Sep 11, 2025

The Legal Liability Shock: Protecting Your Business When Working Near Electric Fences

Introduction

Electric fences are a familiar feature across South Africa, serving as both a deterrent and a security barrier. While they provide protection for property owners, they also introduce unique risks for professionals working near them—particularly electricians. Even when not installing the fence itself, electricians often conduct repairs, maintenance, or new wiring close to electrified perimeters.

This overlap creates two major challenges: electromagnetic interference (EMI) that can disrupt electrical systems and the potential for accidental contact with live conductors. Beyond safety, there is also the legal liability that comes with working around non-compliant fences. South African law, through SANS 10222-3, places strict requirements on the design, installation, and certification of electric fences.

For electricians and contractors, understanding these obligations is not simply a matter of good practice—it is essential for safeguarding businesses against costly legal claims, invalidated insurance, and reputational damage. This article provides a complete guide to the risks, legal frameworks, and best practices for working near electric fences.

Overview of SANS 10222-3 and Legal Requirements

What is SANS 10222-3?

SANS 10222-3 is the national standard that regulates the erection of non-lethal electric fences in South Africa. It outlines the technical requirements for design, installation, and maintenance, with an emphasis on safety and compliance.

Why does it matter for electricians?

All installations must have a Certificate of Compliance (CoC).
Only a registered Electric Fence System Installer (EFSI) can issue this certificate.
Work near fences that are not compliant can expose electricians to liability—even if they did not install the system.

Key obligations under the law:

Fences must be installed to prevent unauthorised access, accidental harm, and EMI.
Warning signage is mandatory.
Certificates must be renewed when properties are sold or systems are altered.

Electromagnetic Interference (EMI): A Hidden Hazard

Understanding EMI in electric fences

Electric fences rely on energisers that pulse high-voltage electricity. These pulses can generate electromagnetic fields capable of interfering with nearby communication or electrical systems.

Risks to electricians and businesses

Interference with data cables: Can cause poor internet or phone connections.
Disruption of sensitive equipment: Hospitals, data centres, and industrial facilities are especially vulnerable.
Workplace hazards: Misdiagnosed system faults caused by EMI can delay projects and increase costs.

Preventative measures

Maintain proper separation between fence wiring and communication lines.
Ensure correct earthing to reduce interference.
Test systems with EMI detection tools before beginning work.

Risks of Accidental Contact Near Electric Fences

Voltage and safety impact

Electric fences typically carry voltages of up to 10,000 volts, although delivered in short pulses designed to deter rather than kill. Despite this, shocks can cause severe injuries in certain circumstances.

Who is most at risk?

Children and elderly individuals
Workers using conductive tools near fences
People with pacemakers or medical implants

Practical examples

An electrician carrying a metal ladder accidentally touches a live wire.
A contractor assumes the fence is switched off during maintenance, only to discover it is energised.

Key takeaway: Accidental contact can lead to personal injury claims, reputational harm, and even criminal liability if safety protocols were neglected.

Legal Liability for Non-Compliance—Even If You Didn’t Install the Fence

Civil and criminal liability

If a non-compliant fence causes injury or property damage, liability may extend to:

The property owner
The installer
Any contractors working near the fence who failed to follow due diligence

Certificate of Compliance (CoC) obligations

Required for all installations after October 2012
Must be renewed at sale or alteration of a property
Without it, property transactions can be blocked and insurance claims denied

Business consequences

Invalid insurance: Claims may be rejected if the fence lacks certification.
Delayed projects: Non-compliant systems can halt property sales.
Legal claims: Injuries can lead to lawsuits against contractors.

Key Compliance Requirements Under SANS 10222-3

Energiser standards

Must comply with SANS 60335-2-76
Must have a valid test certificate and Letter of Authority

Warning signage

Yellow warning signs with a lightning bolt symbol
Installed every 10 metres, at gates, and corners

Earthing and grounding

Earth spikes must be accessible and properly insulated
Cable runs should be visible, not buried, for inspection

Material quality

Conductors and insulators must meet durability and UV-protection standards
Poor-quality materials increase maintenance costs and safety risks

Installation geometry

Minimum height of 1.5 metres when installed on walls or fences
Brackets angled no more than 45° outward
Neighbour consent required if brackets cross boundaries

Best Practices for Electricians Working Near Electric Fences

How to approach work safely

Pre-work inspection

Verify the fence has a valid CoC.
Identify energiser locations and grounding points.

