Beetle certificates are no longer required by law but are standard in Western Cape and KwaZulu-Natal sale agreements.
Many years ago it was prescribed by law (Forest Act) that the Department of Agriculture had to be notified of the existence of certain beetles found in timber in residential homes. When beetles were found, the wood had to be destroyed due to the danger posed by these beetles to wood and to avoid the risk of spreading.
The legislation specifically required such notification for three types of beetles, which became commonly known as the so-called ‘notifiable beetles’:
– European house borer (Hyloytopus bajulus)
– Longhorn beetle (Oxypleurus nodeiri)
– West-Indian drywood termite (Cryptotermes brevis).
The necessity to notify the department of such beetles found its way into sale agreements. Ever since, and despite the fact that it is no longer required in terms of legislation, standard agreements of sale, particularly those in circulation in the coastal provinces (Western Cape and KwaZulu-Natal) continue to require a beetle certificate before transfer, given that these are the regions in which these beetles are most prevalent.
Always exercise caution – there are other beetles not included in this group that can cause damage to wood in a house. If parties are concerned about this possibility, it would be advisable to refer to all wood-destroying beetles in general rather than to specify the type of beetle in the agreement, so as to obtain a certificate that includes confirmation that no wood-destroying beetles of any nature were found in the premises.
Some noteworthy points:
– The seller and buyer can contract out of the requirement to provide a beetle certificate. However, if parties agree that no beetle certificate is necessary and the bank requires it for the buyer’s home loan, then it will need to be provided at the purchaser’s expense. Obviously, if it is a cash deal, this does not present a problem.
– The certificate is usually not required in sectional title schemes as these are generally more recent buildings with little or no timber. However, where there is a risk of beetle infection in a sectional title unit, for example where an old building was sectionalised or where you have a top floor unit with wooden beamed roofing, it may well be prudent to provide for a beetle certificate.
Article courtesy of Property 24