Plumbing + Electrical certificates

[Andrew Rodrigues]

Good Day

We are selling our house to a developer who plans to gut the whole place ,windows ,doors , kitchens , bathrooms and electrical, just the brick work will remain. To repair all the plumbing and electrical will probably cost just under R100000 . It`s an older house where steel conduit was used and most of it has rusted through the walls and all the plumbing is rotten so all the tiling etc will have to be removed . Question is, can I get around these certificates for transfer to take place as it seems a waste to spend that amout of money for the place to be gutted.

[Jouko]

Plumbing cert is not required on our area on sale. Ask electrician to disconnect db from the supply and get electrician to issue coc on this bases. Put this into sales contract and disclose plumbing condition to the buyer. Done.

[Andrew Rodrigues]

I am sure we can come to some arrangement in the contract with the developer but it`s the red tape at the transfer attorneys which may hold things up.

[hunter26]

I'm sure if developer is going to knock the house down to build eg flats. Then this imho can be put onto paper that all services will be terminated to home. Best is go see the attorney for advice. For the present owner, he needs to go to his council to fill out service disconnection forms ie stop all readings and pay upto that date of service termination.

[Jouko]

I just had my house sold and registered. I do not know CT but in Gauteng plumbing coc is only required on new build and not on sale. Check. If required then disconnect. I had to give electrical coc and electric fence coc. I do not know any law that says that I have to have something using the electricity. Private electrician cannot work on municipal street box. We have isolator at the outside wall from which feed goes to DB. Electrician can disconnect the feed to the DB there and then issue COC: DB: 0, Luminaries: 0, plugs: 0, geysers: 0... Transferring attorney just needs that COC. What is in it is of no interest.

Above is a bit like what I did. I built store room. It was built to old servant's quarter style and dimensions. I put even pipes for the water into the wall for basin and outside connection for drain. No basin. If it was servants room then additional building regulations would kick in. Shower next to the room has hot and cold water taps but hot water is connected to cold. I did get all signatures including plumbing coc and occupational cert. There is no law saying that person cannot sleep in a store room or that shower has to have hot water. Those were the words of the professionals.

The main issue is that the buyer must know what is there. It is very costly to hide defects. You can ask transferring attorney but remember such might be one of those who cannot think out of the box.

An other typical item is carport with tin roof and no building plans. Remove the roof, place the sheets next to the car port and no plan required. New owner might want to back tin back

[Rockgobblin]

Please don't see this as legal advice as I am not familiar with the specifics or minutiae of your example, but you may have a look at the following to assist you:

The transfer of a property with a valid CoC is a requirement under the Electrical Installation Regulations (2009) made under the Occupational Health and Safety Act, 1993.

Regulation 5 stipulates that the user or lessor of a property may not allow transfer to take place (you would be a user as defined based on your right to exercise control over the electrical installation) where a CoC is older than 2 years. This is however qualified as the Regulation also states "subject to the provisions of Section 10(4) of the Act".

Section 10 of the Act (OHSA) deals with the responsibility of a manufacturer (such a broad concept that it will include a person/entity selling an electrical installation, which is exactly what your wiring is. In essence all manufacturer's (including a person who supplies etc., again a very broad category of natural and legal persons) must do two things: Ensure that all items, components, machinery, equipment etc. is safe to use when properly used (it's own kettle of fish insofar as burden of proof is concerned) AND that it complies with all legal requirements in terms of the Act (thus also Regulations and incorporated standards - which poses interesting arguments regarding for example the selling of non-homologated pressure vessels and compressors by retailers etc.)

Section 10(4) however allows for an agreement where the person purchasing the item etc. agrees to take specified steps to ensure compliance etc. This will relieve, to a reasonable extent, the duty on the supplier/seller/manufacturer.

Specifically then, the purchaser can contractually undertake to comply with the CoC requirement, relieving the seller of the duty.

In my experience this is almost never used. People in the real estate business typically know a friendly electrician who can quickly "sort" a CoC so as to not delay a sale.

Again perhaps chat to a professional if this is something you think might be helpful.

(Note: this applies to anything which is sold which can be used at a place of work, even if secondhand and well used. You become the "manufacturer". This is a field of law which is going to receive more and more attention)

[Andrew Rodrigues]

Thanks for the replies, the purchaser is aware of the defects , as it is a private sale we are hoping the transfer attorney can make a plan. We are not yet sure if they are going to move in and do repairs or going to do repairs first and then move in.

[desdrake]

Disconnect supply into property and take to a ready board in the property.

[Wylie E]

We have sold a house now and a COC was required for electrical before it went through. Note if there is any alteration after COC is given the it falls null and void. Irrespective if it complies to regulations or not. In the case of contractor buying house to gut or renovate this might change relevancy of COC needed not too sure. I think your attorneys can help with that.