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 gas compliance certificate

Both sellers and Estate Agents should be made aware of this legal requirement.

Last week we received this inquiry.

 “I am in the process of selling my house. I have a permanent gas oven in the house and the transferring attorney is now telling me that I need to get a gas compliance certificate for my gas oven. Is this necessary, and should the buyer not be responsible for this and the cost involved in getting one?”

Legal requirements:

When you are a seller of immovable property; one has to keep in mind the current legal requirements of the local authority in order for you as a seller to obtain a rates clearance certificate from the local municipality; before the property can be transferred into the name of the purchaser.

One of those requirements may be a gas certificate.

A Certificate of Conformity (COC), also known in these circumstances as a gas compliance certificate, is required by law for all permanent liquid gas installations in your house and must be obtained from an authorised person or an approved inspection authority, which confirms that it is safe according to the applicable standards.

Examples of gas installations that require this certificate include gas fireplaces or gas hobs, as well as gas hot water systems, etc

There is no set period for the validity of the COC, but according to the Pressure Equipment Regulations of 2009; an authorised person shall issue a COC after a gas installation, modification, or alteration of the installation and where there is a change of user or of ownership. There is thus a duty on a homeowner to acquire a COC when the gas appliance is installed, changed or altered and when the property is sold. So whenever the property is sold a new certificate must be obtained, regardless of how old the existing one may be.

The responsibility for obtaining this certificate falls to the Seller unless the parties contractually agree that the Purchaser will obtain the certificate.

Importantly, though, you cannot waive this requirement or contract to obtain it, as non-compliance is a criminal offence.

In the case of the above inquiry, the COC is therefore required, and depending on the seller’s deed of sale, the seller is probably responsible for obtaining the COC.

Both sellers and Estate Agents should be made aware of this legal requirement.

This was the basis of the advice that we gave to our inquiring client.

Please visit our website at www.legaladviceoffice.co.za or send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it. and we will respond to your legal queries within 48 hours.

About our author:

Hugh Pollard (Legal Consultant), has a BA LLB and 42 years’ experience in the legal field. 22 years as a practising attorney and conveyancer; and 20 years as a Legal Consultant.

082-0932304 (Hugh’s Cell Number)

This email address is being protected from spambots. You need JavaScript enabled to view it.

www.legaladviceoffice.co.za

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