Question 1-7

Question 1

1.1
Provide the definition of the phrase “deemed to satisfy” as used in the context of the National Building Regulations and Building Standards Act.
(3)

Deen the wo man

Answer 1

A non-mandatory requirement / provision (1 mark), the compliance with which ensures compliance (1 mark) with a functional regulation (1 mark).
National Building Regulations and Building Standards Act

Question 2

1.2
Provide the definition of the word “accredit” as a function of the South African Council for the Architectural Profession (SACAP).
(4)

Answer 2

The process of evaluation and recognition (2 marks) of educational programmes offered by educational institutions relating to the architectural profession (2 marks).
NOTE: SACAP also “accredits” Voluntary Associations – marks to be allocated accordingly
Act 44 of 2000

Question 3

1.3
Provide the definition of “principal consultant” when used in the context of architectural services.
(4)

Answer 3

The person appointed and authorised by the client (2 marks) to lead the consultants in all matters including design and technical co-ordination (2 marks).
SAIA Study Aid 4.4.5

Question 4

1.4
Provide the definition of a “building line”.
(3)

Answer 4

The fixed distance (1 mark) from the property boundary (1 mark) from which no building structures may be constructed (1 mark).

Question 5

1.5
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.
(6)

Answer 5

It implies that the level of skill, care and diligence must be the same as from another reasonably competent professional (2 marks) under the same circumstances (2 marks) during the same period of time (2 marks).

Question 6

2.1
The primary mandate of the South African Council for the Architectural Profession (SACAP) is to protect which of the following groups?
Select ONE (1) from the following list (2 marks)
A
The architectural profession
B
The construction industry
C
The local municipalities
D
The public
E
The education system

Answer 6

answer: D

Question 7

2.2
The SACAP Identification of Work for the Architectural Profession was specifically drafted for which of the following professionals?
Select ONE (1) from the following list (2 marks)
A
Draftspersons
B
Architectural Technologists
C
Senior Architectural Technologists
D
Architects
E
All of the above

Answer 7

answer: E

Question 8

2.2
The SACAP Identification of Work for the Architectural Profession was specifically drafted for which of the following professionals?
Select ONE (1) from the following list (2 marks)
A
Draftspersons
B
Architectural Technologists
C
Senior Architectural Technologists
D
Architects
E
All of the above

Answer 8

answer: E

Question 9

2.3
Which of the follow professional service agreements was compiled to specifically include work stage ZERO (0)?
Select ONE (1) from the following list (2 marks)
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

Answer 9

answer: C

Question 10

2.4
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?
Select TWO (2) from the following list (1 mark each)
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

Answer 10

answer: B + E
SAIA Study Aid 13.2 | SAIA / PROCSA Professional Service Agreements

Question 11

2.5
The South African Council for the Architectural Profession develops and promotes architectural education.
Select ONE (1) from the following list (2 marks)
A
TRUE
B
FALSE

Answer 11

answer: B

Question 12

Without further inspections of the property, Mr Crooks presented his fee proposal and Mr and Mrs Singh agreed for him to proceed with the project. The Singhs paid Mr Crooks’ invoices up to and including work stage 3, despite the fact that there was no written agreement in place. After completion of work stage 4.1 and the approval by the local authorities, Mr Crooks identified three contractors to tender for the project.

The lowest tender amount was R 2,750,000.00 (excluding VAT) – much more than the initial estimate. The Singh’s were understandably concerned and Mr Crooks informed them that his estimate was not precise as it was based on the initial design sketch. After this, Mr Crooks presented a new invoice for the work carried out until completion of work stage 3 based on the lowest tender amount.

Mr and Mrs Singh did not pay the last invoice received from Mr Crooks and decided to sell the property. Due to the fact that the submission for the additions and alterations were approved by the local authority, they were able to make a profit on the sale. The Singhs have now received a letter from Mr Crooks who informs them that he has referred the matter of his unpaid last invoice to his attorneys.

