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Thread: Who is responsible for COC

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    Gold Member Martinco's Avatar
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    Who is responsible for COC

    Who is responsible for obtaining a COC ? The owner of the building or the tenant ?

    According to the owner, the insurance company, for purposes of insuring the building, needs a COC.
    The last COC was done +- 3 years ago and no alterations/additions were made. Is this COC still good ?

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    Site Caretaker Dave A's Avatar
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    Essentially in terms of legislation both the user and owner are responsible (some fine print applies).

    A COC may be deemed valid for as long as there is no change to the electrical installation and for a maximum of 2 years.

    If the lease agreement is silent on who is responsible for electrical COC's - just who is going to have to foot the bill for a new one now is going to be very situation dependant.
    The trouble with opportunity is it normally comes dressed up as work.

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    Gold Member Sparks's Avatar
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    Who is responsible for the roadworthiness of a rented car?

    The same law appiles.

    How can you rent something out without knowing it is safe to be used? If you are prepared to take the risk you must be prepared to be held accountable.

    How can you rent a place without 1st asking to see the COC. If you are prepared to take the risk...

    A COC is valid for 1 year irrespective of whether changes have been made or not.

    A tenant has the right to ask for a COC unless the contract specifically passes the responsibillity to him/her.

    Which tenant in their right mind would sign a contract like that?

    If there is no COC the supplier has the right to disconnect the power at a fee and on presentation of a valid COC reconnect once again at a fee..

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Sparks View Post
    A COC is valid for 1 year irrespective of whether changes have been made or not.
    I invite you to think about the consequences of that statement and reconsider your position.

    Quote Originally Posted by Sparks View Post
    A tenant has the right to ask for a COC unless the contract specifically passes the responsibillity to him/her.

    Which tenant in their right mind would sign a contract like that?
    Actually it's pretty common practice on commercial and industrial leases where it's not at all unusual for the tenant to make wholesale changes to the electrical installation when they move in.
    The trouble with opportunity is it normally comes dressed up as work.

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    Gold Member Sparks's Avatar
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    , typing not up to spec 2yrs is right. As for the alterations, well they get certified when done which covers them. The COC is for the installation described in Section 3 only.
    As for tenants changing the installation, here they need permission first and are then liable for certification of the changes but not the original installation.

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    I must be reading something incorrectly, A COC is valid as long as the owner, owns the building, if alterations or extentions are done then a COC for that portion would be issued and kept with the exsisting COC.

    However as soon as the "owner" sells the building, a new COC would be required if the previous COC or older than 2 years.

    The tenant is not required to obtain a COC unless he has electrical work done on the property. The COC which is 3 years old is still valid unless there is a change of ownership.

    This is how i understand it, however it could have changed since the last time i read the SANS book, in fact i was involved in a building sale where the seller decided not to get a COC, instead made a clause in the sale agreement which left it up to the purchaser to get a COC as there going to be a lot of alterations done, on more than one occassion.

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    Jy kan die gebou koop sonder coc as jy kan bewys dat die gebou gaan gesloop word of soos ians s baie veranderinge aam gebring gaan word. Daar is geen sin daarin om `n coc uit te reik vir gebou wat verander gaan word nie

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    Site Caretaker Dave A's Avatar
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    I suppose we'd better get this spot on, then.

    From Reg 242 of 2009 - Electrical installation regulations:

    Responsibility for electrical installations
    2. (1) Subject to subregulation (3), the user or lessor of an electrical installation, as the case may be, shall be responsible for the safety, safe use and maintenance of the electrical installation he or she uses or leases.

    (2) The user or lessor of an electrical installation, as the case may be, shall be responsible for the safety of the conductors on his or her premises connecting the electrical installation to the point of supply in the case where the point of supply is not the point of control.

