ELECTRICAL FENCE SYSTEM CERTIFICATE & IN CASE OF SECTIONAL TITLE

ELECTRICAL FENCE SYSTEM CERTIFICATE

In terms of the Occupaonal Health and Safety Act of 1993 and more specifically the Electrical Machinery Regulaons published in the Government Gazee 34154 on the 25th of March 2011 it is a requirement in terms of all transacons taking place aer the 1st of October 2012 that an electrical fence cerficate of compliance as per the aached Annexure 1, should be issued by a qualified electrician or registered electrical fence installer.

Such relevant persons as aforemenoned can also apply for registraon as Electrical Fence System Installers and Inspecon Authories with the Department of Labour as per the aached Annexure 2. The school of thought is however those cerficates can also be issued by an accredited electrician registered with the Department of Labour and the cerficate is equally valid for an undetermined period or unl such me as amendments are made to the exisng installaon by default of which the inial cerficate issued may be transferred to the new owner.

IN CASE OF SECTIONAL TITLES

The queson however is raised who is responsible for such cerficate where a seconal tle unit is sold and the electrical fence system is situated on common property?

An electrical fence system erected on the common property forms part of the common property and is therefore owned in undivided shares by the seconal tle owners of the scheme. A general duty is imposed on a Body Corporate to control, manage and administer the common property for the benefit of all owners (Secon 37 of the Seconal Titles Act 95 of 1986).

A seconal tle owner therefore need NOT obtain a cerficate as required. Following a change in ownership of a seconal unit the Body Corporate should obtain the cerficate required and it is advisable that a valid cerficate should be obtained and kept at all mes by the Body Corporate to enable them to provide such a copy on request to the individual sellers and purchasers.