Tick The Compliance Box
Certificates Of Compliance In Property Transfers
Compliance certificates are a vital part of any property transaction, forming an integral part of the legal due diligence process. These certificates confirm that key installations on the property meet the required safety and regulatory standards. For both buyers and sellers, it is important to understand which certificates are required, who is responsible for obtaining them, and when they must be provided. Non-compliance can lead to delays in the transfer process, unexpected expenses, and potential legal consequences.
The types of compliance certificates
Electrical COC
An Electrical Certificate of Compliance is a legal document that confirms the electrical installation in a property complies with the standards set by the Electrical Installations Occupational Health and Safety Act.
This certificate must be issued within the last two years, and if any changes have been made to the electrical system, a new certificate is required. It certifies that the distribution boards, wiring, earthing, and bonding of all metal components, including TV antennas and satellite dishes as well as socket outlets, light switches, and isolators for fixed appliances are safe and installed according to regulations. The certificate does not cover electrical appliances such as kettles, freezers, stoves, ovens and fridges.
Only electricians accredited by the Electrical Contractors Authority are authorized to issue these certificates.
Electrical Fence COC
An Electrical Fence Certificate of Compliance is required for properties that have electric fences or have made modifications to them. This certificate, issued by a qualified and registered electrician, confirms that the electric fence complies with the South African National Standards as set out in the Occupational Health and Safety Act.
This CoC also applies to individual sectional title units if the electric fence system is installed on the common property within the complex. Homeowners can verify a licensed fencing electrician through the Electrical Contractors Association.
Hiring an installer who is not compliant risks having insurance claims rejected and being held liable for any injuries caused by the electric fence.
Gas COC
The Gas Certificate of Compliance confirms that gas appliances and installations on a property are safe and functioning correctly. Required under the Pressure Equipment Regulations of the Occupational Health and Safety Act, this certificate ensures that gas installations, including gas stoves, ovens, hot water systems, and braais, have been thoroughly inspected, are safe, and free from leaks.
It can only be issued by a qualified professional registered with the Liquefied Petroleum Gas Safety Association of Southern Africa.
This certificate is not required if the property has no gas installations or appliances.
Plumbing COC
A Plumbing Certificate of Compliance certifies that the water supply to a property complies with the requirements set out in municipal by-laws, though it only applies in certain municipal areas.
This certificate ensures that the hot water cylinder installation meets the standards established by SANS 10252 and SANS 10254. It also verifies that the water meter is functioning correctly, accurately recording water usage and shutting off completely when no water is being drawn. Additionally, the certificate confirms that stormwater is not discharged into the sewer system and that there are no cross-connections between potable water and greywater or groundwater systems.
Only a qualified plumber registered with the Plumbing Industry Registration Board is authorised to issue this certificate.
Beetle-Free Certificate
Although not a legal requirement, the Beetle-Free Certificate of Compliance is commonly included in sale agreements, especially for free-standing homes in coastal areas such as the Western Cape and KwaZulu-Natal.
Issued by a certified pest inspector, this certificate confirms that the property’s wooden structures are free from wood-destroying beetles, ensuring the integrity and longevity of the timber elements within the property.
In conclusion, compliance certificates are more than just a formality, they are a legal requirement for the sale of any property. These documents confirm that key installations meet the necessary safety and regulatory standards, safeguarding both buyers and sellers from potential liabilities. To ensure your property transaction runs smoothly and meets all legal requirements, contact the experienced conveyancing team at Hammond Pole Attorneys.
Validity Period of Common Compliance Certificates
| Certificate | Validity Period | Notes |
| Electrical Certificate of Compliance (CoC) | Up to 2 years from date of issue | Remains valid for transfer provided no alterations occurred. Regulations prohibit transfer if older than two years. |
| Electric Fence Certificate of Compliance (EFCC) | Typically 2 years from date of issue | There’s no statutory expiry; but standard industry practice assumes two-year validity. Must reissue after any alteration or on transfer if required contractually or by bank. |
| Gas Compliance Certificate | No fixed legislative validity; must be obtained for each change of ownership | Although some conveyancing firms sometimes suggest five‐year validity, there isn’t a set time frame, the law requires a new certificate on every property transfer. |
| Plumbing / Water Installation Certificate (Cape Town) | 6 months from date of issue | Valid under City of Cape Town water by-law; seller must submit before transfer. Does not extend beyond six months. |
| Beetle Infestation (WDO) Certificate | Usually 3 to 6 months, most commonly three months | No statutory requirement: validity often contractually agreed or set by the conditions set out in the mortgage bond requirements, especially in high-risk regions like Cape or KZN. |
Blog by: Michelle Seaton-Smith