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Architectural Profession Act, 2000 (Act No. 44 of 2000)

Board Notices

Guideline Professional Fees issued in terms of Section 34(2)

Framework for guidelines for professional fees in respect of architectural services rendered by the registered architectural professionals published in terms section 34 (2) of the Act

37. Engagement of architectural professionals

 

(a) A professional service is deemed to be subject to an appropriate formal written agreement in which the rights and obligations of the parties and the terms and conditions of service are clearly recorded.

 

(b) The specific service is agreed on, and the basis for the calculation of professional fees is recorded.

 

(c) The parties shall also agree on the following:
• the agreed service to be provided;
• authority of the architectural professional;
• the architectural professional's ownership of the intellectual property or copyright;
• limits to responsibility;
• limit to professional liability to a term of five (5) years;
• payment of invoices;
• interest on overdue invoices;
• disputed invoices;
• suspension or deferment;
• termination of engagement;
• damage to; or destruction of the works and
• dispute resolution provisions.

 

(d) The expectation is that the agreed fees are based on a budget for the works to ensure that the fees are calculated on the anticipated final project cost. A realistic value of the work has to be done to determine fees.

 

(e) Where a Professional Architect registered with SACAP is employed in a standard service, such Professional Architect shall be appointed to fulfil architectural services, principal consultant and principal agent services. The services shall be described as a 'full service', partial and/or additional services as may be agreed.

 

(f) Where an architectural professional other than a Professional Architect is employed in a project. The services and functions to be provided should be in line with the Identification of Work. Such an appointment may be for a standard service. Partial and/or additional services may be agreed.