
Originally Posted by
skatingsparks
Are the banks likely to have a problem with a CoC which just has pretty much one socket circuit with a socket? As long as I detail everything else is disconnected and the CoC just covers the temp board all should be fine. Right?
Our experience is the banks will accept it.
Bearing in mind your comment that the home owner will likely reconnect everything once you're gone, let me point out another option - that the purchaser takes responsibility for the procurement of the electrical COC.
I do training presentations for estate agents on the electrical COC, and the situation where there is going to be big renovations by the purchaser is a regular question raised.
My advice to them is as follows:
You indicated a situation where it would suit for the purchaser to take responsibility for the procurement of an electrical certificate of compliance.
As indicated in the training, the requirement for an electrical COC for transfer of ownership arises from the Occupational Health and Safety Act 1993 and regulations made thereunder.
Within the Act section 22 states as follows:
Subject to the provisions of section 10 (4), if any requirement (including any health and safety standard) in respect of any article, substance, plant, machinery or health and safety equipment or for the use or application thereof has been prescribed, no person shall sell or market in any manner whatsoever such article, substance, plant, machinery or health and safety equipment unless it complies with that requirement.
Section 10 (4) states as follows:
Where a person designs, manufactures, imports, sells or supplies an article or substance for or to another person and that other person undertakes in writing to take specified steps sufficient to ensure, as far as is reasonably practicable, that the article or substance will comply with all prescribed requirements and will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first- mentioned person from the duty imposed upon him by this section to such an extent as may be reasonable having regard to the terms of the undertaking.
In essence, the law allows for the purchaser to take responsibility for the procurement of the electrical Certificate of Compliance under appropriate conditions. On a practical level, it must be noted that where this is done, DOL expects an electrical COC to be issued before anyone occupies the building (or occupation is transferred – with occupation being something different to possession).
Thus if the purchaser specifically undertakes to obtain the electrical COC per the sales agreement and you include an undertaking on the part of the purchaser that the electrical COC shall be obtained prior to taking occupation (or upon completion of building work etc.), it seems the seller can lawfully be released from the responsibility to provide the electrical COC and transfer of ownership may be effected.
This option is particularly suitable for where major renovations or rebuilding is envisioned.
One question that may remain is whether the bank will allow bond finance to be paid over on transfer without a COC in place.
Unfortunately no-one has come back to me with feedback on that last question as yet ...
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