Question 1-9

Question 1

1.1
Provide the full name of the council at which a Construction Health and Safety Agent must be registered?
(3)

Answer 1

The South African Council (1) for the Project and Construction (1) Management Professions (1)
SACPCMP (1)

Question 2

1.2
The Council for the Built Environment (CBE) is the overarching body that coordinates six Councils for the Built Environment Professions including:

Architecture
Engineering
Provide the names of FOUR (4) other professions that the Council co-ordinates:
(4)

Answer 2

Landscape Architects (1)
Property Valuers (1)
Project and Construction Management (1)
Quantity Surveying (1)

Question 3

1.3
For what purpose was the Construction Industry Development Board (CIDB) established in 2000?
(3)

Answer 3

cidb helps to transform the construction industry through inclusivity(1),
high ethical standards(1)
and amplifies contributions made by industry participants towards South Africa’s economy & society. (1)
To create a platform where all government institutions must register their projects in the Register of Projects. (1)

Question 4

2.1
What is the minimum dimension of a tread of a step?
(1)

Answer 4

150mm

Question 5

2.2
What is the minimum clear headroom required above a staircase?
(1)

Answer 5

2.1m

Question 6

2.3
What is a minimum height of a balustrade? What is the maximum opening within a balustrade?

Answer 6

Min 1m high (1)
max 100mm diameter opening (1)

Question 7

2.4
What is the minimum ceiling height for a habitable room, excluding a bedroom for a residential property?

Answer 7

2.1m over the other 30% of floor space is allowed (1)

Question 8

2.5.1
What is the purpose of the SANS 10400 Part XA document?
(2)

Answer 8

(Any 2 of the following answers for a total of 2 marks)
XA1 - It was developed to make our buildings more sustainable* (1) and **reduce energy usage **(1) and reduce greenhouse gases in buildings (1)

Question 9

2.5.2
When taking the SANS 10400 Part XA requirements into consideration, provide THREE (3) methods that can be used to prove that a design complies with the “deemed to satisfy” rule.
(3)

Answer 9

XA3 - requirements in XA1 are satisfied by
Orientation, shading, services and building envelope following SANS 10400XA (1)
Subject to rational design (1)
Theoretical energy usage performance is determined using certified calculation software to comply with requirements (1)

Question 10

3.1
List the NINE (9) categories of registration at SACAP as specified in the Act
(9)

Answer 10

(1 mark each, for a total of 9 marks)
Professional Architect
Professional Senior Architectural Technician
Professional Architectural Technologist
Professional Architectural Draughtsperson
Candidate Architect
Candidate Senior Architectural Technologist
Candidate Architectural Technologist
Candidate Architectural Draughtsperson

Categories specified by Council ( i.e. building control officer)

Question 11

3.2
In your own words, explain the role the Council for the Built Environment (CBE) plays in determining the Guideline Professional Fees, as described in the Architectural Profession Act (no. 44 of 2000) (2 marks per answer, for a total of 4 marks)
(4)

Answer 11

(2 marks each. Note 1 mark for plagiarised answer)

” The CBE may review the guideline professional fees published by the council, (1) and refer the fees back to the council for reconsideration. (1)

Question 12

3.3
Under normal conditions, what is the maximum period, in months or years, that a person may be registered as a Candidate?
(2)

Answer 12

4 years (2)

Question 13

3.4
Provide THREE (3) mandatory functions of SACAP (1 mark each, for a total of 3 marks)
(3)

Answer 13

(Any of the following answers for 1 mark each, for a total of 5 marks)
Protect the public in their dealings with members of the Architectural profession
Register professionals that are members of the architectural profession (and maintain this Register)
Accredit architectural learning sites
Prepare and publish the code of professional Conduct
Prosecute offenders to the code of professional Conduct
Establish an investigating committee regarding improper Conduct
Prepare and publish a framework for professional Fee guideline
Develop and update a recommended professional Fee guideline
Interact with the CBE and its constituent members
Develop and implement the IdoW
Ensure that the public and registered persons are kept informed of development within the sector (facilitate and audit the CPD process)
Acknowledge and Accredit VAs as appropriate

Question 14

QUESTION 4 19marks

Mr Jonathan Mbata has approached Mr Peter Peterson, a professional architectural technologist, to provide architectural services on a new retail warehouse project. Based on a verbal confirmation to proceed with the project for a time-based fee, Peter commenced providing architectural services on the project, without there being a written agreement or contract between the parties as is required by the SACAP Code of Conduct for Registered Persons.

