PP Smit Attorneys

There is a duty on the Seller when selling an immovable property to provide certain certificates of compliance to the Purchaser.

There are five compliance certificates that the Seller is required to obtain at his/her own cost before the transfer of the property takes place. The following are the necessary certificates:

Electrical Compliance Certificate

The Electrical Installation Regulations under Section 43 of the Occupational Health and Safety Act, sets out the requirements for obtaining a valid electrical compliance certificate.

Regulation 7 (1) states that “every user or lessor of an electrical installation, as the case may be, shall have a valid certificate of compliance for that installation”.

Regulation 9(1) states “no person other than a registered person may issue a certificate of compliance”. The registered person may only issue the certificate of compliance after completing an inspection and a test. The test report must accompany the certificate of compliance.

The certificate of compliance may not be older than 2 years. Hence, when the Seller is selling and has a certificate older than 2 years in his/her possession, he/she is obliged to obtain a new certificate to hand over to the Purchaser.

In terms of Regulation 15, it is an offence should a person fail to comply. The penalty is a fine or imprisonment should the person be found guilty of the contravention.

Electrical Fence Certificate

As of the 1st of October 2012, the issuance of an Electrical Fence Compliance Certificate came into effect. This certificate is to be issued in terms of Regulation 12(4) of the Electrical Machinery Regulations, under the OHS ACT of 1993.

All property owners that have an electrical fence must, in terms of this Regulation, obtain a compliance certificate when selling their property and only a registered Electric Fence System Installer can issue a property owner with the certificate of compliance.

The Electrical Fence certificate is valid for up to 2 years from the date of issue.

It must be noted that should the Seller have an electric fence, the Electrical Compliance Certificate discussed above will not include the electrical fence, as it will have its own certificate of compliance.

Water Compliance Certificate

In 2011, the City of Cape Town introduced a local water by-law.

In terms of Section 14 of the Water By-Law, “the Seller must, before transfer of a property, submit a certificate of compliance from an accredited plumber certifying that:

  1. The water installation conforms to the National Building Regulations and this By-Law
  2. There are no defects
  3. The water meter registers
  4. There is no discharge of stormwater into the sewer system”

 

A qualified, registered plumber may issue the certificate of compliance and this certificate must be issued every time the property is transferred.

The water installation certificate of compliance is not a plumbing certificate as it is limited to the By-Law and is not as comprehensive as a plumbing certificate.

Beetle-Free Certificate

This compliance certificate is not a requirement by law but has become a practice in the sale of property, particularly in coastal provinces, where the wood borer beetle is commonly found.

Between the 1940s and 1960s, there was an infestation of the beetle, which compromised the structural integrity of buildings and homes, thus the beetle compliance certificate was introduced to protect the Purchaser. The financial institutions that grant the home loan bond insist on this compliance certificate to protect their asset.

The beetle certificate is valid for up to three months from the date of issue. It should be noted that a beetle compliance certificate is not a pest control certificate.

Gas Certificate

As of the 1st of October 2009, Regulation 17(3) of the Pressure Equipment under the Occupational Health and Safety Act, came into effect.

This Regulation states that “an authorised person or an approved inspection authority shall issue Certificate of Conformity after completion of a gas installation, modification, alteration or change of user”.

The Certificate of Conformity will be issued by the South African Qualification and Certification Committee Gas, and a registered gas practitioner for the installation, repair, modification, or maintenance.

The nominated Conveyancer attending to the transfer of the property will ensure that the Seller obtains the above-mentioned certificates. The Purchaser should request the original certificates for their records and must scrutinise these certificates to ensure that an accredited service provider provided the certificates and that the certificates are valid according to the Regulations.

The Purchaser should further ensure that the Seller has complied with all the required certificates by inspecting the property to ensure that for example, should there be a gas appliance, a gas certificate is obtained. These certificates afford comfort to the Purchaser that the property he/she is purchasing conforms to Building Standard norms and regulations set.

Reference List:

  • Occupational Health and Safety Act 1993, Electrical Installation Regulations
  • Occupational Health and Safety Act 1993, Electrical Machinery Regulations
  • City of Cape Town, Water By-Law, 2010, Promulgated 18 February 2011
  • Occupational Health and Safety Act 1993, Pressure Equipment Regulations
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      Written by MEERUSHINI GOVENDER

       

      This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

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Carla Cloete

Partner | Attorney, Conveyancer & Notary | LLB

Carla obtained her LLB at the North West University, Potchefstroom Campus in 2015. She completed her articles in 2017 with Brits Dreyer Inc in Bellville. She is an admitted Attorney, Notary and Conveyancer. After her articles she relocated to Kimberley where she worked as a professional assistant in the Conveyancing department of Van de Wall Inc. Coming back to her Western Cape roots, she now joins the PP Smit team as a professional assistant.

Carien Hamman

Attorney & Notary | LLB

Carien grew up and matriculated in the picturesque town of Ceres, whereafter she furthered her studies at the University of Stellenbosch and obtained her LLB degree in 2015. She completed her articles at VanderSpuy Cape Town in 2017 and stayed on as an associate litigant after being admitted as an attorney during early 2018. Carien loves the countryside and thus ventured back to Ceres where she joined Joubert Van Vuuren Inc. for a year. However, when she was presented with the opportunity to enjoy both the country- and the seaside, she couldn’t resist and joined PP Smit Attorneys at the beginning of 2022 as an avid litigator. When she is not at the office, Carien enjoys long walks, wine tasting, and exploring the area with her family and friends.

