Built Environment Professions: briefing

PUBLIC WORKS PORTFOLIO COMMITTEE
19 April 2000
LEGISLATION ON BUILT ENVIRONMENT PROFESSIONS: BRIEFING

Documents handed out:
Copy of slide presentation (Appendix 1)
Statutory Regulation of the Built Environment Professions (Appendix 2)

Chairperson: Chief M Hlengwa

Representatives from the Department of Public Works (DPW): Ms Bici (Deputy Director-General); Mr Annanadale (Director of Legal Services); Ms Mabuntana (Director of Construction Industry Business Development); Mr Hodgson (Chief Director) and Ms Botha (Legal Consultant).

SUMMARY
The Department of Public Works presented a briefing on the new statutory regulation of the Built Environment Professions. The CBE will act as a vehicle of communication between government and the Built Environment Professions and advise government on matters impacting on the built environment.

The Council for the Built Environment Bill [B16-2000] establishes an overarching Council for the Built Environment Professions (CBE). Each of the following six bills establishes a council to regulate each specific built environment profession:
Construction Professions Bill [B22-2000];
Project and Construction Management Professions Bill [B21-2000];
Property Valuers Profession Bill [B20-2000];
Engineering Profession Bill [B19-2000];
Landscape Architectural Profession Bill [B18-2000];
Architectural Profession Bill [B17-2000].

There is an urgent need for this legislation because the existing legislation is in conflict with legislation promulgated since 1994. In terms of existing legislation, the council for each of these professions operates independently and in isolation. These bills have been introduced to overcome the shortcomings in the regulatory system, and to create a climate for ongoing transformation and development of the professions. The new legislation will ensure equitable representation on the councils, now opening up membership to not only exclusively the professions themselves. Two new professions, Project and Construction Management and Landscape Architecture are also now regulated. [See appendix for full briefing by Ms Bici and Ms Mabuntana].

Discussion
Mr Chabuku (ANC) asked what benefit would individual members receive from paying the membership fee.
Ms Shilubana (ANC) enquired if this council excluded members who are qualified by experience, and not with a formal tertiary qualification.
Mr Sigwela (ANC) asked what the point of departure for low cost housing would be, and what is the Council's attitude to the relaxation of building standards.
Mr Slabbert (IFP) asked how the department had determined the numbers for membership of the council, and why only five members of the public will be nominated when there are nine provinces.

Mr Hodgson said that CBE benefits the accreditation of the builder. The fee of approximately R600 per annum is to ensure that the standards of the profession are maintained. This statutory council will maintain the recognition of the profession, as well as ensure that quality training at tertiary institutions continue.
This proposed legislation will open the doors of the professional council to the government and the public. There is now potential for opening up a space for people without a university qualification but with a technicon training to become a professional after some years of experience of their trade. The standards of the council will not be lowered. He said that they did not plan on making low cost housing inferior.

Ms Botha explained to the committee that the numbers for membership to the council are already large. The whole country is free to nominate which is in the spirit of the Constitution in terms of co-operative government. The registration of members to this council is to ensure quality control.

Mr Slabbert said that he is concerned about how this new legislation will affect illiterate people who are qualified by experience in their trade. The chairperson informed Mr Slabbert that this matter should be placed before the committee when the committee deliberates on the bills.

The dates for public hearings on this bill (originally 9 and 10 May) are tentatively set for the 6 and 7 June. Members of the committee expressed concern about the difficulties the rural population could experience when attempting to make timeous submissions, due to their lack of resources and facilities. The committee has therefore agreed to extend the time period for public submissions.

Appendix 1
Statutory Regulation of the Built Environment Professions
Presentation to Portfolio Committee
19 April 2000

Introduction (1)
- 5 year consultative process leading to Draft legislation being published in July 1999
- Package of 7 bills, but only 2 pieces of legislation:
· Draft Bill establishing an overarching Council for the Built Environment Professions
- Draft Bill to regulate each of the 6 Built Environment professions and establishing a council for each profession.

