No original CoC

[Derlyn]

Question.

Why is it that when a property is sold on an auction, a new coc, less than 2 yrs old, is not required for the transaction to go through ?

Peace out ... Derek.

edited.

[Leecatt]

I am sure that the actioned property requires a coc. It has to be provided by the buyer.

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[ians]

While on the subject of original COC's ... when selling a property ... can you still add a clause to the sale agreement which excludes the COC at the time of purchase?

[Leecatt]

If I'm not mistaken no, you can't. The requirement of a coc is from the transferring attorney. The transferring attorney cannot complete his /her transfer without it. You can however, draw up a contract with the buyer so that the buyer takes responsibility for the CoC.

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[ians]

We have done it in the past ... I just dont know if the rule has changed in past 2 years ... if I recall the new owner had to make sure the installation was compliant with 6 months of the transfer.

I was discussing this with a customer and we were thinking of disconnecting the electrical installation from the mains supply and removing all the wiring from the DB ... the house has old wiring which needs to be replaced ... my suggestion was to allocate 2 hours to strip as much as possible ... or just fit a ready board next to the meter box and exclude any wiring left on the property.

[Derlyn]

Ok. I have now had a long chat with someone who is in the business of buying, renovating and reselling houses and I posed the question to him.

If one buys a property on a sale in execution auction, the attorneys will go ahead with the transfer without a coc for the following reasons

1) It would be highly unlikely that someone who doesn't really want the property to sell, would do anything to assist the process and

2) Should the buyer need to get an eviction order , he can only do so if the property is registered in his name.

It is written into the contract that the buyer will supply a coc prior to anyone taking occupation after the transfer has gone through.

Peace out .. Derek.

[Dave A]

It is written into the contract that the buyer will supply a coc prior to anyone taking occupation after the transfer has gone through.

That is the critical bit.

Section 10 (4) of the OHS reads 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.

[Derlyn]

@ Dave

That is probably the regulation that the attorneys use to circumnavigate Reg 7.5 in the electrical regulations.

Many times I have been asked by clients to explain to them how the validity of a COC works.
I always compare it to a roadworthy certificate for a light motor vehicle ie. The roadworthy certificate is valid indefinitely, however, a new one is required in order to register the vehicle on someone else's name. Makes it easier for them to understand.

Now the million dollar question.

Why can the same not work for a car registration. There's no way that a car will be registered without a new roadworthy certificate, unless it's an inheritance.

Interesting.

Peace out .. Derek

[ians]

This clears it up ... if you fit 1 socket outlet on a property which doesnt have an original COC.

Copied from the ECA website.


"I have conducted work at client’s premises and the client cannot produce the original CoC document; can I issue a CoC only for the extension that I have installed?

If the electrical installation existed prior to 23 October 1992 and there has been no change of ownership after 1 March 1994, the user of the property is not required to be in possession of a Certificate of Compliance. When alterations have been effected within an electrical installation the user is required to obtain a CoC for the entire electrical installation.

It is advisable to obtain the original CoC prior to the commencement of work within an existing property. Should the CoC not be available, the electrical contractor should advise the client about the costs involved in making the electrical installation compliant to the latest standards in order to prevent a dispute between the contractor and the client."

[Dylboy]

Happy new year all!

Thanks Ians for the above. I have read that too before.

My thought now is that if I tell the client he needs a full CoC for me to install a light he will tell me where to get off.... he/she will think I am taking the piss and screwing him, I can then show him that law and he will then say "oh wow, maybe next time" and then as soon as I leave they will phone next spark as they will 99% do it anyway...

In the above it ended with to not have a dispute between client and contractor, so maybe the thing is to make a comment jn section 3 and maybe add a supplementary document stating that client was informed and it is not practicable that then what i installed (the one light) will be the original.

Once more the good guy looses out and people already hate paying for us to find a fault "as it worked yesterday" and its a grudge payment...

Edit:

I see the bit in red highlighted is for the houses mentioned in that time line... then the last bit I feel is then for every other property which should have a CoC so then I see it as if we make out socket circuit the original and in comments state that original is not around and client has been recommended to get one done.

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