South African legal obligations for Conveyance attorneys, PPRA Agents and Home Owners
SAPAC ReporterSouth African legal obligations for Conveyance attorneys, PPRA Agents and Home Owners
Prepared by : SAPAC Reporter
Article Classification: Your rights as it relates to Electrical installations
Image courtesy: SAPAC Professionals and Contractors
Get in contact with SAPAC:
Besoek | Visit https://sapac.co.za/
📑 Complete Form: Link (PRESS HERE) FOR SAPAC
[GOEIE INFORMASIE] SLUIT AAN! https://bit.ly/JoinSAPAC
Areas: Southern Africa, Northern Cape, Western Cape, Cape Winelands, Free State, Gauteng, North West Province, Limpopo, Mpumalanga, Natal
Did you know that with SAPAC there are trusted firms, that complies with regards to these requirements. To get in contact complete the form above. Further down in the article is much more information for you.
South African News
Electrical Installations - Legal Rights Notice for Various Parties
This is to inform you of your legal rights and obligations concerning electrical installations, focusing on the Occupational Health and Safety Act No 85 of 1993 (OHSA) alongside the Electrical Installation Regulations, 2009 (EIR). This information is relevant to various parties involved in electrical installations, including:
- Conveyance attorneys
- Real Estate Firms and PPRA Agents (Estate Agents)
- Home Owner associations, Body Corporates, Business owners and Home owners
Key points for all to take note off:
Claims and legislation
Claims, related to electrical installation repairs or damages often involve transaction. These are through either "commission remuneration" or transactions like solar panel and inverter installations, electrical repairs or property purchases.
The Occupational Health and Safety Act 85 of 1993 (OHSAS) and the Electrical Installation Regulations (EIR) play a crucial role in these situations. Therefore it should be noted that when an electrical contractor refuse to fix an electrical installation they recognize an incident as classed in section 24 of the Occupational Health and Safety Act 85 of 1993. When this happens you have a duty of care towards your clientele to activate the Approved Inspection Authority. Before seeking legal council, without a proper authorized legal report.
Further to this an electrical contractor is well within their right to report such said electrical installation at once and to "flag" such installation and all parties involved. Proper electrical contractors diligently apply this duty of care.
Contractual considerations
If there is a formal contract in place, consider the legal obligations outlined in the agreement alongside the Occupational Health and Safety Act 85 of 1993 (OHSAS) and the Electrical Installation Regulation (EIR). Pay attention to breach clauses, timeframes and notification methods. Do refer to Section 37 of the (OHSAS)
Understanding your liability as:
- Conveyance attorneys:
Electrical Installation Regulations (EIR), prohibits the transfer of property without a certificate of compliance for the electrical installation and as such section 15(A) of the deeds registry stipulates:
(1) A conveyancer who prepares a deed or other document for the purposes of registration or filing in a deeds registry, and who signs a prescribed certificate on such deed or document, accepts by virtue of such signing the responsibility, to the extent prescribed by regulation for the purposes of this section, for the accuracy of those facts mentioned in such deed or document or which are relevant in connection with the registration or filing thereof, which are prescribed by regulation.
(2) The provisions of subsection (1) shall apply mutatis mutandis to any person other than a conveyancer—
(a) who is prescribed by regulation; or
(b) who is authorized by any other law to prepare a deed or other document for registration or filing in a deeds registry, and who has in accordance with the regulations prepared a deed or other document for registration or filing in a deeds registry.
(3) A registrar shall accept, during the course of his examination of a deed or other document in accordance with the provisions of this Act, that the facts referred to in subsection (1) in connection with the registration or filing of a deed or other document in respect of which a certificate referred to in subsection (1) or (2) has been signed, have for the purposes of such examination been conclusively proved: Provided that the a foregoing provisions of this subsection shall not derogate from the obligation of a registrar to give effect to any order of court or any other notification recorded in the deeds registry in terms of this Act or any other legal provision, and which affects the registration or filing of such deed or other document.
It is crucial for conveyance attorneys to establish that any COC has been obtained through legal means. Free from biased objectivity and "commission remuneration" through a diligent traceable process and that the electrical certificate of compliance conforms towards the applicable proper electrical contractor.
- 0 -
- Real Estate Principles and their PPRA Agents (Estate Agents)
The Property Practitioners Act 22 of 2019, in terms of section 67(1) and (67)3 (Chapter 10) - Consumer Protection.
Section 67(1)(2)(3)
(1) A property practitioner must-
(a)not accept a mandate unless the seller or lessor of the property has provided him or her with a fully completed and signed mandatory disclosure in the prescribed form; and
(b)provide a copy of the completed mandatory disclosure form to a prospective purchaser or lessee who intends to make an offer for the purchase or lease of a property.
