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In most residential property transactions, the Seller is required to provide valid compliance certificates (including the electrical Certificate of Compliance) before registration can proceed. Conveyancers rely on these certificates as part of the documentation necessary to lodge and register transfer.
But what happens if the Purchaser discovers shortly after occupation that the electrical installation is unsafe or non-compliant, despite a certificate having been issued?
A valid Electrical Certificate of Compliance (COC) is not merely a formality. It is a statutory confirmation by a qualified contractor that the installation complies with applicable regulations at the time of inspection. If defects are discovered shortly after occupation, the Purchaser may still have remedies available.
Possible rights and remedies available to the Purchaser include:
- A claim against the Seller if the sale agreement required a valid compliance certificate and the certificate was defective or improperly issued.
- A claim against the issuing electrical contractor if the certificate was negligently or incorrectly issued.
- A complaint to the Electrical Contracting Board or relevant regulatory authority regarding the contractor’s conduct.
- A damages claim where the Purchaser can prove financial loss arising from reliance on a defective certificate.
Importantly, Conveyancers typically rely on certificates issued by qualified professionals and are not inspectors of the installations themselves.
Where a contractor maintains that the certificate was valid when issued, the dispute becomes a factual and technical question that may require an independent inspection and if necessary, legal enforcement.
The key takeaway: a compliance certificate does not eliminate all risk, but neither does it leave a Purchaser without remedies. Early investigation and proper legal guidance are essential.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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