Harmann Potgieter

Attorney | LLB | NQF 7

Harmann graduated in 2018 with an LLB degree from the North-West University’s Potchefstroom Campus. He went on to study and grow in various fields, including doing a course on the Consumer Protection Act and a course at the University of South Africa where he obtained his NQF 7 Certificate in the Administration of Deceased Estates.

Harmann completed his articles of clerkship at Swemmer & Levin under the supervision of Mr Richard Phillips. After being admitted as an attorney in 2020, Harmann continued with PP Smit Attorneys as a professional assistant in the deceased estates department as well as the litigation department. He loves to study, possesses a deep curiosity about the world, and is dedicated to giving back to the community.

Andre van der Walt

Partner | Attorney | LLB

Andre graduated in 2015 with an LLB degree from the University of Pretoria. He later went on to obtain his NQF 7 Certificate in the Administration of Deceased Estates from the University of South Africa, which allowed him to further his career in deceased estates and the drafting of wills and trusts. Andre served his articles at Barnard & Patel Attorneys under the supervision of Mr YAS Patel. After being admitted as an attorney in 2016, he continued working at Barnard & Patel Attorneys as a professional assistant in the deceased estates department.

Andre joined Van Rensburg Attorneys in 2019 and was head of the deceased estates department until 2021. He then received the opportunity to move to the West Coast, where he joined Swemmer & Levin Attorneys, and not too long after that, he grabbed the opportunity to work at PP Smit Attorneys. Andre loves travelling and enjoys the beauty that our country has to offer with his friends, family, and loved ones.

Jandré Smith

Partner | Attorney | LLB

Jandré grew up and matriculated in the small Klein Karoo town of Oudtshoorn. He furthered his studies at the North-West University in Potchefstroom, obtaining his LLB degree during 2015. He completed his articles at Swemmer & Levin in 2017 and was subsequently appointed as a professional assistant. In 2020, Jandré was promoted to the position of director of the firm, where he practices in the Litigation department. Jandré additionally joined the partnership of PP Smit Attorneys during the same year. When not practising law, Jandré is an avid sports fan. He has a passion for nature and enjoys camping, trail running, and mountain biking with his family.

Richard Phillips

Partner | Attorney | Bcom & BProc

After matriculating at Paarl Boys’ High School, Richard completed his BCom and BProc degrees at the University of Port Elizabeth. He served his articles with Van Wyk Fouchee in Paarl and quickly developed an affinity for litigation. Richard has always had a deep love for the ocean and when he was presented with an opportunity he joined the partnership of PP Smit Attorneys during 2006. Richard specialises in general litigation and divorces. When he is not in the office or with his family, he tries to spend as much time as possible in or on the water.

Johann Maree

Partner | Attorney | BA. LLB

Johann matriculated at Oudtshoorn High School and attended Stellenbosch University, where he obtained his BA Law and LLB degrees. Following his studies, he worked for three years as State Prosecutor at the Magistrate’s Court in Cape Town. Johann completed his legal training with the State Attorney in Pretoria and then moved to his hometown, Oudtshoorn, where he worked as a lawyer for a year. In 1983, he moved to Vredenburg and joined Swemmer & Levin, where after he joined the partnership of PP Smit Attorneys during 2006.. When he is not in the office, Johann enjoys cycling and in his earlier days, he used to be a long-distance junkie.

Pieter Smit

Partner | Attorney & Conveyancer | BA. LLB

Pieter obtained his BA Law degree from Stellenbosch University in 1995 and his LLB degree from the North-West University in Potchefstroom in 1998. He served his articles at Marais Muller Attorneys from 1998 to 1999 and was admitted as an attorney in 2000 and as a conveyancer in 2002. Pieter is the founder of PP Smit Attorneys, which opened its doors in 2004. He also became a director of Swemmer & Levin in 2006. Pieter loves the outdoors and participating in all forms of sport, including tennis, golf, fishing, spearfishing, scuba diving, and hiking.

Jan Fourie

Partner |  Attorney, Notary & Conveyancer | BA. LLB

Jan graduated in 1974 with a five-year BA LLB degree from the University of Stellenbosch, whereafter he was admitted as an advocate and prosecuted as such in the Cape Town and Wynberg Courts. In 1974, he joined Swemmer & Levin as the Candidate Attorney of Mr Levin (founding member) and was admitted as an attorney on 7 April 1976, as a conveyancer on 11 January 1978, and as a Notary on 19 December 1984. Since 1974, he has served in various committees, including the West Coast Chamber of Commerce, the Vredenburg School Committee, and the Malgas Lions Club. In 2004, he also joined the partnership of PP Smit Attorneys.

Furthermore, Jan was the author of the first bilingual law book, The New Debt Collecting Procedures (Die Nuwe Skuldinvorderingsprosedures), which was used by all the Magistrate Courts throughout South Africa. With the founding of the Small Claims Court in Vredenburg, Jan served as one of the first Commissioners.