Build.Space

CHOOSING YOUR ARCHITECT
The first step towards the new home is essentially choosing your architect. No matter what anyone tells you, you will not be allowed to build without a set of approved plans, it is illegal to do that, it is that simple. Oh at the outset, remember this - if any part of your house or structure is destroyed by fire for instance, the first thing your insurance may ask for is the "Approved Plans" - I have had client call me on a Sunday night when his warehouse was ablaze - fortunately he did have proof that there existed a set of approved plans.

Many people like to get a builder involved first, there is nothing wrong with that, but it is risky, and can cost you more in the long run. Recently, I had an experience with an excellent builder, but the client took the decision to take things into their, (the client's), own hands, Needless to say, the clients choices on finishes ended up costing them around 300K more than anticipated, and none of it caused by the builder, just inexperience and an innate inability to take the advise of a seasoned professional.

In addition to that, I have seen many a client (not even my own clients) suffer the choices of the uneducated - by that I mean the uneducated in architectural design - and the suffer the consequences of:-
1) Poor siting and orientation
2) Incorrect choice of items such as, too small a fireplace for the area allocated, or positioning of something as simple as a washing machine.
3) Acceptance of second grade fittings that will eventually not be fit for purpose in less than 10 years.

Remember, the intention is to build a home that will remain such for a period of a family lifetime and beyond - how long is that you ask? Over 25 years or more I say.

Essentially the process is as follows:-
1) Appoint Architect and determine your design requirements. - ALL Building plans may only be submitted by a person who is registered with the South African Council for the Architectural Professions (SACAP) to the Municipally for approval.

2) Get design developed to an acceptable level, with 3D etc. - Even if you have an idea of what you want, still start at the beginning.

3) Appoint the Structural/Civil Engineer, and get Geo-Technical Engineers report whilst the next step is in progress

4) Architect proceeds to submission drawings for municipal submission.

5) Whilst the drawings are in the approval process (can be 3 to 4 months) you than proceed to obtain a builder. Your Architect may be able to assist with that by referrals with people he has worked with previously.

6) Select your builder on quotes, and get all aspects of the contract resolved before starting construction - you may need your Architects advice at this stage as well. Construction contracts can be complex.

7) On receipt of approved plans, you can than appoint your builder and commence construction

8) At this time, you will need to have constant visits by your architect and appointed engineer.

9) Payments to the contractor and professionals will be on a monthly basis, construction should not be more than 6 months for a house, beware timing, builders holidays in December etc.

10) By law, the Architect should sign off on the completed project, liaison with the building inspector to get your occupation certificate. - you question this, than you need to read the SANS 10400 form you completed and signed when your house plan is submitted to the Municipality.

11) There is a call back period for defects, depending on the contract.

Essentially, the first step is Design and Drawing of Plans.

Rates for the drawing and design work is based on the area - translated from an assumed construction cost per m2, and drawn down to a percentage of the actual final cost, including site works and VAT. Therefore, and the final amount will depend on the overall total of the premises and the external works. All area is measured on the outer face of the walls - do not forget that.

Prior to submission and or commencement, you will need to provide :-
a) A proof of ownership (title deeds copy)
b) SG Diagram or SG Diagram number (usually on title deed)
THE COSTS OF THE FOLLOWING ARE USUALLY CHARGED SEPERATELY
c) Geotechnical Engineer Report (for municipal area submission
d) Any Structural or Civil engineering requirements
e) A stormwater management plan (Civil Engineering)
f) Land Surveyor for steep sites

The time frame - you can expect 2 to 3 weeks for the design, an additional 2 weeks for submission drawings. The municipal approval process can take an additional 3 or 4 months depending on the municipal requirements (they can vary from time to time)

Please revert to me for any query with regards to your project.

REASONS TO HIRE A PROFESSIONAL ARCHITECT TO ADVISE YOU ON YOUR BUILDINGS

City to tackle bad buildings
10/16/2015
CHARMEL PAYET
ETHEKWINI Municipality intends tackling the issue of derelict buildings in the City through the recently gazetted Problem Building By-law. The By-law aims to provide for the identification, control and rehabilitation of problem buildings in the City. It outlines steps to identify and label a building as a problem building as well as steps to be taken to rehabilitate the building and ensure compliance by owners.

There are different admission of guilty fines for different offences in terms of this By-law. For example the proposed fi ne for entering, occupying or permitting the occupancy of any problem building which a notice has been served is R5 000. Hindering an authorised Municipal official from exercising their duty is R1 500. Meanwhile the proposed fi ne for failure to comply with a lawful instruction of a Municipal official or in terms of the Bylaw is R1 500 as is failure to comply with a compliance notice.

The maximum penalty for anyone found guilty of an offence under this By-law is a fine not exceeding R500 000, imprisonment not exceeding three years or both the fi ne and imprisonment. These are the proposed fines which still have to be approved by the Chief Magistrate. Once approved, the amounts will be made public. This By-law will be enforced in combination with other By-laws as a problem building usually contravenes the Fire Bylaw, the National Building Regulations, Health and other By-laws.

Further penalties can be imposed if the building owner fails to comply with a compliance notice. They could incur an additional fine not exceeding R5 000 or imprisonment not exceeding 10 days for each day the offence continues. The By-law is currently in the training and implementation phase with enforcement expected to be rolled out next year. Officials from Safer Cities and iTrump Units are being trained to enforce it.

ABOUT TIME TOO!!

Therefore, not only is it counter-productive to modify the contract document to suit a more generous payment period, it can also have a negative effect on the cash flow of the recipient.

In terms of the Constitution and common law, it is illegal to force any party to contract outside of the law, since the PFMA & MFMA are legislation, modifying the payment period, why, that would be illegal. OR am i confused here?

Perhaps the relevance is not seen here, if you are an organisation that is making payments on behalf of a Government program or budget allocation, such as is defined by the term "Implementing Agent"; should this regulation apply to you?

You are dealing with Public Funds, therefore it should.

NOTE: If you require your contractor to provide a labour report as a condition of receiving payment, (this should be noted in the contract), is it not applying a Government Policy, (Dept. Public Works - EPWP), and if so, why should other policies and regulations not apply in this case?

PAYMENT ON TIME
A FACT UNKNOWN BY NEARLY ALL ACCOUNTANTS BECAUSE THEY ARE NOT CONSTRUCTION PROFESSIONALS:-
Although the contractor (and by this I mean any contractor), in terms of the JBCC contract, has to present an invoice for payment, this does not diminish the fact that a payment certificate in itself when signed by the principal agent, (professional in charge), BECOMES A LIQUID DOCUMENT!!!

Furthermore, in terms of the PFMA & MFMA, legislation under which our South African Government and their agents operate, payment is to be affected on ALL INVOICES within a period of 30 days. (Treasury Regulation 8.2.3)

This undesirable practice has now reached disturbing levels and besides being in contravention of the PFMA and Treasury Regulations, this practice is severely affecting the cash flow positions and sustainability of businesses, especially the small medium and micro enterprises (SMME’s). - NATIONAL TREASURY INSTRUCTION NOTE NUMBER 34