Construction regulations in South Africa: what the client, principal contractor and contractor must each do
Headcore
In short
The Construction Regulations, 2014 set South Africa's health and safety duties for construction work. The client prepares a baseline risk assessment and a health and safety specification, appoints a competent principal contractor in writing, approves its health and safety plan and makes sure audits run at least every 30 days. The largest projects also need a construction work permit.
What are the Construction Regulations, 2014?
The Construction Regulations, 2014 are South Africa's health and safety rules for construction work, made under section 43 of the Occupational Health and Safety Act, 1993 (the OHS Act) and published as Government Notice R. 84 in Government Gazette 37305 on 7 February 2014. They apply to "all persons involved in construction work" (regulation 2(1)).[1]
Construction work means any work in connection with "the construction, erection, alteration, renovation, repair, demolition or dismantling of or addition to a building or any similar structure", the construction, maintenance or demolition of roads, railways, bridges, dams, sewers and water reticulation, and the moving of earth, clearing of land, excavation and piling (regulation 1).[1]
The definition of a structure is wide: steel structures, pipelines, cables, fixed vessels, towers, tanks, scaffolds, and fixed plant where the work includes installing or dismantling it and a person risks falling (regulation 1).[1]
The Department of Labour's 2017 guidelines limit construction work "to building works and civil engineering works", read with that definition of a structure; other work is not covered by the Construction Regulations. Section 8(1) of the OHS Act reads: "Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees."[2][5]
The Construction Regulations are not the National Building Regulations, which are made under the National Building Regulations and Building Standards Act, 1977 (regulation 1).[1]
Who is the client, the principal contractor and the contractor?
Under the Construction Regulations, the client is "any person for whom construction work is being performed", the principal contractor is "an employer appointed by the client to perform construction work", and a contractor is "an employer who performs construction work" (regulation 1).[1]
The Department's guidelines read the client as every person or entity "who enters into a contract to have construction work executed on their behalf", so a company that contracts out a building repair at its own plant is the client.[2]
The Construction Regulations do not use the word sub-contractor: a sub-contractor is a contractor, and a contractor that appoints another takes on the principal contractor's duties in regulation 7(1)(b) to (g) "as if he or she were the principal contractor" (regulation 7(3)).[1][2]
Where a client specifies which contractors a principal contractor must appoint, the guidelines say the duty in regulation 7(1)(c)(iii), to be reasonably satisfied before appointment that a contractor has the necessary competencies and resources, "shall be applicable to the said client" (note (c) to regulation 5).[2]
A client may act through an agent, a competent person appointed in writing: compulsory where a construction work permit is needed, optional where the work is notifiable (regulation 5(5) and (6)). The agent must be registered with a statutory body the chief inspector approved (regulation 5(7)(b)); Notice R. 85 of 2014 approved the SACPCMP, which registers Construction Health and Safety Agents.[1][4]
Under section 37(1) of the OHS Act, when an employee does or omits to do an act that would be an offence for the employer, the employer "shall be presumed to have done or omitted to do that act" unless the conditions listed there are proved. Section 37(2) applies this "in the case of a mandatary of any employer or user, except if the parties have agreed in writing to the arrangements and procedures between them to ensure compliance by the mandatary with the provisions of this Act". A mandatary "includes an agent, a contractor or a subcontractor for work" (section 1).[5]
What must the client do before construction work starts?
Before construction work starts, the client must, on any project except a single-storey dwelling for a client who will live in it (Construction Regulations, regulations 2(2) and 5(1)):[1]
- prepare a baseline risk assessment for the project (regulation 5(1)(a));[1]
- prepare a site-specific health and safety specification based on it, give it to the designer and make sure the design takes it into account (regulation 5(1)(b) to (d));[1]
- put the specification in the tender documents and make sure tenderers "have made adequate provision for the cost of health and safety measures" (regulation 5(1)(f) and (g));[1]
- make sure the principal contractor "has the necessary competencies and resources to carry out the construction work safely" (regulation 5(1)(h));[1]
- make sure, before any work starts, that every principal contractor is registered and in good standing with the Compensation Fund or a licensed compensation insurer (regulation 5(1)(j));[1]
- appoint every principal contractor in writing (regulation 5(1)(k));[1]
- negotiate the principal contractor's health and safety plan and then "finally approve that plan for implementation" (regulation 5(1)(l)).[1]
What are the duties of the client, principal contractor and contractor?
