GAS INSTALLATIONS
GAS INSTALLATIONS IN SECTIONAL TITLE SCHEMES
Whether for cost saving, load-shedding or culinary preferences, gas stoves and other gas appliances have become the “in” thing in South Africa of late.
Our legislature took note of the increase in these installations and in 2009, amended regulations to the Occupational Health and Safety Act to oblige homeowners to ensure that they have a Certificate of Conformity when a gas appliance with permanent LP Gas cylinders is installed on the property. When the property is sold, certain additional measures must be adhered to.
Owners of units in sectional title schemes often query whether they may install a gas installation on common property (ie, those areas in the scheme owned jointly by all owners) or in their own units.
Regulation 17(3) of the Pressure Equipment Regulations provides that a certificate of compliance must be obtained “after completion of a gas installation, modification, alteration or change of user or ownership”. Therefore, even if a certificate was obtained on initial installation, a new certificate must be obtained if any change or alteration is made thereto.
The Certificate serves to confirm that the installation is compliant with various safety regulations, including that the installation had been properly installed and inspected, was safe and leak free. Only authorised persons, as defined in the regulations, may issue these Certificates.
The risk of injury that can arise if an installation is not compliant is easy to appreciate. From a sectional title point of view, it must also be taken into account that most bodies corporate have a rule prohibiting an owner or occupier to store any material, or permit or allow to be done, any other dangerous act in the building or on the common property which will increase the rate of the premium payable by the body corporate on any insurance policy. Installation of a gas appliance may pose this risk.
The additional concern flowing from installing a non-compliant gas appliance or failing to obtain a Certificate of Compliance issued by a registered inspector, means that the insurer for the body corporate as well as the owner’s contents insurer may repudiate a claim. The financial implications for the owner and members of the scheme can be dire.
Therefore make sure what the requirements of your own insurance and that of the body corporate are before going ahead with the installation.