The issue of Certificates of Compliance (COC) is regulated by the Occupational Health & Safety Act, 1993 read with the Electrical Installations Regulations 2009 (as amended from time to time).
The regulation stipulates that no user may sell or transfer their property without a valid COC.
What is a User: A user is defined in the act to include an owner, mandatory and lessor. A mandatory is any person involved in the sale of property, including an estate agent.
Sell: is defined and include – a for sale notice board, a lease and a donation.
Section 22: Subject to Sec. 10(4) where a safety standard is prescribed, no person shall sell or market an article, plant, machinery etc. unless it complies with the safety standard. Legally no person can advertise their property as for sale without a valid COC.
Estate agents need to ensure that an owner has the COC in place when a property is listed on the market.
Any change in ownership requires a COC, even when donating a property.
Can the obligation to obtain a Electrical Certificate or Compliance be moved to a purchaser?
Provided that the agreement is in writing, Section 10(4) confirms that the responsibility may be transferred to another party.
Who may issue a certificate of compliance?
Only a registered party may issue a COC. Whilst the registered party may use an unregistered person on-site, the registered party is required to supervise all work undertaken by the unregistered party and need to ensure the standard of work performed before issuing a COC.
What are a homeowners COC responsibilities?
A homeowner is required to get a COC for every addition or alteration to the installation. Whilst a COC is valid for 2 years, the COC cannot be transferred if any alterations or additions were completed on the property after the date of issue of the current COC
How to deal with COC disputes?
When a dispute arises regarding the validity of an electrical certificate of compliance, the approved inspections authority as appointed must be called to inspect. The complainant will need to pay for the inspection costs. Should the certificate be found to be invalid, the Inspector will request a new certificate from the Contractor. Should negligence be found, the Contractor will be reported.
When is a COC invalid:
Any change, alteration or correction to the COC renders it invalid .
Woodmans Electrical is a registered member of both the ECA and the ECB (Electrical Contracting Board) ensuring that each electrician is fully complaint with the electrical standards with ongoing training and dedicated management. Contact us for more information on obtaining your Electrical certificate of compliance.
