Section 20: Duties of developer, design team and principal agent
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
20. Duties of developer, design team and principal agent
(1) Every developer shall—
(a) apply for and obtain a permit and any authorisation required under any enactment;
B13A – 9 [Issue 10]
Building Control Act
(b) where applicable, appoint a design team, an architect or another
person, or an engineer for the preparation of plans and drawings
in accordance with section 4;
(c) where applicable, appoint a principal agent;
(d) provide all proper documentation and information needed for his
project;
(e) arrange for the insurance policies referred to in section 21; and
(f) provide any buyer with necessary documentation on the development works.
(2) Every member of a design team shall—
(a) prepare a project in accordance with this Act and any other
enactment, and the terms of the contract entered into between
him and the developer;
(b) ensure that plans and drawings made by him are in compliance
with this Act and any other enactment; and
(c) be responsible for the veracity and accuracy of any information
provided.
(3) Every principal agent shall—
(a) supervise the development works at all stages until completion;
(aa) conduct risk-based inspections of the building at such intervals
as he or it may determine;
(b) ensure that the development works are carried out in accordance
with the permit;
(c) issue, in case a building has a floor area of 150 square metres or
more, a clearance certificate to the holder of a permit certifying
that development works in respect of the building have been
carried out in accordance with the permit; and
(d) be responsible for the veracity and accuracy of any information
provided.
(4) A local authority may, at any stage of building works, proprio motu or
on the recommendation of the principal agent, issue, in accordance with the
Local Government Act, an enforcement notice where it is necessary to do so
for public safety or where the development works are not being carried out
according to the permit issued.
[S. 20 amended by s. 4 (d) of Act 18 of 2016 w.e.f. 7 September 2016; s. 7 (1) (f) of
Act 10 of 2018 w.e.f. 10 October 2018.]
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Questions this section answers
- What must a developer do before starting building works?
- What is a principal agent responsible for during construction?
- Can a local authority stop building works if they are unsafe or not following the permit?