The recent focus on the importance of obtaining a valid Electrical Compliance Certificate (ECC) has caused a fair amount of confusion and controversy.  However, as far as the homeowner is concerned, the legislation and requirements are straightforward.

“Before a home is marketed or sold, a complete inspection of all electrical installations is required by law,” says Jansen Snyman of Snymans Incorporated Attorneys.  “There has been confusion because the Electrical Installation Regulations form part of the Occupational Health and Safety Act (85 of 1993).  In terms of this act, property owners are ultimately liable to ensure that ECCs are obtained, that they are legal and that they have been issued by an appropriately qualified electrician.

“The Act is primarily concerned with the health and safety of employees in the workplace and as such many people believe that the regulations only apply to commercial property.  Regulations governing the ECC should be seen as a means of protecting not only the interests of employees but consumers, homeowners and the public in general.  The Electrical Installation Regulations specify that any owner, user or lessor of a building with an electrical installation should be in possession of a valid ECC.  An electrical installation is the set of wires and associated fittings, equipment and accessories installed in your home to convey, control, measure and use the electricity that is supplied by your local power company.”

To obtain an ECC, the electrical installation of a property should be tested to determine whether it is safe and complies with the current regulations.  The ECC assures a consumer or homebuyer that the electrical installations on a property or work performed on those installations, comply with the current regulations and that the required technical standards have been verified by an appropriately qualified and registered electrical worker.

All homebuyers are entitled to a valid ECC.  The certificate is an important part of the property transaction process.  Failure to ensure that a valid ECC is available could compromise the safety of individuals and property and could result in unexpected and costly electrical repairs.

“It is common practice for the seller to be required to provide an ECC to the purchaser.  The seller may have to instruct an electrician to effect repairs to the installation before the ECC can be issued.  If a householder does not obtain an Electrical Certificate of Compliance,” adds Snyman, “he/she remains responsible for ensuring that the electrical installations on the property are safe.  Should someone be injured in an accident relating to the electrical installations, the householder may be liable for both medical costs and damages and the resultant costs of having the installations repaired and re-inspected.  There are also several insurance implications in this regard.”

An ECC remains valid, and becomes transferable upon the sale of the property, if there are no alterations or additions to the electrical installation.  The certificate should be retained by the purchaser to hand to the next purchaser when the property is again sold.  If any alterations were made, a new ECC would have to be issued for the additional alteration after a re-inspection of the electrical installations by an accredited person in terms of the Act.

“In most property sale agreements the seller undertakes to obtain a new ECC even where no alterations or additions to the existing electrical installations have been effected since the issue of a previous certificate.  A lessee of property can also request the lessor or estate agent to show him/her the ECC prior to signing the lease and would be well advised to do so before taking occupation of the property.  The user or lessor of the property is required to have a valid certificate.  Copies should be given to the attorney and estate agent involved in the transaction,” says Tony Ketcher, managing director of Seeff Properties Randburg.  “A standard contract of sale will contain a specific clause relating to the ECC.”

“Failure to produce a certificate will constitute a breach of contract and the affected party may recover damages or take any recourse that the contract or common law allows,” adds Snyman.

“The estate agent needs to ensure that the clause is in the contract and that the seller understands his responsibilities in this regard,” says Ketcher.  The owner or seller of the building should be in possession of a valid certificate.  The estate agent merely acts on behalf of the owner regarding the selling and marketing of the property and therefore cannot personally be held liable.  Estate agents need to ensure that owners have valid certificates of compliance before commencing with the marketing of their properties.”

An ECC may only be issued by an accredited person.  The Gauteng Electrical Inspection Authority (GEIA) is a public protection body.  GEIA's independence assures consumers that all installation work done by a GEIA approved electrician will meet electrical safety requirements.  GEIA can be contacted on www.geia.co.za.  In the current procedure of inspection, a visual inspection of all electrical installations is conducted, followed by an inspection of non-visible installations, utilising instrumentation.  The report should specify and record all the components, positions and aspects of an installation.  Faults that do not comply with safety regulations are identified, and must be repaired and re-inspected, before an ECC can be issued.

Apart from the legal requirements for electrical safety, Government statistics indicate that incidents of electrical fires and electrocutions are on the increase and that a percentage of these are directly due to old or faulty wiring or installations.  Many homes in South Africa are old and may have been altered many times over the years making it crucial for homeowners to check the condition of their electricity installations.  Even brand new homes can have incorrectly installed or faulty wiring.  All property owners should ensure that their electrical installations are safe and that they comply with the current regulations.

For further information, please contact:  

Tony Ketcher: Director - Seeff Properties Randburg
Tel:                         476-3536 
Cell:                       083 307 8083
E-mail:                   This email address is being protected from spambots. You need JavaScript enabled to view it.
Web site:                www.seeff.com

Issued by: Estelle van Staden - FVS Marketing and PR
Cell:                       083 267 1669
Tel:                         (011) 791-2886
Fax:                        (088) 791-2886
E-mail:                   This email address is being protected from spambots. You need JavaScript enabled to view it.