This article serves to inform readers of the legalities in respect of unusual certificates of compliances (COC) required to effect registration and transfer of ownership. Conventional COC’s are Electrical, Plumbing, Gas, Electric fence and the Etymologist COC’s. Unconventional compliance certificates refers to COC’s falling outside the scope of the abovementioned COC’s such as alternative energy use; asbestos installed in premises which was recently outlawed and the drawing of water from a borehole.
Asbestos
According to the Asbestos Abatement Regulation 2020, asbestos has been outlawed in property used for workplace purposes. The ambiguity lies in whether an asbestos compliance certificate will be necessary for registration purposes of residential properties to be used as workplaces as well, for instance where domestic workers are employed at residential properties. However, since the Regulations do not require a new certificate of compliance for asbestos, home owners must create an inventory list of asbestos in place on said premises or workplaces. The inventory list should be passed on to the new owners of the property upon transfer of ownership. Estate agents dealing with commercial property should be mindful to add a clause to the Offer to Purchase referring to inventory list which should be annexed thereto.
Alternative energy
The alternative energy equipment such as Solar panels, battery back-up systems and generators, are connected in a parallel manner to the main electricity grid (known as Grid-tied systems). Therefore, the equipment itself does not require an electrical compliance certificate. However, an electrical compliance certificate is necessary for the wiring and switchgear used to install the equipment.
In addition to the compliance certificate, the alternative energy system should be registered for authorisation according to certain council bylaws. If not registered, the main electrical supply to the alternative energy installation can be turned off and a fine issued to the owner. These registration documents can be found online. The cost of registering these systems are free. However, certain costs might be incurred when accumulating the necessary supporting documentation in anticipation of registering alternative energy systems.
Off-grid or standalone electrical equipment, although not connected to the main electricity grid, does not require a compliance certificate but is required to be registered.
Borehole
A compliance certificate should be issued when transferring property that has a borehole. The borehole compliance certificate should be issued by a well specialist. In addition, homeowners should register their existing boreholes according to certain council bylaws. In the City of Cape Town it is mandatory for homeowners to register their existing borehole or to make out an application to the City of Cape Town to sink a borehole.
Estate agents therefore should ensure that a special clause exist in the deed of sale requiring sellers to obtain a certificate of compliance for the borehole or to request registration of said borehole. Furthermore, the issuing of the compliance certificate only serves as confirmation that the borehole can provide a certain volume of water per hour and has been installed properly. Thus, the deed of sale should state which party will be responsible for paying for the borehole certificate of compliance and make provision for any repairs that should be done if necessary.