November 20, 2012

Electric Fence system certificates of compliance

The purpose of this article is to inform you of the latest developments in terms of the Occupational Health and Safety Act, Act No. 85 of 1993, as applicable to the change of ownership of immovable property.


An obligation to have an electric fence system certificate of compliance is imposed by Regulation 12 of the Electrical Machinery Regulations, on anyone using an electric fence system to have an electric fence system certificate of compliance.

A system that has come into existence prior to 1 October 2012 is not required to have an electric fence system certificate. However, as with an electrical compliance certificate, it will be required where an addition or alteration is effected to the system or there is a change of ownership of the premises on which the system exists if the change of ownership takes place after 1 October 2012.

The electric fence system certificate and electrical compliance certificate are two separate certificates and therefore the electric fence system certificate is an additional requirement for a property that has an electric fence system.

An appropriate clause must be included in Sale Agreements which are concluded after 1 October 2012 where there is an electric fence system on the property. When a transfer is registered after 1 October 2012 there will be an obligation to provide an electric fence system certificate. It will be necessary for an electric fence system certificate to be issued where there is an electric fence system on a property and where that property is currently in the process of being transferred.

The good news is that the electric fence system certificate is transferable. And once it has been issued, there is no need to obtain a new one upon a change of ownership.

Written by Neil Barker - Burmeisters de Lange Sonic inc.

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