    (3) Where there is a written undertaking between a user or lessor and a lessee whereby the responsibility for an electrical installation has been transferred to the lessee, the lessee shall be responsible for that installation as if he or she were the user or lessor.
    Certificate of compliance
    7. (1) Subject to the provisions of subregulation (3), every user or lessor of an electrical installation, as the case may be, shall have a valid certificate of compliance for that installation in the form of Annexure 1, which shall be accompanied by a test report in the format approved by the chief inspector, in respect of every such electrical installation.
    (2)
    Subject to the provisions of subregulation (3), every user or lessor of an electrical installation, as the case may be, shall on request produce the certificate of compliance for that electrical installation to an inspector, a supplier or, subject to regulation 4(1), an approved inspection authority for electrical installations.
    (3)
    Subregulation (1) shall not apply to an electrical installation that existed prior to 23 October 1992, and where there was no change of ownership after 1 March 1994: Provided that, if any addition or alteration is effected to such an electrical installation, the user or lessor of the electrical installation, as the case may be, shall obtain a certificate of compliance for the whole electrical installation, whereafter the provisions of subregulation (1) shall be applicable to such electrical installation.
    (4)
    Where any addition or alteration has been effected to an electrical installation for which a certificate of compliance was previously issued, the user or lessor of such electrical installation shall obtain a certificate of compliance for at least the addition or alteration.
    (5)
    Subject to the provisions of section 10(4) of the Act, the user or lessor may not allow a change of ownership if the certificate of compliance is older than two years.
    (6)
    The relevant supplier may at any reasonable time inspect or test any electrical installation: Provided that the supplier shall not charge any fee for such an inspection or test unless the inspection or test is carried out at the request of the user or lessor.
    (7)
    If an inspector, an approved inspection authority for electrical installations or supplier has carried out an inspection or test and has detected any fault or defect in any electrical installation, that inspector, approved inspection authority for electrical installations or supplier may require the user or lessor of that electrical installation to obtain a new certificate of compliance: Provided that if such fault or defect in the opinion of the inspector, approved inspection authority for electrical installations or supplier constitutes an immediate danger to persons, that inspector, approved inspection authority for electrical installations or supplier shall forthwith take steps to have the supply to the circuit in which the fault or defect was detected, disconnected:
    Provided further that where such fault or defect is of such a nature that it may indicate negligence on the part of a registered person, the inspector, approved inspection authority for electrical installations or supplier shall forthwith report those circumstances in writing to the chief inspector.
    The trouble with opportunity is it normally comes dressed up as work.

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    Sorry to bring up an old thread.. I have a few questions on CoC

    1) With regards to the CoC, If a house was purchased and a COC issued when sold, and a few days later or few weeks or even month later the buyer finds out there is an electrical problem that should have been picked up when the CoC was done (thus the coc should not have been issued) , how would you handle this situation, does the buyer have any recourse, can the buyer claim damages from the electrician or previous owner. Does they buyer report the electrician.

    2) Can a COC be issued if the Main bedroom wall plugs are connected to the same CB as the geyser, shouldn't it have Earth Leakage Protection. Even if it has got Earth Leakage protection, can wall plug be connected to same CB as geyser

    3) Can a COC be issued if there is a power cable running from the main building underground to a DB of a granny flat, with said cable just be buried under the ground with no other protection around the cable, what if the Gardner is digging.

    4) Can a COC be issued if one bedroom as no light fitting for the main light, just open wires hanging

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by julies View Post
    2) Can a COC be issued if the Main bedroom wall plugs are connected to the same CB as the geyser, shouldn't it have Earth Leakage Protection. Even if it has got Earth Leakage protection, can wall plug be connected to same CB as geyser
    What is the rating of the CB?
    Does the geyser have an isolator?

    Quote Originally Posted by julies View Post
    3) Can a COC be issued if there is a power cable running from the main building underground to a DB of a granny flat, with said cable just be buried under the ground with no other protection around the cable, what if the Gardner is digging.
    What type of cable?
    How deep is it buried?
    How did you check the depth of the cable?

    Quote Originally Posted by julies View Post
    4) Can a COC be issued if one bedroom as no light fitting for the main light, just open wires hanging
    Was there a fitting there when the electrician tested the property/issued a COC?
    The trouble with opportunity is it normally comes dressed up as work.

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