Architectural Profession Flashcards
Which act is the Architects Profession Act? (number)
Act 44 of 2000
List the functions of the Architectural Profession Act
Primary role is to protect the PUBLIC - done through enacting legislated authority through (4 functions!):
- to provide for the establishment of a juristic person to be known as the South African Council for the Architectural Profession (SACAP)
- to provide for the registration of professionals, candidates and specified categories of the architectural porfession
- to provide for the regulation of the relationship between the SACAP and the Council for the BUilt Environment
- to provide for matters connected therewith.
What does SACAP stand for?
South African Council for the Architectural Profession
What is the purpose of SACAP?
protect the public by ensuring the professional maintains acceptable standards and technical competence
Who manages and directs SACAP?
Council members who are nominated in terms of the Act and are appointed by the Minister of Public Works
What are the two pillars of legislation of the architectural profession?
- The Architectural Profession Act (Act 44 of 2000)
2. The National Building Regulations and Buildings Standards Act (Act 103 of 1977)
Which is the Council for the Built Environment Act (number)?
Act 43 of 2000
What did the Council for the Built Environment Act do?
provides for the establishment of a juristic person to be known as the Council for the Built Environment (CBE) as an overarching Council for the professions practicing in the built environment. All building professions are provided for and resort under the auspices of this overriding new provision.
What the NBR and Building Standards Act provide for?
provides for the promulgation of uniformity in the law relating to the erection of buildings in the areas of jurisdiction of local authorities and for the prescribing of building standards.
If an architectural professional prepares any document, specification, diagram etc in terms of the Act, what must they affix to these?
profession
registration
What are the SACAP categories of registration?
Professional Architect (PrArch)
Professional Senior Architectural Technologist (PrSArchT)
Professional Architectural Technologist (PrArchT)
Professional Architectural Draughtspersons (PrArchDraught)
Candidate Architect
Candidate Senior Architectural Technologist
Canididate Architectural Technologist
Candidate Architectural Draughtspersons
Specified categories, prescribed by the Council
What are the primary functions of SACAP?
- protect the public in their dealings with members of the architectural profession
- register professionals that are members of the architectural profession (and maintain this register)
- accredit architectural education in South Africa
- prepare and publish a Code of Professional Conduct (and prosecute offenders of this code)
- establish an investigating committee regarding improper conduct
- prepare and publish a Framework for the Professional Fees Guideline
- develop and implement the Identification of Work protocols
- amend legislation if necessary
- ensure the public and registered persons are kept informed of developments within the sector (by facilitating and auditing the Continuous Professional Development process)
- acknowledge and accredit Voluntary Associations as appropriate
Which part of the Act provides for categories of registration?
Section 18 of Act 44 of 2000
Authorized titles of each category are identified in Section 21
Where can one find the rules that Architectural Professionals must adhere to?
Code of Professional Conduct (Board Notice 154 of 2009)
According to the Code of Professional Conduct, list the professional responsibilities
NB!!
terms of appointment of architectural professional must be set out IN WRITING and include:
- the scope of project or works
- the scope of services to be provided
- the allocation and limitation of responsibilities
- the fee payable for the work or services, the method of calculation of the fees and the work stage (s) at which fees will be payable
- the budget (if applicable) or other cost limit for the project, work or service and the method and implication of estimating costs
- provisions for the termination of the agreement
- details of Professional Indemnity insurance
- provision for dispute resolution
What is CPD? Explain
Continuing Professional Development
CPD: the process of tracking and documenting the skills, knowledge and experience you gain formally and informally as you work
SACAP: CPD as a mechanism to determine the conditions for renewal of registration of professionals (expires every 5 years).
What is the purpose of CPD?
lifelong learning to maintain, enhance and increase the knowledge and skills necessary for the proper execution of professional duties
What are the rules of the Code of Professional Conduct?
There are 6 rules!
- Unprofessional Conduct
Refrain from conduct which the SACAP would deem to be detrimental to the esteem, dignity, and/or professionalism of the architectural profession. - Technical competence and professional work
Only undertake architectural work that is identified in the category of registration.
