Paper 1 Test Flashcards by Pieter Nel

What is the name of the statutory body that was formed to ensure uniform application of norms and guidelines set by the councils for the professions throughout the built environment?

The Council for the Built (1) Environment (1)

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What is the name of the statutory body tasked to implement an integrated strategy for the reconstruction, growth and development of the construction industry?

Construction Industry
Development Board

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Provide the full name, number and year of origin of the Act that established the South African Council for the Architectural Profession (SACAP).

The Architectural (1) Profession (1) Act 44 (1) of 2000 (1)

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The Act formed SACAP as a __________ person.

Juristic

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Provide two measures utilized by SACAP to enact its functions.

*The protection of the public interest by identifying the type of architectural work each category of registered person is capable and competent to perform.

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.

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Who appoints the SACAP Registrar?

The Council

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Aside from adhering to SACAP registration requirements, provide three reasons for engaging in Continuing Professional Development as an architectural professional.

The increasing complexity of construction
The need for improved performance
Ongoing development of materials, techniques and systems
Growing environmental imperatives

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Which two bodies are recognised by the SACAP Council for the purposes of offering appropriate learning for Category 1 Continuing Professional Development activities?

Voluntary Associations
Accredited educational institutions

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What is the overriding obligation of a registered person under the rules of the SACAP Code of Professional Conduct?

A registered person is expected act with due skill (2), competency (2) and integrity (2).

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In terms of the rules of the SACAP Code of Professional Conduct, what determines the type of architectural practice that may be formed?

The registration category (2) of the most senior person (2) actively practicing in the practice

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Identify six terms of the appointment as an architectural professional that must be clearly set out in writing in terms of the rules of the SACAP Code of Professional Conduct.

The scope of the project or the works
The scope of the services to be provided
The allocation and limitation of responsibilities
The fee payable for the work or services, the method for 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 termination of the agreement
Details of the professional indemnity insurance
Provision for dispute resolution

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What are the differences between the terms ‘registered principals’ and ‘registered professional’ as found in the SACAP Code of Professional Conduct?

Registered principals: the shareholders in a practice who are registered in terms of the Act.

Registered professional: a person registered in one of the categories of professionals referred to in terms of the Act.

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Is it correct to state that an architectural practice must be registered with SACAP?

NO – SACAP must be informed of the details of the practice after its establishment

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In response to the client’s queries, provide an outline of the different obligations of architectural professional

Architectural professional:
 To furnish the building design
 To prepare local authority and construction documentation for a project
 To evaluate the work of the contractor during the construction work stage

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In response to the client’s queries, provide an outline of the different obligations of principal consultant on the project.

Principal consultant:
 To administrate the services of the other consultants
 To coordinate and lead the professional team

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In response to the client’s queries, provide an outline of the different obligations of principal agent on the project.

Principal agent:
 To administer the construction contract
 To certify the stages of completion
 To evaluate claims during the construction work stage

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Provide an outline of items you would bring to the client’s attention in order to differentiate the services you would provide in work stages 2 and 3. Identify the titles for each stage plus the proportion of the total fee to be allocated.

Work Stage 2: Concept and Viability (Design Concept) (1 mark)
15% of total fee (1 mark)
(2 marks for each of the following – total 6 marks)
 Prepare an initial design and advise on:
‒ the intended space provisions and planning relationships
‒ proposed materials and intended building services
‒ the technical and functional characteristics of the design
 Check for conformity of the concept with the rights to the use of the land
 Review the anticipated costs of the project
 Review the project program
Work Stage 3: Design Development (1 mark)
20% of total fee (1 mark)
(2 marks for each of the following – total 6 marks)
 Confirm the scope and complexity
 Review the design, and consult with local and statutory authorities
 Develop the design, construction system, materials and component
 Incorporate and coordinate all services and the work of consultants
 Review the design, costing and program with the consultants

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Name the 6 work stages Standard services are divided into with their % portion of the total fee.

Inception - 2%
Concept and viability (Concept design) - 15%
Design development -20%
Documentation & Procurement
4.1 -10%
4.2 -20%
Construction - 30%
Close-out -3%

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Name all the aspects of Stage 1 - Inception

a) Receive, appraise and report on the client’s requirements with regard to the
client’s brief;
b) Determine the site and rights and constraints;
c) Determine budgetary constraints;
d) Determine the need for consultants;
e) Determine indicative project timelines;
f) Determine methods of contracting; and
g) whether other statutory authority applications are required or desirable.

