Step-by-step guide on how to set up an architectural practice which complies with the Code of Conduct.
1. Introduction
South Africa's architectural profession is governed by the
Architectural Profession Act 44 of 2000 (APA). All newly qualified Registered
Professionals seeking to establish an architectural practice must consult the
APA and the Code of Conduct to ensure that all statutory requirements are complied
with, and all the prescribed steps have been taken.
2. Practical preparation steps for setting up an architectural practice
a) Be
registered as a Professional (Note: a person registered as a candidate is not
allowed to establish a practice);
b) Decide
whether you want to practice architecture as a sole proprietor or as a
registered company;
c) If
you decide to register a company, you must register the company with the
Companies and Intellectual Property Commission (CIPC) (https://www.bizportal.gov.za/company_reg.aspx https://www.cipc.co.za/);
d) Have a physical address for operations of the practice in terms of Rule 5.11 (d) of the Code of Conduct;
e) Have
an e-mail account for communication with stakeholders and clients;
f)
Design a letterhead for your new practice in
line with Rule 5.11 of the Code of Conduct;
g) Open
a business bank account for practice (Note: Commercial banks such as FNB and
CIPC offer company registration with a bank account)
3. Statutory requirements for setting up an architectural practice
a) Register
the architectural practice in terms of Rule 5.1 of the Code of Conduct within
30 (thirty) days of the establishment;
b) Ensure
that registered architectural professionals hold majority shares of the
practice;
c) Be
in possession of a Professional Indemnity Insurance;
d) Submit
the proposed name of the practice to SACAP;
e) Ensure
that the proposed name of the architectural practice is not misleading or
capable of being confused with that of another practice;
f)
Indicate the practice type (The practice type is
determined by the registration category of a registered principal actively
engaged in the practice);
g) If
the practice is multi-disciplinary, the architecture department must be under
the direction and control of a registered professional;
h) Ensure
that the architectural practice is under the continuous, direct, and personal
supervision of a Registered Professional;
i)
Ensure that the practice does not use the Council’s
logo on any corporate stationery or letterheads as prescribed by Rule 5.11 (f)
of the Code of Conduct;
j)
Use the SACAP registration number in all
architectural reports and other documentation;
k) Display
the registration certificate in a prominent place.
4. Application process to register the practice with SACAP
a) The
application for registration of the practice can be done through the SACAP
online registration process;
b) Through
your membership login details, click on the application for registration of
practices;
c) Ensure
that the corporate details, your membership details and the contact information
of the practice are correctly captured;
d) Submit
the registration application online for review;
e) The
practice will be registered within one working day.