Resolving Certificate of Compliance (CoC) Disputes
A valid Electrical Certificate of Compliance (CoC) is a legal requirement for transferring property in South Africa. Without it, the Deeds Office cannot register the transfer.
In most sale agreements, the seller is responsible for obtaining a valid CoC before transfer. If electrical faults prevent the certificate from being issued, these must be repaired. Sellers often resist due to repair costs, uncertainty over the electrician's findings, or hoping the buyer will take responsibility.
Where costs are a concern, repairs can often be paid from the seller's proceeds on registration. If disputes arise over the repair scope, obtaining a second qualified electrician's opinion is recommended.
If a seller refuses to comply, the buyer may, after following the legal process outlined in the sale agreement, arrange the repairs and recover the costs from the seller. However, this can delay the transaction and increase legal expenses.
The most practical solution is to resolve electrical issues as early as possible. A minor repair is far less costly than a delayed or collapsed property sale. Both buyers and sellers should also meet all contractual deadlines to avoid penalty interest, occupational interest, and unnecessary legal disputes during the transfer process.