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Name all the aspects of Stage 2 - Concept & Viability

a) Prepare an initial design concept and advise on:
i the intended space provisions and planning relationships;
ii proposed materials and intended building services; and
iii the technical and functional characteristics of the design.
b) Check for conformity of the concept with the rights to the use of the land.
c) Consult with local and statutory authorities.
d) Review the anticipated costs of the project.
e) Review the project programme.

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Name all the aspects of Stage 3 - Design Development

a) Develop all aspects of the design from concept to full development including, but
not limited to, construction systems, materials, fittings, and finishes selections;
b) Review the programme and budget with the client, principal consultant or other
consultants;
c) Coordinate other consultants designs into building design;
d) Prepare design development drawings including drafting technical details and
material specifications;
e) Discuss and agree on the building plan application and approval requirements with
the local authority.

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Name all the aspects of Stage 4.1 & 4.2 - Documentation & Development

Stage 4.1
a) Prepare documentation required for local authority building plan application
submission;
b) Co-ordinate technical documentation with the consultants and complete primary
co-ordination sufficient to support building plan submission;
c) Review the costing and programme with the consultants;
d) Obtain the client’s authority, and submit documents for approval at the local
authority.
Stage 4.2
a) Prepare specifications for the works;
b) Complete technical documentation sufficient for tender;
c) Obtain offers for the execution of the works;
d) Evaluate offers, and recommend a successful tenderer for appointment;
e) Prepare the contract documentation and arrange the signing of the building
contract by the client and the successful tenderer;
f) Complete all remaining technical and construction documentation and coordinate
same with the consultants;

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Name all the aspects of Stage 5 - Construction

a) Administer the building contract;
b) Give possession of the site to the contractor;
c) Issue construction documentation;
d) Review sub-contractor designs, shop drawings and documentation for conformity
of design intent;
e) Inspect the works for conformity with the contract documentation and acceptable
quality in terms of industry standards;
f) Administer and perform the duties and obligations assigned to the principal agent
in the building contract;
g) Manage the completion process of the project;
h) Assist the client to obtain the required documentation necessary for the client to
obtain the occupation certificate.

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Name all the aspects of Stage 6 - Close-out

a) Facilitate the project close-out including the collation of the necessary
documentation to effect completion, handover and operational manual of the
project.
b) When the contractor’s obligations with respect to the building contract have been
fulfilled, the architectural professional shall issue the certificates related to the
contract completion.
c) Provide the client with construction record documentation and the relevant
technical and contractual undertakings by the contractor and sub-contractors.

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Identify six of the parameters on which the SACAP guideline fees and disbursements for architectural services are based.

 Scope of services
 Scope of the project / works
 Project program
 Cost of the work
 Cost of the project
 Appointment of other consultants
 Appointment of contractor

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What should occur if any of the above parameters materially change?

There must be an adjustment (2) to the guideline fee (1) and disbursements (1) due.

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Why does one indicate that fees would be due for each work stage, and what would be the alternative?

This a requirement of the SACAP Code of Professional Conduct (2). Alternatively one will only receive payment of fees once all the services for the entire project have been carried out (completed the mandate). (3)

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In a project with a limited timeframe, what option may be considered in the provision of architectural services and what would be the impact of selecting such option?

The option of ‘fast tracking’ (2) which would entail additional resources to complete the project within the allocated time and an increase of 30% of the architectural professional’s fee. (3)

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Identify four advantages of entering into a standard form of Professional Service Agreement with a client.

 Allows the architectural professional to be confident of the business arrangement with the client.
 Addresses the obligations and responsibilities of the client and the architectural professional.
 Sets clear limits to responsibility and liability.
 Allows for effective dispute resolution.
 It is a consensus document drafted and agreed by the constituent bodies.

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Describe five risks inherent in agreeing to provide architectural services on a project at risk.

Possibility for not being paid for the work carried out
 Possibility of not being appointed if and when the project proceeds
 Possibility of Professional Indemnity (PI) insurance refuting claims arising or increased insurance premiums
 SACAP fee scales do not allow for compensation for works carried out at risk
 Liabilities to the client that may arise from inadequate work or omissions
 Records and history indicate low success rate arising from work done at risk
 Possibility of allocating too much time and effort on risk work and diminished ability to attend to current clients or projects

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Indicate whether the following statements regarding the services of an architectural professional are correct or incorrect. Provide a motivation for each.

Professional Indemnity insurance must be provided by the architectural professional.

INCORRECT (1) – provided the architectural professional informs the client that no PI insurance is in place (2).

