Compliance Certificates for the Transfer of Land

For the transfer of immovable property, a number of certificates of compliance are needed. Some of them (electrical certificates, electrical fence certificates) are required under national regulations; some (water certificates) under municipal by-laws; and some (beetle certificates) have become accepted practice –

Below is a schedule setting out the certificates required and the subtle nuances surrounding each of these certificates:

		Schedule
Certificate Required	Legislation Applicable	Reason for Certificate	Validity	May Buyer Waive?	Issued By:	When Required:
Electrical	Occupational Health and Safety Act, 1993 Electrical Installation Regulations 2009	Safety of the electrical installations on the property compliance with the South African National Standards 10142-1	Two Years	Yes	A registered person in terms of Regulation 9 or 11 of the Electrical Installation Regulations, 2002	Before registration of transfer
Electrical Fence	Occupational Health and Safety Act, 1993 - Regulation 12 of the Electrical Machinery Regulations	Safety of the electrical installation of an electric fence system	Two Years	Yes	A registered person in terms of Regulation 9 or 11 of the Electrical Installation Regulations, 2002	Before registration of transfer
Gas	Occupational Health and Safety Act, 1993 - Pressure Equipment Regulations 2009	That the gas system was inspected, that the leak test was performed and that the gas system is safe	Five Years	Yes	A person registered with the Liquefied Petroleum Gas Safety Association of Southern Africa	Before registration of transfer
Beetle	Not a legal requirement	That the dwelling is beetle free	As at date of Registration	Yes	Usually an entomologist, but it will depend on agreement between parties	Before registration of the transfer
Water Installation Only in respect of property situated in Cape Town	City of Cape Town Metropolitan Municipality Water By-Law	The water installation conforms to the National Building Regulations; no defect in water system; the water meter registers; no discharge of stormwater	As at date of Registration	Yes	An accredited plumber	Before registration of transfer
Invasive Species	National Environmental Management: Biodiversity Act 2004 (Act 10 of 2004) and regulations promulgated there under	Prohibition of invasive species	As at date of Registration	Yes	A person appointed by Department of Environmental Affairs	Before registration of transfer