(2) The completed mandatory disclosure form signed by all relevant parties must be attached to any agreement for the sale or lease of a property, and forms an integral part of that agreement, but if such a disclosure form was not completed, signed or attached, the agreement must be interpreted as if no defects or deficiencies of the property were disclosed to the purchaser.
(3) A property practitioner who fails to comply with subsection (1) may be held liable by an affected consumer.
It is crucial for Real estate principles and their PPRA Agents to establish corporate accountable structures that COC`s has been obtained through legal means. Free from biased objectivity and "commission remuneration" through a diligent traceable process and that the certificate of compliance conforms towards the applicable proper contractor for the said installation.
- o -
- Home Owner associations, Body Corporates, Business and Home owners
At all times in terms the User/Lessor is responsible for the safe operation of the electrical installation regulation in terms of Electrical Installation Regulation 2 and must be in possession of a valid certificate of compliance in terms of Electrical Installation Regulation 7(1). This must be further read with Section 9 of the Occupational Health and Safety Act as set out above.
Be advised that there in some instances can be a difference between the User/Lessor and/or owner but that the User/Lessor has the legal accountability in terms of the law.
Section 9 of the OHSA dictates that employers and self-employed individuals must conduct their work to minimize health and safety risks for themselves and others potentially affected by their activities. The definition of "employer" in the OHSA is broad and may extend beyond traditional employment scenarios.
According to EIR 2, the User/Lessor is always responsible for the electrical installation's safe operation and must possess a valid certificate of compliance (EIR 7(1)). This needs to be read with Section 9 of the OHSA. There can be a distinction between the User/Lessor and the owner, but the User/Lessor holds legal accountability.
As you can see the statutory laws as it pertaining to electrical installations are numerous and can be applied to any and/or all situations. However, a correct interpretation is needed to ensure success, so you are urged to not delay seeking assistance from a legal practitioner or the Approved Inspection Authority.
In addition, to the statutory aspects there is further a host of common law duties and obligations that can also find application in dealing with your claim, e.g, misrepresentation, negligence and/or delict. See the case of Dempsey v Ncube (48584/2017) 2022 ZAGPPHC 81 (7 February 2022) 22.
Understanding Electrical Contractor rights
Users benefit from Section 22 of the OHSA, which prohibits selling electrical installations that don't comply with prescribed health and safety standards (The Electrical Installation Regulations - EIR) defines electrical installations as machinery/health and safety equipment). The onus of proof regarding compliance falls on the electrical contractor or registered person.
Electrical "Defect" Reporting:
Don't allow electrical contractors to inspect or report on electrical defects themselves. This will have legal consequences for them (EIR 9). Always seek help from the Approved Inspection Authority or the Provincial Chief Inspector to ensure legal compliance and to ensure your claim success's.
Avoid tampering with the installation yourself, as it can affect the official assessment. Remember you are legally liable for your electrical installation. Allowing a third party to tamper shall void any possible recourse you may have. Important to note that any electrical fault is classed as an incident in terms of Section 24 of the Occupational Health and Safety Act 85 of 1993
Criminal offences related to the Electrical Installation Regulations Section 15 of the EIR
1) Not being registered as an electrical contractor or registered person (EIR 6 & 11)
2) Not providing such registration when requested by a user or approved inspection authority(EIR 6 & 11)
3) Not employing a registered person within the electrical contractor's full-time employment as an electrical contractor (EIR 6)
4) Not installing and/or designing the electrical installation in accordance with health and safety standards (EIR 5)
5) Not adhering to the SANS 10141-part 1 standards when executing electrical installation work (EIR 9)
6) Not issuing a certificate of compliance for the electrical installation (EIR 9(4))
7) Not ensuring that a certificate of compliance was issued by a registered person for any electrical work (EIR 9(4)
8) Issuing a certificate of compliance when there are defects in the installation (EIR 9(3)
9) In the event that a defect has been found the registered person not removing the power to the affected circuit and/or further failing to report the same to the Chief Inspector (EIR 9(3)
10) Issuing a certificate of compliance other than a registered person, or by a registered person not competent for the installation (EIR 9(2)
11) Issuing a certificate of compliance for an installation not under the general control of the registered person (EIR 5, 7, read with EIR 9)
12) Utilizing or permitting the connection to any electrical supply without a certificate of compliance (EIR 8(2)
13) Conducting electrical inspections on behalf of users (without being contacted by the chief inspector, provincial director or user for a "specific installation") whilst not duly registered as an Approved Inspection Authority (EIR 4)
To get in contact complete this Form: https://bit.ly/actionSAPAC
South African Professionals and Contractors (SAPAC) Time