4.1
Provide the full name of the document that specifies that the architectural professional must enter into a written agreement with the client before undertaking professional work.
(3)

Answer 14

Sccrp

The SACAP (1) Code of Conduct (1) for Registered Persons (1)

Question 15

4.2
List FIVE (5) items that must be included in a written agreement between the client and the architectural professional in terms of this document (1 mark each).
(5)

Answer 15

Any of the following for a total of 5:
proof of professional registration;
the scope of architectural work;
the scope of service to be provided;
the allocation and limitation of responsibilities;
the fees payable for the architectural work or services, the method of fee calculation (if appropriate), and the stage(s) at which fees will be payable;
the budget, if applicable, and other cost limits for the project, work or service and the method and implication of estimating costs;
provision for dispute resolution;
termination of the agreement;
details of professional indemnity insurance; including –
name of the insurer;
the name of the insured;
amount of cover;
policy number; and
validity period.

Question 16

The client, Mr Mbata, made several changes to the scope of the project until the completion of work stage three. Peter accommodated these changes by amending the design. Despite receiving invoices for the time that Peter spent on the project, Mr Mbata did not pay him for any of the work carried out thus far. Mr Mbata has insisted that payment would only be made once the project is completed.

4.3
Describe THREE (3) ways in which a written agreement would serve to avoid this situation?
(2 marks each)
(6)

Answer 16

Answers may include (but are not limited to) the following (3 marks each):
A written agreement would have ensured that:
a formal business relationship would be established between the client and the architectural professional
the scope of the services would be defined and agreed
fees would be based on an estimate of the skills, time and resources required to complete the works
the client would be made familiar with the work stages of an architectural professional’s services **as part of the building delivery process
the intervals/stages at which fees would be payable** would be recorded (and interest on overdue invoices would be agreed upon)
the scope of the project would be agreed upon and documented
changes to the scope of the project would be subject to an adjustment of fees
where work was undertaken to change the agreed design, additional fees may be agreed
the arrangement would not be subject to Common Law principles whereby payment for services would only be due once the completed project is handed over

Question 17

Mr Mbata was unhappy with the progress of the project and feels that Peter is taking far too long to finalise the local authority submission documentation. Mr Mbata then informed Peter that their arrangement was terminated and registered a complaint of improper conduct with SACAP regarding Peter’s performance.

4.4
What would be the most likely outcome of this situation?
(2)

Answer 17

Mr Peterson could be charged with professional misconduct (1) for failing to put his terms of appointment in writing (1)

Question 18

Mr Jochaim Habimana has decided to immigrate to South Africa from Rwanda and Mr Mbata has requested him to provide the remaining architectural services on the project. Mr Habimana has practised as a registered professional architect in Rwanda after qualification for the past 9 years.

4.5
What steps must Mr Habimana follow to be able to practice in South Africa?
(2)

Answer 18

He would need to apply for registration with SACAP (1) and write and pass the professional practice examination of this council (1)

Question 19

Peter’s cousin would like to study to become an architectural professional at a new college and is concerned as to whether she will be able to register with SACAP.

