CONTRACTOR’S CODE OF CONDUCT
Revised by IN-LINE Architecture, upon instruction from
Belle Rio Estate Homeowners Association
(July 2024 Rev 01)
© FLC van Schalkwyk
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1. PREAMBLE
The purpose of the Contractor’s Code of Conduct is to facilitate the implementation
of these requirements over any person or entity engaging in construction and related
activities at Belle Rio Estate. Any party engaging in such activities is obliged to comply
with the Contractor’s Code of Conduct, and to acknowledge acceptance and to
sign agreement thereto prior to the commencement of any work.
This document forms an addendum to the Belle Rio Estate Constitution of the Belle Rio
Estate Homeowners’ Association, and is to be read in conjunction with:
• Homeowner Association House Rules.
• The Architectural Guidelines.
• Any other rules and regulations Belle Rio Estate’s Homeowners’ Association may issue
from time to time.
The HOA Committee reserves the right to make amendments and/or additions to the
Contractor’s Code of Conduct.
2. PARTIES
2.1
2.2 2.3 2.4
The parties to this agreement are:
The Belle Rio Estate Homeowners Association.
The person/partnership/company/close corporation/trust (as applicable)
recorded as the Owner in the Signatories and recordables attached hereto.
The person/partnership/company/close corporation/trust (as applicable)
recorded as Contractor in the Signatories and recordables attached hereto.
The person/partnership/company/close corporation/trust (as applicable)
recorded as Architect (Principal Agent for the Owner) in the Signatories and
recordables attached hereto.
The parties agree as set out below.
3. INTERPRETATION
3.1
The Table of Contents and clause headings are for convenience and shall be
disregarded in construing this Agreement.
Unless the context clearly indicates a contrary intention:
• The singular shall include the plural and vice versa.
• A reference to any one gender shall include the other gender.
• A reference to natural persons includes legal persons and vice versa.
Words and expressions defined in any sub-clause shall, for the purpose of the
clause to which that sub-clause form’s part and in subsequent clauses, unless
inconsistent with the context, bear the meaning assigned to such words and
expressions in such sub-clause.
When any number of days is prescribed in this Agreement, the same shall be
reckoned exclusively of the first and inclusively of the last day unless the last
day falls on a Saturday, Sunday or proclaimed public holiday in the Republic
3.2
3.3
3.4
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3.5
3.6
3.7
3.8
of South Africa, in which event the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
Where figures are referring to in words and in numerals, if there is any conflict
between the two, the words shall prevail.
If any provision of this Agreement is in conflict or inconsistent with any Law, the
invalidity of any such provision shall not affect the validity of the remainder of
the provisions hereof.
If any provision in a definition in the Agreement is a substantive provision
conferring rights or imposing obligations on any of the parties hereto then,
notwithstanding that it is only in the definition clause of this Agreement, effect
shall be given to it as it were a substantive provision in the body of this
agreement.
The Schedule and annexures to this agreement are deemed to be
incorporated in and form part of this agreement.
4. DEFINITIONS
In these Rules, unless the context indicates a clear contrary intention, the following
words and expressions have the meaning:
Agreement means this Agreement and any annexure/s thereto. Approved Building Plans means building plans as defined under Building Plans which
have been formally approved by the Architectural Committee and the Local
Authority for construction.
Architect means the firm of architects appointed to carry out the design of the Works.
Architectural Guidelines means the Belle Rio Estate design guidelines drawn up by In-
Line Architects, Langebaan. All designs shall strictly comply with the guidelines as set
down, which may be amended from time to time in compliance with instructions and
revisions issued by the relevant authority, or improvements and clarifications set down
by the HOA.
Building Plans means drawings and specifications for the construction of any new
structure, as well as any alterations, additions, or renovations thereto, and for the
erection of any ancillary structure such as, but not limited to, fencing, walling, retaining
structures, pergolas, carports, swimming pools and the laying of paving or
landscaping of gardens.
