Responsibility Of Appointed Competent Person

The level of advise, guidance and professional service provided is governed by the Code of Practice laid down by the relevant registration body.

The appointed registered competent persons should be able to advise on:

– the legal processes involved to obtain approval to build from the local authority;

– the legal implication for the owner should building without the required approval be undertaken ( Planning or Building Inspectorate authorization does not constitute an approval by the local authority in terms of sec. 7 of Act 103 of 1977);

– additional requirements that may impact or affect the design of a proposal or may require additional authorization prior to submission of an application to the local authority for consideration, such as:

  • Environmental Management Act;
  • National & Provincial Heritage Resource Acts;
  • Housing Act;
  • Occupation Health & Safety Act & related Regulations;
  • Water Act;
  • Department of Transport re: National & Provincial roads;
  • Metro Electricity re: electrical power-lines & associated restrictions;
    including –
  • Local Authority Town Planning Scheme;
  • Local Authority Bylaws;
  • Title Deed restrictions;

and most importantly the National Building Regulations and Building Standards Act (Act 103 of 1977).

The appointed competent person is further responsible for designing any building such that it achieves the level of compliance that will satisfy the local authority as required by sect. 7 of Act 103 of 1977.

How such compliance has been achieved is made through a signed declaration on the prescribed Form 1 contained in SANS 10400-A ie: by rational design or compliance with the referenced national standards.

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