Engage in Continuing Professional Development (CPD) to remain up-to-date with developments in the practice of architecture. - promotion of services
Promotion of professional services must be in a truthful and responsible manner.
Credit may only be taken for own work; and any business interests that may result in a conflict of interest must be declared. - professional responsibilities
(the list of 8 items IN WRITING) - establishment of an architectural practice and carrying on of a business
Ensure that the SACAP is aware of all the details of the architectural practice.
Keep stationary (letterheads, etc.) up-to-date and ensure the display of information per SACAP requirements. - international work
If working as an architectural professional outside of the borders of the Republic of South Africa, conduct must be in accordance with the officially recognised standards and professional code of conduct of the country concerned.
It is usual that one be required to register in the envisaged country, or to create a joint-venture arrangement with a local architect if legislation so allows.
what is the historical basis of SA contract law?
Roman-Dutch Law of Contract
SACAP’s primary role is to protect the PUBLIC, and this role is done by enacting its legislated authority through the following:
- protect the public in their dealings with members of the architectural profession
- register professionals that are members of the architectural profession (and maintain this register)
- accredit architectural education in South Africa
- prepare and publish a Code of Professional Conduct (and prosecute offenders of this code)
- establish an investigating committee regarding improper conduct
- prepare and publish a Framework for the Professional Fees Guideline
- develop and update a recommended Annual Update of the Professional Fees Guideline
- interact with the Council for the Built Environment (CBE) and all its constituent members
- develop and implement the Identification of Work protocols
- amend legislation if necessary
- ensure that the public and registered persons are kept informed of developments within the sector (by facilitating and auditing the Continuous Professional Development (CPD) process)
- acknowledge and accredit Voluntary Associations as appropriate
The functions of SACAP are enacted through the following:
control of standards of education at tertiary institution for the purpose of professional registration by means of visiting boards
the administration of a Code of Professional Conduct
the protection of the public interest by identifying the type of architectural work each category of registered person is capable and competent to perform
What does CPD stand for?
Continuing Professional Development
Why is CPD needed?
the increasing complexity of construction
the need for improved performance
ongoing development of materials, techniques and systems
rapid developments in information technology
continually changing legislative and practice frameworks
growing environmental imperatives
When does SACAP registration expire and what is required for renewal?
professional registration with SACAP expires every 5 years
Only if you comply with the rules for CPD will you be able to renew your registration
SACAP has a ‘credit’ system for CPD. How many credits are required to be accumulated in a 5 year cycle
25 CPD credits across 3 different categories
List the 3 categories for CPD
category 1: Development Activities
- lectures
- courses
- seminars
- conferences and workshops
category 2: Work-Based Activities
- architectural work
- lecturing
- in-house training and mentoring of candidates
category 3: Individual Activities
- membership of a voluntary association
- post-graduate qualification
- publication of articles
- self-study
- community work
- contribution to statutory and technical committees
What 2 bodies are approved CPD providers
VOLUNTARY ASSOCIATION
ACCREDITED EDUCATIONAL INSTITUTION
which is recognised by the SACAP for the purpose of offering appropriate learning in respect of Category 1 (Development) Activities
In South Africa, a contract can only give rise to a legal obligation once certain essential requirements are met:
Consensus: The parties to the contract must have the same intention of creating a legal obligation, with certain legal consequences between them.
Contractual capacity: The parties must have the legal ability to form an intention.
Legality: The contract must be legal and therefore must not be in conflict with either common law or any other form of legislation.
Possibility: The performance (or non-performance) in terms of the contract must be possible and determined (or determinable).
Formalities: The contract must be reduced to some visible form as required or prescribed.
What is the law of agency?
The law of agency regulates the performance of juristic acts of one person (the agent) who is authorised to act with authority on behalf of another (the principal) which results in legal relations between the principal and a third party.
What is lien?
Lien is a right to keep possession of a property belonging to another person until a debt owed is discharged.
In common law, a contractor has a lien (right of retention) over the immovable property including the building or structure (or portion thereof) that is constructed, enhanced or repaired. This is in order to secure payment of the contract price by means of retaining physical control of the site.
The contractor may waive the lien, provided that the employer provides a security for payment as required in order to fulfil the obligations in terms of the building contract.
