Across South Africa residents are turning to alternative sources of electricity supply in an effort to be more self-sufficient in the face of unpredictable, uncertain power supply, but without understanding the legal ramifications.
There may well be laws governing installations such as solar photovoltaic (PV) technology, inverters, batteries and generators, not to mention insurance implications.
Without an end to power utility Eskom’s loadshedding in sight, residents are seeking to alleviate inconsistent stage changes that wreak havoc on both work and home life. The most popular starter solution is an inverter with battery backup system, with solar PV panels added that assist in charging the batteries during daylight hours.
Buildings with larger capacity demands are being equipped with self-contained generators to eradicate the production downtimes caused.
While the verdict is still out regarding the registration of battery backup systems in terms of any energy regulations and legislation, all solar PV systems are required to be registered and signed off by the Local Municipality’s Electrical Departments in compliance with Nersa and Sans 10142, parts 3 and 4, respectively. The guidelines to apply, application forms and necessary documentation are generally available on each municipality’s website for download, or enquiries can be made at the local municipal office about the relevant department or official responsible.
In terms of the National Building Regulations and Building Standards Act (103 of 1977), stand-alone “inverter and battery” systems and solar PV-assisted systems are required to be submitted to the local municipality’s Building Control Section for approval in terms of the Act. This also applies to fixed generators that supply electricity to a building during loadshedding or loss of supply from the grid. One may not view the installation of any system as building work, but the Act is quite clear on the definition of “building”, which includes “electrical supply in respect of the building”. So one should enquire with the local Building Control Section for the requirements and documentation associated with the submission and approval of a particular system.
Insurance companies are becoming more aware of the risk and their obligations regarding what is covered and not in terms of the building insurance policies. By default, insurance companies will insure all that is approved from the date of initiation of the policy.
Any improvements made (not to be confused with maintenance) must be communicated to the insurer for the policy to be updated and a new premium communicated, if applicable. Any improvements for which building-plan approval has not been obtained, has the possibly of not being covered by the insurer, leaving the owner with damages and no recourse to repair it.
Even though solar PV, inverter and battery installations are mostly safe, there have been recent cases of fires emanating from these installations without warning, leaving buildings damaged. These being in Aandblom Street, Paarl (3 May 2023) and the Vodacom Building Century City (9 July 2023).
While not all contractors/installers of these systems are au fait with local municipal requirements, all owners are advised to enquire before installing. Failure to do so could result in notices being served and criminal prosecution.
