Architectural Profession Act, 2000 (Act No. 44 of 2000)

Board Notices

Framework for Guidelines Professional Fees, 2020

5. Definitions and interpretations

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In this document, unless the context otherwise indicates, an expression or word hereunder shall mean:

 

SACAP

means the South African Council for the Architectural Profession;

 

Act

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

 

Agreement

means a written agreement between a client and the registered professional;

 

Alteration

in terms of Clause 23 means a change in a building or facility that affects or could affect the usability of a building or facility or portion thereof.

 

Addition

in terms of Clause 24 means projects that increase, expand, or extend a facility’s gross floor area or height of a facility are considered additions.

 

Registered Person

means a person registered in one of the categories of professionals and candidates referred to in section 18 of the Act;

 

Architectural professional

means a person registered in one of the categories of professionals referred to in section 19(2)(b);

 

Architectural Practice

means a juristic person appointed to provide the architectural service for the project;

 

Board notice

means the notice containing the guidelines professional fees which, in terms of section 34(2) of the act is published annually by SACAP in the Government Gazette;

 

Budget

means the anticipated cost of the project and/or works, provided that estimates on which the budget is based, shall be deemed to be valid for a period not exceeding 3 months;

 

Building contract

means the Joint Building Contracts Committee (JBCC) Principal Building Agreement or any other building contract entered into between the client and the contractor;

 

Client

means the party appointing the architectural professional to perform the services or any part thereof referred to in this document;

 

Consultant

means a professional person/s or entity/entities appointed by the client to provide services with respect to the project;

 

Construction documentation

means graphic representations, plans, sections, elevations, site plans, specifications, construction details, service co-ordination information, schedules and such other details and descriptions as are within the reasonable competence of an architectural professional which are sufficient to indicate the scope of the works;

 

Contract

means an agreement entered into by the client with a contractor for the execution of the works or part thereof; it may also be referred to as the building contract;

 

Contractor

means the entity or entities contracting with the client for the execution of the works or part thereof;

 

Inspection

means such periodic visits to, or in connection with the works, by the architectural professional as are necessary to establish conformity of the work to the contract documentation and quality in terms of the acceptable industry standards, and to provide on-site clarification and further information during the progress of the work. Inspect shall carry the same meaning;

 

Practical completion

means the stage of completion where the works or a section thereof are certified by the principal agent as substantially complete and can effectively be used for the purpose intended;

 

Principal Agent

means the person appointed to fulfil the obligations of the principal agent in the agreed form of construction contract;

 

Principal consultant

means the person authorised by the client to lead the consultants in all matters including technical co-ordination;

 

Project

means the development for which the architectural professional and consultants are appointed for and may not be limited to the works;

 

Specialist

means an architectural professional highly skilled in a specific and restricted field;

 

Principal

means the proprietor, partner, director or member who bears the risks of practice and takes full responsibility for the potential liabilities of practice;

 

Works

means all work executed or intended to be executed according to the building contract;

 

The hourly rates

shall be deemed to include establishment charges and charges for time expended by clerical staff;

 

The words

"advise", "appoint', "approve", "authorise", "certify", "consent', "decide", "delegate", "designate", "instruct', "issue", "notify", "object, "reply", "request', and "specify" shall indicate an act required to be carried out in writing;

 

All monetary amounts

exclude VAT which shall be added to any amounts which become due and payable;

 

Notice in terms of service agreements

shall be deemed to have been duly received when delivered by hand on the day of the delivery; sent by registered post 7 (seven) days after posting; and sent by e-mail 3 (three) days after transmission.