What does cidb registration require of a contractor?
The Construction Industry Development Board Act 38 of 2000 bars a contractor from public sector construction works awarded by tender or quotation unless it holds a valid cidb registration. Renewal is due 3 months before expiry, a changed particular is notified within 30 days, and a public sector tender names the grade and class of works it needs.
What the contractor and the employer each do
- The contractor holds a registration. 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 (s 20(1), (2)).
- The tender names a grade. To have a public sector tender or expression of interest evaluated, be registered in the grade and class of works it names or higher, or be capable of being registered before evaluation (reg 25(1), (1A), (3)).
- The employer registers the project. As employer, apply to the cidb to register a construction works contract above the threshold within 21 working days after accepting the contractor's offer in writing (reg 18(1A), (1)).
Prompt payment and adjudication
The library holds no South African prompt payment or adjudication regulation, so these pages set out none and do not say whether any is in force. The cidb rows it holds are registration, the tender grade and the employer's reports.
Every duty the library holds from the cidb Act and Regulations
In the order the library holds them. Each is on the Construction Industry Development Board Act, 2000 (Act 38 of 2000) or the Construction Industry Development Regulations, 2004 page too, with how it was read.
| Duty | Window and section | If missed |
|---|---|---|
| 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 | none sets 18(1), (2)A standing duty with no window. | an offenceMissed claims |
| Tell the cidb in writing of any substantive change to the registered particulars within 30 days after the change | 30 dayss 17(1) | a breach of contractMissed claims |
| Apply to the cidb to renew a registration three months before it expires, or on the sale or transfer of the business, and pay the renewal fee | 3 monthss 20(1), (2) | the claim is barredMissed claims |
| Pay the cidb's annual fee for the highest grade held on the date of registration and on each of the next two anniversaries of registration | none setreg 35(2)The anniversary is the deadline itself, so no window is recorded. | the claim is barredMissed claims |
| Confirm the registered particulars to the cidb on the approved form on each anniversary of registration | none setreg 36(2)The anniversary is the deadline itself, so no window is recorded. | the claim is barredMissed claims |
| Give the cidb a current tax clearance certificate within three months after the previous one expires | 3 monthsreg 36(3) | an offenceMissed claims |
| To have a public sector tender or expression of interest evaluated, be registered in the grade and class of works it names or higher, or be capable of being registered before evaluation | none setreg 25(1), (1A), (3)That day count binds expressions of interest alone, so no window is recorded. | the claim is barredMissed claims |
| As employer, apply to the cidb to register a construction works contract above the threshold within 21 working days after accepting the contractor's offer in writing | 21 working daysreg 18(1A), (1) | an offenceLapsed compliance |
| As employer, give the cidb a status report on a registered contract within one calendar month of practical completion, renewal, cancellation or termination, and final settlement | 1 monthreg 21(1) | an offenceLapsed compliance |
| As employer, tell the cidb of any arbitration or litigation on a registered contract within one calendar month from its start | 1 monthreg 21(2) | an offenceLapsed compliance |
In this guide
- RegistrationKeeping a cidb registration valid: renewal 3 months before expiry, changed particulars within 30 days, the annual fee and confirmation, tax clearance.
- The tender gradecidb grading on a public sector tender: register in the grade and class of works it names or higher, joint ventures, and why the grade table is not here.
- Employer dutiesThe employer's cidb duties on a contract above the threshold: register it within 21 working days, report its status within 1 month, and notify a dispute.
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.