Electrical Compliance Certificate
Electrical Installation Regulations (2009):
- Every user or lessor as the case may be shall have a valid Certificate of Compliance for the electrical installation he or she uses or leases.
- The Certificate of Compliance shall be in the format of Annexure 1 and shall be accompanied by a test report in the format approved by the Chief Inspector.
- Only a Registered Person shall issue a Certificate of Compliance after he/she has inspected and tested the electrical installation and;
- If at any time prior to the issuing of a certificate of compliance any fault or defect is detected in any part of the electrical installation, the registered person shall refuse to issue such certificate until that fault or defect has been rectified.
- Any person who undertakes to do electrical installation work shall ensure that a valid certificate of compliance is issued for that work.
- If an inspector, an Approved Inspection Authority (AIA) for electrical installations or supplier has carried out an inspection or test and has detected any fault or defect in any electrical installation, that inspector, approved inspection authority for electrical installations or supplier may require the user or lessor of that electrical installation to obtain a new certificate of compliance.
It is important to note that incorrectly completed certificates of compliance will render the document invalid and that all required information must, therefore, be completed.
All individual unit owners (as Users) are required to comply with the above legislation and be in possession of VALID certificates of compliance for the unit. If the owner is a Lessor, then the same requirements still apply and unless a written agreement is entered into between the Owner (as lessor) and the user (as lessee) whereby responsibility for a VALID Certificate of Compliance has been transferred to the lessee, then the lessor remains responsible.
Body Corporates of Sectional Title developments are responsible for ensuring that VALID certificates of compliance have been issued for all ‘common areas” and that copies of these Certificates of Compliance have been made available to Unit Owners as co-owners of the common area. In terms of property sales, Certificates of Compliance are required to be produced for both the Unit involved as well as the common area.
Current legislation also requires that Certificates of Compliance be issued for all electrical additions, alterations or modifications including electrical maintenance work. Failure to comply will render responsible persons liable to criminal prosecution. It should also be remembered that Insurance Companies could repudiate any claims relating to electrical fires etc. where no valid Certificates of Compliance have been issued.
Body Corporates need also be aware that a Certificate of Compliance for the Electric Fence installation, where applicable, are issued and are VALID.
Managing Agents as mandataries of Body Corporates also have legal responsibilities to ensure that Electrical Regulations and Compliance requirements are met.
Letting of property
Lessors are required to comply with the above legislation and be in possession of VALID certificates of compliance for the properties that they lease. Unless a written agreement is entered into between the Owner (as lessor) and the user (as lessee) whereby responsibility for a VALID Certificate of Compliance has been transferred to the lessee, then the lessor remains responsible.
Letting Agents as mandataries of Lessors also have legal responsibilities to ensure that Electrical Regulations and Compliance requirements are met.