4.6
How should Peter advise his cousin about her concern regarding the choice of institution in line with SACAP registration?
(1)

Answer 19

Verify that the institution is one of the validated/ accredited Architectural Learning Sites (ALSs)

Question 20

You have established an architectural practice and have received queries from Ms Irene Govender regarding the process of appointing you on a new project. Ms Govender has also requested a more detailed explanation of the nature of professional architectural service throughout the building delivery process.
As part of your response to Ms Govender, provide an answer to each of the following questions in your own words:5

5.1
What information should a client provide to the architectural professional to successfully initiate a new project? Identify THREE (3) items (2 marks each)
(6)

Answer 20

PRO Re Con Bu Si.

3 items for 2 marks each
Answers may include (but are not limited to) the following:
A description of the purpose of the project (mission, vision, goals and objectives) (1)
All relevant information regarding the site (including the Title Deed) (1)
A comprehensive project brief outlining requirements and limitations for the project, (1) including:
scope of the project (1)
accommodation requirements (1)
project duration / timeline / time constraints (1)
budget or financial parameters (1)
level of quality desired (1)
the extent of the service required (1)

NOTE: Aspects of work stage ZERO (Project Initiation) include:

Establish the need, desirability and viability of undertaking property development, together with securing the appropriate land and rights to undertake such a development following a project initiation program.
Establish project need and desirability.
Procure market research investigation to evaluate the appropriate product, vision and feasibility.
Appoint appropriate consultants (for work stage 0).
Prepare a first business case, a budget and user requirements.
Identify and secure appropriate land.
Obtain land development rights including necessary zoning, environmental, traffic and infrastructure services per all statutory and regulatory requirements.
Facilitate and manage the development master plan.
Identify project funding sources and requirements.

Question 21

5.2
What services can the architectural professional provide to assist the client in successfully initiating a new project?
(4)

Answer 21

An architectural professional can assist with site evaluations, (1) planning and ensuring that the budget is suitable (1). The architectural professional becomes the creative interpreter of the client’s needs and aspirations (1).

Contributions that architects can make to project initiation and feasibility: (1 FOR ANY OF THE EXAMPLES)
evaluation of the zoning and title deeds of the property
consideration of the approvals, planning permission or rezoning required
the need for an Environmental Impact Assessment (EIA) report
commissioning site surveys such as geotechnical studies, service availability, infrastructure, etc.
analysis of the budget in terms of the project requirements
assessment of existing structures for re-use
analysis of the accommodation requirements of the project and the total area required
advising on procurement options and project program considerations

Question 22

5.3
Why is it not advisable for the client to appoint the architectural professional only to provide services until work stage 4.1? Provide TWO (2) reasons (2 marks each)
(4)

Answer 22

2 answers for 2 marks each
Answers may include (but are not limited to) the following:
Documentation for statutory and local authority submission is insufficient for construction
A qualified professional must be appointed to certify that the contractor has adhered to the approved local authority submission

Question 23

5.4
How does one evaluate the level of professional services provided by the architectural professional?
(5)

Answer 23

The architectural professional is expected to provide REASONABLE (1) professional skill, (1) care and diligence, (1) which is determined by what would be provided **by another reasonably competent professional **(1) under the same circumstances (1) during the same period (1)

Question 24

5.5
Under which circumstances would professional architectural fees be calculated based on
each of the following:

5.5.1.
Project cost-based fees:

5.5.2.
Deliverable-based fees:

5.5.3.
Time-based fees:

Answer 24

Project cost-based fees:
When there is a **well-defined scope of services **(1) that will be required as well as a budget (1)

Deliverable-based fees:
Any of the following for 2 marks:
When a** partial service is required **(1)
To outline (or even justify) the architectural fees that will be required for the provision of specific activities or outcomes (1)

Time-based fees:
Any of the following for 2 marks:
When the scope of services is not clearly defined (1)
For **small scale projects **(1)
For additional, unusual or specialised services (1)

Question 25

5.6 What steps would an architectural professional take if the local authorities are unwilling to approve the drawings and documentation submitted for the erection of a building? (2)

Answer 25

When a local authority refuses the approval of submission, this may be referred to the ***review*** *** board*** established for this purpose (2)

