certificate of compliance

[murdock]

i spent part of the day walking thru an installation which has been inspected and all the repairs have already been done...the customer is only gona receive the coc once the transfer goes thru...but i found a list as long as my arm...just from the visual inspection...

things like the meter box feeds the main db...which them feeds the borehole pump from a circuit breaker and the sub main db is feed from the bottom of the main switch...but thats not the issue...its the fact that there is no panel covering the circuit breakers and bussbars...and the door can be opened without the use of a tool...no labels....cable not buried in the ground...so the tractor can drive over it and damage it (no earth leakage protection)....the borehole pump isolator and control box is not secured to anything it is just laying on the floor...but the best was the connector block joint taped up with plastic tape...just to mention a few...the list is long...at least the buyer can now confront the seller before the transfer goes thru....and either negotiate the price or make sure the repairs are done...for all we know the seller might not even know that the inspector has taken short cuts or they could be mates.


my point is...at least if the coc is available before the property is put on the market...at least you can choose to accept it as is...or can get a second opinion or negotiate with the seller...but the way it works at the moment...people think you cant sell a property unless you have a coc (which is not true by the way) and have to wait until the transfer goes thru before you get to see it....only then if the coc looks like it could be illegal or not done above board...then have to pay out your own pocket to get an investigation done by the dol who then palms it off to the aia ( who as some have indicated arent the most trustworthy bunch)...then you have to pay for the repairs...then sue the seller for your money back...yeah right

with the cpa we are suppose to be some of the best protected consumers in the world....then i ask myself why are we not protected when buying property...for some...the biggest investment we are likely to make in our life time.

it should be law that the coc is issued before the property is put on the market ....then the buyer has the option to have the coc checked and get a second opinion if required...before making an offer to purchase...not have to sit with an illegal electrical coc and an unsafe property...then try fight for something which should have be done right from the start...only once the transfer has already gone thru...bit late i would say...if this was the usa maybe it would work because you could sue the sellers for everything he owned and some...but here is the good old rs of a highly unlikely.

some people will say but what if they change their mind or cant sell the property...the way i see it...at least you will have a safe electrical installation...and maybe it could improve the quality of inspections.

[Dave A]

the customer is only gona receive the coc once the transfer goes thru...

Why?

it should be law that the coc is issued before the property is put on the market

As I understand it, technically that is the law.

Which is why I can't understand why the purchaser is not supplied with at least a copy of the electrical COC as soon as it's available if he/she requests it

[Greg]

Yes as far as I understand it , it is law that the coc be done before the property goes on the market.

I know from experience that there are certain Pam Golding agents in JHB that do it that way.

I also know that it is possible by law to have a sale reversed because of a coc.

Legally sales can't be approved by the deeds office with out a coc. A lot of the time they do.

The problem in SA withall these laws is implementing them. Our courts are also a problem.

[murdock]

i am yet to see a coc before the property is actually sold and the transfer has gone thru....in fact...most customers...dont even know that they are suppose to keep the yellow copy (original).

the only occassion where i have done an inspection report before the property was put on the market...was when i advised a friend to do the inspection report before he puts the property on the market...purely to strip out any illegal wiring...light fittings etc...so that he wouldnt have to replace it...it there was any illegal items...because that becomes an issue when the "buyer has seen security lights" being a good example...are wired in twin flex...the seller has to repair or replace...he cannot just remove them...once the buyer has seen them.

[murdock]

Legally sales can't be approved by the deeds office with out a coc.

unless the law has changed recently...i do believe this statement is not true...this is part of the sale agreement

i do know that " a sale which requires a coc" does have to be issued before the transfer can be completed.

[kleva]

Murdock, thanks for that idea about having the place checked out before selling - to REMOVE non-complient items before open house/etc - it's brilliant and never thought of it before. It makes for a willing customer/willing supplier scenario rather than the forced obligation attitude of customers. If you don't mind I am going to steal that one.

[Sparks]

I have it somewhere, posted it here before too. It is, if memory serves Article12 which states that "no item for which a safety standard exists may be traded, bartered or offered for sale(advertised) without said safety requirement first having been met. To the full extent of the law it may not even be given away gratis".
That is why it is illegal to do a transfer, advertise or sell a house/motorcar without a certificate proving compliance with the safety standards(SABS/SANS). But hey VIVA NEW SA! Who gives a shite? The sparky who has to clean up the mess is out to rob everyone because the buyer was too stupid to do any research before committing to a lifetime of debt.

[AndyD]

But hey VIVA NEW SA! Who gives a shite? The sparky who has to clean up the mess is out to rob everyone because the buyer was too stupid to do any research before committing to a lifetime of debt.

This is what it boils down to especially when they get three different electricians who are prepared to negociate on what's necessary work in order to get the job or avoid doing the things they don't fancy.

[Sparks]

I have it somewhere, posted it here before too. .

Found it: http://dl.dropbox.com/u/27556811/Art...ment%20COC.doc

[murdock]

quoted from your ECA article...

"The Seller is therefore liable to obtain a COC, unless there is an agreement in writing which transfers the responsibility of obtaining the certificate to the Buyer (Section 10(4) of the Act). This would often be preferable as the Buyer has more of a vested interest in having a safe and compliant installation. "

[murdock]

also quoted from the article...


Will the transfer of my property be affected in the absence of a Certificate?

No, whilst the Certificate is a requirement in terms of the Occupational Health and Safety Act it is not necessary that the Certificate be lodged with the Registrar of Deeds for transfer purposes. In the majority of cases, the obtaining of a Certificate will also be a contractual requirement in terms of the Sale Agreement.