BASICS REGARDING THE NEW REGULATIONS:

The issue of Certificates of Compliance (ECC) is regulated by the Occupational Health & Safety Act, 1993 read with the Electrical Installations Regulations 2009 (as amended from time to time). It is no longer regulated by the Machinery and Occupational Safety Act No. 6 of 1983 and the Electrical Installations Regulations of 1992 as still stated in most offer to purchases.

The new regulations makes it clear that no user may sell property without a valid ECC.

User: is defined to include an owner, mandatory and lessor.  A mandatory is any person involved in the sale of property.  This included an estate agent. 

Sell: is defined and include – a for sale notice board, a lease and a donation.

Section 22:  Subject to Sec. 10(4) where a safety standard is prescribed, no person shall sell or market an article, plant, machinery etc. unless it complies with the safety standard.

Legally no person is allowed to advertise their property as for sale without a valid ECC. The estate agent needs to ensure that an owner has this ECC when the property is put on the market.

No person is also allowed to donate a property (example: family transfers or 1/2 share transfers) without a valid ECC.