MANAGER means HOA representative responsible for ensuring building controls as per
this document.
Building Site means any property in Belle Rio Estate on which building activities take
place.
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Construction Vehicle means any vehicle used by the Contractor, his sub-contractors, suppliers or agents in the process of construction, and shall include motor cars, LDV’s, trucks compressors, excavation plant, cranes and the like.
Contractor is any person who engages in the process of the construction/erection or
provision of services related to new dwellings, the alteration, addition or renovation to
existing structures, the erection of fencing, walling, retaining structures, pergolas,
carports, swimming pools, the laying of paving and landscaping of gardens, etc., and
shall include sub-contractors, suppliers or agents employed by the party who has
contracted to provide such services on behalf of an Owner or a Resident.
Erf means any piece of land in the Belle Rio Estate development with its own erf
number and a title which is registered in the Deeds Office.
Controlling Architect: – Architectural Practice appointed to be a member of the
Architectural Committee.
External Practical Completion Certificate is the certificate issued by the Controlling
Architect certifying that the site levels are satisfactory and that the dwelling complies
with the plans approved and that landscaping may commence.
External Works Completion Certificate means the certificate issued by the Controlling
Architect after the landscaping and all other site works have been satisfactorily
attended to and made good.
Health and Safety Act means the Occupational Health and Safety Act, No 85 of 1993. HOA means the Homeowner Association of Belle Rio Estate. Local Authority means the Kai! Garib Municipality. Neighbour means any Resident adjacent to a Building Site, whether separated by an
adjacent vacant Erf or not.
NHBRC means the National Home Builders Registration Council. Owner means the registered owner of a single residential property Belle Rio Estate,
and the party who has entered into a building contract with the Contractor.
Resident means any person residing in Belle Rio Estate, whether an Owner or a tenant,
or a member of the household or a visitor of an Owner or a tenant.
Schedule means any annexure herein listed under the heading “SCHEDULES” which
forms part of this Agreement.
Vehicle means any mode of transport, whether for private or construction use,
including but not limited to a motorcar, motorcycle, LDV, truck, caravan, golf cart,
quad bike, caravan, trailer or boat.
Works means any construction related outcome of activities related to the
construction/erection of new dwellings, public or utility structures, the alteration,
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addition or renovation to existing structures, the erection of fencing, walling, retaining structures, pergolas, carports, swimming pools, the laying of paving and landscaping of gardens, and the like.
5. CONTRACTOR QUALIFICATION
5.1
Qualification of Contractors
Contractor shall comply with the following minimum requirements:
5.1.1 Be registered with the NHBRC and within the limit of building units
allowed to be constructed in terms of such registration.
5.2
Compliance
5.2.1 Be registered in terms of Workers Compensation requirements.
5.2.2 Sign a letter of undertaking to comply with the conditions of this
5.2.3
agreement and all conditions, statutory or otherwise, related thereto.
Provide proof that adequate insurance is or can be provided, including
Contractors All Risk cover equal to the value of the building work plus
10%, Public Liability cover of R10,000,000 (Ten million rand), SASRIA cover,
and fully comprehensive motor Vehicle insurance for Vehicles gaining
access to the Development Site.
5.2.4 Provide credentials of the company principal and the responsible
person/site agent.
6. GENERAL COMPLIANCE
6.1
General Requirements and Rules
6.1.1 Architectural Guidelines
The Contractor and Owner undertake that throughout the process of
construction they will not knowingly deviate from the provisions of the
Architectural Guidelines. The HOA reserves the right to amend these
guidelines from time to time and undertakes to keep the relevant parties
informed of such updates in writing.
6.1.2 Precedence Documentation controlling the design and building
process have priority in the following order: The Architectural Guidelines;
this Agreement; the building contract concluded between the Owner
and the Contractor. Where provisions in the documentation are in
conflict, the higher order document will take precedence.
