GAS CONFORMITY CERTIFICATE

TO ALL EXTENDED BUSINESS PARTNERS

Number

14/2016
In terms of the regulations promulgated in 2009 under the Occupation Health and Safety Act, 85 of 1993, all gas installations must have a Certificate of Conformity.
           
The Certificate of Conformity must be issued by an authorised person who is registered with the Liquefied Petroleum Gas Safety Association of South Africa (LPGAS).  The certificate will essentially state that the installation has been properly inspected and is found to be safe and leak free.
 
The types of gas installations that require this certificate include gas fires or braais, gas stoves and ovens, as well as hot water systems.  It is vital for all home-owners to realise that such an inspection is not just essential for their insurance policy to remain valid, but even more importantly, that it is conducted to ensure that the installation is safe and their family is not put at risk.  If a gas appliance has been incorrectly installed and results in a gas leak this could have major health implications for a family, not to mention the huge danger involved of an explosion.
 
It is also important for homeowners to know that if they wish to sell their home and they have a gas appliance installed, they are required to obtain the certificate and deliver a copy thereof to the new purchaser.
 
Conclusion
As with the Electrical Compliance Certificate (CoC) the providing of a purchaser with a Gas Conformity Certificate is not peremptory, however, for protection of the purchaser and to minimize litigation, it is the appropriate way to go.  The purchaser may waive the requirement or alternatively obtain the said conformity certificate him/herself.
 
Example of clause to be inserted in deed of sale
Certificate of Conformity for Gas Appliances
 
  • In the event of there being a gas installation in the Property, such as built in gas fires or braai's, gas stoves and hot water systems or the like, the Seller shall be obliged to, at his own cost, obtain a Certificate of Conformity (“COC”) in respect of such an installation as required by Government Notice R734 of 15 July 2009, Government Gazette 32395, framed under Act 85 of 1993.
     
  • The required COC must be issued by an authorized person registered as such with the Liquefied Petroleum Gas Safety Association of Southern Africa (“LPGAS”), after he has inspected the installation and is satisfied that it is safe, and leak free.
The validity of the certificate as with the CoC is two years.
 
For any queries please contact our property law division at the details below:

Allen West
Tel: 012 425 3549
awest@macrobert.co.za

Daleen Loubser
Tel: 012 425 3489
dloubser@macrobert.co.za

Disclaimer: This newsflash is for general information only and should not be used as legal or professional advice. No liability can be accepted for any errors or omissions, nor for any loss or damage arising from reliance and any information therein