Property Legal: Electric Fence Compliance

The changes to the “Electrical Machinery Regulations” now put the responsibility on all users of an electric fencing system to obtain and provide an “Electric Fence Compliance Certificate”.

The Act was promulgated to ensure the safety of the citizens of South Africa when it comes to all electrical systems and appliances.

When property owners look to sell their property, they now cannot just provide the standard Electric Certificate of Compliance which covers the property’s general electrical state, but should also deliver an Electric Fence Compliance Certificate if the fence was erected from December 2012.

Regrettably these regulations have been very badly drafted and as a result there are a number of areas of uncertainty. Some believe that it is the obligation of the seller to provide the Electric Fence Compliance Certificate whereas others believe that the obligation vests in the Purchaser of the property in much the same way that a purchaser of a motor vehicle has to obtain a roadworthy certificate. There will be no certainty on these until a court of law gives ruling so the most commonly followed route is that the offer to purchase / sale agreement provides that the Seller is liable to provide the certificate.

Electric Fences installed before 1 December 2012

It should be noted that these regulations don’t apply to any electric fence systems which were installed/erected before 01 December 2012 EXCEPT when any additions/energizer changes/alterations are made to the existing electric fencing systems to that date.

When there is a change of property ownership and the electric fence on the property was erected before the 1st December 2012, the Sellers simply need to get a compliance certificate which relays that the electric fence is in good working order and can’t be easily touched by accident and complied with the relevant legislation in place at the time the electric fence in question was installed.

Electric Fences installed after 1 December 2012

Any Electric fence which was erected after the 1st December 2012 will have to comply with the Electrical Security Installations Regulations [see SANS] which states that electric fences should have “joints” which are taped with waterproofing tape, three earth spikes near the energizer with the lightning-protection and thereafter one earth spike every 30m as well as having signboards every 10m as well as on every gate dedicated plugs.

It is important to note that an Electric Fence Compliance Certificate may only be issued by a Registered Person (in terms of regulation 14 as an electric fence installer) who is duly approved by the Chief inspector.

A registered party with a valid certificate of registration has their certification entered onto the database and local security companies and often your local estate agent will be able to provide contact information for registered installers of electric fences.

Note that Electric Fence Compliance Certificates can be transferred if the certificate is less than two years old.

Electric Fences in Sectional Title Complexes and Cluster Complexes

An issue which creates problems because of the vagueness of the wording of the regulations is whether a person who sells a Sectional Title unit or even a stand in a cluster complex or development is liable to provide an Electric Fence Compliance Certificate if the electric fence around the development runs along one of the property’s boundaries.

In the case of a cluster complex/development the answer is probably that the property seller is not liable to provide a certificate in regard to the same and that the purchaser is not liable to obtain such certificate because of the fact that the electric fence is clearly defined as the entire electric fence certificate including the parts that generate the electrical charge. As the fence would then clearly belong to the Home Owners Association and not the seller, the better view would be that a certificate is not required.

However in the case of a sectional title unit it is less clear. Again the entire fence does not belong to the affected owner of the sectional title unit and therefore on the same argument as set out above in regard to cluster stands, no electrical compliance certificate would be required. However the counter-argument to this is that the sectional title unit consists of “the actual unit and an undivided share of the common property” which then would by definition include the entire electric fence which would indicate that an Electric Fence Compliance Certificate would be needed.

Until such time as the position is clarified and the courts decide which interpretation must be applied, it makes sense for a Body Corporate to elect to obtain a valid Electric Fence Compliance Certificate which could then be used by all sellers of properties/units in the development. The reason for this is that if all sellers are easily able to sell/transfer their units, the prices which are attained for such units will in all likelihood be higher than if the sellers battle to effect transfer which would be to the benefit of all – including future sellers.

Maintaining your Electric Fence

The easiest way for Homeowners to make sure that their electric fence is in good working order is simply by doing regular maintenance on their electric fence.

Maintenance in the main is about clearing the fence of all branches/leaves/plants and other debris that can cause voltage pulses and that could reduce the efficacy of the electric fence, as well as doing routine wire tightening wires on sections that have sagged over time as well as repairing and damaged or broken parts of the fence.

Conclusion

If you are considering or are in the process of selling your home and a fence was installed before 1st December 2012, that a registered electric fence installer will need to be contacted to do an “evaluation” of your electric fence in order to issue a certificate. Delaying this could otherwise negatively impact on the transfer/sale of your property.

In the evaluation, if your fence is deemed compliant you will be issued with an Electric Fence Compliance Certificate, if it fails the evaluation the service provider should quote you on the parts and labour required to bring your fence up to the required level of compliance.

The above information should be seen as a brief comment and AN interpretation thereof and therefore should not be seen as an extensive guideline on the subject. Please obtain a comprehensive legal opinion if you wish to act on any aspect hereof as the guideline is not deemed to be an exhaustive guide or fully comprehensive.