Code of Ethics
The South African Institute of Architects and the Regional Institutes are committed to maintaining the highest standards of professionalism, integrity and competence. Any member of the Institute, as defined in the Constitution, is required to uphold and subscribe to these objectives, and within the built environment, strive to improve the standards of health and safety for the protection and welfare of all members of society and to enhance with their professional skills, the natural environment to the benefit of all. Members of the Institute, registered as professional architects, are educated and trained to provide leadership, critical judgement, specialist knowledge, skills and aptitude, for the design and development of the built environment. The Code of Ethics establish principles for the conduct of members in pursuance of these goals.
SACAP Code of Professional Conduct
The South African Council for the Architectural Profession (SACAP) has, in terms of the requirements of Section 27(1) of the Architectural Profession Act, 2000 (Act 44 of 2000), made the rules set out in Board Notice 28 of 2004.
Registered persons and architectural practices are subject to the disciplinary supervision of the SACAP. It is an overriding obligation under the rules that in carrying out professional work, a registered person is expected to act competently and with integrity.
It is therefore expected that a registered person shall refrain from conduct, which would in the opinion of the SACAP be detrimental to the esteem, dignity and/or professionalism of the architectural profession, or would tend to bring the architectural profession into disrepute.
SACAP Guideline Professional Fees
The Guideline Professional Fees are issued in terms of Section 34(2) of the Architectural Profession Act no 44 of 2000.
The Competition Act, 1998 (Act No. 89, 1998) exists in order to provide all South Africans with equal opportunity to participate fairly in the national economy and to freely select the quality and variety of goods and services they desire.
Clients therefore have the right to go to any registered person who offers architectural services. The role of educating the public as to the different skills, qualifications and expected performance levels between the categories of professionals; lies with the professionals, the recognised Voluntary Associations and the Council.
Members are reminded that the guideline professional fees published annually by SACAP are only a guideline. The quantum of the professional fee for any project is subject to agreement between the client and the architect at the time of appointment.
The Council for the Built Environment (CBE), which is the statutory body established in terms of Section 2 of the Council for the Built Environment Act, 2000 relating to the Built Environment Professions, requires the South African Council for the Architectural Profession (SACAP) to determine and publish an annual update of the Professional Fees Guideline.
Although the South African Council for the Architectural Profession (SACAP) published a call for comment on the proposed amendment to the 2012 guideline for the professional fees, no formal notification of any amendment has yet been published. SAIA has been advised that for the present, the 2012 professional fees guideline, Board Notice 194 of 2011, Annual update of the professional fees guideline, issued in terms of section 32(2) of the Architectural Profession Act No 44 of 2000, applies until notified to the contrary.
The Professional Fees Guideline comprised of either PROJECT COST BASED FEES or TIME BASED FEES.
Project Cost Based Fees
The project fee consists of two parts: the base plus the percentage. The one is not reflected in the other, and the two figures should be added. A hypothetical fee account would thus read: R 20 000 base fee plus 7% of R 1 000 000 = R20 000 plus R 70 000 equals R 90 000 total fee.
Both the SACAP Code of Professional Conduct and the SAIA Code of Ethics require that the appointment of an architect must be reduced to writing.
The Guideline Professional Fees are charged by registered professionals providing architectural services. The Guideline Professional Fees are thus negotiable between professionals and their clients.