Legal Articles

Most property owners know that in 2011, amendments were made in the Electric Fence Regulations under the Occupational Health and Safety Act which came into effect in 2012. 

But what does this mean to property owners with electric fences?

In short, it means that non-compliant electric fences have now been deemed illegal. If your electrical fence was not installed by a professional, or if it was installed by an unqualified electrician, you will be held liable if anyone is injured due to your fence.
Additionally, if an illegal fence gets damaged due to a burglary, insurance claims may be rejected.

This regulation covers all properties, whether it is a business park, a dwelling or a sectional title, and requires all electrical fence owners to ensure that their property complies with the law.

How to make sure your property complies with the law referring to electrical fences.

To ensure that your property complies with the elecric fence regulations, the following factors need to be considered: 

• As a property owner, you will have to obtain an electrical fence certificate of compliance, either from a registered electrician or by registered electric fence installers who are registered with the Department of Labour.
• The certificate of compliance can be transferred from seller to buyer, unless changes were made to the system after the certificate of compliance was issued.
• Any electric fences that are installed along public roads or pathways must be identified with yellow warning signs between 100 – 200 cm in size, and all gates and access points should have them as well.
• Regulation 11 of the Electric Machinery Regulations in terms of the Occupational Health and Safety Act no 35 of 2003 must be fully complied with.
• They may not be higher than 450mm.
• Barbwire or razor cannot be electrified by an energy
• Any fence energisers should not be installed in locations where fires can break out.

Van Deventer and Van Deventer Incorporated | Property Lawyers in Johannesburg

The law of property may sometimes be confusing or seem overwhelming. If you are having any trouble understanding what the above-mentioned law means to you as a property owner, contact Van Deventer and Van Deventer Incorporated, the preferred property lawyers in Johannesburg.