What you need to know about property compliance certificates

When it comes to selling your property, there is more to it than just putting the property on the market and making an effort to spruce it up.

Unfortunately, aesthetics aren’t all you have to worry about. If you are selling your home you are going to most certainly need a number of compliance certificates required by law before the sale can go through and be registered.

It is advisable for the seller to ensure that they have all the certificates of compliance in place before putting the property on the market. You can do this after the offer has been signed, however, if there is an issue with obtaining any specific certificate, it could potentially delay the sale. The onus falls on the seller to ensure that their house is legally fit for sale.

Some of these compliance certificates are required under national regulations (e.g. your electrical certificate and your electrical fence certificate) while others are required in terms of municipal by-laws (e.g. Cape Town’s water certificate requirement or a beetle certificate for coastal properties), and some required by institutions such as banks before providing finance, have become standard practice. Without these certificates in place, you run the risk of putting the sale at risk.

Homeowners are often caught unaware of the certificates of compliance that are required when selling a house and are consequently shocked by the associated costs which they did not budget for.  However, without these certificates, you’ll be held financially responsible for any incidents that occur once the new owners have taken moved in.

The new regulations might have made the sale of a property a bit more complicated but it enables the buyers, the assurance that the property is in good condition and has no hidden defects or costs when it comes to plumbing, electrical, gas, or even beetle infestation.

The most common certificates are:

  • Electrical Compliance Certificate: This certificate must be issued by a qualified and registered electrician and includes a report as well as confirmation that all electrical installations on the property comply with the prescribed standards of safety.
  • Water/Plumbing Certificate: Certification that the water installation on the property is in line with municipal and building guidelines. This certificate must be issued by a registered and qualified plumber.
  • Gas Compliance Certificate: A gas certificate will ensure that any gas installation on the property complies with the Occupational Health & Safety Act. This is, of course, only required if any gas is installed on the property.
  • Beetle Certificate: The beetle certificate will confirm that the wood structures on the property are free from certain beetles that eat and destroy wood. This certificate is not provided because of any legislation, but it is a practice that has developed over the years and has become firmly embedded in property transactions. Certain areas, particularly those in circulation in the coastal provinces (Western Cape and KwaZulu-Natal) continue to require a beetle certificate before the transfer, given that these are the regions in which these beetles are most prevalent.
  • Electric Fence Compliance Certificate: An electric fence certificate will declare that the electric fence installation complies with the Occupational Health & Safety Act. The seller and purchaser can agree to waive the requirement to supply this certificate on full title properties. A new certificate only needs to be obtained if a change was made to the electric fence installation after the original certificate was issued.

Article Source: https://www.myproperty.co.za/news/legal/what-you-need-to-know-about-property-compliance-certificates-13-01-22

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