Certificates required by law
Electrical certificate of compliance
Under the Electrical Installation Regulations, a seller must provide a valid electrical certificate of compliance for the property's electrical installation. It is issued by a registered electrical contractor. A certificate is generally accepted if it is not older than two years and no changes have been made to the installation since it was issued, but your offer to purchase may require a new one.
Gas certificate of conformity
If the property has a fixed gas installation, such as a gas hob, fireplace or geyser, a certificate of conformity from an authorised gas practitioner is required on change of ownership.
Electric fence system certificate
If the property has an electric fence installed or altered after 1 October 2012, an electric fence system certificate is required when the property is transferred.
Water installation certificate (City of Cape Town)
For property in the City of Cape Town, the water by-law requires a certificate from an accredited plumber confirming that the water installation complies before transfer. Other municipalities may have their own requirements.
Certificates often required by the offer to purchase
Beetle (entomologist) certificate
There is no national law requiring a beetle certificate, but offers to purchase in coastal areas, including the Western Cape, Eastern Cape and KwaZulu-Natal, commonly require one. It confirms that accessible timber in the property is free of certain wood-destroying beetles. If beetles are found, treatment and replacement may be needed before the certificate is issued.
Who pays?
The seller normally pays for compliance certificates and any repairs needed to obtain them, unless the offer to purchase says otherwise. Arrange inspections early, as repairs can delay the transfer.
Sold voetstoots?
A voetstoots clause protects a seller against claims for some defects, but it does not remove the legal obligation to provide an electrical certificate and the other certificates required by law.
Frequently asked questions
Does a seller need a plumbing certificate outside Cape Town?
Not as a national requirement. The City of Cape Town requires a water installation certificate on transfer; elsewhere, check the municipal by-laws and your offer to purchase.
Is a beetle certificate required in Johannesburg?
It is not required by law and is less common inland, but check your offer to purchase.
This guide is general information and not legal advice. Contact Julian Bartlett for advice on your circumstances.