6.1.3
No variation
The Contractor shall, in respect of the improvements, always work strictly
in accordance with the provisions of the approved plans or approved
variations thereof as submitted and approved in terms of the
Architectural Guidelines and by the Local Authority, and the Contractor
shall in no way deviate from such provisions and approvals.
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6.1.4 Co-operation
The Owner undertakes to co-operate fully with the Contractor, the Architect and the HOA to ensure compliance with the spirit and intent of this Agreement. The Owner acknowledges that he has employed the Contractor and is responsible to ensure compliance with this Agreement, the Architectural Guidelines and any rules made in terms thereof from time to time.
6.1.5 Action against non-compliance
6.1.6
6.1.7
The HOA reserves the right to act against parties who do not comply
with the requirements of this Agreement. This action shall include but not
necessarily be limited to the imposition and levying of penalties and
fines, removal of personnel from the building site, barring of personnel or
companies from Belle Rio Estate, or legal action.
Penalties and fines
(i) A Contractor or sub-contractor in breach of the provisions and
regulations set down in terms of this Agreement may have penalties and
fines imposed and levied against them in terms of the Schedule
included under ANNEXURE A of this Agreement.
(ii) An Owner in breach of the provisions and regulations of this
Agreement and/or the other documents referred to in the pre-amble
above, may have penalties and fines imposed and levied against them
as more fully set out in ANNEXURE C of this Agreement.
Penalties and fines are payable immediately upon the issuing thereof in
writing, and the offending party will be denied access to the Site
pending payment thereof.
The party upon whom a penalty or fine has been imposed in term of this
Agreement may, after payment thereof, appeal against the decision in
writing to the HOA within 7 (seven) days of the issuing of such penalty.
Such appeal must be accompanied by a detailed report stating the
grounds for the appeal. On receipt of an appeal, the HOA will instruct
the Architectural Committee to investigate of the incident within 21
(twenty-one) days, and to submit a written report to the HOA with a
recommendation. The HOA shall issue his final decision within 7 (seven)
days after receipt of the Architectural Committee’s report and
recommendation. The subsequent decision by the HOA shall be final.
Privacy and rights of residents
The Contractor shall ensure that building activities are performed in a
manner that will not cause damage to neighbouring property, and with
a minimal disturbance or inconvenience to Neighbours. This includes
noise, dust and waste control, and the careful storage of materials.
Where building activity takes place immediately adjacent to an existing
dwelling, the Contractor shall make every possible effort to respect the
privacy of the Neighbours, including the provision of adequate
screening opposite window and door openings of the adjacent
property, in accordance with clause 8.9.
6.1.8 Working hours.
Working hours and hours for the delivery of materials are set as follows:
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Monday – Fridays : 07h00 to 18h00 The Contractor shall plan his work that adequate time is allowed for daily closure to ensure that personnel are off the Site by the close-of-work time stipulated. The Contractor may submit a written request to the MANAGER for permission to work outside of these standard working hours. Such request must be lodged with the MANAGER at least 2 (two) working days prior to the intended extra work period and shall include a detailed schedule of the scope of works to be undertaken. No work or deliveries shall be permitted on Sundays, public holidays, and the official Builder holiday normally 15 December to 15 January (both days inclusive).
6.1.9 Communal and private facilities
The Contractor shall not make use of any of the communal or private
home facilities, such as water supply points, ablution facilities, rest
places, etc.
6.1.10 Lunch and tea breaks
Personnel shall not leave their area of work for lunch or tea breaks.
Where a Contractor is building several units near each other a common
eating area may be established, provided that it is located on a Building
Site under the control of the Contractor.
6.1.11 Fires and fireworks
No explosives, crackers, fireworks, or items of similar nature may at any
time be exploded, lit or operated on any part of the.
6.1.12 Liquor, illegal substances, and firearms
Liquor, illegal substances, and firearms are not permitted on any part of
the.