Mr and Mrs Singh now regard the actions of Mr Crooks as improper conduct by a registered architectural professional.

3.2
Identify and describe THREE (3) ways in which you would have provided your services as an architectural professional in order to avoid the current situation in this scenario (4 marks each – 12 marks total).

1.
answer ONE
(4)

2.
answer TWO
(4)

3.
answer THREE
(4)

Answer 12

1.
By entering into a Professional Service Agreement (1), thereby establishing a business relationship and ensuring that both parties understood and accepted to be contractually bound to carry out their obligations (3).
(4)

2.
By outlining the method and implications of cost estimation in writing (1) thereby making the Singhs aware that this will need to be reviewed in terms of the project cost (3).
(4)

3.
By advising the Singhs that I am not a cost consultant (1) and advising them to appoint a professional (quantity surveyor) to compile a thorough cost analysis (3).
(4)

+
By explaining to the client the method to calculate fees (1) and demonstrating that project cost-based fees would be adjusted as the project progresses and on the final project cost (3).
(4)

+
By addressing the matter of (alternative) dispute resolution (1) and not attempting to recover the fees up until work stage three through an attorney in a form of litigation (3).
(4)

SACAP Code of Professional Conduct
SAIA Study Aid 2.3

Question 13

3.3
What action could Mr and Mrs Singh consider taking against Mr Crooks as a result of this situation?
(3)

Answer 13

Lodge a complaint of improper conduct with SACAP
SACAP Code of Professional Conduct
SAIA Study Aid 2.3 + 13.2

Question 14

The new owners of the property would like to complete the additions and alterations project based on the approval by the local authorities.

3.4
1.
Identify whether this either would or would not be possible.
(2)

Answer 14

This would NOT be possible

Question 15

2.
Provide a reason for your answer.
(4)

Answer 15

The new owners of the property must submit an application for building plan approval with the local authorities in their own name, thereby assuming the responsibilities for the correct construction of the project.

Question 16

QUESTION 4 – Case Study + Scope of Services + Copyright 24 marks

You have been working as a candidate architectural professional for a small practice in Kimberley and recently successfully completed your SACAP Professional Practice Exam. Your employer, Mr Holmes, has sent you the following email:

“Dear Ms. Watson,
As you know, Ngwale Developments have recently declared bankruptcy. Take-Over Properties (one of our previous clients) bought one of their former sites just outside of Upington. There is local authority approval in place for a residential development of 120 new units based on a tight layout with six different unit types that were developed with plans, sections and elevations.

I was told that Ngwale Developments did not pay the professional team for the project, as they believed that the architect’s fees were exorbitant. Apparently, their fees was for the standard (full) scope of architectural services and were in accordance with the latest SACAP Fee Guidelines. Mr Bright from Take-Over Properties also does not wish to be involved with the members of that professional team either.
We have done some good work with Take-Over in the past, and Mr. Bright has asked our practice to proceed with work stage 4.2 and complete the project as soon as possible. I am in the process of writing a letter to send to him. As you have recently passed your SACAP Professional Practice Exam, please refresh my memory by answering the following (see questions 4.1 to 4.5 below):
Yours sincerely,
Sherlock”

4.1
“How would the previous architect have calculated their fees for this project?”
(6)

Answer 16

Architectural fees would amount to the sum total of the following:
The full fee for each of the six unit types – referred to as “prototypes” (2 marks)
A 35% reduction of the fee for works stages 1 to 4 for each repeated prototype (2 marks)
The full fee for each unit for work stages 5 and 6 (2 marks)
SACAP Guideline for Professional Fees
SAIA Study Aid 14.2

Question 17

4.2
“If we agree to provide the standard scope of architectural services, describe our obligations during the following work stages:”
1.
Work stage 4.2 (1 mark per obligation – 5 marks total)
(5)

