NOTICE TO ALL CLIENTS

 

(Electrical Compliance Certificates with effect from 01 May 2009)

 

The new Electrical Installation Regulations were published in Government Gazette No. 31975 on 6 March 2009, under Government Notices – Department of Labour No. R.242. The current regulations expire at midnight on 30 April 2009 and the new regulations become effective on 01 May 2009.

 

There are a few items contained in the new regulations which we would like to draw your attention to.

 

RESPONSIBILITY FOR ELECTRICAL INSTALLATIONS

 

This regulation has been amended to include a provision that allows a written undertaking between the lessor (owner) and the lessee (tenant) to transfer the responsibility for the electrical installation to the lessee. In such instances the lessee becomes responsible for the installation as if he or she were the user or lessor (owner). If no such agreement exists the lessor is responsible. This seems quite onerous because the lessor would not necessarily be aware of any electrical problems or of interference that may take place at an electrical installation. Perhaps the best way lessors (owners) could safeguard their own interests would be to obtain a certificate of compliance in respect of their property and then transfer the responsibility for the electrical installation to the lessee (tenant) by entering into an agreement which inter alia contains a clause that all future alterations, additions and repairs are to be certified compliant by a registered person.

 

CERTIFICATE OF COMPLIANCE

 

The regulations call for every user or lessor (owner) of an electrical installation to have a valid certificate of compliance for such an installation.

 

Furthermore, if alterations or additions are made to an installation*, a compliance certificate must be obtained for the whole installation.

 

A specific period of validity is also contained in the new regulations. Regulation 7. (5) states that the user or lessor (owner) may not allow a change of ownership if the certificate of compliance is older than two years.

 

New format certificates of compliance will bear a unique number issued by the Chief Inspector of the Department of Labour. Whilst the format of the new certificate is available in the Government Gazette, the method of distributing the unique numbers remains unknown. We have been advised by the Electrical Contractors’ Association / Electrical Contracting Board to continue using the existing format certificates until further notice.

 

* ELECTRICAL CONTRACTOR

 

The regulations state that no person may do electrical installation work as an electrical contractor unless that person has been registered as an electrical contractor in terms of the Regulations.

 

Sellers should therefore be cautioned not to use unregistered contractors who on completion of electrical installation work will not be able to issue a certificate of compliance issued by a registered person.

 

Please feel free to request a copy of Government Notice No. R 242 dated 6 March 2009 from us. We are also available at any time to address your organization on this subject.

 

 

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Disclaimer:

 

The information in this publication is derived from sources which are regarded as accurate and reliable, is of a general nature only, does not constitute advice and may not be applicable to all circumstances. Detailed advice should be obtained in individual cases. No responsibility for any error, omission or loss sustained by any person acting or refraining from acting as a result of this publication is accepted by PESCO Services and/or the authors of the material.