Any property owner wishing to undertake building work that requires the submission of building plans and approval in terms of the NBR & BS Act, must appoint a competent registered person. (Reg A1(1) of NBR)
The owner is also responsible for ensuring that the registered competent person has the necessary competence to undertake the proposed work and that their registration with the regulatory body is current prior to appointing the registered person. Failure to ensure that the appointed competent person has the required level of competence or valid registration will result in the refusal of the building application by the local authority.
The gazetted Identification of Work and validity of a competent person (architecture) is available via the website (www.sacapsa.com) of the South African Council for the Architectural Profession (SACAP).
The Identification of Work relates the scope of work that the registered professional may undertake dependant on the category within which the professional is registered.
The competent person, appointed by the owner, is responsible for designing compliance into any building proposal, not the local authority.
An additional responsibility placed on the owner where building work is undertaken in accordance with an approval granted is ensure that the obligations in terms of the Construction Regulations of 2003 contained in the Occupational Health & Safety Act, No. 85 of 1993 are adhered with to avoid any legal liability should any injury associated with the construction work occur upon the site.