DOL suspending contractors registration pending investigations

[Isetech]

There are rumours doing the rounds which indicate that the DOL are suspending contractors license pending investigations for signing non compliant COC's. I believe it would be a good start to cleaning up this industry.

True or false ?

There are also rumours that the DOL taking it a little too far, requiring light fittings are in working condition (the lamps must be working).

[GCE]

There are rumours doing the rounds which indicate that the DOL are suspending contractors license pending investigations for signing non compliant COC's. I believe it would be a good start to cleaning up this industry.

True or false ?

.

That was tested and decision made that it is not legal to suspend a contractors license for a non compliant COC .

It would be legal to suspend the registered persons wiring license .

[Isetech]

The next question, is it a rumour or a fact, that the DOL are suspending wiring licenses "pending" investigations ? Surely they can only suspend a license once the investigation is complete and the person is found guilty?

The second question is with regards to appliances: If you issue a COC is the appliance part of the COC ? For example a geyser, if the element is damaged (open circuit ort even grounded) but the rest of the electrical installation is compliant, bonding, earthing, isolator etc.

A light fitting is another example. IF some of the lamps are blown, but the earth is connected even above 2.5 m, is the inspector responsible for the lamps or the buyer/ seller ?

[GCE]

The next question, is it a rumour or a fact, that the DOL are suspending wiring licenses "pending" investigations ? Surely they can only suspend a license once the investigation is complete and the person is found guilty?

The second question is with regards to appliances: If you issue a COC is the appliance part of the COC ? For example a geyser, if the element is damaged (open circuit ort even grounded) but the rest of the electrical installation is compliant, bonding, earthing, isolator etc.

A light fitting is another example. IF some of the lamps are blown, but the earth is connected even above 2.5 m, is the inspector responsible for the lamps or the buyer/ seller ?

Appliances are not part of the COC and it states so on the notes on the COC
I have found that when complaints come in about appliances or lamps not working it is not really the COC that is the problem, but that the sales agreement often says all appliances etc are in working order.
The buyer feels that it should therefore be working and since the COC is generally done within a short space of time before the buyer moves in, it suddenly becomes the Electrical contractors problem .

I don't get involved in the COC market for sellers , I actually refuse to do them.
I will do COC for Buyers as the outlook is different

[Derlyn]

Are estate agents and attorneys allowed to make their own laws.

Many of them include in the sales agreement that the coc shall not be older than 3 months for the transfer to take place.

The law says 24 months.

[GCE]

Are estate agents and attorneys allowed to make their own laws.

Many of them include in the sales agreement that the coc shall not be older than 3 months for the transfer to take place.

The law says 24 months.

I would think as long as it is no longer than 24 months then it would be within the law - 3 Months seems unrealistically short and if I , as a seller, was dealing with the attorney I would question his reasons

The attorney could be forcing me to get numerous certificates to stay within the laws of South Africa , specifically the OHSA section 22 or alternatively the attorney is not aware of the Act .

22. Sale of certain articles prohibited

Subject to the provisions of section 10 (4), if any requirement (including any health and safety standard) in respect of any article, substance, plant, machinery or health and safety equipment or for the use or application thereof has been prescribed, no person shall sell or market in any manner whatsoever such article, substance, plant, machinery or health and safety equipment unless it complies with that requirement.

[Isetech]

Are estate agents and attorneys allowed to make their own laws.

Many of them include in the sales agreement that the coc shall not be older than 3 months for the transfer to take place.

The law says 24 months.

Its called making a quick buck.

As I am sure you are aware, many estate agents include the COC's in their commission, which could explain the high COC's fail rate.

To give you an idea, I am busy with a COC in a small 4 bedroom house, gate motor, pool and an outbuilding. The first site visit took around 6 hours to identify all the electrical components, carry out a visual inspection, do a few tests and create a fault list. Even if you only charge R450 per hour, that is already R2700. As a licensed electrician if you are only charging R450 per hour, you are part of the problem in the industry.

You should be charging at least R650 per hour (more like R850 but we understand the market is tight at the moment) so for a basic inspection report , cost should be around R4000. If you are charging less than that, then as a customer I would be expecting a repair bill of at least R10 000, to include your R4000 pre inspection.

If you are a sucker doing inspections for estate agents, chances are you going to be spending 2 days on site fixing non compliant stuff you missed. 2 days at R450 per hour, you pissing R5400.00 every time you sign over a property and get caught.

Buyers are getting tired of being the butt end of a sale, where everyone is smiling and enjoying cocktails on the beach with the profits, while you sit with endless issues to sort out in your latest investment or should I say money pit.

As a buyer, the sale agreement rules. Make sure you have clauses in the sale agreement which cover you for silly things like non compliant electrical installations with plug tops and all the other dodging stuff buyers are having to deal with on a daily basis. Once that transfer goes through you are on your own.

[Firepool]

There is a thing called voetstoots and the new property practioners act that the seller must disclose all defects .I would say the buyer should do their home work on the property

[Dave A]

Are estate agents and attorneys allowed to make their own laws.

Many of them include in the sales agreement that the coc shall not be older than 3 months for the transfer to take place.

The law says 24 months.

I would think as long as it is no longer than 24 months then it would be within the law - 3 Months seems unrealistically short and if I , as a seller, was dealing with the attorney I would question his reasons

The attorney could be forcing me to get numerous certificates to stay within the laws of South Africa , specifically the OHSA section 22 or alternatively the attorney is not aware of the Act .

22. Sale of certain articles prohibited

Subject to the provisions of section 10 (4), if any requirement (including any health and safety standard) in respect of any article, substance, plant, machinery or health and safety equipment or for the use or application thereof has been prescribed, no person shall sell or market in any manner whatsoever such article, substance, plant, machinery or health and safety equipment unless it complies with that requirement.

One of the real world problems is a person buys a property, fixes it up for a resale including massive changes to the electrical installation, and then uses the COC they were given when they bought the property to effect their sale.
Another is that the seller does some quick upgrades on the cheap to improve the house for selling.
And then there is my favourite wreckers of compliant electrical installations that sellers and purchasers have a hard time accepting as the problem - painters!

I have generally promoted that among other issues affecting validity, the COC is legally valid as long as there has been no change to the installation (both known and unknown). The question is - how do you know whether there has been a change to the electrical installation? An affidavit from the seller?
My recommended solution is to get a test and COC dated after the date of signing of the offer to purchase at least...
And watch out for painters, kitchen remodellers and the like.

[Dave A]

There is a thing called voetstoots and the new property practioners act that the seller must disclose all defects .I would say the buyer should do their home work on the property

I have already seen an effect from the introduction of improved disclosure in terms of the Property Practitioners Act - particularly when it comes to faulty fixed electrical appliances.
Generally sellers are declaring the faults, and when it comes up on our identified maintenance issues list, saying "disclosed - purchasers problem."

[Alfred M]

I have already seen an effect from the introduction of improved disclosure in terms of the Property Practitioners Act - particularly when it comes to faulty fixed electrical appliances.
Generally sellers are declaring the faults, and when it comes up on our identified maintenance issues list, saying "disclosed - purchasers problem."

Therefore, when a property is being sold, the seller has a duty to reveal to the purchaser any latent defects to the property at the time of concluding and signing the offer to purchase/sale agreement. This is an important step for the seller in order to avoid being held liable for undisclosed defects at a later stage.