Public comments sought on draft Construction Regulations

Image source: Jozef Polc – 123RF.com

In a statement on Wednesday, the department said the proposed regulations are set to replace the 2014 Construction Regulations, and are open for written submissions from stakeholders, including industry professionals and the public.

A comprehensive copy of the Draft Construction Regulations is available here for comment.

“The draft construction regulations were promulgated on 12 March 2025 for public comments. The Department of Employment and Labour did identify the need to revise the current construction regulations to ensure more stringent requirements are placed upon the client, designer and contractors to prevent construction related incidents,” the department said.

Key changes to the current construction regulations include:

• Revision of existing definitions
• Addition of new definitions
• Redefining the scope of construction work
• Introduction of construction health and safety manager appointment
• Acceptance of electronic health and safety files

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These regulations are applicable to all persons involved in construction work for the duration of the project life cycle; and owners of structures for the future lifetime of the structures. The regulations, however, exclude the construction work carried out in relation to a single storey dwelling for a client who intends to reside in such dwelling upon completion thereof.

“In terms of OHS, interested persons who wish to comment on the draft regulations are invited to do so in writing within 90 days from the date of publication of this notice (12 March 2025). The closing date of submission is 12 June 2025,” the department said.

The department stated that anyone who contravenes or fails to comply with any provision of regulations will be guilty of an offence and upon conviction, may face a fine or imprisonment of up to 12 months.

In the case of a continuous offence, an additional fine of R200 per day, or one day of imprisonment per day of non-compliance may be imposed, with a maximum additional imprisonment period of 90 days.

All representations and comments must be sent by hand to the Director-General of the Department of Employment and Labour for the attention: Hilton Ganesen.