Correcting misconceptions

It is misleading to say that all these certificates [Beetle, Electrical, Electric Fence Compliance, Gas and Plumbing/Water Certificates] are required by law and that the absence of such certificates will prevent transfer being registered. Electrical and electric fence certificates and gas certificates are a legal requirement but the absence of such certificates will not prevent transfer being registered as they are not required to be provided to the Deeds Office or the local authority. Plumbing certificates are a requirement of the bye-laws in Cape Town and possibly in other cities, and the lack of such a certificate in Cape Town will result in no rates clearance being issued and the rates clearance certificate is a prerequisite for a transfer to be registered.

Beetle certificates are simply a contractual or customary requirement and the absence of a beetle certificate will never prevent a transfer from being registered. If the contract requires a beetle certificate the conveyancer who does not make sure that one is issued will be negligent but the transfer can be registered without one.

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