There is no single certificate covering the entire property. Different certificates apply to different installations, and some are required by legislation, while others may arise from municipal requirements or the Agreement of Sale.
WHY ARE COMPLIANCE CERTIFICATES A CONDITION OF SALE?
An Agreement of Sale commonly requires the seller to provide specified compliance certificates before transfer.
Some certificates are legally required when ownership changes, while the Agreement of Sale may create additional contractual requirements.
The Agreement of Sale should therefore clearly state which certificates must be provided, who must obtain them and who is responsible for the associated costs.
The terms of the Agreement of Sale should also be checked to establish the seller’s contractual obligations regarding the electric fence certificate.
These certificates are commonly encountered in property transactions in certain coastal regions, including parts of the Western Cape and KwaZulu-Natal, where the Agreement of Sale may require the seller to provide a certificate confirming that accessible timber is free from specified wood-destroying insects.
However, if the Agreement of Sale specifically requires a beetle or wood-borer certificate, it becomes a contractual obligation and must be dealt with in accordance with the agreement.
The exact contractual responsibility should therefore be checked against the signed Agreement of Sale.
DOES THE AGREEMENT OF SALE REQUIRE A BEETLE, WOOD-BORER OR OTHER ADDITIONAL CERTIFICATE?
The Agreement of Sale remains particularly important because it records the additional certificates and obligations that the parties have contractually agreed to provide
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