R30,000 fine for South Africans with solar panels scrapped

South African homeowners may have avoided Eskom’s rooftop solar registration penalties, but they still face strict compliance requirements which could impact their property sales, insurance, and legal liability.

Eskom recently confirmed that residential customers won’t be fined or disconnected for failing to register rooftop solar systems by 30 September 2026.

This came after months of warnings about penalties of up to R30,000. As a result, Van Deventer Dowlath & Marx Director Cor van Deventer said homeowners can finally breathe a sigh of relief.

However, many homeowners are missing an important fact – that the electrical Certificate of Compliance (CoC) has now become one of the most important documents in a property transfer.

Van Deventer explained that, five years ago, a CoC was simply used to confirm that the wiring was safe and the lights worked.

“Today it has to account for photovoltaic arrays, battery storage, inverters, electric fencing, gas appliances, and a maintenance manual in line with international standards,” he said.

“And it’s this distinction that homeowners need to be aware of: registration and compliance are different legal animals.”

He noted that Eskom’s position does not bind local municipalities, as metros and local authorities have their own microgeneration rules that are completely unaffected by the state-owned enterprise.

With the compliance burden now far heavier than most sellers expect, Van Deventer said there are four key issues for homeowners.

First, every alteration to a solar system requires a new CoC. This means that additions such as batteries or panels, or the replacement of an inverter, are not covered by the original certificate.

Systems installed after June 2026 also require a maintenance manual aligned with IEC 62446-1:2018. However, the South African Bureau of Standards has not yet published the full local standard.

This has left South African electricians unsure how to meet the legal requirements without clear guidance on how to apply them.

Thirdly, some installations may also require engineering sign-off, including structural certification for roof loads and, in certain cases, fire engineering reports.

Finally, Van Deventer stressed that the CoC issuer matters. Often, it only becomes apparent that there was a problem with the issuer when something goes wrong.

A certificate issued by someone who is not verified on the Department of Employment and Labour register or cross-checked through the Electrical Conformance Board of South Africa is invalid.

Registration	Compliance
Relationship with Eskom or municipality	Legal safety obligation under the OHS Act
Governed by bylaws, tariffs, and connection conditions	Governed by Electrical Installation Regulations
Eskom’s reprieve applies only to Eskom customers	No deadlines extended, no fees waived
Municipal penalties (e.g., City of Cape Town and Joburg City Power) still apply	CoC requirements have tightened, not loosened
Administrative grid process	Safety, liability, insurance, and transfer

Risks for South Africans with solar

While the R30,000 fines may no longer be on the table, there are still several risks that South African homeowners with solar should be aware of. The first is transfer risks.

According to Van Deventer, transfer delays rarely stem from the certificate itself. Instead, they arise when sellers learn of their obligations after signing the offer to purchase.

“They then have to scramble to appoint contractors, get the remedial work completed, and obtain certificates under pressure,” he said.

South Africans with solar also face a disclosure risk, Van Deventer said. Electrical defects, disabled safety features, and uncertified alterations can affect a property’s value.

These issues fall within the seller’s statutory disclosure obligations under the Property Practitioners Act. “A voetstoots clause won’t protect a seller who knew about a defect and kept quiet,” he said.

This position has also been reinforced by the courts in cases such as Odendaal v Ferraris, which remains the legal benchmark for this issue.

In this case, the Supreme Court of Appeal confirmed that voetstoots does not protect a seller who conceals electrical defects or compliance failures. Courts have consistently held that disclosure is a firm legal duty.

In Van Wyk v Lewis, the court also reinforced that a property seller remains liable for undisclosed alterations to electrical installations where the modifications fall outside the scope of an active CoC.

A 2025 High Court judgment in Biologicals and Vaccines Institute of Southern Africa v Guardrisk Insurance Company further showed the importance of electrical compliance in insurance claims.

The judgment confirmed that insurers are increasingly interrogating electrical compliance in fire claims, with the validity of compliance documentation playing a role in whether a structural claim is paid or repudiated.

Van Deventer warned that insurers are increasingly asking for proof that solar systems were installed by qualified professionals before paying out claims for fire, weather damage, or theft.

“Without a valid CoC or an ‘as-built’ record, a homeowner could have their entire building insurance claim rejected, not just the claim for the solar panels,” he said.

“The pattern is similar in these cases. Registration is a conversation with your distributor, whereas compliance is a strict statutory obligation. Only one of them has been relaxed.”

Advice for sellers and estate agents

To avoid delays, disputes and potential insurance or liability issues, Van Deventer recommended that sellers and estate agents:

• Raise certificates at the time of listing a property: electrical, gas, electric fence, and plumbing, where applicable.
• Ask the seller directly whether any modifications, additions, or panel/battery expansions occurred since the last CoC was issued.
• Verify that the issuing electrician appears actively on the Employment and Labour Department’s statutory register.
• Time the inspection properly so the certificate remains valid through to the registration of transfer.
• Check registration status with the actual local electricity distributor, whether that is Eskom or a specific metropolitan municipality.
• Keep CoCs, invoices, technical data sheets, maintenance manuals, and engineering sign-offs in a folder for immediate reference.

Nationally, standardised training and inspection requirements are evolving alongside formal occupational qualifications for photovoltaic installers, Van Deventer added.

At the same time, local authorities are moving to align enforcement efforts, though this will likely take some time. As such, South Africans should expect delays.

“In the meantime, the safest assumption is that registration is paperwork and compliance is the legal safety net,” he said.