Safe working distances

Keep ladders, scaffolding, and tools away from live conductors.
Use non-conductive equipment where possible.

Personal protective equipment (PPE)

Use insulated gloves and tools.
Wear protective clothing for outdoor conditions.

Coordination with installers

Confirm with property owners or registered installers if parts of the fence need isolation.
Always assume a fence is live until proven otherwise.

Record-keeping

Document all safety checks.
Keep records of conversations with clients and installers.

Insurance and Property Transfer Implications

Insurance impact

Claims for injury or theft linked to a non-compliant fence may be rejected.
Policies may require updated CoCs for coverage validity.

Property sales

Transfer of ownership cannot occur without a valid electric fence CoC.
Even fences installed before 2012 require certification if altered.

Business implications

Electricians who work on uncertified properties risk becoming entangled in legal or insurance disputes.
Non-compliance can delay projects, frustrate clients, and harm professional reputation.

Training and Registration: The Only Paths to Legitimacy

Becoming a registered installer

Electricians must complete accredited training programmes.
Registration with the Department of Labour is mandatory.

Why registration matters

Only registered installers can issue CoCs.
Working without registration can lead to penalties and reputational harm.

Benefits of compliance

Legitimacy and trust with clients
Expanded service offering beyond standard electrical work
Reduced risk of liability claims

Recent Regulatory Developments and Enforcement Trends

Updates to the standard

The 2023 Edition introduced stricter grounding protocols, better inspection accessibility, and stronger materials.
Warning signage requirements were clarified to improve visibility.

Enforcement in practice

The Department of Labour has increased inspections.
Non-compliant property owners are facing fines and delayed transfers.

Why this matters now

As electric fences become more common, compliance scrutiny is intensifying.
Electricians must stay informed to avoid liability and maintain competitiveness.

Safety vs Risk: A Practical Comparison

Practice	Protection Provided	Risk if Neglected
Verifying CoC status	Detects non-compliance early	Legal/insurance exposure if fence injures
Maintaining separation from conductors	Reduces EMI and contact risk	Interference, equipment failure, accidents
Using PPE and insulated tools	Protects against accidental contact	Severe injury or death
Documenting precautions	Provides evidence of diligence	Difficulty defending liability claims
Coordinating with installers	Ensures safe isolation and compliance	Risk of tampering with live systems
Following updated SANS standards	Full legal and safety compliance	Legal penalties, fines, reputational harm

Frequently Asked Questions (FAQs)

Do electricians need to be registered to work near electric fences?

Not always. General electrical work near a fence does not require registration, but working on or altering the fence system itself requires EFSI registration.

Can I be held liable if a fence shocks someone while I am working nearby?

Yes, liability may extend to anyone working in the area if safety checks and due diligence were neglected.

What happens if a property is sold without an electric fence CoC?

The transfer will not proceed until certification is issued. This can delay sales and create financial strain.

How can I tell if an electric fence is compliant?

Check for:

Valid Certificate of Compliance
Proper warning signage
Accessible earthing points
Installation geometry matching standards

Conclusion

Electric fences are an essential part of South Africa’s security landscape, but they introduce real risks for electricians and contractors working nearby. From electromagnetic interference to accidental shocks and legal liability, the consequences of overlooking compliance can be severe.

The key to protection lies in awareness, preparation, and compliance:

Verify fence certification before starting work.
Follow safe working practices.
Stay informed of the latest updates in SANS 10222-3.
Where necessary, partner with a registered Electric Fence System Installer.

By doing so, electricians not only safeguard their businesses from liability but also enhance their reputation as trusted, safety-conscious professionals.

Expert advice: Treat every electric fence as live until proven otherwise, and never compromise on compliance checks. In an industry where safety and liability are intertwined, diligence is your strongest defence.