Electrical certificates: the latest news



Electrical compliance certificates have been part and parcel of the property selling process for nearly a decade. Since 1994, sellers have been required to provide their purchasers with certificates to state that the electrical installations on their properties comply with government safety standards. If a seller can't produce a certificate, an inspection and, if necessary, repairs, are carried out to obtain one. This is usually done during the period between sale and transfer. In recent weeks, you may have heard about "new legislation" concerning certificates. "Legislation" is perhaps not the best label to use to describe the changes, but whatever you wish to call them, estate agents need to know about them. There are two significant developments: a new SABS code, and proposals for a new set of electrical installation regulations. The SA Bureau of Standards has issued a new code of safety standards to which electrical installations have to conform. Inspections are now supposed to be carried out according to that code and, we are told, they are likely to cost the seller more because they involve more work. Like any other price increase, that's a great pity, but we have no say in it and it's already a fait accompli. However, we do have a say in the second change, which is the drafting of a new set of regulations to replace the existing ones. They were published for comment a few weeks ago, and we have already submitted our comments to the authorities. Here are the main points which concern our industry: • property owners will be responsible for the safety of the electrical installations on their properties (but landlords will be able to transfer this responsibility to their tenants, if the tenants agree) • property owners, except for certain exemptions, must have compliance certificates at all times, and be able to produce them on demand to official inspectors • a seller must have a compliance certificate before he puts his property onto the market (it would be an offence to market a property that did not comply with safety standards) • estate agents must ensure that sellers and landlords have valid certificates before concluding sales or leases (likewise, banks must check certificates before granting loans): we have objected to estate agents being used as watchdogs • a board will be set up to register electrical contractors, and control the issue of compliance certificates by means of a serial-numbering system: we have suggested that this board should also lay down and enforce a code of conduct for contractors. The closing date for comments is 12 July. It will no doubt take some months for the final version of the regulations to be approved and published. In the meantime, the existing regulations remain in place and, as we see it, the status remains quo except for the new SABS code.