Question 26

5.7 Does the architectural professional assume responsibility for the performance of the contractor employed by the client? Provide reasons for your answer. (4)

Answer 26

***No,*** the architectural professional does not assume this responsibility. (1) Reasons may include the following for 3 marks: Without managing or supervising the contractor, it is not possible to guarantee the contractor’s performance of obligations in terms of the construction contract. (1) The role of the architectural professional during construction is to ***inspect*** the works (1) to ***ensure that these are carried out according to the construction documentation*** (1) and to instruct the contractor (1) (when appointed as ***principal agent***, this includes ***administering*** the ***construction contract*** and ***certifying the works)*** (1)

Question 27

5.8 Is it possible for the architectural professional to guarantee that the final project cost will not be greater than the initial budget? Provide reasons for your answer. (4)

Answer 27

***No***, it is not possible to guarantee the final project cost (1) Reasons may include the following for 3 marks: Architectural professionals are ***not cost consultants*** (1) (as opposed to a quantity surveyor) ***Project costs evolve*** as ***more information becomes available (1)*** Actual ***prices during construction are determined by the contractor (1)***

Question 28

6.1 Thabo Hlatswayo and Aubrey Patel are close friends who plan to jointly establish a new architectural practice called Amandla Architects based in Ekhuruleni. Describe THREE (3) factors that Thabo and Aubrey should consider when selecting the most suitable ***type of business entity*** for this new venture (1 mark each). (3) Smart People Partnership Together Like Lovely Couples

Answer 28

Sole p Partnership Personal liability company Private compnay Setup People Profit Liability Lifespan Cost or capital Taxation Forever Answers may include the following (additional factors may be found in the advantages and ***disadvantages*** of the various types of business entities): ***Continuity:*** Sole Proprietorships and Partnerships would only continue for the lifetime of the parties. If there are changes to partners, the Partnership needs to be dissolved and re-established. ***Liability***: Sole Proprietorships and Partnerships are not separate legal entities and do not separate liabilities and financial risk from the parties ***Set-up***: Sole Proprietorships and Partnerships are relatively cheap and easy to establish (no registration with CIPC) ***Disagreements:*** There are no statutory measures for governance in Partnerships ***Taxation:*** Will differ depending on the types of legal entities that are established (e.g. Sole Proprietorship + Partnership = according to individual income tax scales; Private Companies = taxed at a flat rate) ***Financing:*** Sole Proprietorships and Partnerships must apply for finance as a business loan. Private Companies may sell shares to investors ***Tendering for services***: May require that the business be established as a (Pty) Ltd

Question 29

6.2 Describe FIVE (5) founding principles for Thabo and Aubrey to consider as part of ***establishing Amandla Architects (1 mark each).*** (5)

Answer 29

Any 5 answers for 1 mark each Extract from 2021 SAIA Study Aid: ***Location*** of the offices ***Management structure*** – ***rules and systems ***for changes in management, such as partners leaving or new management ***Management roles*** – who will be responsible for matters such as engaging and monitoring staff, ordering materials, handling the finances, insurances, etc. ***Operating capital ***– rules for quantifying, apportioning and recovering cash or credit facilities required to run the practice Monitoring staff professional consultants – agreement on the legal, insurance and accounting consultants and banking services ***Remuneration*** – salaries, profit sharing Benefits – pension funds, retirement annuities, medical aid payments, provident fund, etc. working hours – number of hours per week required of management and staff, parameters for time spent on administrative matters expenses – rules for expenses such as entertainment, travelling, vehicles, mobile phones, laptops, etc. leave / sick leave – the extent of and coordination of leave periods of management and staff 6.3 Kamvalethu is a talented young designer and most architectural firms would like to employ her. Amandla Architects wants to sign her on as their employee. Advise the Human Resources Manager to include a “ Restraint of trade” clause into the contract. What does this clause prescribe? ( 4 marks) restraint of trade – any limitations imposed on persons ***leaving the practice***

