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Presentation to : BCO Steering Committee Convention Presentation by :

Presentation to : BCO Steering Committee Convention Presentation by : Toto Fiduli – Head of Legal & Compliance Date : 26 September 2014 Venue: Durban ICC. REGULATORY POWERS.

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Presentation to : BCO Steering Committee Convention Presentation by :

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  1. Presentation to : BCO Steering Committee Convention Presentation by : Toto Fiduli – Head of Legal & Compliance Date : 26 September 2014 Venue: Durban ICC

  2. REGULATORY POWERS • The South African Council for the Architectural Profession (SACAP) is a statutory body established in terms section 2 of the Architectural Profession Act, No 44 of 2000. • The regulatory mandate of SACAP is to provide for registration of architectural professionals, candidates and specified categories. • Section 14 (g) empowers SACAP to take any steps it considers necessary for the protection of the public in their dealings with registered persons for the maintenance of the integrity and the enhancement of the status of the architectural profession. • Section 18 (2) stipulates that a person may not practice in any of the categories contemplated in subsection (1), unless he or she is registered in that category.

  3. REGULATORY POWERS Furthermore, in terms section 26 (3) a person who is not registered in terms of this Act, may not • Perform any kind of work identified for any category of registered persons; • Pretend to be, or any manner hold or allow himself to be held out as a registered person in terms of the Act; • Use the name of any registered person or any name or title referred to in section 18 or 21; or • Perform any act indicating, or calculated to lead persons to believe, that he or she is registered in terms of the Act.

  4. Challenges with the BCO • Building Control Officers approve plans from persons who are not registered with SACAP. • Members of the Public complain about illegal buildings being erected without approved plans. • Building Control Officers drawing plans and approving the plans themselves. • Building Control Officers refer members of the public to unregistered or suspended persons to prepare plans and then approve the plan.

  5. Challenges with BCO • Non-registered persons use registered- persons registration details illegally, and this goes undetected at the Municipalities • Local authorities accept plans from non-registered person. • Some registered persons use one registration number to get all of the architectural practice plans approved.

  6. Work together to Protect the Built Environment • BCO should not entertain any drawing plan from persons who are not registered with SACAP. Such plans should be immediately referred to SACAP. • We are pleased to report that certain Municipality have been working with us when they receive plans from people who are not registered with SACAP or when the registration is suspended. • Kwasani Municipality in KZN is one example.

  7. Work together to Protect the Built Environment • BCO should not asses or approve a plan for a registered person whose registration is suspended. • Any BCO that comes across a plan of person whose registration is suspended should refer the plan to SACAP for investigation. Page

  8. Work together to Protect the Built Environment • BCO should not draw plans and approve such plans themselves. It unlawful and a conflict of interest. • BCO should not refer members of the public to unregistered people and in turn approve such people’s work. • BCO should ensure that all the plans they entertain comes from registered persons in good standing with SACAP. Page

  9. QUESTIONS & ANSWERS Questions and Discussions Thank you Page

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