SACAP : Professional Responsibilities and SANS 10400-A 2016 FORM 4
16 November 2016
Posted by: Jacquie Cullis
STATEMENT FROM MARELLA O’REILLY, SACAP’S REGISTRAR/CEO
RE. PREVIOUS NOTE ON PROFESSIONAL RESPONSIBILITIES AND
SANS 10400 A : 2016 FORM 4
On 13 October 2016 SACAP communicated with all registered professionals via an email notice to clarify their professional responsibilities when filling in and signing SANS 10400-A: 2016 Form 4.
We retracted that communique when we received notes from our Voluntary Associations and Registered Persons that made it clear we needed to include more detail that helps to discern between responsibilities relating to the Building Stages and to the signing of SANS 10400-A: 2016 Form 4.
Thank you to all who took the time to make us aware of an ambiguity in our wording. We have revised the note and now reissue it as follows and trust that it brings more clarity to all concerned:
Registered Professionals (RPs) are increasingly appointed to prepare plans and not to participate in the Construction and Close out stages of work on a building which include the contract management requirement in the professional-client agreement.
However, notwithstanding that an RP was not involved in the management of the construction of the building during these stages, he/she is required to complete SANS 10400-A: 2010 Form 4 at the completion of the building and certify that a building complies with, amongst other things energy efficiency regulations.
We bring to your attention that in doing so, the architectural professional certifies that he/she was responsible for the energy efficiency compliance of the building and that the building has been constructed in accordance with approved plans and that it satisfies energy efficiency regulations.
If an architectural professional provides this certification, he or she should inspect the energy efficiency aspects of the building to satisfy himself or herself that the building has been constructed in accordance with approved plans and that it satisfies the energy efficiency regulations.
By signing SANS 10400-A: 2016 Form 4, on the energy efficiency section, an architectural professional does not assume general responsibility of the contract management of the building construction. However, a SACAP Registered Professional is exposed to a risk should he or she certify that a building complies with energy efficiency regulations and it is later discovered that in fact it does not.
We therefore caution registered professionals to ensure that if they certify that a building complies with energy efficiency regulations, that such certification follows their inspection of the energy efficiency aspects of the building.
We also clarify that the architectural professional can indeed enter into an agreement to render services up to stage 4.1 without the management of the building contract. Such a registered professional has however to make provision in his/her scope of services and in his/her fee proposal for the fact that in terms of the National Building Regulations he/she will be required to do the mentioned inspections to enable him/her to certify work.
Furthermore we advise that as the onus is on the property owner to notify the architectural professional when work is started, the professional may therefore refuse to sign any documentation later as required by the National Building Regulations if he/she was not informed and therefore did not do any inspections as required. Professionals may also require the opening up of work for inspection at the owners’ expense.
The South African Council for the Architectural Profession (SACAP) is legally charged with regulating the architectural profession. Its mandates are provided for in the Architectural Profession Act 2000, (Act No. 44 of 2000) which came into operation in 2001. It upholds the standard of education and training through accrediting Architectural Learning Sites situated within tertiary institutions. It registers suitably qualified candidates and professionals and promotes Continuing Professional Development through collaborative engagement with Voluntary Associations. It protects public interest by identifying the type of architectural work each category of registered person is capable and competent to perform and administrates a Code of Conduct.
Please visit the SACAP website for more information:www.sacapsa.com