LEGAL: off-grid installations

Standing Out Magazine | NOVEMBER 2022

LEGAL

Celine Bakker and Stefan le Roux from SL Law update us on specific certificates required when installing off-grid electrical and water systems.

Small-scale embedded generation (SSEG) systems, devices or machines designed to generate and supply electricity to a solar system installation, pose a safety risk when being connected to the City’s grid. It is therefore required under the Cape Town City Electrical Supply By-law of 2010 that they be registered and authorised. Registration ensures that all who make use of the electricity from the City’s grid pay for such accordingly. Consequently, it is illegal to run one’s meter backwards or to avoid paying one’s share of maintenance towards the grid. Should a system be unauthorised and tied to a grid, such will be considered tampering.

Besides SSEG systems, solar photovoltaic (PV) systems must also be registered, be they on or off-grid systems, while other solar systems need not necessarily undergo the registration process. As can quickly be deciphered, it may be a little complicated to determine which systems to register and which not. To ensure that no confusion arises, the City has necessitated off-grid systems to also be registered to prevent them from being mistaken for grid-tied systems.

REGISTRATION LUCKILY DOES NOT APPLY TO EVERYTHING UNDER THE SUN

Solar water heaters which use thermal energy to heat water or emergency equipment like standby generators (unless they are connected to the City’s electrical distribution network) for example, need not be registered. However, solar PV panels directly connected to a hot water geyser element with a change-over switch are required to be registered.

The question may arise as to why an off-grid system needs to be registered in the first place, particularly since it is notconnected to the City’s electricity infrastructure or power grid. However, it appears that of the systems that have beenregistered thus far, only 2% have been confirmed as actually being off-grid systems.

Nevertheless, in terms of the registration of off-grid systems, such need not comply with City standards. Importantly,off-grid equipment is still required to comply with national safety standards. In addition, a letter signed by a registeredelectrician will be necessary to verify the system as being an off-grid one.

Unlike the usual compliance certificates associated with a property sale, the certificates in the case of a borehole only facilitate proof of registration. Although not a requirement in law, the parties may agree that the seller shall provide proof of registration of the borehole. It may also occur that a financial institution such as a bank financing a sale could condition a borehole certificate.

Importantly, the owner of a property with a borehole must ensure that a weatherproof notice is affixed to any appliance which supplies or uses water. Such notice is acquired on registration of a new borehole. This notice explains to the public that such water is not suitable for domestic purposes. An official sign with the borehole registration number must be displayed outside the property which is recognisable to the public – no other signage will suffice to indicate that the property has a borehole.

Small systems like solar-powered appliances or solar lights may keep their moment in the sun and need not be registered.

BOREHOLES

In addition, the municipality of Cape Town requires propertyowners to register a borehole or wellpoint on their property withthe City to ensure that underground water resources are used safelyand sustainably. Where a property does not yet have a borehole orwellpoint but where the property owner intends to sink one, theowner must apply at least 14 days before commencing with sinkingthe borehole or wellpoint to the City of Cape Town and may only doso once permission has been granted by the City.

The City of Cape Town Bylaw of 2010 does not oblige a propertyowner to provide a certificate on the sale of a property to either thepurchaser or municipality.

Further, an owner of a property with a borehole is required to ensure that the borehole is sufficiently covered to prevent any human or animal from falling into it and getting injured. Should such an unfortunate event occur, the property owner will be held liable for the damages incurred to the injured person or animal.

It further is the responsibility of the property owner to avoid contamination of the borehole water due to this potentially leading to the subsequent contamination of groundwater.

The City underlines that the reason for registration rests with trying to ensure compliance with safety and legality requirements. Registration allows the municipality to keep track of the various systems in the municipality. When it comes to electricity, by keeping a record of the PV systems, the City can apply this information to controlling demand, managing the quality of supply and planning future investment in electricity infrastructure.

Website: www.sllaw.co.za

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