Recourse Available to Owner

Where an appointed registered competent person does not conduct themselves in terms of the applicable professional code of conduct, ie: failing to carry out their profession with due skill, competency and integrity, fails to advise the owner against building without the necessary approval, fails to achieve the level of compliance necessary, makes a declaration that is false, etc., the owner generally has the following recourse available:

(a) Report the matter to the relevant registration body (SACAP – Architectural professional, ECSA – Engineering professional), or

(b) Exercise the rights contained in the Consumer Protection Act, No. 68 of 2008; or

(c) Institute legal action where solutions are not available by (a) and (b) above.

The local authority is not the forum to resolve disputes between owners and appointed professionals.

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