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Indicate whether the following statements regarding the services of an architectural professional are correct or incorrect. Provide a motivation for each.

The architectural professional will manage the contractor during construction.

INCORRECT (1) – the requirement of the architectural professional as principal agent is to administer the construction contract, not to manage the contractor (2).

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Indicate whether the following statements regarding the services of an architectural professional are correct or incorrect. Provide a motivation for each.

The service must be comparable to what another architectural professional would provide under the same circumstances during the same period of time.

CORRECT (1) – this is the means to determine reasonable professional skill, care and diligence (2).

Indicate whether the following statements regarding the services of an architectural professional are correct or incorrect. Provide a motivation for each.

The contractor is not permitted to contribute to the services provided during the design work stage.

INCORRECT (1) – there are contractual arrangements whereby the contractor acts as an integral part of the professional team (2).

Identify nine architectural services that qualify for additional professional fees.

Rational design and Green Star design
Town-planning
Sectional titles plans, submissions, alteration and registration
Master planning
Landscape design
Interior design
Promotional material
Plant operation and production layouts
Building Information Modelling (BIM)

Identify three forms of legislation to be considered when formalising an architectural practice as a business entity.

 Companies Act
 Labour Relations Act
 Basic Conditions of Employment Act
 Skills Development Act
 Unemployment Insurance Act
 Occupational Health and Safety Act
 Unemployment Insurance Fund Act
 Value Added Tax Act
 Income Tax Act
 Broad-Based Black Economic Empowerment Act

Identify three options to consider when considering to make use of the services of additional personnel resources.

 independent contractors / contract workers
 temporary employees
 permanent employees

Name the primary function of the Council for the Built Environment.

To ensure uniform application of norms and guidelines (2) set by the councils for the professions throughout the built environment (2)

What is the full name of the statutory body known by the abbreviation “CIDB” (or “cidb”)?

Construction Industry (1) Development Board (1)

Provide the full name, number and year of origin of the Act that established the South African Council for the Architectural Profession (SACAP).

The Architectural Profession (1) Act 44 of 2000 (1)

Which legislative body enacted the form of legislation identified in question 1.3 above?

Parliament

Aside from providing for connected matters, provide two (2) functions of the Act identified in question 1.3 above (3 marks each).

To provide for the registration of professionals, candidates and specified categories in the Architectural Profession
To provide for the regulation of the relationship between the SACAP and the Council for the Built Environment (CBE)

What are the two (2) ways of adhering to the requirements of the regulations set out in the South African National Standards (SANS) 10400?

Deemed to satisfy (3)
Rational design (3)

Provide the missing word to complete the following sentence: (3)
In the eyes of the South African Council for the Architectural Profession (SACAP), the only competence of an architectural professional is his/her ____________ competence.

Registered

Which two (2) words describe the manner in which a registered person is required to act in order to adhere to the most important obligation in terms of the SACAP Code of Professional Conduct?

A registered person is expected to act COMPETENTLY (2) and with INTEGRITY (2)

In terms of the rules of the SACAP Code of Professional Conduct, what three (3) factors determine the type of architectural practice that may be formed?

The registration category (2) of the most senior person (2) actively practicing (2) in the practice

In terms rule 4.1 of the Code of Professional Conduct, an architectural professional must clearly set out the terms of appointment with the client in writing. Aside from adhering to the Code, provide two (2) reasons why you would regard this as important?

 Establishes the business relationship with the client
 Establishes the services that would be provided and the fees that would be charged

Describe three (3) reasons for engaging in Continuing Professional Development (CPD) as a registered architectural professional

 Increasing complexity of construction
 Rapid developments in information technology
 Need for improved performance
 Ongoing development of materials, techniques and systems
 Continually changing legislative and practice frameworks
 Growing environmental imperatives

What type of offence would result if an unregistered person provides architectural services to a member of the public?

This is regarded as a CRIMINAL offence

Which one (1) of the following words best describe the relationship between an architectural professional and SACAP?

A. Membership
B. Election
C. Competitor
D. Mandatory – 2 marks

Which one (1) of the following words best describe the relationship between an architectural professional and a Voluntary Association (VA)?

A. Membership – 2 marks
B. Election
C. Competitor
D. Mandatory

Which one (1) part of an architectural professional’s relationship with SACAP lapses pending the submission of Continuing Professional Development (CPD) credits?

