Electrical Compliance Certificates: Originals?

[Sieg]

My question: Who must keep the original electrical compliance certificate issued by the electrician, i.e. the new owner, the estate agent, the conveyancer, the Municipality (if its a new complex), the ECA or who?

Sieg

[duncan drennan]

I remember reading an article on Property24 by an inspector which said that the certificate should be kept on the property. I'll scratch for the link a bit later today. I have no idea what the law says about this though.

[Dave A]

I was asked this question the other day at a presentation to estate agents.

What is commonly happening is that the conveyancing attorney is keeping the COC on file. I'd argue this is not such a bad thing, as the document is in fairly safe custody.

However, by my understanding, it is the user of an electrical installation that must have a valid electrical COC in their possession and obviously the user is not necessarily the owner!!

Perhaps the best solution is to distribute certified copies? I would hope that certified copies are as valid as the original. But Sieg, you can probably answer that point better than I.

[Alan]

Legally the user of the installation must be in possession of a valid COC. The municipality only needs a copy and basically only ask for it on a new installation or any installation where they have been involved with some kind of modification or repair.

[duncan drennan]

Here is the article that I mentioned on Property24

The Electrical Installation Regulations require every user or lessor of an electrical installation (i.e. a premises that is electrified) to have a valid CoC, which is transferable, in respect of such an installation. There is an exception that if the installation existed prior to October 1992 and there have been no addition or alteration to that installation, and it has not changed ownership since 1 January 1994, then no CoC is required. Once a change of ownership occurs, a CoC is required."
_____________________

Remember that: a homeowner is required to have a CoC for the electrical installation on the premises unless the installation predates 1992 and there have been no additions or alterations and no change of ownership.

Full article on Property24

[Dave A]

The actual regulations are here.

Responsibility for electrical installations

2. (1) 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 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 connecting the electrical installation to the point of supply in the case where the point of supply is not the point of control.

So the short answer is it goes to the purchaser.

This raises a side issue. When the Department of Labour checks an industrial/commercial premises for a COC. It is the user (commonly the lessee) that is squeezed to produce COCs!

[duncan drennan]

So the short answer is it goes to the purchaser.

Which takes preference, user or lessor? They can definitely be different people.

[Dave A]

What makes it particularly interesting is the operative "or".

It seems you can't lease a building incorporating electrical machinery without the COC. This places the onus on the lessor.

However, the lessee in this instance would be responsible for the COC for electrical machinery that is his/her own property, ie. not leased from a lessor.

Getting confused yet

I suspect the best way to understand it is to think lessor first, user second. If there is no "lessor", then "user" applies. I guess this is why we need lawyers.

[duncan drennan]

Maybe best practice would be to keep either the original or a certified copy on the premises? The owner/lessor can then keep the original.

Question: So in the case of a tenant installing their own electrical equipment (let's say a baker is leasing a building and installs ovens etc.) then a new COC would have to be obtained...correct? Obviously another COC would have to be obtained if the tenant moved out (with their equipment).

[Dave A]

Question: So in the case of a tenant installing their own electrical equipment (let's say a baker is leasing a building and installs ovens etc.) then a new COC would have to be obtained...correct?

A seperate COC can be issued on the addition to the electrical installation. This would effectively be supplemental to the existing COC on the existing installation.

In theory, every addition or alteration to the electrical installation requires a COC. In practice, this rarely happens, particularly as most "electricians" carrying out this work are not certified wireman as required to issue the COC.

[Candy Bouwer]

and so the plot thickens it seems...it really is confusing to the laymen out there...

[duncan drennan]

In theory, every addition or alteration to the electrical installation requires a COC. In practice, this rarely happens, particularly as most "electricians" carrying out this work are not certified wireman as required to issue the COC.

So, in theory, I can expect a registered electrician to issue me with a COC after they have completed alterations to my property's electrical installation?

[Dave A]

Indeed, yes. In fact, you should insist.