Certificate of competence, mortuary registration and death registration deadlines for funeral businesses
No one may prepare or store human remains on premises that do not hold a valid certificate of competence issued by the local authority, and no death may go unregistered for more than 72 hours. Those two clocks — one municipal, one at Home Affairs — sit at the centre of running a compliant funeral or mortuary business.
Reviewed by TefCo Compliance Research — last verified 15 September 2026.
In short
- A certificate of competence is required before any premises may be used as a funeral undertaker's premises or mortuary (Regulations Relating to the Management of Human Remains, GN R.363 of 2013).
- A notice of death must be given to the Department of Home Affairs within 72 hours of death (Births and Deaths Registration Act 51 of 1992, section 14).
- New premises applications require a 21-day public notice period in two newspapers before the application can be processed.
- A certificate of competence is not automatically transferable — a change of ownership or premises needs its own application.
The certificate of competence: premises, not the person alone
Chapter 3 of the Regulations Relating to the Management of Human Remains, made under the National Health Act 61 of 2003, section 68, requires a certificate of competence before any premises may be used as a funeral undertaker's premises or a mortuary. No person may prepare or store human remains except on premises for which a valid certificate of competence has been issued by the relevant local government. [1](https://www.gov.za/sites/default/files/gcis_document/201409/36473rg9960gon363.pdf)
The certificate attaches to the premises and the applicant together — it is issued or transferred under regulation 5, and its validity and any transfer are dealt with under regulation 6. A change of premises or a change of ownership is not automatic; each municipality's own application process applies, and Cape Town's, for example, requires ground plans and block plans of the site. [4](https://www.capetown.gov.za/City-Connect/Apply/Health-and-safety/Burial-and-exhumation/Apply-for-an-undertaker-certificate)
New premises: the 21-day public notice rule
Where the application is for new premises, the local authority will not process it until 21 days after the applicant has published two notices, in two official languages, in newspapers circulating in the area. This gives neighbours and interested parties a window to object before the certificate is issued. [4](https://www.capetown.gov.za/City-Connect/Apply/Health-and-safety/Burial-and-exhumation/Apply-for-an-undertaker-certificate)
Building this 21-day window into your opening timeline matters — it sits before the municipality even begins its own processing time, so a new mortuary or undertaker's premises should budget several weeks beyond the notice period for the certificate to be issued.
Confirm the current application form and fee with your own municipality's environmental health department — Regulations R363 set the national framework, but the application process, forms and processing times are administered locally.
Registering the death itself: the 72-hour clock
| Step | Timing | Source |
|---|---|---|
| Notice of death given to Home Affairs | Within 72 hours of death | Births and Deaths Registration Act 51 of 1992, section 14 |
| Notice of death completed by a medical practitioner | Form DHA-1663 | Department of Home Affairs — death certificates |
| Notice of death completed by another authority (e.g. traditional authority) | Form DHA-1680 | Department of Home Affairs — death certificates |
| Abridged death certificate issued | Same day as registration, free of charge | Department of Home Affairs — death certificates |
The funeral undertaker's role in registration
The Births and Deaths Registration Act 51 of 1992, section 22A, allows the Minister to designate funeral undertakers to assist with notification of death, and in practice a designated undertaker completes and submits sections of the DHA-1663 or DHA-1680 alongside the informant and the certifying medical practitioner. Fingerprints of the deceased, the informant and the undertaker are required on the notice.
A funeral business that is not itself a designated undertaker under section 22A should not complete or submit the notice of death on its own signature — check your designation status with your local Home Affairs office before taking on that role.
Frequently asked
Can a certificate of competence be transferred when a mortuary is sold?
It can be transferred under regulation 5 of GN R.363 of 2013, but transfer is its own application process, not an automatic change of the name on the existing certificate. Apply for the transfer with the local authority before the sale completes trading under the new owner's name.
Who is responsible for the 72-hour death registration deadline — the family or the undertaker?
The informant, usually a family member or a representative appointed by the family, is responsible for giving notice within 72 hours under section 14 of the Births and Deaths Registration Act 51 of 1992. A funeral undertaker designated under section 22A commonly assists with the paperwork, but the underlying duty sits with the informant.
Does a provisional certificate of competence exist for premises not yet fully compliant?
Yes — regulation 7 of GN R.363 of 2013 provides for a provisional certificate of competence. Confirm the specific conditions and validity period that apply with the local authority issuing it.
Sources
- National Health Act 61 of 2003 — Regulations Relating to the Management of Human Remains, GN R.363 (22 May 2013)
- Department of Health — Regulations Relating to the Management of Human Remains (republished copy)
- City of Cape Town — apply for an undertaker's certificate of competence
- Cape Winelands District Municipality — application for a Certificate of Competence for an undertaker's premises or mortuary (regulation 4(1)(a) of R363)
- Department of Home Affairs — death certificates and notice of death
- Births and Deaths Registration Act 51 of 1992 — Regulations on the Registration of Births and Deaths, GN R.128 (2014)
TefCo Corporate Compliance (Pty) Ltd is a compliance management platform, not a legal, tax or advisory firm. This guide is general information, not advice. Fees, dates and thresholds change — confirm current figures with the regulator before you rely on them.
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