Q: When a property is rented or leased, who is responsible for the electrical Certificate of Compliance (CoC) – the tenant, lessor or owner?
A: Regulation 7 of the Electrical Installation Regulations (within the OHS Act) compels the user or lessor of an electrical installation to have a valid electrical CoC and test report for the property he/she owns; and the owner (user, lessor) of a property is responsible for the electrical safety of that property.
However, should the owner of a property rent or lease the property to a third party, there are two scenarios to consider:
- There is no written agreement between the lessor and lessee that transfers the responsibility for the electrical safety of the property to the lessee.
- There is a written agreement between the lessor and lessee that transfers the responsibility for the electrical safety of the property to the lessee.
No agreement
If there is no signed undertaking between the owner/lessor and the lessee who is using/renting/leasing the property, the responsibility defaults to the owner, who must ensure that there is a valid electrical CoC for the property and that the electrical safety of the property is maintained.
It is recommended that the lessor provide the lessee with a copy of the CoC, which should be produced in the event that the lessee is asked to do so by an inspector from the local municipality or the Department of Labour. The lessee is entitled to request such copy from the landlord.
The owner/lessor remains responsible for the electrical maintenance, which includes the replacement of a faulty geyser, repairs to wiring, light fittings, gate motors, pool pumps, etc. The owner also remains responsible for any supplementary CoCs that may be required when alterations are done to the electrical installation. Even if the lessee takes it upon him/herself to have alterations or additions done, the owner or lessor is still accountable; the lessee is considered under the landlord’s control and it is expected that the arrangements governing such will be in place.
Agreement
Where there is a written undertaking between the lessor and the lessee, which transfers responsibility from the owner (user, lessor) to the lessee, the lessee has to maintain the electrical safety of the installation and have a valid CoC, as if he/she were the owner/lessor – regulation 2(3). Clause 10 (4) of the OHS Act relieves the lessor/owner of the duty to do so, subject to the terms of the written undertaking.
It is recommended that the lessor provide the lessee with the CoC at the onset, and that when taking occupation, the lessee will have to employ the services of a registered electrician to make any required changes and issue a CoC and test report. The lessee will then be responsible for keeping the CoC current, and when vacating the premises to return the installation to its original state and provide the lessor with a current CoC; however, this may depend on the terms of the agreement.
Supporting legislation
The applicable legislation can be found in the OHS Act No 85 of 1993 as amended and the Electrical Installation Regulations (EIR) within the OHS Act.
Electrical Installation Regulations 2009
2. Responsibility for Electrical Installations
(1) Subject to sub regulation 7(1), the user or lessor of an electrical installation, as the case may be, shall be responsible for the safety, safe use and maintenance of the electrical installation he or she uses or leases.
(2) The user or lessor of an electrical installation, as the case may be, shall be responsible for the safety of the conductors on his or her premises connecting the electrical installation to the point of supply in the case where the point of supply is not the point of control.
(3) Where there is a written undertaking between a user or lessor and a lessee whereby the responsibility for an electrical installation has been transferred to the lessee, the lessee shall be responsible for that installation as if he or she were the user or lessor.
… read in conjunction with …
7. Certificate of Compliance
- Subject to the provisions of sub regulation (3) every user or lessor of an electrical installation, as the case may be, shall have a valid certificate of compliance for that installation in the form of Annexure 1 , which shall be accompanied by a test report in the format approved by the chief inspector, in respect of every such electrical installation.
… and from DoL’s explanatory notes quoted from the OHS Act, Act 85 of 1993:
… “user”, in relation to plant or machinery, means the person who uses plant or machinery for his own benefit or who has the right of control over the use of plant or machinery, but does not include a lessor of, or any person employed in connection with that plant or machinery.
Notes:
- The lessor is included into the regulations because the lessor is excluded from the definition of “user” in the OHS Act.
- These electrical installations may be on a domestic property, commercial property, industrial property or agricultural property. Sub regulation 2
The user or lessor of an electrical installation, as the case may be, shall be responsible for the safety of the conductors on his or her premises connecting the electrical installation to the point of supply in the case where the point of supply is not the point of control.
Note: Self explanatory
- Sub regulation 3
Where there is a written undertaking between a user or lessor and a lessee whereby the responsibility for an electrical installation has been transferred to the lessee, the lessee shall be responsible for that installation as if he or she were the user or lessor.
Note: Self explanatory
OHS Act no 85 of 1993 as amended
10. General duties of manufacturers and others regarding articles and substances for use at work
(4) Where a person designs, manufactures, imports, sells or supplies an article or substance for or to another person and that other person undertakes in writing to take specified steps sufficient to ensure, as far as reasonably practicable, that the article or substance will comply with all prescribed requirements and will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first mentioned person from the duty imposed upon him by this section to such an extent as may be reasonable having regard to the terms of the undertaking.
22 Sale of certain articles prohibited
Subject to the provisions of section 10 (4), if any requirement (including any health and safety standard) in respect of any article, substance, plant, machinery or health and safety equipment or for the use or application thereof has been prescribed, no person shall sell or market in any manner whatsoever such article, substance, plant, machinery or health and safety equipment unless it complies with that requirement.
