Designers Architects and Engineers

Designers Architects and Engineers Legal Responsibilities


Designers Architects and Engineers Legal Responsibilities SHERQ Legal Liabilities are, depending on the Structures to be designed and eventually constructed, [see definition of a Structure in Construction Regulations] legally obliged to ensure compliance to various sets of legislation in South Africa. These include, but are not limited to Act 85 of 1993 (Occupational Health and Safety Act) and all relevant regulations promulgated there-under, in particular but not limited to GNR 84 of 7 February 2014 – Construction Regulation 5(1)(c) & (d), 6, 11(1)(c),  and 12.

Designers Architects and Engineers Legal Responsibilities are prescribed in various sets of legislation and include amongst others: –

  • obtaining from the client prior to commencing work, a Risk Assessment, Geotechnical Investigation (unless mandated to perform the Geotechnical Investigation) and Health and Safety Specifications, all of which are to be considered during the Design stage
  • performing a Risk Assessment (or having one performed on their behalf by a competent person), in addition to the Risk Assessment provided by the client, and include Ergonomic Risks and risks imposed by any future maintainance of the structure which are to be incorporated into the Design
  • providing to the Client all Design Information (including the loading that the Structure is designed to withstand), known or anticipated risks and specifications / methodologies, prior to the Contract being put out to tender by the Client
  • when mandated to do so, to carry out legislated inspections, in some cases in the form of a Legal Compliance Audits. Are you competent and able to perform Legal Compliance Audits?
  • to stop any Contractor from performing work which is not according to the Design or which poses a Risk (This can only be done by performing Audits and Inspections on the relevant Contractors.)

If designing any Temporary Works [see definition of Temporary Works in Construction Regulations] there are additional legal requirements to be complied with.

We can assist you to ensure your Legal Compliance.

 View or Download PDF –  Guideline on Designer Responsibilities

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