Question 30

6.2 Describe FIVE (5) founding principles for Thabo and Aubrey to consider as part of establishing Amandla Architects (1 mark each). (5)

Answer 30

Any 5 answers for 1 mark each Extract from 2021 SAIA Study Aid: Location of the offices Management structure – rules and systems for changes in management, such as partners leaving or new management Management roles – who will be responsible for matters such as engaging and monitoring staff, ordering materials, handling the finances, insurances, etc. Operating capital – rules for quantifying, apportioning and recovering cash or credit facilities required to run the practice Monitoring staff professional consultants – agreement on the legal, insurance and accounting consultants and banking services Remuneration – salaries, profit sharing Benefits – pension funds, retirement annuities, medical aid payments, provident fund, etc. working hours – number of hours per week required of management and staff, parameters for time spent on administrative matters expenses – rules for expenses such as entertainment, travelling, vehicles, mobile phones, laptops, etc. leave / sick leave – the extent of and coordination of leave periods of management and staff 6.3 Kamvalethu is a talented young designer and most architectural firms would like to employ her. Amandla Architects wants to sign her on as their employee. Advise the Human Resources Manager to include a “ Restraint of trade” clause into the contract. What does this clause prescribe? ( 4 marks) restraint of trade – any limitations imposed on persons leaving the practice

Question 31

6.2 Describe FIVE (5) founding principles for Thabo and Aubrey to consider as part of establishing Amandla Architects (1 mark each). (5)

Answer 31

Any 5 answers for 1 mark each Extract from 2021 SAIA Study Aid: Location of the offices Management structure – rules and systems for changes in management, such as partners leaving or new management Management roles – who will be responsible for matters such as engaging and monitoring staff, ordering materials, handling the finances, insurances, etc. Operating capital – rules for quantifying, apportioning and recovering cash or credit facilities required to run the practice Monitoring staff professional consultants – agreement on the legal, insurance and accounting consultants and banking services Remuneration – salaries, profit sharing Benefits – pension funds, retirement annuities, medical aid payments, provident fund, etc. working hours – number of hours per week required of management and staff, parameters for time spent on administrative matters expenses – rules for expenses such as entertainment, travelling, vehicles, mobile phones, laptops, etc. leave / sick leave – the extent of and coordination of leave periods of management and staff 6.3 Kamvalethu is a talented young designer and most architectural firms would like to employ her. Amandla Architects wants to sign her on as their employee. Advise the Human Resources Manager to include a “ Restraint of trade” clause into the contract. What does this clause prescribe? ( 4 marks) restraint of trade – any limitations imposed on persons leaving the practice

Question 32

6.3 Kamvalethu is a talented young designer and most architectural firms would like to employ her. Amandla Architects wants to sign her on as their employee. Advise the Human Resources Manager to include a “ Restraint of trade” clause into the contract. What does this clause prescribe? ( 4 marks)

Answer 32

Restraint of trade is a provision generally found in employment contracts that states that in the event of termination of employment (1), the employee is ***restricted in the works*** the employee can perform (1) for a specific ***time*** (1) and within a certain geographical ***area***. (1)

Question 33

8.1 In your own words, describe TWO (2) characteristics of the option of ***settlement*** in resolving a dispute (2 marks each). (4) S M A A L

Answer 33

Own words answers are to be assessed on their merits, based on the following: Any 2 answers x 2 marks Mediation Arbitration Adjudication Litigation Settlement Settlement ***No 3rd party Out of court*** * a settlement would typically form part of the conclusion of a successful mediation process but may take place independently from – or in parallel to – litigation or any of the alternative dispute resolution methods * maybe utilised as the ***first step*** in resolving a matter in dispute * may require disputing parties to make certain compromises * the outcome may be regarded as final and binding and should be recorded in writing as evidence that settlement was achieved

Question 34

8.2 Under which circumstances would adjudication be a suitable option for resolving a dispute? (1)

Answer 34

Where a ***swift decision/ruling is required*** (1) (e.g. disputed amounts certified in ***payment certificates)*** (1)

