Regulations issued under the Occupational Health and Safety Act, states that an authorized person must issue a gas compliance certificate after installation, modification, or alteration of a gas installation or where there is a change of user or ownership within a property.
According to regulation, 17(3) of the Pressure Equipment Regulations promulgated in terms of the Occupational Health and Safety Act 85 of 1993, that became effective from the 1st of October 2009. It makes it compulsory for a gas compliance certificate to be obtained in the event that a property is sold.
The fact that the gas appliances on your property have been installed before the Act became effective does not mean that you are exempt from getting the gas compliance certificate. It is a requirement that must be met.
When a property is sold, a new certificate must be obtained, regardless of how old or recent the existing one may be. The gas compliance certificate warrants that gas appliance on the property is safe according to standards.
It is recommended that a gas compliance certificate is obtained on the sale of the property. The seller is usually responsible for obtaining such certificate. The requirement of a gas certificate cannot be waived however the responsibility can be shifted from the seller to the purchaser by way of an appropriate clause in the agreement.
The recommended clause for sale agreement states that “ the seller undertakes to, at the seller’s expense obtain, from an accredited person, a Certificate of Conformity confirming that any gas installations on the Property comply with section 17 (3) of Government Notice R73 of 15 July 2009, Government Gazette 32395.
The certificate shall be delivered to the Purchaser prior to the date of occupation or within 5 days of demand for delivering. The parties agree that the Certificate of Conformity certifies that any gas installation on the Property complies with safety standard as determined by the relevant legislation and is not to be regarded as a general guarantee covering all aspects of any gas installation on the Property.
The Purchaser shall have no further claims against the seller with regard to any gas installation on the Property.
There is no need to wonder why you might need a gas compliance certificate because the regulation provides that every owner or user of gas reticulation equipment and systems must have a valid gas certificate.
The Occupational and Health Safety and Safety work OHSA does not only aim to ensure health and safety at work areas only but within properties too.