Construction Regulations Exemptions – What is the impact?

On 24 July 2015, the exemptions to Regulation 3 of the Construction Regulations were published.

The specific Construction Regulations exemptions can be found in Government Gazette 39025 on page 49, as follows:

Exemptions to the Construction Regulations

  1. A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work starts after the 7th of August 2015 and the works contract Is of a value exceeding one hundred and thirty million rand or Construction Industry Development Board (CIDB) grading level 9.
  2. A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work starts on or after the 7th of February 2017 and the works contract is of a value exceeding forty million rand or Construction Industry Development Board (CIDB) grading level 8.
  3. A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work starts on or after the 7th of August 2018 and exceeds 365 days; will involve more than 3800 person days of construction work; or the works contract in of a value exceeding thirteen million rand or Construction Industry Development Board (CIDB) grading level 7.

Construction Regulations changes

The original publication of the Construction Regulations 2014 stated that Regulation 3 (application for a permit for any project exceeding 180 days, 1800 person days, is of a value of thirteen million rand or more or above CIDB grading level 6) would only come into effect on 7 August 2015 – 18 months after the publication of the Regulations.

Regulation 3(1) has been changed as per the following:

  • The time period for applying for a permit has changed – one no longer needs to apply for the permit for construction that starts after 7 August 2015 where the project fits the requirements set out in Regulation 3 (1). The dates have now been set at 7 August 2015, 7 February 2017, and 7 August 2018, depending on the monetary value of the contract or CIDB grading.
  • The minimum CIDB grading for permit applications has been increased from 6 (as seen in Regulation 3(1)(c)) to 7.
  • The minimum day requirement for permit applications has been increased from 180 days (Regulation 3(1)(a)) to 365 days.
  • The minimum person day requirement for permit applications has been increased from 1800 person days (Regulation 3(1)(b)) to 3800 person days.

shavanya subramoneyImpact and Effect

These are material changes that affect the duties of a client.

Although the exemptions do give clients a bit of breathing room, larger construction projects will be put under the microscope.

Because the number of applications for permits will be reduced, the applications that do come through now (projects exceeding R 130 million) will be highly scrutinised.

The pressure will be on clients to make sure that all their documentation is 110% correct and sufficient.

Conclusion

Essentially, this exemption temporarily amends Regulation 3(1). Unfortunately, it is not clear when Regulation 3(1) will be back in effect, because exemption 3 above covers any time after 7 August 2018.

Clarity will have to be obtained from the Department of Labour if and when we will revert to Regulation 3(1).

Related Posts Plugin for WordPress, Blogger...
The following two tabs change content below.
Sheqafrica.com is Africa's largest independent SHEQ Magazine, hosting over 2 000 articles and news items since 2007. Sheqafrica.com is owned by the Cygma Group, a global provider of risk management and compliance solutions. Sheqafrica.com is registered as a digital publication with the ISSN.
Share

11 thoughts on “Construction Regulations Exemptions – What is the impact?

    1. Hi Neels

      Yes, as long as you are doing the work specified in Regulation 4.

  1. According to the standards scope of services with regards to CHS the Pr Tech Engineer must appoint OHS Practitioner to mentor Principal Contractor (CHSO) OR Not?or this must be implemented to all Projects to ensure that safety is executed to all Projects at all times.Your response highly anticipated. towards this comment.

    1. Hi Sam

      I think that you might be confused. The law requires that the Construction Manager of a Principal Contractor is registered with SACPCMP. The CHSO is the Construction Health and Safety Officer – a separate appointment. Any contractor can appoint a safety officer if he deems it necessary. There is nothing in the law requiring the appointment of a mentor for the Principal Contractor.

      1. Hi Shavanya, I beg to differ with you on the registration of the CM. If you read the PCMP Act, there is no strict liability created to register in order to work as construction manager, nor are there any penalty clauses for this. It only becomes unlawful if you claim to be professionally registered with the SACPCMP and is not. There is a slight difference here.
        The CR’s makes no mention of it. Nor does it intend to create such a requirement even though the CM is responsible for the inclusive duty to ensure H&S compliance. Even the Principal contractor(PC) does not have to appoint a CHSM. There is no such requirement; it does not exist. There is only a prohibition on the appointment of a CHSO if that person is not registered. A PC can just as well appoint a CHSO as they are “contractors” too. As the appointment is not a strict duty, it is open to negotiation between client and contractor, or the opinion of an inspector.
        There is a huge gap between how we “want:” It to work, and how the law actually imposes the duty.

      2. Section 18 ” The categories in which a person MAY register in the project and construction management professions are—…” Also read Section 23 and 42 Section 23(3) carries no penalty. Section 42(1) requires a ministerial proclamation which has to date not yet been issued. Furthermore the CM’s and CPM’s has been exempted from meeting the requirements for registration until December 2018 according to a board notice issued in November 2014.
        It all still in process at this point in time.

      3. Adding to this, The GCC 2010 in Clause 3.1.4 states that the Client may appoint an agent for H&S, if not the engineer, who shall report to the engineer. In most cases the CM’s, CPM’s and Site Agents I have encountered are ECSA registered.

  2. If Construction falls within the scope of Regulation 4 must the Construction Manager of the Principle Contractor still be registered with SACPCMP ?

    Thanks

    1. Neels, it all depends on how you look at it. There is no requirement in the Construction regulations that the Construction Manager appointed in terms of CR 8(1) needs to be registered with the SACPCMP. There are only two references regarding registration. The one is regulation 5, where the client’s appointed agent must be registered, and the other is the prohibition on employment of unregistered persons as construction health and safety officer in regulation 8(6).
      The flip side of the coin is the PCMP Act which makes it an offence for a person to carry the title and designation of Pr.CM or Professional Construction Manager, unless he/she is registered with the SACPCMP. Their is however no law preventing/prohibiting a person from working as a construction manager or in common terms, a site agent.
      Different people may have different requirements as to the criteria they accept for an appointment. But from a purely legal point of view, only the agent and officer needs to be registered in order to be appointed under the OHSAct.

      1. Agree with you Rudy. It perhaps a double standard, the very person who is responsible for HS on site, CR8(1), does not have to be registered, but the person who is advising / representing the client does.

        I would have thought that both would have to be registered, especially the Project manger and the construction manager

        Shane

  3. The need to expedite the registration process of CHS Agents testing / interviews and assessments is needed.
    Manay persons have registered, sent in their documents and are still waiting for SACPCMP. Many consultants who have applied for this level have clients who wish to use them, but do not have a PR Number.
    The question is the following, having the Confirmation of application for registration letter is non specific, clients are accepting this letter whilst others are not. In practical terms, this letter only potentially allows one to work at H&S officer level, no matter what ones qualifications/experience are.
    This letter really has not helped the industry, as it may allow one level to practice but not a higher one.

    Should a Client accept the letter if he /she produces this letter, can prove qualifications and experience, or does the project come to a standstill because there are insufficient numbers of agents with a PR. number

    Regards

Comments are closed.

close
Facebook IconLinkedInLinkedInLinkedIn
error: Contact the Cygma Group for Copyright licence.