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.
– From 1 October 2009, it is required that any person installing a liquid gas appliance at a property must have a certificate of conformity issued in respect thereof.
– The certificate may only be issued by an authorised person registered as such with the Liquefied Petroleum Gas Safety Association of Southern Africa (LPGAS), after he or she has inspected the installation and is satisfied that it is safe, and leak-free.
– Gas installations for which certificates of conformity are required would include built-in gas fires or braais, gas stoves, hot water systems and the like.
– Furthermore, in terms of Regulation 17(3) of the Pressure Equipment Regulations, the law speaks of a certificate being required after any installation, alteration, modification or change of ownership of property which necessarily implies that a certificate would need to be in place or issued upon the transfer of a property.
– The parties cannot contract out of it – it is required in respect of all properties where there is a gas installation, whether the owner lives there, rents out the property or whether it is vacant or stands empty for most of the year.
– Unlike electrical certificates, there is no mention of how long the certificate is valid for once issued in the legislation although many standard offers to purchase will put a time frame on how old the certificate that is provided may be (usually two years).
– Ordinarily in terms of the offers to purchase there will be an obligation placed on a seller to obtain the certificate prior to transfer for delivery to the buyer after transfer. As with the other certificates, it is always better for the inspection and any remedial work to be carried out prior to the date of occupation by the buyer and even earlier due to bank and bond requirements, as mentioned before.
Finally
It is always recommended that sellers do their inspections at the listing stage and then they will know what they are in for in terms of repairs. In addition, although it is usually required that the seller should provide the buyer with the certificate by no later than the date of transfer, it is best that the inspection and remedial work is at least done before occupation by the buyer and better still even earlier, as most banks now request a copy for purposes of clearance of the bond for lodgement.
Article courtesy of Property 24