Answer 17

1 mark per obligation described
Extract from SAIA Study Aid 12.3 + 12.5:
outline plan of work:
Preparation of the construction and procurement documentation
The strategies and procedures required for the effective and timeous procurement of all the resources necessary for the execution of the project
Confirm and implement the schedule of activities necessary to manage the procurement process, tender adjudication and award process of all contractors and suppliers involved on the project
essential functions:
complete construction documentation and proceed to procurement
obtain the client’s authority to prepare documents to procure offers for the execution of the works
obtain offers for the execution of the works
evaluate offers and recommend on the award of the building contract
prepare the contract documentation (and arrange the signing of the building contract)

Question 18

2.
Work stage 5 (1 mark per obligation – 5 marks total)
(5)

Answer 18

1 mark per obligation described
Extract from SAIA Study Aid 12.3 + 12.5:
outline plan of work:
Administer and monitor the building contract(s)
Prepare and coordinate the procedures and documents required for practical and final completion
essential functions:
administer the building contract
give possession of the site to the contractor
issue construction documentation
initiate and/or check sub-contract design and documentation as appropriate
inspect the works for conformity to the contract documentation
administer and perform the duties and obligations assigned to the principal agent in the JBCC building agreements, or fulfil the obligations provided for in other forms of contract
issue the certificate of practical completion
assist the client to obtain the occupation certificate

Question 19

4.3
“If we decide to carry on with the project, what must be done about the issue of copyright?”
(4)

Answer 19

Obtain the expressed written permission of the original architectural practice to make use of their original artistic work. Without this, the new architectural practice would be in breach of copyright – and subject to potential legal action!
Copyright Act
SAIA Study Aid 5.2

Question 20

4.3
“If we decide to carry on with the project, what must be done about the issue of copyright?”
(4)

Answer 20

Obtain the expressed written permission of the original architectural practice to make use of their original artistic work. Without this, the new architectural practice would be in breach of copyright – and subject to potential legal action!
Copyright Act
SAIA Study Aid 5.2

Question 21

4.4
“Take-over Properties have their own contract that is used for all professional consultants. What is the most important aspect of the contract must I ensure is included in order to protect our practice in the long term?”
(4)

Answer 21

A limit to the liability of the practice for a specified maximum period of time (usually 5 years after the date of practical completion).
SAIA Study Aid 10.1 + 13.1 + 13.2 + 13.3
PROCSA + SAIA C-AA

Question 22

QUESTION 5 – Investigation: Inter-professional relationships 26 marks

Thelma has recently established her own architectural practice based in Midrand, Gauteng. A week ago, Thelma met up with Louise, and old school friend who has recently qualified as a quantity surveyor and has decided to settle in Pretoria.

Louise knows of a project that entails the construction of an eight-storey apartment building on an empty site in Gqeberha in the Eastern Cape. The client (a Gauteng-based developer known as Roller-Coaster 3000) would like to explore the idea of making use of a multi-disciplinary consortium of built environment professionals. Mr Fine from Roller-Coaster would like to have a meeting to discuss some of the some of the options of how to proceed with this project.

5.1
Aside from Thelma (as architectural professional and principal consultant) and Louise (as quantity surveyor and principal agent), identify FOUR (4) other types of built environment professionals that would be essential for the multi-disciplinary consortium on this project (1 mark each – 4 marks total).
(4)

Answer 22

Any of the following Built Environment Professionals (1 mark each – 4 marks total):
Mechanical and/or Electrical Engineer
Structural and/or Civil Engineer
Quantity Surveyor
Occupational Health and Safety Consultant
Project Manager
Town Planner
Landscape Architect
Interior Designer
SAIA Study Aid 15.1

Question 23

5.2
Describe what Thelma and Louise should consider as part of each of the following aspects of a multi-disciplinary consortium:
1.
Invoicing and Payment
2.
Disbursements
3.
Interim Fees
4.
Professional Indemnity insurance

Answer 23

1.
Invoicing and Payment

Clients may have a requirement to identify a single vendor (usually part of the professional team) who becomes responsible for collecting claims for payment from all the consultants and consolidating these for presentation. Payment is due by the client on presentation of the agreed draw-down invoicing and statements of accounts. It is advisable that disbursements should be presented for payment separately.
SAIA Study Aid 13.4.2

