I have had this conversation more times than I can count. The electrician has inspected the property, found a fault, and told the seller what needs to be fixed before the Certificate of Compliance can be issued. And the seller pushes back. Maybe they think the fault is minor. Maybe they cannot afford the repair right now. Maybe they are hoping someone will just let it slide.
Nobody lets it slide. The law does not allow it, the sale agreement does not allow it, and the Deeds Office will not register the transfer without a valid CoC. What started as a fixable problem becomes a deal-threatening standoff.
My job in this situation is to help the seller understand exactly where they stand, before the transaction unravels and everyone has to start over.
What the Law Requires
The electrical Certificate of Compliance is governed by the Occupational Health and Safety Act 85 of 1993, read together with the Electrical Installation Regulations. The requirement is straightforward. A property with an electrical installation cannot be transferred without a valid CoC issued by a registered electrician who holds a Wireman's License and is registered with the Electrical Contracting Board of South Africa.
The certificate is valid for two years from the date it is issued, but only if no additions or alterations have been made to the electrical installation in that period. If anything has been changed or added, even something small, a new certificate is required from scratch.
Most standard South African agreements of sale include a clause stating that the seller is responsible for providing this certificate at their own cost before transfer. That obligation was accepted by the seller the moment they signed the OTP. It is not negotiable.
Why Some Sellers Push Back
In my experience, resistance to fixing an electrical fault comes from one of three places.
The first is money. The seller did not budget for the repair and is already stretched, particularly if they are counting on the transfer proceeds to fund their next move. They do not have the cash available right now and the pressure of that reality makes them dig in.
The second is doubt. They do not trust the quote they received and believe either the fault is being exaggerated or the electrician is overcharging. They want a second opinion but have not asked for one, so the situation stalls.
The third is avoidance. They know the electrical installation has broader problems and they are hoping that if they hold firm, the buyer will accept the property as it is or the issue will somehow get resolved without them having to pay for it. It will not.
How I Work Through It
The first step I take is to make the legal position completely clear. There is no version of this transaction where the transfer registers without a valid CoC. That is not an opinion or a negotiating position. It is the law and the terms of the seller's own agreement. The sooner the seller accepts that reality, the sooner we can find a practical solution.
If the seller's objection is about the cost or scope of the repair, the answer is simple. Get a second quote. A second opinion from a different registered electrician is entirely reasonable and often breaks the impasse quickly. Sometimes the original quote is confirmed and the seller accepts it. Sometimes a more cost-effective solution is found. Either way, the process moves forward.
When the issue is purely financial, I raise an option that most sellers do not initially realise exists. The repair cost can be deducted directly from the sale proceeds at transfer. The conveyancing attorney can make provision for this in the final financial settlement. The seller does not need to find cash before registration. The electrician gets paid on the day the seller receives their proceeds. That removes the most common barrier and is a solution that has resolved this exact situation for me many times in the West Rand market.
What Happens If the Seller Still Refuses
If a seller genuinely refuses to address the fault after being given a fair opportunity to do so, the standard agreement of sale gives the buyer the right to have the work done themselves and recover the cost from the seller. The conveyancer can in some cases retain the relevant amount from the seller's proceeds to cover this.
That path is a last resort and it tends to make everyone miserable. The seller feels hard done by. The buyer feels like they are fighting for something that should have been straightforward. The transaction becomes hostile when it should be a formality. And the legal fees involved in getting to that point almost always exceed what the original repair would have cost.
The Bigger Picture
A minor electrical fault is rarely worth losing a deal over. The cost of fixing it is known. The cost of a collapsed transaction is not. A seller who loses a buyer may face a longer wait to find another one, a lower price if the market shifts, and a bond approval that is no longer available at the same rate. That is a much bigger problem than the electrician's invoice.
I tell my sellers what I believe, clearly and without softening it too much. The law says you need to do this. Your sale agreement says you need to do this. Let us find the most practical and affordable way to get it done so that everyone can move forward.
In over a decade working in this market, I have not once had a seller thank me for standing firm on refusing to fix an electrical fault. I have had many thank me for helping them see reason and getting their deal to registration.
Selling in Roodepoort or Krugersdorp? Read more of our seller guides at buyingorselling.co.za or contact me for straightforward, experience-based advice.
Morné Prinsloo | RE/MAX Town and Country | 079 047 5172 | [email protected] | buyingorselling.co.za