Skip to content
Demiton
Demiton
South Africa guide

South Africa

Which laws set a contractor's cidb and safety duties in South Africa?

Two sets of instruments do most of the work on a South African construction job. The cidb Act and its Regulations decide who may carry out public sector work, at what grade, and what the employer reports. The OHS Act, the Construction Regulations 2014 and the General Administrative Regulations set the permit, the safety plan and file, and incident reporting.

The cidb: registration and the tender grade

No cidb registration, no public sector work awarded by tender or quotation: do not undertake, carry out or complete public sector construction works awarded by competitive tender or quotation unless registered with the cidb and holding a valid registration (s 18(1), (2)). Renewal is due 3 months before expiry, a changed particular is notified within 30 days, and the employer registers a contract above the threshold within 21 working days.

How cidb registration works, or read every duty the library holds from the instruments:

Site safety: the OHS Act and the Construction Regulations 2014

The client applies for a construction work permit at least 30 days before permit-scale work starts (r 3(1), (2)). An incident that kills, injures or makes a person ill goes to the provincial director within 7 days (r 8(1)(a)). And until an inspector consents: do not disturb the site of an incident in which a person died, is likely to die or lost a limb or part of a limb, or remove anything involved, without an inspector's consent (s 24(2)).

How the Construction Regulations work, or read every duty the library holds from the instruments:

What this page is, and is not

It is the section text this library holds for South Africa's Construction Industry Development Board Act, 2000 (Act 38 of 2000), Construction Industry Development Regulations, 2004, Construction Regulations, 2014, General Administrative Regulations, 2003 and Occupational Health and Safety Act, 1993 (Act 85 of 1993), with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Acts, the Regulations and the contract you signed.

Demiton does not yet track South African projects. These pages set out the duties; the product does not run these checks on a South African job today.

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.

Every document we hold

Common questions

Which laws set construction duties in South Africa?

Two sets of instruments do most of the work on a South African construction job. The cidb Act and its Regulations decide who may carry out public sector work, at what grade, and what the employer reports. The OHS Act, the Construction Regulations 2014 and the General Administrative Regulations set the permit, the safety plan and file, and incident reporting.

Who must register with the cidb?

Do not undertake, carry out or complete public sector construction works awarded by competitive tender or quotation unless registered with the cidb and holding a valid registration (s 18(1), (2)). Exempt from registration: a homebuilder registered under the Housing Consumer Protection Measures Act 95 of 1998 for a home, and a contract substantially for labour or for supplies (reg 4).

When is a construction work permit needed?

Apply in writing to the provincial director for a construction work permit at least 30 days before permit-scale construction work is to start (r 3(1), (2)). As gazetted, r 3(1) applies where the work will exceed 180 days, involve more than 1,800 person days, or the works contract is worth ZAR 13 million or more or CIDB grading level 6. The Chief Inspector's temporary exemption, Notice 850 of 2018 (Government Gazette 41839, 17 August 2018, read in the OpenGazettes archive copy), narrows the trigger for work starting from 7 August 2018 to work that will exceed 365 days and involve more than 3,600 person days, or whose tender value limit is CIDB grade 7, 8 or 9. No later notice withdrawing or replacing it was found, and whether it is still in force was not confirmed.

How fast must an incident be reported?

Give the provincial director notice of an incident in which a person was killed, injured or made ill within 7 days, on form WCL 1 or WCL 2 (r 8(1)(a)). A major incident or dangerous occurrence under s 24(1)(b) or (c) is reported forthwith under r 8(1)(b) instead.

Does Demiton track South African projects?

Not yet. These pages set out the duties the library holds for South Africa; the product does not run these checks on a South African job today.

Does Demiton hold every South African duty?

No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.