Electrical compliance certificates
Electrical installation regulations were published in 1994. They provided, inter alia, that every user or lessor of an electrical installation was required to have a valid certificate of compliance for that installation.
That certificate was transferable, was irreconcilable with the requirement that if there was a change of ownership of the premises in which the installation existed the new user or lessor had to obtain a new certificate of compliance.
There was no prohibition on transfer until a new certificate was obtained.
The result was that there was no obligation on a seller of a property to procure a new compliance certificate prior to transfer. On the contrary, the regulations suggested that the onus was on the new owner/lessor to obtain the new certificate.
Most sale agreements dealt with this, not always satisfactorily, by including a provision to the effect that the seller had to provide the certificate.
New regulations were published on 6 March 2009. They provide that the user or lessor (who is not defined) may not allow a change of ownership if the relevant certificate of compliance is older than two years.The Deeds Office will not police this obligation. It will not ask for proof that a certificate exists.
Agreements of sale should still contain appropriate provisions regarding the certificate. Many do but very often they are not adequately worded.
Source : Eversheds , October 2009
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