*Article updated 28 April 2023
As more homeowners withdraw from the grid and install alternative or renewable energy systems in their homes such as solar panels, there is a bit of confusion about electrical certificates and whether they are required for these systems when buying or selling property
Electrical Fence and Gas Compliance Certificates
According to the Conveyancing and Property Law team at Abrahams & Gross, electrical certificates are regulated by the Electrical Installation Regulations. The Regulations provide that every user or lessor of an electrical installation must have a valid certificate. When a property is sold, the owner must provide the buyer with an electrical certificate that is not older than two years.
These certificates are always required before lodgement in the Deeds Office. "Some of the banks have experts who will scrutinise Certificate of Compliance before they allow bank guarantees to be issued," says Conveyancing Attorney Denoon Sampson, Denoon Sampson Ndlovu Inc. "
"It is therefore vitally important to avoid invalid Certificates, because inevitably, the Purchaser and/or his prospective Home Loan Bank will detect an invalid or bogus Certificate. In such instances, costly delays will be incurred, because the Purchaser will request a second electrician to query and dispute the first Certificate."
READ: Speed up your property transfer in a 'third of the time' with this checklist
How does solar fit into electrical certificate regulations?
The Regulations explicitly make provision for electrical certificates, however, what happens in instances where property is powered by solar panels? Does solar energy fall within the ambit of the definition of “electrical installation”? Is an electrical certificate still required?
The legal definitions of an electrical installation as follows
Abrahams & Gross says the Regulations define "electrical installation" as any machinery, in or on any premises, used for the transmission of electricity from a point of control to a point of consumption anywhere on the premises, including any article forming part of such an electrical installation irrespective of whether or not it is part of the electrical circuit, but excluding -
(a) any machinery of the supplier related to the supply of electricity on the premises;
(b) any machinery which transmits electrical energy in communication,
(c) control circuits, television or radio circuits;
(d) an electrical installation on a vehicle, vessel, train or aircraft; and
(e) control circuits of 50 V or less between different parts of machinery or system components, forming a unit, that are separately installed and derived from an independent source or an isolating transformer.
READ: Home owners reminded to do these crucial safety and security checks during loadshedding
Solar is not precluded in the electrical installation definition
For purposes of this article, it is only important to note that there is nothing in this definition that will preclude solar panel control circuits from being an “electrical installation”. Therefore, it would appear that a compliance certificate will still be a requirement in instances where solar power is used.
Furthermore, the prescribed certificate of compliance as provided in the Regulations generally include solar panel installations.
Obtain a certificate of compliance for your alternative energy installation
Without much certainty in this regard, it would be beneficial for the Regulations to be updated accordingly. In the interim, however, a reasonable inference may be drawn that compliance certificates should be obtained in instances of solar power being used.
Additional certificates required include:
Beetle Certificate:
Beetle certificates are no longer required by law but are standard in Western Cape and KwaZulu-Natal sale agreements.
Electrical Fence Certificate:
This is governed by the Electrical Machinery Regulations which were promulgated in terms of the Occupational Health & Safety Act. The overriding purpose of requiring an Electrical Fence Certificate is to ensure that the installation is safe. Electrical fence certificate can prove tricky with sectional title transfers. The purpose of the Electrical Fence Certificate is to ensure safety.
The Water Certificate is a City of Cape Town by-law:
City of Cape Town requires all property sellers to furnish a Water Certificate.
Water Installation Certificate:
In 2011, the City of Cape Town Municipality passed a new water by-law which requires that, with effect from 18 February 2011 onwards, all sellers of properties within its jurisdiction must furnish a Water Certificate or Plumbing Certificate to the municipality before transfer of ownership.
Gas Certificate:
Pressure Equipment Regulations were also promulgated under the Occupational Health and Safety Act (effective October 2009), which brought gas appliances installed in properties more or less in line with electrical installations.
Speak to a conveyancing expert that has considerable expertise and experience with all matters related to buying or selling your property, including what compliance certificates are required for homeowners, or when considering leasing commercial or industrial property.
Many South Africans, who may have held out in hopes of brighter days, are now considering installing solar power systems in their homes and business premises as the reality of load-shedding’s longevity becomes apparent. However, the various factors that must be taken into consideration, added to the abundance of product options and providers available, as well as the costs, can make it daunting and difficult to know where to start.
To help take your first steps into solar, Orlando Luis, CEO of Brights Hardware, has created a list of the basic things to consider, and do.
