OPRACIV_ OFFICE PRACTICE IV

PROFESSIONAL PRATICE

B.TECH. ARCHITECTURAL TECHNOLOGY

Lecture 02
Impact of law on Architecture
Name: Lawrence Ogunsanya
Email : ogunsanya@ukzn.ac.za
lawrencesanya@yahoo.com

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 Introduction
• The law imposes a duty on Architects to exercise
reasonable skill and care in carrying out their practice as
professionals.

• The standard of care is to exercise such skill and care

which would be expected of a reasonably competent
Architect carrying out the same duties as that of the
Architect who is being judged.
• The importance of having adequate professional
indemnity insurance coverage can only be appreciated in
the context of the scope and extent of an Architect’s
professional duties and the potential liabilities
associated with the exercise of these duties.
 What is law?
• Law is a system of rules and guidelines which are
enforced to govern behaviour.
• Laws are made by governments, specifically by
their legislatures.
• It shapes politics, economics and society in
countless ways and serves as a social mediator of
relations between people.
• Law is important because it acts as a guideline as
to what is accepted in society. without it there
would be chaos and conflicts between social
groups, society, construction, etc.
 SOURCES OF LAW
• THE CONSTITUTION
– SUPREME LAW OF THE LAND
– ALL LAW IS SUBJECT TO THE CONSTITUTION
• STATUTES
– ACTS OF PARLIAMENT
– REGULATIONS
– PROVINCIAL LEGISLATION
– MUNICIPAL BYLAWS
• THE COMMON LAW
– ROMAN DUTCH LAW
– JUDICIAL INTERPRETATIONS
• THE CUSTOMARY LAW
• WRITTEN AND UNWRITTEN LAW WHICH DEVELOPS FROM
• THE CUSTOMS OF A COMMUNITY.

• INTERNATIONAL LAW
 Impact of the law on
Architecture
• The law impacts the practice of architecture,
through common law, legislation (statutory law),
laws of contract and tort.
• Contract law (i.e. JBCC) is the most concern to
architects on a daily basis as it involves:
• Employee contract
• The architect’s appointment
• The administration of construction contracts
• The architect’s role as a member of the design team
delivering a project
 Impact of the law on
Architecture
• Others laws:
• Bye laws
• Building codes
• Planning law
• Environmental law
• Property law
• Land law
• Health and Safety
 Impact of the law on
Architecture
• BYELAWS- These are the regulations that are
generally made by local governments or the
municipal departments of State governments,
for ensuring structural safety, public health
and hygiene.
• Byelaws are different for different areas. This
governs the height of building, coverage of
building at ground, set-backs, etc.
 Impact of the law on
Architecture
• ZONING BYELAWS-
• controls the use of land in our community. It
includes:
• how land may be used
• where buildings and other structures can be
located
• The lot sizes and dimensions, parking
requirements, building heights and setbacks
from the street
 Impact of the law on
Architecture
• BUILDING CODES
• A building code is a document containing standardized
requirement for the design & construction of most types of
building. (i.e. SANS 10400)
• Codes regulate building construction & building use in order to
protect the health, safety & welfare of the occupant.
• Codes express all aspects of construction including structural
integrity, fire resistance, safe exists, lighting, electrical, energy
conservation, plumbing, sanitary facilities, ventilation, seismic
design & correct use of construction materials.
• Building codes classify standard by use & apply different
standards to each classification. For example, schools & office
 Impact of the law on
Architecture
• PLANNING LAW
• SPATIAL PLANNING AND LAND USE MANAGEMENT ACT:
• to provide a framework for policies, principles, norms and
standards for spatial development planning and land use
management
• to provide for the inclusive, developmental, equitable and
efficient spatial planning at the different spheres of
government; to provide a framework for the monitoring,
coordination and review of the spatial planning and land use
management system
 Impact of the law on
Architecture
• LAND LAW
• WHITE PAPER ON LAND REFORM:
• Redistribution aims to provide the disadvantaged and
the poor with access to land for residential and
productive purposes.
• Land restitution covers cases of forced removals that
took place after 1913. This is being dealt with by a
Land Claims Court and Commission established under
the Restitution of Land Rights Act 22 of 1994.
• Land tenure reform aims to strengthen the rights of
people whose land tenure is insecure as a result of
discriminatory laws and practices in the past.
 Impact of the law on
Architecture
• ENVIROMENTAL LAW
• Environmental law encompasses natural resource
conservation and utilization, as well as land-use
planning and development.
• Issues of enforcement are also considered, together
with the international dimension.
• Environmental law encompasses the following three
"distinct but inter-related areas of general concern.
They are:
• land-use planning and development;
• resource conservation and utilisation; and
• waste management and pollution control.
 Impact of the law on
Architecture
• PROPERTY LAW
• The law of property is concerned with items that have
economic value.
• These items are commonly referred to as things, or a res.
• The law of property thus seeks to regulate the relationships
between persons and these things,
• Property law is the area of law that governs the various
forms of ownership and tenancy in real property (land as
distinct from personal or movable possessions) and in
personal property, within the common law legal system.
• In the civil law system, there is a division between movable
and immovable property.
 Impact of the law on
Architecture
• HEALTH AND SAFETY
• Health and safety law is a body of law that protects
the health, safety and welfare of the general public
and certain defined sectors of the population such as
employees.
• The regulatory framework for health and safety will
usually operate alongside a civil law system which
would allow individuals to bring a lawsuit against a
person, company or organization that may have been
liable for personal injury or even death.
Questions

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