6.1.13 Watchmen
No Contractor watchmen or employees will be allowed to remain on
site outside of working hours. Only watchmen from approved Security
Companies will be allowed.
6.1.14 Vehicles
Due to the road surfacing and limited road widths and radii the following
restrictions are placed on Vehicles entering the development.
Only non-articulated Vehicles without trailers of the following
specifications will be allowed:
Maximum length: 9,1m
Maximum width: 2,6m
Maximum gross mass: 20,000kg
Maximum axle weight: 8,000kg
Only roadworthy, licensed Vehicles will be allowed onto the
development.
Vehicles may not be parked in such a position that they cause an
obstruction to other road users.
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6.1.15 Deliveries - General
When placing orders, the Contractor is to ensure that the supplier includes the Erf number on the delivery note. Once a delivery is completed, the Contractor is to ensure that delivery Vehicles leave the immediately. The Contractor will pre-brief delivery Vehicle drivers on the rules governing deliveries. Contractors will always be responsible for delivery Vehicles and attendant personnel while on site. All delivery Vehicles are subject to Vehicle size restrictions regulations. All deliveries will be limited to the times as defined under clause 6.1.8. Deliveries to the Building Sites will only be permitted from the street frontage of the site. The Contractor’s appointed responsible person must be in attendance to receive and supervise deliveries to the site, and take responsibility, therefore.
6.1.16 Deliveries – Heavy duty
This includes, but is not limited to, the delivery of ready-mix concrete,
bricks and pavers, pre-cast concrete slabs and roof trusses.
Heavy duty deliveries have the potential of causing serious damage to
the road surfacing, kerbs and verges, and vegetation. It is therefore
important that these deliveries are conducted with due care.
Drivers of heavy-duty delivery vehicles must be fully pre-briefed on the
conditions imposed by this document. It is recommended that the
Contractor also advise the delivery company management of these
requirements to ensure that drivers are supported by their superiors in
adhering to these rules.
6.1.17 Washing off of ready-mix concrete delivery vehicles.
The washing or rinsing off of ready-mix concrete delivery vehicles must
take place within the confines of the Building Site, and such washing or
rinsing must be limited to the small discharge chute only. All spillage and
runoff are to be contained within the Building Site and dealt with as
specified under clause 7.2.6. Washing or rinsing off of any other part of
the Vehicle may only take place off site.
Care must be taken not to spill or discharge concrete or rinse water onto
the road surface or drainage channels. The Contractor will be held liable
for the cost repairs.
6.1.18 Site storage
The Contractor will be allowed to erect storage facilities similar to one
standard six (6) meter container (approved by MANAGER) within the
Building Site boundary. The position of such storage facility will be
dictated by the Erf size and house layout, and the Contractor shall
submit a proposed layout of the storage facility on the Building Site for
approval by the MANAGER prior to erection thereof.
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6.1.19 Site neatness and verge/kerb/road protection
Contractors shall ensure that the road in front of their Building Site is always kept clean. Waste materials, nails, and the like cause serious damage to the road surface and to Vehicles and the Contractor shall be liable for repairs relating to any damage so caused. Contractors must ensure that the kerbs, sidewalks, and landscaping in front of their Building Site are at all times adequately protected from damage caused by building operations. Building material shall be stored within the Building Site boundary.
6.1.20 Control of personnel
Throughout the process of construction, the Contractor will remain
responsible for the discipline and control of his employees, sub-
contractor labour, supplier personnel, representatives, technicians, etc.
and will be liable for any damage caused to any part of the or private
property by such personnel. It is the Contractor’s responsibility to ensure
that any such personnel understand and acknowledge the provisions of
this Agreement and any amendments hereto issued from time to time.
Contractor personnel must be transported by Vehicle from the entrance
gate to the relevant Building Sites, or between Building Sites. Pedestrian
movement of labour over the general Belle Rio Estate development is
not permitted, and the MANAGER reserve the right to remove such
personnel from the Reserve. No temporary accommodation of
Contractor employees is permitted on site.