In South Africa, the Construction Regulations repeat the same duties at each level: the client over the principal contractor (regulation 5), the principal contractor over each contractor (regulation 7(1)), and a contractor over any contractor it appoints (regulation 7(3)).[1]
| Duty | Client | Principal contractor | Contractor |
|---|---|---|---|
| Health and safety document | Baseline risk assessment and specification, 5(1)(a) and (b) | Site-specific plan based on the specification, 7(1)(a) | Plan based on the relevant sections of the specification, 7(2)(a) |
| Approving the plan below | The principal contractor's plan, 5(1)(l) | Each contractor's plan, 7(1)(c)(x) | Demonstrates its own plan to the principal contractor before starting, 7(2)(a); approves the plan of any contractor it appoints, 7(3) |
| Competence and resources | Of the principal contractor, 5(1)(h) | Of each contractor before appointment, 7(1)(c)(iii) | Of any contractor it appoints, 7(2)(c) |
| COIDA good standing before work starts | Every principal contractor, 5(1)(j) | Every contractor, 7(1)(c)(iv) | Every contractor it appoints, 7(3) |
| Written appointment | Every principal contractor, 5(1)(k) | Each contractor, for its part of the project, 7(1)(c)(v) | Each contractor it appoints, 7(3) |
| Audits and document checks | At least every 30 days; report to the principal contractor within 7 days, 5(1)(o) and (p) | Site audits at least every 30 days, 7(1)(c)(vii) | The same, for any contractor it appoints, 7(3) |
| Stopping unsafe work | Any contractor, 5(1)(q) | Any contractor, 7(1)(c)(viii) | Any contractor it appoints, 7(3) |
| Health and safety file | Makes sure the principal contractor keeps it, 5(1)(s) | Keeps it on site; hands a consolidated file to the client at completion, 7(1)(b) and (e) | Keeps its own file on site, 7(2)(b) |
Sources:[1]
Do I need a construction work permit or a notification?
In South Africa, the client needs a construction work permit for work that will exceed 365 days and involve more than 3,600 person days, or whose tender value is in CIDB grade 7, 8 or 9 (Notice 850 of 2018); other construction work that includes excavation, work at a height, demolition or explosives is notified by the contractor (regulation 4(1)).[3][1]
| Question | Construction work permit | Notification |
|---|---|---|
| When it applies | Work starting from 7 August 2018 that will exceed 365 days and involve more than 3,600 person days, or whose tender value is in CIDB grade 7, 8 or 9 | Other construction work that includes excavation, working at a height where there is a risk of falling, demolition of a structure or the use of explosives |
| Who applies | The client, to the provincial director; the permit is issued to the client | The contractor, to the provincial director; the form is signed by the principal contractor and the client |
| Deadline | At least 30 days before work starts; the permit is due within 30 days of a complete application | At least 7 days before work starts |
| Form | Annexure 1, with the specification, the health and safety plan and the baseline risk assessment, plus proof of the agent's appointment and the principal contractor's COIDA good standing | Annexure 2, naming the client, principal contractor, designer, supervisors, site, dates and number of people |
| Client's agent | Compulsory (regulation 5(5)) | Optional; an inspector decides if disputed (regulation 5(6)) |
| Before work may start | Permit and site-specific number issued; the number displayed at the main entrance | Form sent to the Department |
What must the client check during the work and at handover?
During construction work, the client must take reasonable steps to see that each contractor's health and safety plan is implemented and maintained, make sure audits and document checks run at least once every 30 days, and stop any contractor from an activity that threatens health and safety and departs from the specification and plan (Construction Regulations, regulation 5(1)(n), (o) and (q)).[1]
When the client changes the design or the work, it must give the principal contractor enough health and safety information and resources to do the changed work safely (regulation 5(1)(r)).[1]
If a fatality or permanent disabling injury occurs, the client must make sure the contractor reports it to the provincial director under section 24 of the OHS Act, with the measures it will take to keep the site safe (regulation 5(3)).[1]
At completion, the principal contractor hands the client a consolidated health and safety file with "a record of all drawings, designs, materials used and other similar information concerning the completed structure" (regulation 7(1)(e)).[1]
The owner of a structure must have it inspected by competent persons at least once every six months for the first two years and yearly after that, and keep the inspection and maintenance records for an inspector (regulation 11(2)).[1]
Breaching regulations 3 to 30 is an offence carrying a fine or imprisonment of up to 12 months, plus up to R200 or one day's imprisonment for each day a continuing offence goes on, the additional imprisonment capped at 90 days (regulation 33).[1][2]
Are the Construction Regulations being replaced?