- Current Status
· DPW legislatively and administratively responsible for 4 professions
· Each Council of these professions operates independently
· Current functions of the current councils

Proposed Legislation
· The Council for the Built Environment Professions (CBE)
· Need for the CBE
· Functions and core objectives of the CBE
· Membership of the CBE
· Financing of the CBE
· Councils of the 6 professions
· Consultative process
· Conclusion

The Need for the CBE
· The CBE
- Establishes overarching CBE
- Re-enacts the laws of the existing Councils
- Establishes new Councils for two professions
· Need for the CBE
- Lack of co-ordination - with government and within professions
- Inconsistent standards and procedures
- inability to respond to change, professional development and new disciplines

Functions and Objectives of the CBE
- Provide advice on national policy
- Promote appropriate standards
- Ensure consistent application of policy
- Facilitate inter-ministerial co-operation
- Act as an appeal body
- Obtain recognition for the councils as bodies responsible for education standards
- Review fees published by the councils
- Synthesise annual reports of the councils for submission to the Minister

Membership of the CBE
· Appointed by Minister of Public Works in consultation with other Minister
· Balance of Stakeholder interests and national development priorities
· Broad representation - race, gender, and disability
· Four year membership
· Representation of government, professions and the public
1 - DPW
4 - Nominated by government departments including Provincial participation
12 - From professional councils (2 each)
6 - From each voluntary association (1 each)
5 - Nominated by the public

Financing of the CBE
· Funds of the CBE consist of:
- Membership fees payable to the councils of the professions
- Interest on investment
- Donations, contributions or grants received from any person, institution or government

Councils of the 6 Professions
· Re-establishment of the Councils for the professions that currently exist
· Establishment of two additional councils
· Functions and objectives of the Councils
- Education, training and professional development
- Registration of individuals
- Internal recognition of qualifications
- Identification of functions to ensure health, safety and pecuniary interests of the public and of quality of standards
- Upholding of professional conduct
- Setting up of professional fees
- Advise and provide information to government
· Membership of the Councils

Consultative Process
· Key milestones of the consultative process
- Draft policy document : 1997
- Further consultation : 1997 - 1998
- Policy document approved by Built Environment Forum : Feb. 1999
- One-on-one consultation with professions : June 1999
- Publication for public comment : July 1999
- Cabinet approval : Sep. 1999
- Certification : March 2000
· Support and areas of concern
- Perceived subordination of the Councils to CBE
- The right of appeal by the public or affected professionals to the CBE
Additional costs to the professions of the CBE

Conclusion
· New legislation will enable:
- improved ability for professions to develop and respond to transformation
- consistency and appropriate co-ordination between the professions and with the Minister
- recognition of new professions and of categories of the professions
- improved transparency and accountability of the professions.

Appendix 2
Statutory Regulation of the Built Environment Professions
Submitted by the Construction Industry Development Programme, NPWP, and Legal Services, Department of Public Works

1. INTRODUCTION
In July 1999, following a 5-year consultative process, draft legislation was published for comment, together with the policy document upon which the legislation is based. The draft legislation before Parliament reflects changes incorporated as a result of stakeholder and public comment received and amendments by the State Law Advisor.

This package of legislation incorporates 7 draft Bills. While this appears to be voluminous, it is in fact merely two pieces of legislation:
· One Draft Bill establishing an overarching Council for the Built Environment Professions, and
· A draft Bill to regulate each of the six built environment professions and establishing a Council for each of these professions. Thus, these 6 draft Bills are similar in nature and vary only to accommodate the specifics of each profession.

2. BACKGROUND
Currently, the Department of Public Works is responsible legislatively and administratively for the following four professions:
· Architects, Engineers, Quantity Surveyors and Property Valuers

Each Council for the above professions operates independently and in isolation. In terms of existing legislation (introduced since 1970) their primary functions are
· to reserve work for the specific profession and to ensure professional standards, health and safety and the protection of the public;
· to accredit professional training programmes and institutions;
· to register professionals;
· to establish codes of conduct and disciplinary procedures for members of the respective professions; and
· to establish guidelines on appropriate fee structures.

