, Electric Fence, Gas, Water / Plumbing and Beetle Certificates. The following table sets out further information regarding these certificates.

Certificate Description Governing Law Period of validity Can parties contract out of the certificate requirement?
Electrical Certifies compliance of electrical installation with required safety standards Occupational Health and Safety Act Must be issued within two years prior to transfer date No
Electric Fence Certifies compliance of electric fence installation with required safety standards Occupational Health and Safety Act No set period of validity. A new certificate is necessary only if a change was made to the installation after the issuance of the current certificate Yes
Gas Certifies compliance of gas installation with required safety standards Occupational Health and Safety Act No set period of validity. A new certificate is required with every change of ownership No
Water / Plumbing Certifies compliance of water installation with municipal and building guidelines City of Cape Town water by-law No set period of validity. A new certificate is required with every change of ownership No
Beetle Certifies absence of certain wood-destroying beetles from the accessible wood of permanent structures Not governed by law, but has become a practice over the years As stated in the contract Yes

These certificates apply to both conventional and sectional title property.

Written by Molisa Cheda.

29 July, 2013

**Please note that these comments are summarised, may not be applicable to your particular situation and do not constitute legal advice. Please consult your legal professional should you wish to obtain a formal legal opinion.**