A new requirement for the transfer of property, which will oblige sellers to submit a certificate from an accredited plumber as proof that water installations comply with national building regulations, has been included in the City of Cape Town's draft water bylaw.

Currently sellers need to submit a certificate of electrical compliance and a beetle certificate, and ensure that any problems identified during the inspection of the property are addressed.

The amended water bylaw will soon head to council for approval. It includes a range of additions to, and clarifications of, the bylaw, promulgated in 2006.

Included in the new bylaw are sections confirming that indigent people will not be denied access to water services, and that access to premises is required at all times; a clause regarding water theft; sections on the installation of water management devices and the "resale" of water; and one making provision for rebates in the event of leaks.

It was during the public participation process that a submission by consulting engineering firm PD Naidoo and Associates led to the inclusion of the new property transfer requirement.

The firm proposed that upon transfer of a property, the seller should submit a certificate from an accredited plumber that the water and sanitation installation on the property conforms to national building regulations and bylaws pertaining to water and wastewater.

Such a certificate would also confirm the absence of leaks, that there is no discharge of stormwater into sewer systems, and that the water meter is functional and the sewer system intact.

"The current arrangement would allow a new owner to continue with an illegal installation.

"After all, there can be no moral ground for selling or transferring a property which does not comply with the law," the firm argued.

Although PD Naidoo and Associates suggested that the transfer of the property should not be held up by the delivery of the compliance certificate or remedial work, the city included the requirement as proposed, but opted to make transfer subject to compliance.

"The seller must, before transfer of a property, submit a certificate from an accredited plumber certifying that: a) the water installation conforms to the National Building Regulations and this bylaw; b) there are no defects; c) the water meter registers; and d) there is no discharge of stormwater into the sewer system," reads the new clause.

The city has already drawn up the form that will have to be completed.

Meanwhile, the amended bylaw will make provision for city officials to access any premises for any purpose connected with the implementation and enforcement of the bylaw - a point that concerned some of those who submitted comments during the public participation period.

The maximum prison term of five years for contravention of the bylaw was criticised as being "absolutely ridiculous", "especially seen in the light of current sentences handed down for violent crimes".

Cape Argus

source: http://www.iolproperty.co.za/roller/news/entry/property_transfer_to_require_plumbing

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