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SACAP : Housing Estates/ Body Corporates and Home Owners Association – Appointment of Professionals

15 November 2016   (0 Comments)
Posted by: Jacquie Cullis
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Dear Professional,

It has come to SACAP’s attention that some private Housing Estates/ Body Corporates/ Home Owners Associations have a preference on the category of registered professionals who may design or submit building plans for their estates. The implication to homeowners is that they are restricted on which professionals they may appoint. This also limits opportunities for professionals in other categories of registration, who may be competent and qualified to undertake the work in the Housing Estate. Whilst SACAP recognises the preference that some estates might have, the blanket preference by some Body Corporates/ Home Owners Associations for Professional Architects, could amount to exclusionary conduct and fall short of the Competition Commission’s laws.

Although SACAP does not have the authority to prevent estates against implementation of this blanket prohibition of registered professionals in lower categories of registration, SACAP is mandated to protect the interests of its registered professionals from any conduct which unjustifiably hinders their ability to fairly compete within the Built Environment. To this end, SACAP is looking into laying a complaint with the Competition Commission on what it believes, could be exclusionary conduct on the part of various Body Corporates and Home Owners Associations.

SACAP invites registered professionals who have been prevented from preparing plans for their clients by any Body Corporate or Home Owners Association, due to their category of registration, to inform SACAP thereof, by providing the name of the Home Owners Associations or the Body Corporate. Once SACAP has received sufficient information from registered professionals, SACAP will proceed to engage with the Associations and Body Corporates on the basis of their preference, the outcome of which, will ideally result in them lifting their preference and permitting other registered professionals to design plans for their clients who reside in the estates. Should the results of the engagements be unsatisfactory, SACAP will collate all the information received and lodge a formal complaint with the Competition Commission for investigation.

We look forward to receiving your submissions. 

Closing date for submission : Friday, 29 January 2017

Submission contact details
For attention : The Registrar
Postal address :  South African Council for the Architectural Profession (SACAP), P.O.Box 408, Bruma, 2026
Physical address : 51 Wessel Road, Right Wing, Rivonia, Sandton, 2128, South Africa.
Email : legal@sacapsa.com