Note: Renting can be construed to be included under “sell or market” as contemplated in Article 22 and “sells or supplies” in Article 10(4).
Q: When a property is rented or leased, who is responsible for the electrical Certificate of Compliance (CoC) – the tenant, lessor or owner?
A: Regulation 7 of the Electrical Installation Regulations (within the OHS Act) compels the user or lessor of an electrical installation to have a valid electrical CoC and test report for the property he/she owns; and the owner (user, lessor) of a property is responsible for the electrical safety of that property.
However, should the owner of a property rent or lease the property to a third party, there are two scenarios to consider:
- There is no written agreement between the lessor and lessee that transfers the responsibility for the electrical safety of the property to the lessee.
- There is a written agreement between the lessor and lessee that transfers the responsibility for the electrical safety of the property to the lessee.
No agreement
If there is no signed undertaking between the owner/lessor and the lessee who is using/renting/leasing the property, the responsibility defaults to the owner, who must ensure that there is a valid electrical CoC for the property and that the electrical safety of the property is maintained.
The lessor must provide the lessee with a copy of the CoC that has been certified by a commissioner of oaths, which should be produced when the lessee is asked to do so by an inspector from the local municipality or the Department of Labour.
The owner/lessor remains responsible for the electrical maintenance, which includes the replacement of a faulty geyser, repairs to wiring, light fittings, gate motors, pool pumps, etc. The owner is also responsible for any supplementary CoCs that may be required when alterations are done to the electrical installation.
Agreement
Where there is a written undertaking between the lessor and the lessee, which transfers responsibility from the owner (user, lessor) to the lessee, the lessee has to maintain the electrical safety of the installation and have a valid CoC, as if he/she were the owner/lessor – regulation 2(3). Clause 10 (4) of the OHS Act relieves the lessor/owner of the duty to do so, subject to the terms of the written undertaking.
The lessee will have to employ the services of a registered electrician to issue a CoC and test report when taking occupation and again when they move out, however, this may depend on the terms of the agreement.
Supporting legislation
The applicable legislation can be found in the OHS Act No 85 of 1993 as amended and the Electrical Installation Regulations (EIR) within the OHS Act.
Electrical Installation Regulations 2009
2. Responsibility for Electrical Installations
(1) Subject to sub regulation 7(1), the user or lessor of an electrical installation, as the case may be, shall be responsible for the safety, safe use and maintenance of the electrical installation he or she uses or leases.
(2) The user or lessor of an electrical installation, as the case may be, shall be responsible for the safety of the conductors on his or her premises connecting the electrical installation to the point of supply in the case where the point of supply is not the point of control.
(3) Where there is a written undertaking between a user or lessor and a lessee whereby the responsibility for an electrical installation has been transferred to the lessee, the lessee shall be responsible for that installation as if he or she were the user or lessor.
… read in conjunction with …
7. Certificate of Compliance
- Subject to the provisions of sub regulation (3) every user or lessor of an electrical installation, as the case may be, shall have a valid certificate of compliance for that installation in the form of Annexure 1 , which shall be accompanied by a test report in the format approved by the chief inspector, in respect of every such electrical installation.
… and from DoL’s explanatory notes quoted from the OHS Act, Act 85 of 1993:
… “user”, in relation to plant or machinery, means the person who uses plant or machinery for his own benefit or who has the right of control over the use of plant or machinery, but does not include a lessor of, or any person employed in connection with that plant or machinery.
Notes:
- The lessor is included into the regulations because the lessor is excluded from the definition of “user” in the OHS Act.
- These electrical installations may be on a domestic property, commercial property, industrial property or agricultural property. Sub regulation 2
The user or lessor of an electrical installation, as the case may be, shall be responsible for the safety of the conductors on his or her premises connecting the electrical installation to the point of supply in the case where the point of supply is not the point of control.
Note: Self explanatory
- Sub regulation 3
Where there is a written undertaking between a user or lessor and a lessee whereby the responsibility for an electrical installation has been transferred to the lessee, the lessee shall be responsible for that installation as if he or she were the user or lessor.
Note: Self explanatory
OHS Act no 85 of 1993 as amended
10. General duties of manufacturers and others regarding articles and substances for use at work
(4) Where a person designs, manufactures, imports, sells or supplies an article or substance for or to another person and that other person undertakes in writing to take specified steps sufficient to ensure, as far as reasonably practicable, that the article or substance will comply with all prescribed requirements and will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first mentioned person from the duty imposed upon him by this section to such an extent as may be reasonable having regard to the terms of the undertaking.
22 Sale of certain articles prohibited
Subject to the provisions of section 10 (4), if any requirement (including any health and safety standard) in respect of any article, substance, plant, machinery or health and safety equipment or for the use or application thereof has been prescribed, no person shall sell or market in any manner whatsoever such article, substance, plant, machinery or health and safety equipment unless it complies with that requirement.
