Electric Fence System Certificate
Article Provided by Leanne Jooste, B Law Inc. Attorneys
What is an electric fence certificate?
In terms of the Occupational Health and Safety Act ("the Act"), it is compulsory that an Electric Fence System Certificate ("EFSC") is issued in terms of any electric fence system that is installed on a property. The Electrical Machinery Regulations (part of the Act) came into operation on 1 October 2012.
An EFSC is issued by a registered electric fence installer, registered with the Department of Labour, and not by an electrician. The certificate will not be issued if the electric fence system does not comply with the Electrical Machinery Regulations.
How long is it valid for?
An EFSC is valid for a period of 2 (two) years from the date of issue.
When is it required?
- Each time there is a change of ownership of a property after 1 October 2012, the seller shall need to obtain an EFSC.
- It is not a requirement in terms of the Act that an owner of a property should be in possession of an EFSC if the electric fence already existed as of the 1st of October 2012, however, the owner will need to supply an electric fence system certificate upon the sale and transfer of the property.
- In the event of any upgrade or change to the electric fence system, a new certificate will need to be obtained.
What is the position in a sectional title scheme or security complex/estate?
In respect of sectional title schemes or security complex properties, the situation must be assessed from the layout of the complex, the location of the relevant section or erf, and the location of the electric fence system applicable.
In the event that the electric fence system is located on the common property of the sectional title or the security complex, the body corporate or the homeowners association will need to provide the electric fence system certificate to the purchaser of the property, in the event that the purchaser demands a copy thereof.
A body corporate or homeowners association will need to ensure that they comply with the requirements set out in the Act due to the fact that electric fence systems are hazardous and to avoid any potential liability in the event of injury or death.
De Lucia Group has been servicing the property industry for over 45 years. Contact us to ensure you get the best advice for all your property-related queries. Michael De Lucia - michaeldl@delucia.co.za
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The information contained herein is not intended to constitute advice and shall only be relied upon by you at your own risk. De Lucia Group does not guarantee the accuracy or completeness of any information posted in this newsletter or otherwise. Any information relied upon by you should be independently verified for accuracy. De Lucia Group reserves the right to change the content distributed or published without prior notice.
02 Mar 2023
Author De Lucia Group