Quantity Surveying Profession Act, 2000 (Act No. 49 of 2000)

Board Notices

Code of Professional Conduct

3. Rules of Conduct
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Registered persons and quantity surveying practices are subject to the disciplinary supervision of the council. The rules lay down standards of professional conduct and practice and failure to follow the guidance of the rules will be taken into account should it become necessary to examine the conduct or competence of a registered person.

 

The code of conduct forms the basis of disciplinary proceedings. The council will investigate any complaint of unacceptable professional conduct or of serious professional incompetence.

 

If a quantity surveying practice is in a breech of any provision of the Act or any rule published in terms of the Act, which would have constituted improper or unprofessional conduct if committed by registered persons in the carrying out of their profession as natural persons in private practice, the council shall proceed against the principal officer of the practice.

 

In fulfillment of the objects stated in 2, registered persons—

 

3.1must have due regard to public safety, public health and the public interest generally;

 

3.2must discharge their duties to their respective employers or clients effectively and competently;

 

3.3must discharge their duties to their respective employers or clients with integrity, fidelity and honesty;

 

3.4must order their conduct so as to uphold the dignity, standing and reputation of the profession;

 

3.5may not undertake or offer to undertake professional work for which their education, training and experience have not rendered them competent to perform;

 

3.6must ensure that where work is carried out on behalf of a registered Professional Quantity Surveyor by an employee or by anyone else acting under a registered Professional Quantity Surveyor's direction or control, such registered person shall be responsible for ensuring that the person is competent to perform the task, and if necessary, is adequately supervised;

 

3.7must provide work or services of a quality, scope, and to a level, which are commensurate with accepted standards and practices in the profession;

 

3.8must disclose to their respective employers or clients, or prospective employers or clients, in writing—
3.8.1any interest, whether financial or otherwise, which they may have in any company, firm, or organization, or with any person, which is related to the work for which they have been or may be employed; and
3.8.2particulars of any royalty or other benefit which accrues or may accrue to them as a result of such work;

 

3.9may not, subject to paragraph 3.8 receive, either directly or indirectly, any gratuity, commission or other financial benefit on any article or process used in or for the purpose of the work in respect of which they are employed, unless such gratuity, commission or other financial benefit has been authorised in writing by the employer or client concerned;

 

3.10may not, whether practicing their profession or otherwise, injure the professional reputation or business of any other registered person;

 

3.11may not knowingly attempt to supplant another registered Professional Quantity Surveyor in a particular appointment after the client has employed the other registered Professional Quantity Surveyor;

 

3.12may not advertise their professional services in a self-laudatory manner or in a manner that is misleading or inaccurate or derogatory to the dignity of the profession;

 

3.13may not knowingly misrepresent, or knowingly permit misrepresentation of, their own academic or professional qualifications or those of any other person involved with quantity surveying work, nor knowingly exaggerate their own degree of responsibility for quantity surveying work or that of any other person involved in it;

 

3.14may not review for a particular client, the quantity surveying work of another registered Professional Quantity Surveyor except—
3.14.1with their prior knowledge and written consent, which such consent shall not be unreasonably withheld. of the other registered Professional Quantity Surveyor. Furthermore, the must be afforded a reasonable opportunity to submit their comments to the client on the findings of the review;
3.14.2after receipt of a notification in writing from the client, that the engagement of the other registered Professional Quantity Surveyor has been terminated; or
3.14.3where the review is intended for purposes of a recognized and competent court of law in the Republic of South Africa or legal proceedings;

 

Such review may only be undertaken, following the full settlement by the client who is mandating that the quantity surveyors work be reviewed. [Drafting Note: the dispute could pertain to the quality of bad work that the client disputes is due and payable - Council to discuss]

 

Accordingly, the above provisions will not waive any lien or right of retention that the quantity surveyor whose work is being reviewed, may have held or hold, in respect of the work that they have undertaken;

 

3.15may not without satisfactory reasons, destroy or dispose of; or knowingly allow any other person to destroy or dispose of, any calculations, drawings or contractual documents within a period of 5 years after completion of the project concerned;

 

3.16may not place contracts or orders, or be the medium of payments, on their respective employer's or client's behalf without the written authority of the employer or client concerned;

 

3.17may not issue any reports, specifications, documents or drawings in respect of quantity surveying work prepared by them or by any other person under their direction or control, unless—
3.17.1such reports, specifications, documents or drawings bear the name of the organisation concerned;

 

3.18may not either directly or indirectly deal in construction projects and / or property development for his / her own account or for any consideration where:
(a)such dealings in construction projects and / or property development conflict with his / her responsibilities to his / her client or employer; or
(b)he / she has privileged or confidential information concerning such construction projects and / or property development as a result of any quantity surveying work undertaken by him / her: Provided further that he / she shall not make any personal use of or divulge to others, privileged or confidential information related to the quantity surveying work undertaken by him / her.

 

3.19may neither personally nor through any other person improperly seek to obtain quantity surveying work, or by way of commission or otherwise, make or offer to make payment to a client or prospective client for obtaining such work;

 

3.20must order their conduct in connection with quantity surveying work outside the borders of the Republic of South Africa in accordance with these rules in so far as they are not inconsistent with the law of the country concerned: Provided that where there are recognised standards of professional conduct in a country outside the Republic, they must adhere to those standards;

 

3.21must ensure that, while engaged as partners, directors, members or trustees of a quantity surveying practice operating under the style of a sole proprietorship, a partnership, a company registered in terms of the Companies Act, 1973 (Act No. 61 of 1973), or a close corporation registered in terms of the Close Corporation Act, 1984, (Act No. 69 of 1984) (or any legislation which subsequently repeals or supersedes these Acts) and which performs quantity surveying work of a nature generally performed in a quantity surveying practice, the control over the quantity surveying work of the organisation is exercised, and the responsibility in respect of it is carried, by a registered Professional Quantity Surveyor;

 

3.22must give the Registrar notice in writing within one month of any change of physical and postal addresses of business and residence;

 

3.23must, when requested by the council to do so, in writing provide the council with all the information available to them which may enable the council to determine which registered person was responsible for any act which the council considers prima facie to be improper conduct;

 

3.24In addition to the abovementioned rules, registered Candidate Quantity Surveyors—
3.24.1shall not practice for their own account,
3.24.2shall not practice in partnership, as a director of a company, as a member of a close corporation or trustee of a trust, performing quantity surveying work except with the prior written approval of the Council and subject to any condition which the Council may impose,
3.24.3shall not perform any quantity surveying work other than under the direct and continuous supervision of a registered Professional Quantity Surveyor, except under such circumstances as the Council may approve in writing.