Certificates of compliance – Electrical

Electrical Certificate

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) requires every user or lessor of an electrical installation to be in possession of a valid certificate of compliance and to produce such a certificate on request to an inspector, supplier or approved inspection authority, unless there is an agreement to transfer the responsibility to the lessee as aforementioned. Excluded are electrical installations that existed prior to 23 October 1992 and where there was no chance of ownership since 1 March 1994 (unless there had been an addition or alteration to the electrical system). Prior to 1 May 2009, the certificate, once issued, continued to remain valid until or unless the Seller made additions or alterations to the electrical installation and if he/she did, only needed a new certificate for the portion of the installation that was impact upon as a result of the addition or alteration. The Electrical Certificate of Compliance was also transferable with no limitations. However, currently the owner may not transfer a certificate if the certificate of compliance is older than two years. If the certificate is not older than 2 years it is freely transferable. Any person who contravenes or fails to comply with any of the provisions mentioned above, shall be guilty of an offence and liable upon conviction to a fine or to imprisonment for a maximum period of 12 months and, in the case of continuous offence, to an additional fine of R200.00 for each day on which the offence continues or to additional imprisonment of one day for each day on which the offence continues:- Provided that the period of such additional imprisonment shall not exceed 90 days.


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