Step 1 – Do your homework before you install solar
“Firstly, try and reduce the amount of electricity that you consume. For example, if in your home you’re still cooking on an electric stove, it might be a good idea to switch to a gas hob and oven. Also limit the use of things such as pool pumps and tumble driers. Whether in your home or business premises, it’s a good idea to replace all your bulbs with energy-efficient LEDs and cut down on things such as the air conditioning or heating etc.”
“Then decide what your goals are – do you want to have a backup source of power to get you through load-shedding, or do you want to get off the grid completely?” According to Luis, many people start with a more affordable basic system with the plan to upgrade over time, adding more solar panels and batteries, as budget allows.
“Next, you should measure your power consumption to better understand what size system you need to meet your immediate goals, and also your future goals (if you are planning an upgrade in time),” Luis advises that you can use your monthly electricity bill to get a guideline.
An important part of doing your homework before going solar is to choosing a reputable solar installer. “An experienced and reputable solar expert will be able to guide you on your solar installation in terms of meeting immediate goals, as well as a future solar system upgrade plan. They will also be able to help guide you on the choice of quality panels and batteries. In addition, they will work with you to meet the required by-laws and regulations governing solar installations,” says Luis.
READ: Solar Power | Will buyers pay more for solar-powered homes?
“Some things to look out for when choosing your solar contractor include an established track record with a list of contactable references, a strong commitment to aftersales service, and generous service warranties. It is important to find out if the contractor is accredited to install solar systems and can give you a certificate of compliance – which is required for insurance purposes.”
“Using unqualified personnel or poor-quality equipment can cause power surges that result in damage to your home’s other electrical equipment or even fires and could lead to insurance not paying out in the event of household damage,” warns Luis.
“Other things to consider include your budget, the slope, size and condition of your roof, and any rules governing your property such as those under a body corporate or municipal legislation.”
Step 2 – Buying the solar panels and batteries
Once you have ascertained your budget, usage levels, and solar goals, you will have an idea of how many solar panels and batteries you need. A good solar installer will also help guide you on this aspect.
“It is important to purchase good quality solar panels and batteries,” says Luis, “and not necessarily always go for the cheapest on the market. For example, I always recommend lithium-ion over lead-acid or deep-cycle gel batteries because they have a much longer lifespan, however, they do cost more in the short run.”
“When it comes to solar panels, the most important aspects to look for are if the panels are poly or monocrystalline, what their power and efficiency rating is, the overall quality and durability, and the manufacturer’s guarantees.”
Luis explains that mono-crystalline solar panels have solar cells made from a single crystal of silicon, while poly-crystalline solar panels have solar cells made from many silicon fragments melted together. “Mono-crystalline panels, in general, have higher efficiencies than poly-crystalline panels but are more expensive. The option you choose comes down to your personal preferences and finances.”
All solar panels receive a power rating indicating the amount of power they produce under standard test conditions. According to Luis, a higher power rating means that the panels are more effective at producing power. “Solar panel efficiency represents how effectively a solar panel can convert solar radiation into electricity. Efficiency is particularly important if you have limited roof space and large energy bills. Look for solar panels that are ISO (International Organization for Standardization) 9000-compliant and certified, which means that they meet quality assurance standards. Solar panel durability metrics measure how well panels will hold up over time through years of outdoor wear and tear.”
Luis goes on to advise that the manufacturers’ warranties are an extremely important factor in the buying decision. “If a problem occurs post-installation, a strong warranty will protect you from financial loss. Read the fine print and check what the output warranties are, and what the material warranties cover."
READ: Renewable incentives a ray of light in Budget 2023
Step 3 – What you need to do once your solar system is installed
“It is important to note that if your solar installation is still tied to the electricity grid it must be signed off by a professional electrical engineer registered with the Engineering Council of South Africa and your system must also be registered with your local municipality.”
“Then remember to let your insurance know about your new solar installation. Check whether your insurer has any additional requirements for insuring the system, and read your insurance policy to ensure it covers damage caused by extreme weather, power surges and fires.”
“Going solar is not an inexpensive solution but done correctly it will provide many years of power solutions to your home or business premises, as well as increase the value and desirability of a property – not to mention the perk of weathering load-shedding with absolute ease.”
* Disclaimer: The articles on these web pages are provided for general information purposes only. Whilst care has been taken to ensure accuracy, the content provided is not intended to stand alone as legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.
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