Regulation 12 of the Electrical Machinery Regulations, 2011 imposes an obligation on the user of an electric fence system to have an electric fence system certificate of compliance in the event that a property with an electric fence is transferred.

Regulation 12 does not prohibit transfer of ownership in the absence of such certificate (unlike the case with electrical compliance certificates). It however places an obligation on the “user” to obtain one.

Therefore an electric fence system certificate is required in addition to an electrical compliance certificate if the property has an electric fence, which is defined as an electrical barrier against the trespass of persons or animals which consists of one or more bare conductors. A fence energiser means the electrical machinery arranged so as to deliver a period non-lethal amount of electrical energy to an electric fence connected to it.

Regulation 12(4) and 12(5) of the Regulations requires every user or lessor of an electric fence system to have an electric fence system certificate in respect of such electric fence system if;

• it has been installed after 1 October 2012, or
• if any addition or alteration was effected to an existing electric fence system after 1 October 2012, or
• if there is a change of ownership of the immovable property on which such electric fence system exists after 1 October 2012