A. Membership
B. Election
C. Affiliation
D. Registration – 2 marks

A family friend has contacted you to enquire about providing architectural services for an addition and alteration project on their existing home. They are happy to pay you for your services and have indicated that they furthermore require the service of a project manager to oversee the project, and would be delighted if you would also fulfil this role.

Having met with your prospective client to discuss the project, you noted that the scope of the project may change, and client requires your input on what would be possible for the preliminary budget.

Based on the preliminary scope and budget, you are now in the process of compiling a letter of offer for your services, which may ultimately lead to the signing of a professional service agreement on the acceptance of your offer. In your letter, you are outlining the standard (“full”) scope of an architectural professional’s service. However, you have not included “project management” as part of your services.

As an architectural professional, why would you not include the project management services as requested by the client?

To provide this service, a person must be registered as a professional (3) with the South African Council for the Project and Construction Management Professions (SACPCMP

Instead of providing project management services, what is the name of the service you would provide during work stage five

Principal Agent

Describe three (3) of your obligations in providing this service during work stage five

 To administer the construction contract
 To certify the stages of completion
 To evaluate claims during the construction work stage

What reason would you give for not agreeing to these terms?

 Budgets or estimates typically prove to be conservative when measured against the final project cost
 The architectural professional has forfeited the right to recalculate fees – regardless of changes to the budget or changes to the scope

Having accepted your reason, the client has agreed to the adjustment of your fees as the project progresses and has accepted your offer to provide the standard (“full”) scope of architectural services on the project.

Provide the name of the standard form professional service agreement would you recommend be entered into with your client for the project.

 SAIA (1) Client-Architect Agreement (2)
 SAIAT (1) Client/Professional Agreement for Architectural Services (2)
 PROCSA (1) Client/Consultant Professional Services Agreement (2)
 SACAP (1) Client Professional Project Agreement (2)

You have proposed this to the client but (due to your family connection) the client does not feel it necessary to enter into a professional service agreement, and would prefer to continue with the project without such an agreement.

Identify three (3) common law principles that would apply should you not enter into a professional service agreement with the client?

 Payment for services only once the completed project is handed over
 There may be no changes to the agreed scope of the service nor to the extent of the project
 All disputes would have to be resolved in the courts through litigation

Over-and-above the common law principles that would apply, provide one (1) other reason why it would be important to enter into a professional service agreement with your client.

 Establishes the business arrangement between you and your client
 Sets out the standard scope of service
 Grants authority to the architectural professional
 Limits the liability of the architectural professional

You have been approached by an individual to provide a proposal for a new community centre in a rural setting. While this project may prove most valuable to the community, the following factors are currently unknown: the need and desirability of the project; the parameters of the project (the vision and feasibility); the appointment of consultants; and identifying appropriate land for the centre.

Provide the name of the work stage that would typically be required in order to address the unknown factors of this project.

Project (2) Initiation (2) (one mark for “stage zero”)

Aside from the client, what is the name of the consultant who would typically provide the services required during this work stage?

Project (2) Initiation (2) (one mark for “stage zero”)

Aside from the client, what is the name of the consultant who would typically provide the services required during this work stage?

The Development (2) Manager (2)

Identify one (1) aspect of the services in this work stage to which an architectural professional could provide valuable input (for additional fees). Provide a reason for your answer (2 marks for the service plus 4 marks for the reason).

The Development

Rational design and Green Star design
Town-planning
Sectional titles plans, submissions, alteration and registration
Master planning
Landscape design
Interior design
Promotional material
Plant operation and production layouts
Building Information Modelling (BIM)

Manager services

i. the preparation of broad project parameters;
ii. project scope statements;
iii. project milestones;
iv. budget and cash-flow forecasts;
v. tender enquiry documentation;
vi. contractor and supplier selection;
vii. adjudication and tender awards;
viii. progress status monitoring;
ix. variations management;
x. quality management over and above the industry norms;
xi. communication management;
xii. payment processing and
xiii. final account close-outs.

Having discussed the project further, you note there has no amount set aside for the services of an architectural professional. Despite this, you remain interested in providing architectural services on the project, but have chosen to evaluate the potential risks that exist.

Identify four (4) questions to ask as part of a risk assessment before commencing with your architectural services on this project

Any FOUR of the following or in a similar vein (3 marks each – total 12 marks):
 Has the client arranged for suitable finance?
 Are our fees to be negotiated?
 Are we in competition?
 Are the design requirements clearly defined?
 Do we have knowledge on the type of building?
 How much research will be required?
 Number of staff / additional staff / overtime required?