Not as far as the Government Gazette listing on gov.za shows (checked on 7 November 2026): the newest Construction Regulations notice there is a 2025 draft, so the 2014 regulations remain the text in force, with the permit triggers of Notice 850 of 2018.[6][1][3]
The Department of Employment and Labour published that draft on 12 March 2025 for 90 days of public comment (GN 5983, Government Gazette 52267); its regulation 33(1) reads "The Construction Regulations, 2014 are hereby repealed".[6]
Among the draft's key changes, the Department lists a redefined scope of construction work, the appointment of a construction health and safety manager, and the acceptance of electronic health and safety files.[7]
The draft would also move the permit triggers to work exceeding 365 days, a works contract above CIDB grade 7, or more than two storeys above ground, and have the contractor notify all other construction work (draft regulations 3(1) and 4(1)).[6]
What to put in your request
- What the work builds, alters, repairs or dismantles, and whether it includes excavation, work at a height with a risk of falling, demolition or explosives.[1]
- The planned duration in days, the estimated person days and the CIDB grade of the contract value.[3]
- Your baseline risk assessment and site-specific health and safety specification, attached so every quote prices the same requirements.[1]
- Each quote to show its allowance for health and safety measures.[1]
- The proposed construction manager and, where the job needs one, a construction health and safety officer registered with the SACPCMP.[1][4]
- A COIDA letter of good standing, or proof of cover with a licensed compensation insurer, valid on the start date.[1][2]
- The start date, leaving at least 30 days for a permit application or 7 days for a notification.[1][3]
- If a permit is needed: your agent's name and SACPCMP registration as a Construction Health and Safety Agent.[1][4]
- Your audit schedule: at least every 30 days, with the report back to the principal contractor within 7 days.[1]
- The handover: a consolidated health and safety file with all drawings, designs and materials used.[1]
Questions buyers ask
Is the permit threshold still R13 million or CIDB grade 6?
No. Regulation 3(1) as published in 2014 set more than 180 days, more than 1,800 person days, or a works contract of R13 million or more or CIDB grading level 6. Notice 850 of 2018, the chief inspector's "temporary exemption of Construction Regulations 3(1)", names no end date and, for work starting from 7 August 2018, sets more than 365 days and more than 3,600 person days, or a tender value in CIDB grade 7, 8 or 9.[1][3]
What is regulation 7 of the Construction Regulations?
Regulation 7 sets the duties of the principal contractor and the contractor. Each prepares a health and safety plan and keeps a health and safety file on site; the principal contractor appoints, checks and audits the contractors below it and hands the client a consolidated file at completion; both make sure their employees hold valid medical certificates of fitness.[1]
Can the client hand its duties to the principal contractor?
No. Regulation 5 places the client's duties on the client, and the principal contractor's duties under regulation 7 sit beside them: the client still approves the principal contractor's plan, makes sure audits run at least every 30 days and must stop unsafe work (regulation 5(1)). A client that appoints an agent does so "without derogating from his or her health and safety responsibilities or liabilities" (regulation 5(5) and (6)).[1]
Where can I find the Construction Regulations, 2014 as a PDF?
The official text is Government Notice R. 84 in Government Gazette 37305 of 7 February 2014, on gov.za. The Department's 2017 guidelines (GN 489, Government Gazette 40883) reprint the regulations with explanatory notes, and Notice 850 of 2018 (Government Gazette 41839) holds the permit thresholds for work starting from 7 August 2018.[1][2][3]
Sources
- Department of Labour (Government Gazette 37305), Construction Regulations, 2014 (GN R. 84), 7 February 2014.
- Department of Labour (Government Gazette 40883), Construction Regulations, 2014: Guidelines (GN 489), 2 June 2017.
- Department of Labour (Government Gazette 41839), Notice regarding application for construction work permit of construction work in terms of the Construction Regulations, 2014 (Notice 850), 17 August 2018.
- Department of Labour (Government Gazette 37305), Notice of approval of a statutory body as contemplated in regulation 5(8) (GN R. 85), 7 February 2014.
- Government Gazette 14918, Occupational Health and Safety Act 85 of 1993, 2 July 1993.
- Department of Employment and Labour (Government Gazette 52267), Draft Construction Regulations: invitation of public comments (GN 5983), 12 March 2025.
- Department of Employment and Labour, Employment and Labour invites public comments on repeal of Construction Regulations (media statement), 12 March 2025.