select
|

Sectional Title sellers need additional certificates

In terms of the Occupational Health & Safety Act, all home owners are supposed to have a valid Electrical Certificate of Compliance (ECOC) – and must certainly be able to produce one when selling their property, or the transfer to a new owner will not be able to be registered.
 
More recently, it has also become compulsory for home owners to hold compliance certificates for any electric fence or gas installations on their properties, while in the Western Cape, a by-law requires a water installation certificate to be provided to the local authority when selling a property, before the owner can obtain the municipal clearance certificate required for transfer.
 
However, says Berry Everitt, CEO of the Chas Everitt International property group, while all of these certificate requirements apply to Sectional Title (ST) properties as well as freehold properties, the ST home owner is actually only responsible for compliance within his or her section.
 
“The body corporate, represented by the trustees, is responsible for ensuring the compliance of any relevant installations on the common property, such as security lighting, gate motors, electric fences and any external taps, water pipes and irrigation systems, and for obtaining the necessary compliance certificates.
 
“So in practice, ST owners who want to sell their properties need to obtain copies of the body corporate’s ECOC and other certificates and submit them to the transfer attorneys along with the originals of the certificates that pertain to their own units.
 
“And this is not always as easy as it sounds. Certificates can get lost, and sometimes they are not replaced when necessary, or not obtained at all. The other owners who are not selling and don’t currently need copies of valid common property certificates may also argue against the cost of obtaining new ones.”
 
But the situation is likely to improve, he says, as more and more schemes begin to implement Regulation 22 of the Sectional Titles Schemes Management Act, which came into effect a year ago. This regulation provides for every ST scheme to have a written 10-year maintenance for all major items or systems on the common property – including those that will require new or updated compliance certificates when they are repaired or replaced.
 
“What is more, Regulation 2 of the Act provides for the body corporate, made up of all the owners, to establish a reserve fund to finance the maintenance plan – so there should be no more disputes about who should pay for which repairs or which certificates.
 
“Nevertheless, it is probably going to take a while for all the reserve funds and maintenance plans to be put in place, and until then, ST owners who plan to sell would be well advised to start gathering up all the compliance certificates they need as soon as possible.”
 
Meanwhile, says Everitt, those ST owners who begrudge the cost of a new compliance certificate for a common property installation should consider what could happen if someone were to be electrocuted, for example, or there was a fire caused by an electrical short, and the insurance rejected any claim for damages because the system was not certified safe.
 
“In addition, all home owners should refrain from DIY when it comes to electrical work. If you need extra plug points or additional lights, rather hire a qualified electrician. And don’t forget to get the whole system re-certified once the alterations have been made.”


  Comment on this Article

  Please login to post comments

Post to my facebook wall
  
2000
Characters remaining


    Latest Property News
    • 19 Jan 2018
      Extending from Randfontein in the west to Roodepoort in the east and including the towns of Krugersdorp and Magaliesburg, the West Rand has a plethora of property available to residents who choose to make this unique area their home.
    • 19 Jan 2018
      When it comes to financial planning, doing the work to ensure you’re prepared for unexpected emergencies is just as important as ticking off your other goals and New Year’s resolutions. The beginning of the year is also the perfect time to review your various insurance policies.
    • 19 Jan 2018
      No surprises at the first Monetary Policy Committee of 2018, as Reserve Bank Governor, Lesetja Kganyago, announced that the interest rates would stay at their current levels.
    • 18 Jan 2018
      The Southern Suburbs make up some of the most popular residential areas in Cape Town, comprising charming groups of suburbs which lie to the south-east of the slopes of Table Mountain. It is seen as the city's most expensive residential neighbourhoods with a choice of various private schools, upmarket eateries, wine estates, beautiful homes and trendy apartments.
    • 18 Jan 2018
      New year, new goals! If you’ve resolved to purchase your first property in 2018, then this 6-step guide from the Rawson Property Group is a must-read. It will help you navigate and simplify what is often be seen as a confusing process of buying your first home – right from the house-hunt to the house-warming.
    • 17 Jan 2018
      While the current property market may still favour buyers, it doesn’t mean that they shouldn’t be well prepared before putting in an offer to purchase.
    • 17 Jan 2018
      Lightstone lists Blair Atholl as the most expensive suburb with an average house price of R11.2 million, followed by Westcliff (R10.5 million), Dunkeld (R9.3 million), Sandhurst (R9.1 million) and Inanda (R7.2 million).
    • 17 Jan 2018
      As it currently stands, there are four main ways in which a home can be bought in South Africa, says Adrian Goslett, Regional Director and CEO of RE/MAX of Southern Africa, who adds that deciding in which legal entity to purchase the property is not a decision that should be entered into lightly, as each has its pros and cons.
        
    X
    Subscribe to the MyProperty Newsletter

    Name  
    Last Name  
    Email Address  
    Email Frequency
    select
    X
    Share this Page

       
    For Sale Property
    Rental Property
    More Options
    About
    Connect with us
    FEEDBACK