When transferring a property there is a long list of Certificates you need to acquire and present to the buyer. This is not only to keep the seller safe, but also to keep the buyer informed. Certificates of compliance (“CoC” for short) serve as proof that the home is in working order. The seller is obligated to have these certificates in possession before the transfer of property can go ahead. Certificates can only be issued by registered professionals following an inspection. Whether selling or buying a home, these certificates are vital in ensuring the safety and operation the property.

Compliance with certain installations is prescribed by law throughout South Africa, and banks usually require all the necessary certificates for security purposes before issuing a home loan.

The five certificates are:

Electrical Certificate of Compliance: The requirements for an Electrical Compliance Certificate are set out in the regulations of the Occupational Health and Safety Act. This CoC is a legal document verifying that the electrical installation on the property complies with all the legal requirements stipulated in the Electrical Installations Occupational Health and Safety Act. In normal circumstances, a COC is valid for two years. A new certificate is not required for transferring ownership of a property if there is a valid certificate in place that is not more than two years old. If alterations have been made to the installation, a new certificate will need to be issued.

Electrical CoCs may only be issued by electricians accredited with the Electrical Contractors Authority.

Electrical Fence Certificate: An Electrical fence CoC must be issued by a qualified and registered electrician and is required if an electric fence surrounds the property or if an electric fence has been modified. This CoC also applies to individual sectional title units if there is an electrical fence system on common property in the complex.

Plumbing Certificate: Ensures that water regulation conforms to National Building Regulations.

A water installation, or plumbing CoC certifies that the water supply to the property meets the requirements stipulated in the municipal by-laws. It can only be issued by a qualified registered plumber.

Gas Certificate of Compliance: Ensures that all gas installations are in order, such as

gas-powered stoves, fires and geysers. This certificate will certify that the installation of any gas appliances is in safe and working condition. It can only be issued by an authorised person registered with the Liquefied Petroleum Gas Safety Association of Southern Africa (LPGAS). It is not needed if the property has no gas installations or appliances.

Beetle-free certificate: Confirms that there are no beetles eating into the wooden structures. Although this certificate is not required by law, it is still customary in many sale agreements. In particular, it is usually included in sale agreements for free-standing homes in coastal regions such as the Western Cape and KwaZulu-Natal.

The certificate will certify that the wood structures on the property are free from beetles that destroy wood. The beetle certificate is actually not required by law, but the buyer is advised to request that the seller obtain one in the offer to purchase.

Although the sellers are responsible for seeing to and paying for the issuing of compliance certificates, it’s important for buyers to make sure they have copies of all the compliance certificates before the property gets transferred to them. As mentioned, sellers are required by law to have certificates prior to the transfer of property. However, the buyer can request the certificates be obtained earlier in the offer to purchase.

Types of Certificates required during a Property Transaction