Certificates of compliance – Water

Water Certificate

The City of Cape Town passed a by-law in term of which it is required that a water certificate issued by an accredited plumber is e mailed to Council prior to registration of transfer. The form of the certificate is specifically prescribed in Schedule 4 of the By-Law and Sans 10254 and 10252. The City has indicated that they are not allowed to withhold rates clearances as a result of non-compliance with this requirement. It can be implied from the certificate itself that a new certificate needs to be obtained for each transfer as it does not contain an expiry date and requires the details of the seller, the purchaser and the property in each instance. The certificate does not directly distinguish between Sectional Title Units and Freestanding Erven. However, it is implied that Sectional Title Units and Free Hold Erven are covered, as the result of the fact that “Owner” (the person in whom, from time to time, is vested the legal title to the premises) is defined in Section 1 to include the owner of a Section as defined in the Sectional titles Act and the developer or Body Corporate. The By-Law states in Section 49 thereof that any person who contravenes or fails to comply with its provisions is (amongst other things) guilty of an offence and is, on conviction liable for a fine or imprisonment not exceeding five years or both such fine and term of imprisonment . It is safe to assume that water certificates are applicable for transfers in both instances.