The Department of Labour (DOL) mandates that either the Contractor notifies them of planned construction work, or alternatively, the Client must apply for a construction work permit as outlined below.
These duties are clearly defined in terms of who needs to notify and who needs to apply for a permit.
The Construction regulations explained as follows:
2 : Regulation 3 & 5 Exemption
Regulation 3 (application for a construction work permit) and Regulations 5 (Client Duties) are not applicable where the construction work carried out is in relation to a single storey dwelling for a client who intend to reside in the dwelling upon completion of the work.
4 : Notification of Construction Work
A CONTRACTOR (Duties defined in No 7 of the Regulations) who intends to carry out any construction work other than that work indicated in Section 3(1) must notify the DOL 7 days prior to construction work starting.
This notification must be carried out in writing similar to the form in Annexure 2 and be given to the provincial director.
The criteria for notification of construction work is where the work includes:
- Excavations as defined by the regulation.
- Work at a height where there is a risk of falling.
- The demolition of a structure.
- The use of explosives to perform construction work.
3 : Application for a Construction Work Permit
A CLIENT (Duties defined in No 5 of the Regulations) who intends to have construction work carried out, must at least 30 days before the work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work. The application must be done in a form similar to Annexure 1.
The Provincial Director must issue a construction work permit in writing to perform construction work within 30 days of receiving the application.
This must be read in conjunction with the exemption notice issued by the Chief Inspector regarding the criteria in July 2018. Set out below are the criteria for this application:
- The work exceeds 365 days and will involve more than 3600 Person-days (man-days) of construction work. or
- The tender value limit is CIDB Grade 7 = R40 million and above
Starting work on a site without the necessary permit issued by the DOL is a violation of the Construction Regulations and could result in work being halted until the permit is obtained. This situation frequently occurs after a contractor has been awarded a contract and assumes control of the site, only to find that no permit has been secured.
Contractors awarded projects exceeding R40 million are advised to verify that the permit has been issued. If not, they should promptly inform the client to initiate the permit application process. It is crucial to emphasize that such delays could incur costs for the client due to postponed project commencement.
For more information please refer to our free resources where you are able to download the full regulations and amendment.
The Department of Labour (DOL) mandates that either the Contractor notifies them of planned construction work, or alternatively, the Client must apply for a construction work permit as outlined below.
These duties are clearly defined in terms of who needs to notify and who needs to apply for a permit.
The Construction regulations explained as follows:
2 : Regulation 3 & 5 Exemption
Regulation 3 (application for a construction work permit) and Regulations 5 (Client Duties) are not applicable where the construction work carried out is in relation to a single storey dwelling for a client who intend to reside in the dwelling upon completion of the work.
4 : Notification of Construction Work
A CONTRACTOR (Duties defined in No 7 of the Regulations) who intends to carry out any construction work other than that work indicated in Section 3(1) must notify the DOL 7 days prior to construction work starting.
This notification must be carried out in writing similar to the form in Annexure 2 and be given to the provincial director.
The criteria for notification of construction work is where the work includes:
- Excavations as defined by the regulation.
- Work at a height where there is a risk of falling.
- The demolition of a structure.
- The use of explosives to perform construction work.
3 : Application for a Construction Work Permit
A CLIENT (Duties defined in No 5 of the Regulations) who intends to have construction work carried out, must at least 30 days before the work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work. The application must be done in a form similar to Annexure 1.
The Provincial Director must issue a construction work permit in writing to perform construction work within 30 days of receiving the application.
This must be read in conjunction with the exemption notice issued by the Chief Inspector
regarding the criteria in July 2018. Set out below are the criteria for this application:
- The work exceeds 365 days and will involve more than 3600 Person-days (man-days) of construction work. or
- The tender value limit is CIDB Grade 7 = R40 million and above
Starting work on a site without the necessary permit issued by the DOL is a violation of the Construction Regulations and could result in work being halted until the permit is obtained. This situation frequently occurs after a contractor has been awarded a contract and assumes control of the site, only to find that no permit has been secured.
Contractors awarded projects exceeding R40 million are advised to verify that the permit has been issued. If not, they should promptly inform the client to initiate the permit application process. It is crucial to emphasize that such delays could incur costs for the client due to postponed project commencement.
Free Resources:
Construction Regulations (2014)
Construction Regulations (2014) Exemption July 2018