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Is your electric fence legal?

by Michelle Fiorentinos

In terms of the Electrical Machinery Regulations of 2011, issued under the Occupational Health and Safety Act 85 of 1993, every lessor or user of an electric fence system must be in possession of an electric fence system compliance certificate.

This additional compliance certificate will therefore be a requirement where immovable property is being transferred.

The new regulations will be applicable to property that was sold after 1 December 2012 as well as property that was sold before 1 December 2012 but which has not been registered in the name of the purchaser.

According to the regulations, an electric fence is classified as “an electrified barrier consisting of one or more bare conductors erected against the trespass of persons or animals coupled with electrical machinery arranged so as to deliver a periodic non-lethal amount of electrical energy to an electric fence connected to it”.

An electric fence system compliance certificate can only be issued by a registered electric system installer who is registered with the Department of Labour and in possession of a certificate of competence.

This compliance certificate is transferrable from the seller to the purchaser and a new compliance certificate will therefore not be required when property is being transferred unless an addition or alteration was affected to the electrical fence system.

It is therefore important to make sure, where applicable, that provision has been made in the deed of sale for an electric fence system compliance certificate.

Written by Driske Olivier

19 February, 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.**