Comprehensive Electrical Safety Guidance for South African Landlords

Introduction

Ensuring electrical safety in rental properties is a legal and ethical responsibility for South African landlords. Poor electrical maintenance can lead to severe consequences, including fire hazards, electric shocks, and potential legal liability.

This guide outlines the legal requirements, safety measures, and best practices landlords must follow to maintain electrical safety in their properties.

Legal Requirements for Landlords

Certificate of Compliance (CoC)

Under the Occupational Health and Safety Act (OHSA) No. 85 of 1993, landlords must ensure that an Electrical Certificate of Compliance (CoC) is issued before leasing out a property. The CoC certifies that the electrical installation meets the standards outlined in SANS 10142-1 (Wiring Code of Practice).

• A CoC is valid for two years unless alterations or repairs are made to the electrical system.
• The certificate must be provided to new tenants and potential buyers upon request.
• Only a registered electrician can issue a CoC.
• More information on CoCs: Department of Employment and Labour

Rental Housing Act Compliance

The Rental Housing Act (No. 50 of 1999) mandates that rental properties must be habitable and safe. Electrical installations should not pose any risk to the occupants.

• More information: Rental Housing Act

Landlord-Tenant Responsibilities

• Landlord: Responsible for ensuring that all fixed electrical installations (wiring, distribution boards, switches, and sockets) are safe and compliant.
• Tenant: Responsible for reporting electrical issues promptly and maintaining their own appliances.

Electrical Safety Inspections

Frequency of Inspections

• Before a new tenancy begins
• Every two years (or sooner if alterations occur)
• After an electrical fault or incident

What to Check During an Inspection

• Distribution board: Ensure that the circuit breakers and earth leakage devices are functioning correctly.
• Wiring: No exposed or damaged wiring should be present.
• Sockets and switches: Check for overheating, cracks, or loose fittings.
• Lighting fixtures: Ensure they are securely fitted and not overloaded.
• Earthing system: Ensure that all metal components are properly earthed to prevent electric shocks.

Common Electrical Hazards in Rental Properties

Overloaded Circuits

Overusing extension cords and multiple appliances on a single outlet can cause overheating and fires. Landlords should ensure that properties have adequate outlets and electrical capacity.

Faulty Wiring

Ageing or poor-quality wiring can cause electrical fires. If a property is older than 20 years, consider rewiring to modern safety standards.

Non-compliant or Illegal Electrical Work

Only licensed electricians should perform electrical installations or repairs. DIY electrical work or unregistered electricians can result in unsafe conditions and legal liability.

Absence of Residual Current Devices (RCDs)

An RCD (earth leakage circuit breaker) protects against electric shocks. South African law requires RCDs in residential properties.

• More information: SANS Wiring Code

Best Practices for Electrical Safety

Use Only Licensed Electricians

• Hire only registered electrical contractors for repairs and installations.
• Verify the contractor’s registration with the Department of Labour (DoL).
• Find registered electricians: Electrical Contractors Association

Educate Tenants on Electrical Safety

• Provide tenants with a guide on electrical safety.
• Advise against plugging multiple high-wattage appliances into a single socket.
• Prohibit DIY electrical modifications by tenants.

Install Surge Protectors

Protect appliances and electrical installations from power surges caused by load shedding and electrical faults.

Ensure Proper Outdoor Electrical Safety

• Outdoor sockets should be weatherproof and properly earthed.
• Swimming pool electrical systems should comply with SANS safety standards.

Maintain Fire Safety Equipment

• Install and maintain smoke detectors in rental properties.
• Ensure that fire extinguishers are accessible, particularly in properties with multiple tenants.

Electrical Safety During Load Shedding

• Ensure tenants use approved backup power sources such as inverters or generators.
• Prohibit the use of unsafe candle or gas lighting alternatives.
• Advise tenants to switch off appliances before power is restored to prevent damage from power surges.
• Load shedding information: Eskom Load Shedding Schedule

Consequences of Non-Compliance

Failure to comply with electrical safety laws can result in:

• Fines and penalties from the Department of Labour.
• Legal action from tenants in case of injury or property damage.
• Insurance claims are being denied in case of an electrical fire.

Frequently Asked Questions (FAQ)

What is an Electrical Certificate of Compliance (CoC)?

A CoC is a document that confirms a property’s electrical installation meets the legal safety standards. It is valid for two years unless changes are made to the system.

Do I need a new CoC if my tenant changes?

Not necessarily. A new one is not required if the CoC is still valid (less than two years old and no electrical changes have been made).

Can tenants perform electrical repairs themselves?

No. Only a licensed electrician is permitted to perform electrical repairs. Tenants should report any issues to the landlord.

Who is responsible for electrical safety in a rental property?

Landlords are responsible for ensuring the electrical system is safe and compliant. Tenants must report issues and maintain their personal appliances.

How often should I get an electrical inspection done?

At least every two years or before a new tenant moves in.

Are landlords responsible for power surges caused by load shedding?

Landlords are not legally required to compensate tenants for damage due to load shedding. However, installing surge protectors can help prevent damage.

Can I rent out my property without a CoC?

No. Renting out a property without a valid Electrical Certificate of Compliance is illegal.

Conclusion

Electrical safety is a critical responsibility for landlords in South Africa. Landlords can ensure compliance and create a safe living environment by obtaining a CoC, performing regular inspections, using licensed electricians, and educating tenants.

Prioritising electrical safety reduces risks, prevents costly damages, and ensures legal compliance in rental properties.