Electrical COCs in South Africa: Information for Landlords, Estate Agents, and Tenants
SAPAC ReporterCan a Tenant Insist on an Electrical Compliance Certificate (CoC)? Your Rights and Obligations
Prepared by : SAPAC Reporter
Article Classification: Information
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Property rentals, tenants and landlords
In the world of property rentals, tenants and landlords share specific rights and responsibilities. Among these, the safety of the property, particularly regarding electrical systems, is paramount. In this article, we will delve into whether a tenant can demand an electrical compliance certificate and explore the legal framework governing this issue.
Understanding the Legal Landscape of Electrical Certificates of Compliance
Legal Requirement for Electrical Inspections
There is a legal requirement obligating to electrical inspections before leasing a property. However, it's crucial to remember that compliance with regulations is non-negotiable, and contracts cannot bypass these safety standards.
Electrical Compliance Certificate under OHASA
The necessity for a property owner to possess an electrical compliance certificate is overseen by the Electrical Installation Regulations stipulated under the Occupational Health and Safety Act No. 85 of 1993, often referred to as "OHASA."
Key Points About Electrical Compliance Certificates
Certificate Validity Period
An electrical compliance certificate remains valid for the lifetime of an electrical installation unless there are any electrical modification or electrical alterations performed . In such an instance a supplementary Electrical Certificate of Compliance (CoC) must be issued by a registered electrical contractor. Be sure to contact SAPAC professionals and contractors to find out more in the correct selection of your electrical contractors.
Mandatory Electrical Certificates of Compliance for Users and Lessors
As per the electrical regulations, every property user or lessor must be equipped with an electrical certificate of compliance, alongside a corresponding test report in an approved format. This legal requirement ensures the safety of those residing or renting the property. Importantly, this requirement implies that a lessee should receive an Electrical Certificate of Compliance (COC) when taking occupancy and provide one to the lessor upon vacating the premises. This measure takes into account potential alterations or additions by tenants, such as solar installations or other electrical modifications.
Electrical Modifications and Additions
Should alterations or additions occur to the electrical installation post-issuance of the certificate, obtaining a new certificate of compliance becomes mandatory. This provision guarantees that any electrical changes adhere to safety standards.
Change of Ownership or new tenant
Electrical Regulations explicitly prohibit transferring property ownership if the compliance certificate is over two years old. This underscores the importance of maintaining safe electrical installations in rental properties. Hence, when a tenant vacates, they should provide a COC to the lessor, who must conduct a thorough inspection aligned with the said electrical regulations.
Implications for Tenants and Landlords
Tenant's Right to Request an Electrical Compliance Certificate
Tenants possess the right to ensure their safety when residing in a rental property. Consequently, when moving into a new dwelling or commercial space, tenants should be furnished with an Electrical Certificate of Compliance (CoC) along with the keys.
Landlord's Legal Responsibility
If a tenant requests a valid electrical certificate of compliance (CoC), the landlord is legally obliged to provide it. This provision acts as a crucial safeguard, ensuring the property's electrical installation complies with safety standards.
Estate Agent Obligations
Estate agents share the obligation to guarantee the acquisition of a valid Electrical Certificate of Compliance (CoC). Attempting to negotiate the cost of this certificate with electrical contractors is strongly discouraged, as the pricing is standardized."If bartering on a legal certificate as a legal requirement is performed there is a strong indication that something is amiss - Electrician"
Electrical Certificates of Compliance
Legal Electrical Certificates of Compliance (CoC) costs start at around R2,500.00 and vary depending on the property's size. Certified electrical contractors conduct compliance inspections according to electrical regulations and in line with SANS requirements, importantly, they legal electricians will also inspect inside the roof. Any issues detected must and should be rectified in accordance with the Electrical Installation Regulations and applicable SAN standards.
Important factors
Electrical safety significantly impacts a property's value. Property owners must adhere to OHASA regulations, ensuring the validity of electrical compliance certificates and providing them upon tenant request. Tenants should exercise their right to demand these certificates to ensure their safety in rented accommodations. This collaboration between tenants, landlords, and estate agents is pivotal in maintaining secure and compliant rental properties. And trying to negotiate lower prices for an electrical certificate of compliance should indicate an underlying issue.
Also Read: SAPAC Guide to Electrical Certificate of Compliance
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