CBE update on the identification of work

May 24th, 2019, Published in Articles: PositionIT

Adv. Pieter Fourie updated the Association of South African Quantity Surveyors (ASAQS) Board on the latest developments and progress on the identification of work and the publication of guideline fees. Two previous updates (on 28 September and 14 December 2018) alluded to a new approach to identification of work, further engagement with the Competition Commission and the regulation of the built environment professions. These matters are still relevant and are receiving ongoing attention.

It is important that stakeholders are aware of the process followed and the progress made since the previous update (14 December 2018). The desired outcome is to invite dialogue on the process and the broader issue of regulating the built environment professions.

The approach being followed

The CBE is following its statutory mandate to, after consultation with the Competition Commission and in consultation with the councils for the professions, identify the scope of work for each category of registered persons (section 20(2) of the Council for the Built Environment Act 43 of 2000 (the CBE Act)). This follows recommendations made by the six councils for the built environment professions (CBEP). The CBE, as per the professions acts (the six acts establishing the CBEP) and the Council for the Built Environment Act, 43 of 2000, has the statutory mandate to identify work. The CBE has identified the scope of work for each category of registration and is interpreting the scope of work as “the range of work performed by a registered person in terms of a specific piece of legislation other than the legislation that created the councils for the professions, or the statutory duties which may be performed by a registered person.”

Engagement with the Competition Commission to continue

The CBE acknowledges the mandate of the Competition Commission and its role in transformation. All engagements with the Competition Commission will therefore still seek to balance the mandates of the Competition Commission, CBE and CBEP, and to adequately protect the public interest. The Competition Commission will therefore be continuously consulted to forge a way forward on the identification of work process, and eventually the regulation of the professions.

Regulating built environment professions

It is submitted that the need to identify the scope of work for each category of registration is the cornerstone of regulating the built environment professions. Alternative regulatory approaches should be considered and where applicable, combined to ensure that regulation is inclusive and enabling instead of unjustifiably restrictive.

The CBE is committed to develop a framework within which identification of work should be applied. The framework will contain the principles on which work should be demarcated, and measures to mitigate any negative effects of such demarcation. It should therefore be a blue print for the implementation of identification of work, in a manner that is fair, non-restrictive yet protective of the public.

Going forward

The CBE will continue to seek consultation with the Competition Commission on the scope of work identified for each category of registration, and thereafter conclude the process in consultation with the CBEP. This is to be followed by the introduction of a framework of identification of work implementation.

Albeit that the identification of the scope of work is the cornerstone of regulating the professions, it is only one building block in a regulatory framework. Other components should be developed and implemented. An organic, gradual process is foreseen with regular reviews of published provisions.

Stakeholders are invited to submit their input on this matter, especially pertaining to the following:

  • Proposed alternative regulatory approaches that can ensure persons undertaking built environment work are competent and accountable without unfairly restricting competition.
  • The possibility of self-regulation in the professions, or a combination of self- and government-regulation through an agency.
  • The protection of titles as the only regulatory method or in combination with other measures.
  • The above as components of a Framework for Identification of Work Implementation.

Contact CBE, pieter@cbe.org.za

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