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Transfer Of Property

SALE OF PROPERTY AND CERTIFICATES OF COMPLIANCE (COC)


If you have recently purchased fixed property, it is most likely that one of the provisions of the Sale Agreement was that the seller of the property would supply you with an Electrical Certificate of Compliance (C.O.C.).


If as a new user of the electrical installation, you have any doubt as to the validity of the COC or believe that the COC may have been obtained under dubious conditions or circumstances, you should have the electrical installation checked as soon as possible.


As this matter is encompassed within legal processes, it is important that this check be done by an Independent Electrical Inspection Body to obtain “evidence” of non-compliance before any person with potential vested interest becomes involved in accessing the electrical installation.


Failure to adhere to legal processes could severely prejudice any rights of recovery that you may have as a result of the property sale process.


The provisions of Section 22 of the Occupational Health and Safety Act 85 of 1993 stipulate that subject to Section 10(4), an electrical installation may not be marketed or sold unless the safety requirements have been complied with. In other words, a valid Certificate of Compliance must be produced in the sale process.


Where a certificate of compliance is transferred, it must be ensured by the person that receives such a certificate of compliance, that it is VALID.


A Certificate of Compliance which is (2) two years and older may however not be transferred under any circumstances in the property transfer process.