CONSTRUCTION REGULATION 3 AND 4:
With clarity on the fact that architects must comply with the Construction Regulations, it is necessary to be aware of the two different tiers construction work may fall into. The 2 types of construction work according to the law will be discussed in the following two paragraphs.
“permit work” (Regulation 3)
All construction work where the work will exceed 180 days, will involve more than 1800 person days of construction work, or the works contract is of a value equal to or exceeding thirteen million rand or Construction Industry Development Board (CIDB) grading level 6, will be seen as “permit work”. If the above criteria are met, it means that the client must apply for a permit in a form similar to annexure 1 (click here to see). this must be done at least 30 days before the physical construction work on site is going to start. However, if the permit that was applied for did not get approval from the provincial director and thereafter getting a site-specific number, the project is not allowed to start.
“Notification work” (Regulation 4)
If the construction work project does not meet the criteria of a “permit construction work”, which means that the project is less than 180 days, 1800 man days, 13 million and lower than a Construction Industry Development Board (CIDB) grading level 6, the contractor who intends to carry out that construction work, must at least 7 days before that work is to be carried out notify the provincial director in writing in a form similar to Annexure 2 (click here to see).
Architects note: possibilities are good that when a client starts the process with the architect, he will not be aware of the criteria attached to “permit construction work” and “notification construction work”. As an architect, you will have the most knowledge on the requirements and whether or not certain requirements are going to be met, and therefore you should advise your client regarding the type of construction work this project will fall in. This will pave the way for a legally compliant project, and ensure compliance to the South African Council for the Architectural Profession Code of Conduct.