When must an employer register a project with the cidb?
Under the cidb Regulations, the employer that enters a prime contract above the threshold applies to register it with the cidb within 21 working days after accepting the offer in writing. It then reports the contract's status within 1 month of completion, renewal, termination and final settlement, and notifies any arbitration or litigation.
Three reports to the cidb
Registration within 21 working days of accepting the offer, a status report within 1 month of each of four events, and a dispute notice within 1 month of an arbitration or litigation starting. The employer's duty: the person or organ of state that enters into a prime contract with the contractor, so a contractor carries it only where it lets a prime contract, not when it subcontracts.
| Duty | Window and section | If missed |
|---|---|---|
| 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 |
What the library notes on each duty
Quoted a whole sentence at a time from the library's note on each row.
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) · 21 working days · an offence
- The employer's duty: the person or organ of state that enters into a prime contract with the contractor, so a contractor carries it only where it lets a prime contract, not when it subcontracts.
- A single construction works contract must be registered where it is worth more than ZAR 200,000 for the public sector, or more than ZAR 10 million for the private sector or a public entity listed in Schedule 2 of the Public Finance Management Act 1 of 1999 (reg 18(1A)).
- The client that initiated the project pays the fee (reg 18(4)).
- Mining excavations and certain process plant and materials handling work are exempt (reg 19).
- Regulation 30(1)(b) makes failing to register a project an offence, with a fine of up to ZAR 100,000.
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
reg 21(1) · 1 month · an offence
- Each of the four events (the practical completion certificate, a renewal, a cancellation or termination, and the settling of all amounts owed to the contractor) starts its own month.
- Regulation 30(1)(d) makes a failure to comply an offence with a fine of up to ZAR 100,000.
As employer, tell the cidb of any arbitration or litigation on a registered contract within one calendar month from its start
reg 21(2) · 1 month · an offence
- A court, arbitrator or adjudicator that finds a contractor in default may restrict or prohibit it from tendering to organs of state for up to ten years and must tell the cidb (reg 26), which is why the cidb wants to know a dispute has started.
- Regulation 30(1)(d) makes a failure to comply an offence with a fine of up to ZAR 100,000.
The contractor's side
The contractor's duties are its registration and the grade a tender names.
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.