SACAP: Identification of Work (IDoW) Interim Rule - Board Notice 10 of 2016

BOARD NOTICE 10 2016

SOUTH AFRICAN COUNCIL FOR THE ARCHITECTURAL PROFESSION

INTERIM RULE ON THE IDENTIFICATION OF WORK FOR THE ARCHITECTURAL PROFESSION

In terms of section 36 (1) and (3) of the Architectural Profession Act, 2000 (Act No. 44 of 2000), Notice is hereby given that the South African Council for the Architectural Profession (SACAP) has made the rules as set out hereunder.

PREAMBLE

The purpose of these rules are to regulate the type of work which may be performed by persons registered in any of the categories referred to in section 18 of the Act.

1.     Definitions

In these rules any word or expression to which a meaning has been assigned in the Act shall bear the same meaning, and unless the context otherwise indicates –

"
Code of Professional Conduct" means the code published in Board Notice 154 of 2009.

Act” means the Architectural Profession Act, 2000 (Act No. 44 of 2000)

“Categories of Registration” means the categories in which a person
is registered with SACAP in the architectural profession in terms of section 18 (1) of the Act.

2.     The Interim Identification of Work (IDoW) Interim Policy -  Board Notice 154 of 2011 (Part 1 of 2, Part 2 of 2), has been withdrawn by way of Board Notice 258 of 2015 at the instance of the Council for the Built Environment (“CBE”) and the Competition Commission, given the fact that neither of these organisations had approved such.

The new IDoW Policy is due to be adopted by Council after a public participation process has been duly completed. Thereafter, the new IDoW will be provided to both the Competition Commission and Council for the Built Environment for approval in terms of Section 26 of the Architectural Profession Act which must be read together with Section 20 and 4(q) of the CBE Act.

However, while a new IDoW is under consideration, the Principle of the demarcation of work regulation, which is in accordance with - qualifications, skills, experience and competencies, is applicable and serves as a regulatory guide within the architectural profession. 

Therefore, a Registered Person (Professional) undertaking work for a client, shall do so in compliance with Rule 2.1 of the Code of Professional Conduct.

This means that registered persons may only perform such work as they are professionally qualified and competent to undertake.