South Africa’s construction industry faces upcoming adjustments to the Construction Regulations proposed in 2024.
These proposed changes were said to be designed to significantly improve health and safety oversight on building sites while shifting more legal responsibility onto both contractors and, critically, their clients.
“These amendments are not just regulatory housekeeping,” says Petra Devereux, Executive Director of the Master Builders Association Western Cape (MBAWC).
“They represent a structural shift in how the industry views and manages risk, particularly in how responsibility is shared across the entire project team from client to contractor to designer.”
The draft regulations, which build on the current 2014 version, were said to reflect the evolving complexity of the built environment, the need for greater safety and a stronger emphasis on accountability.
With consultation closed mid-June, industry leaders, including MBAWC, have been vocal in responding to the draft.
The first set of construction-specific regulations was introduced in 2003 in response to an unacceptably high number of site-related injuries and fatalities. These were updated in 2014 and are now under review again to keep pace with modern construction methods and increasing project complexity.
One of the key features of the new draft is a stronger emphasis on client and designer responsibility. The proposed changes make it clear that safety begins at the drawing board.
“From a practical and legal perspective, these amendments shift accountability upstream,” says Devereux.
“Clients, referred to as ‘Givers of Work’, will now be legally required to provide detailed pre-construction information, conduct risk assessments before the project starts, and ensure the competency of everyone on site. It’s a far more integrated and preventative approach.”
Contractors will also see a rise in compliance obligations.
The draft regulations propose the appointment of a Construction Health and Safety Manager, who must be registered with the South African Council for the Project and Construction Management Professions (SACPCMP), to be responsible for health and safety in specific areas designated to the person.
“The appointment of this person is not mandatory and will be based on the size and potential hazards of each project,” says Deon Bester, occupational health and safety (OHS) manager, MBAWC.
“However, there is some relief for smaller contractors with respect to the appointment of a Health and Safety Officer. The wording has changed from “must appoint” to “may appoint”, depending on the level of risk.”
From the outset, the regulations aim to align more closely with international best practice by embedding safety into the project lifecycle.
However, some industry experts have highlighted gaps, most notably with the absence of ergonomics risk assessment from contractor duties, and lingering ambiguity in how “competence” is defined and enforced.
Still, the proposed requirement for formal and documented risk assessments, with regular reviews and mandatory monthly audits, was said to represent a significant step forward in proactive site management.
For Devereux, this institutionalisation of safety roles is significant. “Appointing qualified safety personnel will institutionalise oversight and could, in our view, directly reduce incidents,” she says.
One of the most debated aspects of the new regulations is the increased liability placed on clients. Developers and clients will now bear joint responsibility for ensuring site safety, and failing to provide adequate pre-construction information or verify contractor credentials could result in criminal charges.
“The message is clear: safety is no longer the sole domain of the contractor,” says Chandré Abrahams, chairperson of the MBAWC Marketing Committee.
“Clients need to be actively engaged, from design inception through to construction. It’s not just about what’s being built, but how it will be used and maintained over its entire lifecycle.”#
This could reshape client-contractor relationships entirely, with contracts requiring new clauses around safety oversight, budgeting for compliance, and more formalised collaboration with design teams.
“We hope this marks the beginning of a continuing and evolving collaborative and informed relationship between clients and contractors,” Abrahams adds. “It’s also an opportunity to elevate client understanding and create safer, more sustainable outcomes across the board.”
The draft regulations represent a clear step forward in improving safety and accountability in South Africa’s construction sector. But the shift will require adjustment from training and certification to the adoption of digital systems and new internal processes.
“The proposed changes are necessary and largely constructive,” says Devereux. “Clarity, practicality, and phased implementation will be critical to ensuring that they don’t inadvertently exclude smaller players or create unintended bottlenecks.”
MBAWC said the regulations aim to reduce site incidents and improve design-stage foresight; their successful implementation will depend on the industry’s collective commitment to evolve and on regulators’ willingness to listen to and incorporate on-the-ground feedback.
“There’s no one-size-fits-all answer,” concludes Devereux. “However, if implemented effectively, these regulations could establish a stronger foundation for a safer, more accountable, and more professional construction industry.
“I also hope it will foster greater collaboration between clients and contractors and support ongoing client education, ultimately benefiting the entire industry.”
Meanwhile, the Council for the Built Environment (CBE), in collaboration with the Department of Public Works and Infrastructure (DPWI), will, on Saturday, hold a media briefing by the Minister of Public Works and Infrastructure, Dean Macpherson, following a meeting with the families of the victims of the George building collapse.
During the closed-door meeting with the families, the Minister will provide feedback on the investigation completed by the Engineering Council of South Africa (ECSA) into the circumstances that led to the building’s collapse, in which 34 people lost their lives and 28 others were seriously
injured.
The Minister will also discuss possible follow-up actions to be taken.
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