Some shortcomings in the inherited regulatory system include
· Inconsistencies in the execution of the core functions of the different statutory Councils;
· Lack of proper co-ordination between the different professions with respect to national development priorities;
· Insufficient and, in some cases, no recognition of different categories of professions (eg Architectural Technologists / Technicians);
· Inability to respond to innovation and to recognise new professions;
· Exclusive governance by registered professionals as manifested in their representation on the councils.

3. PROPOSED LEGISLATION
To overcome the problems identified above and to enable a climate for the ongoing transformation and development of the professions, the proposed legislation
· Establishes an overarching Council for the Built Environment Professions;
· Re-enacts the laws on the existing Councils; and
· Establishes new Councils for two professions - Project and Construction Management and Landscape Architects.

3.1 Council for the Built Environment Professions (CBE)
This overarching Council will advise Government on matters impacting on the built environment and will act as a vehicle of communication between Government and the professions.

The Council will manage co-ordination between the professions to support matters of national importance such as resource utilisation, human resource development, public safety, health and the environment. It will enable the recognition of new professions and will promote registration of different categories within the profession, effectively opening up the professions to wider access.

The CBE will ensure consistent application by the different Councils of policy and principle in relation to
· accreditation of training programmes and institutions,
· registration of professionals:
· codes of conduct and disciplinary procedures,
· determination of fee structures.

Finally, in serious disciplinary cases where conviction by an of the professional Councils will lead to deregistration, the CBE will act as an appeal body for the affected professional as well as for aggrieved members of the public.

3.2 Councils for the 6 Professions
Each of the Councils will interact directly with the CBE on broad issues within the scope of the built environment. The functions of these Councils reflect an enhanced performance of the functions previously performed and described above. The critial difference lies in the more democratic composition of each Council and the monitoring role of the CBE. The new legislation takes extensive account of the linkages between the 6 Councils and the CBE.

3.3 Composition of the CBE and the Councils of the 6 Professions
The new legislation challenges the preserve of the professions who currently are exclusively represented on existing Councils. It proposes representation by the professions, the State and the public on the principle of a 60:20:20 proportional representation.

3.4 Financing
The 6 Councils are self-financing. The CBE will cost an estimated R1.5 million per annum and the State will cover a percentage of this amount (from within DPW's existing budget), with the remainder raised from subscriptions of the registered professionals.

4. CONSULTATIVE PROCESS
Recognising the shortcomings and the need for transformation, a structured process of consultation was initiated by the Department in 1994 when the Built Environment Forum of all relevant stakeholders was constituted.

4.1 Key Milestones of the consultative process are as follows:
· Human Sciences Research Council (HSRC) commissioned
to analyse all aspects of professional regulation, also within
international context,1995 to 1996
· Draft Policy Document developed: 1997
· Further consultation with stakeholders: 1997 - 1998
· Policy document refined and approved by Built Environment Forum, Feb 1999
· One on one consultation with professions on Draft laws, June 1999
· Publication for public comment, July 1999
· Cabinet approval, September 1999
· Certification by State Law Advisor, March 2000

4.2 Support and areas of concern
The legislation is broadly supported. Some concerns have been raised in regard to:
· a perceived subordination of the professional Councils to the CBE;
· the right of appeal by the public, or the affected professional, to the CBE in disciplinary cases adjudicated by the Councils;
· the additional cost to the professions of the CBE as an overarching council.

5. CONCLUSION
The new legislation reflects the precepts of our new democracy and will enable:
· improved ability of the professions to develop and to respond to transformation and ongoing change in the modern world;
· consistency and appropriate coordination between the professions, and with the Minister;
· recognition of new professions and of categories of the professions; improved transparency and accountability of the professions.