Is a compliance certificate required when solar energy is used?

As more homeowners withdraw from the grid and install alternative or renewable energy systems in their homes such as solar panels, there is a bit of confusion about electrical certificates and whether they are required for these systems when buying or selling property.

Electrical Fence and Gas Compliance Certificates

According to the Conveyancing and Property Law team at Abrahams & Gross, electrical certificates are regulated by the Electrical Installation Regulations. The Regulations provide that every user or lessor of an electrical installation must have a valid certificate. When a property is sold, the owner must provide the buyer with an electrical certificate that is not older than two years.

How does solar fit into electrical certificate regulations?

The Regulations explicitly make provision for electrical certificates, however, what happens in instances where property is powered by solar panels? Does solar energy fall within the ambit of the definition of "electrical installation"? Is an electrical certificate still required?

The legal definition of an electrical installation as follows. 

The Regulations define "electrical installation" as any machinery, in or on any premises, used for the transmission of electricity from a point of control to a point of consumption anywhere on the premises, including any article forming part of such an electrical installation irrespective of whether or not it is part of the electrical circuit, but excluding -

(a) any machinery of the supplier related to the supply of electricity on the premises.

(b) any machinery which transmits electrical energy in communication,

(c) control circuits, television, or radio circuits.

(d) an electrical installation on a vehicle, vessel, train, or aircraft; and

(e) control circuits of 50 V or less between different parts of machinery or system components, forming a unit, that are separately installed and derived from an independent source or an isolating transformer.

Solar is not precluded in the electrical installation definition.

For purposes of this article, it is only important to note that there is nothing in this definition that will preclude solar panel control circuits from being an "electrical installation". Therefore, it would appear that a compliance certificate will still be a requirement in instances where solar power is used.

Without much certainty in this regard, it would be beneficial for the Regulations to be updated accordingly. In the interim, however, a reasonable inference may be drawn that compliance certificates should be obtained in instances of solar power being used.

Step 1 - Do your homework before you install solar.

Firstly, try and reduce the amount of electricity that you consume. For example, if in your home you're still cooking on an electric stove, it might be a good idea to switch to a gas hob and oven. Also limit the use of things such as pool pumps and tumble driers. Whether in your home or business premises, it's a good idea to replace all your bulbs with energy-efficient LEDs and cut down on things such as the air conditioning or heating etc.

Then decide what your goals are - do you want to have a backup source of power to get you through load-shedding, or do you want to get off the grid completely, many people start with a more affordable basic system with the plan to upgrade over time, adding more solar panels and batteries, as budget allows.

Next, you should measure your power consumption to better understand what size system you need to meet your immediate goals, and also your future goals (if you are planning an upgrade in time), You can use your monthly electricity bill to get a guideline.

An important part of doing your homework before going solar is to be choosing a reputable solar installer. An experienced and reputable solar expert will be able to guide you on your solar installation in terms of meeting immediate goals, as well as a future solar system upgrade plan. They will also be able to help guide you on the choice of quality panels and batteries. In addition, they will work with you to meet the required by-laws and regulations governing solar installations.

Some things to look out for when choosing your solar contractor include an established track record with a list of contactable references, a strong commitment to aftersales service, and generous service warranties. It is important to find out if the contractor is accredited to install solar systems and can give you a certificate of compliance - which is required for insurance purposes.

Step 2 - Buying the solar panels and batteries.

Once you have ascertained your budget, usage levels, and solar goals, you will have an idea of how many solar panels and batteries you need. A good solar installer will also help guide you on this aspect.
When it comes to solar panels, the most important aspects to look for are if the panels are poly or monocrystalline, what their power and efficiency rating is, the overall quality and durability, and the manufacturer's guarantees.

Mono-crystalline solar panels have solar cells made from a single crystal of silicon, while poly-crystalline solar panels have solar cells made from many silicon fragments melted together. Mono-crystalline panels, in general, have higher efficiencies than poly-crystalline panels but are more expensive.

All solar panels receive a power rating indicating the amount of power they produce under standard test conditions. A higher power rating means that the panels are more effective at producing power. Solar panel efficiency represents how effectively a solar panel can convert solar radiation into electricity. Efficiency is particularly important if you have limited roof space and large energy bills. Look for solar panels that are ISO (International Organization for Standardization) 9000-compliant and certified, which means that they meet quality assurance standards. Solar panel durability metrics measure how well panels will hold up over time through years of outdoor wear and tear.

Step 3 - What you need to do once your solar system is installed

It is important to note that if your solar installation is still tied to the electricity grid it must be signed off by a professional electrical engineer registered with the Engineering Council of South Africa and your system must also be registered with your local municipality.

Then remember to let your insurance know about your new solar installation. Check whether your insurer has any additional requirements for ensuring the system and read your insurance policy to ensure it covers damage caused by extreme weather, power surges and fires.

Going solar is not an inexpensive solution but done correctly it will provide many years of power solutions to your home or business premises, as well as increase the value and desirability of a property - not to mention the perk of weathering load-shedding with absolute ease.

* Disclaimer: The articles on these web pages are provided for general information purposes only. Whilst care has been taken to ensure accuracy, the content provided is not intended to stand alone as legal advice. Always consult a suitably qualified attorney on any specific legal problem or matter.

Extract from Property24