2.
Disbursements

For disbursements, the multi-disciplinary consortium must present an agreement similar to that for the professional fee to the client. Changes to disbursements will be addressed as per changes of the professional fee. Disbursements are deemed to be such costs as are necessarily incurred in the performance of the professional service, and it may not be possible for these to be fully identified at the inception of the project.
SAIA Study Aid 13.4.2

3.
Interim Fees

In multi-disciplinary consortiums, it is necessary to reach an agreement regarding the calculation, presentation and payment of interim professional fees. Individual disciplines have different service and applicable work and therefore need to agree on the proportion of interim professional fees due. The calculation of an appropriate draw-down schedule is potentially complex, unless the disciplines are prepared to accept their pro-rata proportion of a draw-down schedule. This may not be constant at a single value, but adjusted to suit the stages of the applicable work necessitated and required during the typical stages, as set out in accepted consensus professional service agreements (such as PROCSA).
SAIA Study Aid 13.4.2

4.
Professional Indemnity insurance

The professional liability of each discipline needs to be ‘ring-fenced’ so that no other practice is collectively liable with the defaulting entity. Where an agreement is difficult to achieve, it is advisable that independent legal advice is obtained, to provide assurance as to the overall liability. This may otherwise be regarded as liability that is jointly and severally applied to all entities.
SAIA Study Aid 13.4.2

Question 24

Thelma, Louise and Roller-Coaster 3000 are all based in Gauteng while the project is located in the Eastern Cape. Mr Fine from Roller-Coaster 3000 is comfortable to go ahead with the project without the services of a project manager.

5.3
1.
Which alternative person could Thelma and Louise nominate to interact with the contractor in Gqeberha during the construction stage?
(2)

Answer 24

A Clerk of Works
SAIA Study Aid 15.3.2

Question 25

Thelma, Louise and Roller-Coaster 3000 are all based in Gauteng while the project is located in the Eastern Cape. Mr Fine from Roller-Coaster 3000 is comfortable to go ahead with the project without the services of a project manager.

5.2.
Who would be responsible to appoint and pay for the services of this person?
(2)

Answer 25

The Client / Roller-Coaster 3000
SAIA Study Aid 15.3.2

Question 26

Thelma, Louise and Roller-Coaster 3000 are all based in Gauteng while the project is located in the Eastern Cape. Mr Fine from Roller-Coaster 3000 is comfortable to go ahead with the project without the services of a project manager.

5.3.
Identify TWO (2) of the services that this person would provide (3 marks each – 6 marks total).

Answer 26

The following TWO services (3 marks each – 6 marks total)
To watch over and superintend the progress of building works.
To see that the provisions of a contract, as regards materials and labour, are properly carried out.

Question 27

6.1
Identify THREE (3) ways in which an architectural professional can ensure that the need for changes on a project may be minimised (2 marks each – 6 marks total).

Answer 27

Any of the following (2 marks each – 6 marks total):
undertake thorough site investigations and surveys
ensure that the project brief is comprehensive and is supported by stakeholders
ensure that legislative requirements are properly integrated into the project
ensure that risks are properly identified
ensure that designs are properly co-ordinated before tender
SAIA Study Aid 20.2.1

Question 28

6.2
Discuss the meaning of the phrase “Duty of Care” in relation to architectural services.
(4)

Answer 28

An obligation to adhere to the standards of reasonable care while carrying out professional services. The primary Duty of Care of an architectural professional is to the communities they serve which prevails over their own personal interests and the interests of their client.
SAIA Study Aid 6.1

Question 29

QUESTION 7 – Review of architectural drawing(s) 25 marks

7.1
Refer to Drawing 7.1: Extract from SITE Plan below

1.
What is the name of the document that would indicate the building lines on the property?

Answer 29

Zoning Certificate

Question 30

2.
What will be required in order for the new structure to be constructed over the building line?

Answer 30

A building line relaxation