New regulations may find your electric fence on the wrong side of the law.

In a society where homes need maximum protection from criminals, it is easy to understand why you might choose to use electric fencing to protect your family and your property. However, if you fail to comply with the new electric fence regulations, you could well find yourself on the wrong side of the fence with regards not only to the law but in terms of your insurance as well.

Regulation 12 of the Electric Machinery Regulations of 2011 stipulates that all electric fences installed after 1 October 2012 must be certified and have an electric fence system certificate of compliance. It also applies to electric fences that have been altered or added to, or where ownership of the premises changes after 1 October this year.

Risk of no cover

In cases where electric fences have not been installed by a certified electric fence installer, the homeowner could face financial loss when their insurance claim is rejected or even legal costs associated with liability claims. Marike van Niekerk, the legal and compliance manager at MUA Insurance Acceptances, says any legal liability claim resulting from non-compliance with legislation will be excluded from cover under the homeowner’s insurance policy.

Impact on landlords

Van Niekerk says this also applies to property owners renting their property to another person. “The property owner faces not only expensive legal costs but also runs the risk of being criminally prosecuted,” she cautions. She says that if your insurer establishes that an unregistered installer installed your electric fence and the fence has to be fixed or replaced due to damage, the claim could be rejected on the grounds of defective workmanship. “In addition, you will be forced to remove the fence or ensure that an accredited installer upgrades it to meet compliance requirements,” she says.

Meeting requirements

In order to issue a certificate of compliance, all electric fence installers must be registered by the Department of Labour as well as pass an exam by 1 October 2013 to ensure they are qualified and able to meet the requirements of the new law.

The South African Electrical Fencing Installers Association (SAEFIA) anticipates that by October this year, there will only be around 300 registered and accredited electric fence installers around the country. Van Niekerk points out that this figure is quite low and should serve as a caution to ensure that you properly screen any contractors before they commence work on your property.

You will be unable to transfer property with an electric fence unless you provide an Electric Fence Certificate (EFC) to the conveyance attorney. “This certificate must be presented along with the electrical compliance certificate. The EFC is transferable so once it has been issued, there is no need for another certificate to be issued on transfer of ownership,” she says.

However, Johan Pretorius, the chairman of SAEFIA, says the EFC is not transferable and that certificates of compliance also expire after two years so new owners will have to have the fence tested again before they sell the property, as is the case with other certificates of compliance.

The deadline for electric fence installers to register is September this year. In the interim, there are registered installers who can issue you with a certificate of compliance if you are selling your home.

Finding an interim solution

Bruce Swain, the managing director of Leapfrog Property Group, says sellers should be able to contact the Department of Labour to find out which electric fence installers in their province are registered. “However, we have tried to contact the Department of Labour and have yet to have our calls answered. We have also contacted the Western Cape Approved Electrical Inspection Authority who were also unable to produce a list,” he says. Swain says he is at a loss as to how the average seller is expected to find a registered fence installer who can issue a certificate of compliance.

Van Niekerk’s advice is that you should include an appropriate clause in your rental or sale agreement to address the requirements and responsibilities for electric fence compliance of each party before the property is occupied by the lessee or the buyer. Swain adds that if you do buy a property with an electric fence, you would be well advised to insist on such a clause in order to ensure that the fence is up to standard before you purchase the property.