Although an EFC is not required for electric fences installed before 1 October 2012, when the property is sold and transfers ownership, the property owner will have to get an EFC. A registered electric fence systems installer will issue an EFC based on the legislation that was applicable at the time the fence was installed and on condition that the electric fence has adequate earthing, the necessary warning signs, a compliant energiser – and it is safe.

The Electrical Machinery Regulations within the Occupational Health and Safety Act 1983 states that all properties with electric fences must have a valid EFC issued by a registered Electric Fence Systems Installer.

Without a valid Electric Fence System Certificate of Compliance, property owners, body corporates, business entities and home owner associations become civilly and criminally liable for injuries caused by their electric fence system.

The Electric Fence System certificate of compliance (EFC) is valid indefinitely as long as there haven’t been any major alterations or modifications to the installation. Minor repairs such as the repair of broken wires or replacement of bobbins do not require a new EFC, however the replacement of the energiser would require a new EFC.

The EFCs can be transferred from a seller to the buyer – but only if no changes have been made to the system after the certificate was issued by a registered Electric Fence systems Installer. The original certificate must be given to the buyer on transfer of the property and the new owner must be made aware of his/her legal obligations.

If your electric fence was installed after December 2012, the following checks apply as per the Electrical Machinery Regulations in terms of the Occupational Health and Safety Act no. 35 of 85 of 1983:

• The distance between the electric fence posts should not exceed 3m.
• An earth spike must be installed every 30m.
• The fence must be safe and functional.
• If angled brackets are used for the electric fencing, placement requirements entail that the maximum outward angle is 45 degrees; and they must be installed on the inside of the boundary wall.
• If angle brackets extend into a neighbouring property, the neighbour’s consent is required.
• Electric fencing installed on top of walls must be at least 1,5 m above ground level.
• Any freestanding electric fence should not be higher than 450mm.
• The electric fencing must be installed and operate in such a way that it won’t be hazardous to people or animals
• Barbed or razor wire may not be electrified.
• Electric fences that are installed along public roads and pathways must be fitted with compliant yellow warning signs, which are also required at all gates and access points. In urban areas, the spacing between the warning signs must not exceed 10m.
• Electric Fence System energizers must be installed in locations faraway from potential fire hazards.

In brief, the answer is no. According to the OHS (Occupational Health and Safety Act), the Electrical CoC is classified under the Electrical Installation Regulations (EIR), whereas the Electric Fence Certificate is categorized under The Electrical Machinery Regulations.

Therefore, property owners must possess both the Electrical CoC and the Electric Fence System CoC, and when selling a property with an electric fence, both certificates must be submitted to the conveyancing attorney before transfer.

All properties with electric fences must have a valid EFCOC. This includes:

• Commercial properties (Businesses and business parks)
• Residential properties (Town houses, complexes, housing estates, including Freehold or sectional titles)
• Industrial properties
• Anywhere that the public may gain legal access without permission from the owner.

While sectional title properties don’t require an EFCOC to effect transfer, body corporates and business entities are legally responsible for the electric fence systems on their properties, and they can be prosecuted if their electric fence is found to be non-compliant, and they could find themselves in a civil court if someone has been injured by their non-compliant fence.

A registered Electric Fence Systems Installer, like Bugs & Sparks’ contractors, who installs, modifies or extends an electric fence must ensure that an EFS certificate is issued when the work is completed.