What would you ensure is in place in order to address your delictual liability on this project?

Ensure that a Professional Indemnity (2) Insurance policy (2) is in place.

Having successfully completed your Professional Practice Examination and registered with SACAP as professionals, you and two colleagues have decided to form a new architectural practice. To start off with this new venture, you and your colleagues have chosen a partnership as the most suitable type of business entity.

Describe two (2) possible advantages and two (2) possible disadvantages of the choice of a partnership for your new business entity

ADVANTAGES:
 Basically no legal formalities (no registration with CIPC) therefore relatively cheap and quick to establish
 Less strictly regulated than companies and more flexible in terms of management
 Partners share profits: an advantage when the partners have different skills and can work well together
 The partners only pay tax individually; the partnership/business does not pay tax as it is not a separate legal entity
 No statutory requirements to audit a partnership

DISADVANTAGES:
 All business ventures involving more than one person run the risk of disputes arising, but partnerships have no statutory measures for governance like companies
 All business ventures involving more than one person run the risk of disputes arising, but partnerships have no statutory measures for governance like companies
 The partners are subject to unlimited liability: each partner shares the liability and financial risks of the business.
 All profit is attributed to the partners and will therefore be subject to the tax rate of the individual partner, which can lead to that partner paying higher taxes
 The life-span is only for as long as the partners remain in the business

What is the term used to describe you and the other partners within your new architectural practice?

Principals (not “principles”) / Directors / Partners

After having established your business as a partnership, to which form of business entity could you progress to as your practice develops? Provide the name plus the suffix attached to this type of business entity (1 mark for the name; 1 mark for the suffix). (2)

 A Proprietary Limited (1) (Pty) Ltd (1)
 Incorporated Company (1) (Inc.) (1)

Which type of employee would your practice consider when appointing someone on a short-term, per-project basis?

An independent (1) contractor (1)

Provide the definition of the phrase “deemed to satisfy” as used in the context of the National Building Regulations and Building Standards Act.

Deemed-to-Satisfy means a non-mandatory provision which describes a method of design or construction that is deemed to comply with a particular functional regulation or aesthetic requirement.

Provide the definition of the word “accredit” as a function of the South African Council for the Architectural Profession (SACAP).

‘‘accredit’’ means the process of evaluation and recognition by the council of
educational programmes offered by educational institutions relating to the architectural
profession, and ‘‘accreditation’’ has a corresponding meaning;

Provide the definition of “principal consultant” when used in the context of architectural services.

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

Provide the definition of a “building line”.

line prescribed in any town planning scheme or any other law designating the boundaries of the
area of the site outside of which the erection above ground of any building is prohibited

Provide the definition of the word “reasonable” as it is used in the following sentence:
The architectural professional accepts the appointment to exercise reasonable professional skill, care and diligence in the performance of obligations, for a fee as defined in a written agreement.

The appointment is made acc. to Architectural Professionals Act suite the right

Project complexity
Type of Archtectural Registration category
Roles in the project

The primary mandate of the South African Council for the Architectural Profession (SACAP) is to protect which of the following groups?

A - The architectural profession
B - The construction industry
C - The local municipalities
D - The public
E - The education system

A - The architectural profession

The SACAP Identification of Work for the Architectural Profession was specifically drafted for which of the following professionals?

A - Draftspersons
B - Architectural Technologists
C - Senior Architectural Technologists
D - Architects
E - All of the above

E - All of the above

Which of the follow professional service agreements was compiled to specifically include work stage ZERO (0)?

A - SACAP Client-Professional Project Agreement for Architectural Services
B - SAIA Client-Architect Agreement
C - PROCSA Client/Consultant Professional Services Agreement
D - JBCC Principal Building Agreement
E - JBCC Minor Works Agreement

A - SACAP Client-Professional Project Agreement for Architectural Services

A client has prepared an agreement to use with an architectural professional. To minimise the risk, which of the following should the architectural professional ensure is included in the agreement?

A -A penalty amount for delays in the provision of architectural services
B - Client’s obligation to provide copies of documentation containing site information
C - Architectural professional’s warranty of the performance of the building
D - Architectural professional’s warranty of local authority approval
E - Client’s authority to the architectural professional to act as the client’s agent when carrying out architectural services

C - Architectural professional’s warranty of the performance of the building
D - Architectural professional’s warranty of local authority approval

The South African Council for the Architectural Profession develops and promotes architectural education.

A - TRUE
B - FALSE

A - TRUE

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Paper 1 Test Flashcards

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