Question 35

8.3 How would one ensure that an arbitrator’s decision regarding a dispute is implemented? (2)

Answer 35

* Both parties agree that the ***arbitrator’s decision*** is final and ***binding*** (1) * Either party may seek that the decision be made final and binding through an ***order of the court (1)***

Question 36

8.4 Identify THREE (3) methods or procedures that an architectural professional may implement to avoid or minimise potential disputes (1 mark each). (3) Avoid BS use triple ComComCollab

Answer 36

Any 3 answers x 1 mark Extract from SAIA Study Aid: * foster a ***collaborative***, open and a ***constructive team*** approach * foster ***open communication*** between all parties * encourage and foster mutual respect and honest behaviour * establish rules (and stick to these yourself) * seek confirmation from the parties to fulfil their ***commitments and obligations*** * establish clear and defined lines of authority and communication * develop a ***clear brief*** for the project (which is adequately recorded) * invest sufficient time to adequately develop the design into a workable solution * provide adequate and agreed timeframes * provide budgets that are sufficient and suitable for the scope of the project * use standard form contracts and relatable terminology * prepare documentation sufficient for local authority approval * provide clear and comprehensive documentation for procurement and construction * communicate the ***scope*** of the project (and record decisions of variations) * respond adequately to notifications of disagreements or disputes * address all contractual claims within the timeframes of the contract * issue contract instructions as required within the contractual timeframes * fulfil your contractual obligations and assert your contractual rights * review and respect the project program (and record any necessary updates) ensure that comprehensive records are compiled and maintained on every project

Question 37

9.1 Identify ONE (1) SOURCE of the following concepts followed by a DESCRIPTION of each as they apply to the practice of architecture (1marks for the source; 1 mark for description) 9.1.1. Legal requirements (2) 9.1.2. Ethical obligations (2)

Answer 37

***Legal requirements*** **SOURCE**: May include ANY form of ***legislation*** or regulation applicable to the architectural profession, for*** example:*** ***Architectural Profession Act SACAP Code of Conduct for Registered Persons*** National Building Regulations and Building Standards Act South African National Standards Etcetera **DESCRIPTION**: Examples of a response: ‘Legal’ is used to describe anything that concerns the law or its workings. Society’s expectation regarding the conduct of architectural professionals has described the legislation, and it is mandatory to adhere to legal requirements. Legal requirements outline the norms, rules, and responsibilities for proper practice. ***Ethical obligations*** **SOURCE**: ***Codes of Ethics*** as outlined by ***Voluntary Associations *** **DESCRIPTION**: Examples of a response: Ethics are the rules by which an architectural professional must ***abide to remain within an association.*** Ethics involve the principles of ***guiding behaviour ***and conduct – and recommending concepts of right and wrong.

Question 38

9.2 Board Notice 7 of 2021 Code of Conduct for Registered Persons, prescribes the overriding objectives to strive for excellence in the Architectural Profession, protect the environment against unsound architectural practices and deliver services to the public with due care, skill, diligence and integrity, applying all relevant knowledge in the process. Consider the following statements relating to the Code of Conduct, and indicate if the statement is TRUE or FALSE (1 Mark for each answer) 9.2.1 A Registered Person can receive, directly or indirectly, any commission or remuneration for recommending a particular supplier to a client for work on a building project, as long as he informs the client in writing. (1) 9.2.2 A Registered Person may use the architectural work prepared by another Registered Professional if written approval is received from the originating Registered Professional. (1) 9.2.3 Registered Professionals must enter into a written agreement with a client that includes proof of professional registration. (1) 9.2.4 When establishing a new practice, the Registered Professional must inform the Council (SACAP) (1) 9.2.5 Multidisciplinary practices can describe their practice as an architectural practice as long as ONE (1) of the partners is a registered architect. (1)

Answer 38

True True True True False