No employees of the Contractor shall be allowed to remain on site
outside of permitted working hours, except where special permission has
been granted in terms of clause 6.1.8.
6.1.21 General security provisions
It is the responsibility of the Contractor’s responsible person to ensure
that visitors are briefed on the key aspects of this Agreement prior to
access.
The MANAGER, reserve the right to carry out ad-hoc checks of personnel
and Vehicles to ensure that liquor, illegal substances, firearms, and the
like are not brought onto the site, and that goods or materials are not
illegally removed from the site. Persons found in contravention of these
rules shall be permanently banned from the Site, and the
employer/Contractor fined.
6.1.22 Traffic control
Unless specifically stated otherwise in these rules, the normal statutory
traffic laws apply in the Reserve. A speed limit of 30km/h applies to all
Vehicles in the Reserve.
Construction Vehicles must always be operated with the utmost care on
the and may not be operated anywhere other than on the roads on
the Reserve. Private driveways may not be used for the turning or
parking of Construction Vehicles.
Vehicles that, in the opinion of the MANAGER, are not fully roadworthy,
or produce excessive noise or have evident oil leaks, will be prohibited
from entering or being operated on the Reserve.
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6.2
Unlicensed Vehicles and unlicensed drivers are not authorized to enter the Reserve.
6.1.23 Co-ordination meetings
The MANAGER reserves the right to convene site co-ordination meetings
from time to time. The key objective of these meetings is to disseminate
information, share mutual concerns on the site, deal with contravention
issues, and provide an update on anticipated activity.
6.1.24 Advertising and commercial activities
No unauthorised advertising boards may be displayed or erected
anywhere on the development.
Boards so erected shall be removed, and a fine levied on the party who
is in breach.
The Contractor must erect the approved construction board on the
front boundary of the Building Site. The board must be erected before
commencement of site clearance and must be removed no later than
the issuing the Final Completion Certificate. No commercial activity is
permitted on the Development Site.
6.1.25 Right to stop work
Any construction work, renovations or alterations executed in a poor
and un-workmanlike manner, or in violation of, or inconsistent with the
plans approved in terms of the Architectural Guidelines and the Local
Authority by-laws, may without prior notice be stopped by the
Architectural Committee or the MANAGER, or the Architect appointed
in terms of the Architectural Guidelines, and work may only re-
commence after the Architectural Committee has been satisfied that
adequate action has been taken to rectify the breach, and reports
same in writing to the HOA.
6.1.26 Payment of wages
The Contractor shall not conduct wage pay outs to labour or sub-
contractors on the Site.
Environmental Compliance 6.2.1 Compliance with the ROD and EMP
The Contractor acknowledges that he is working in an environmentally
sensitive development which is strictly controlled and monitored and
agrees to conform to all environmental and other controls specified
from time to time as applicable to the Development.
6.2.2 Environmentally protected areas
It is recorded that Belle Rio Estate is regarded as environmentally
sensitive and must under all circumstances be conserved. In this regard
general access to and through the development may only be via formal
paved roadways. No access, pedestrian or by Vehicle, is permitted
through natural or re-established indigenous vegetation.
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In addition, the trapping, shooting, harassing, interfering, or in any way harming any of the animal or birdlife on the is an offence. Use of the beaches is out of bounds and may not be used for any recreational activity. Any person found in breach of the above rules shall be remove from the Site and barred from future access to the site. The employer of the offending party will be fined in terms of the penalty Schedule.
6.2.3 Material storage, building rubble and waste management Storage of
any materials or stockpiling of rubble must be confined to the Building
Site boundaries, and the Contractor shall ensure that quantities of
materials or stockpiles are managed to ensure compliance herewith.
Materials or stockpiles may not be stored on the road verge.
Contractors must ensure that all waste is removed from the works on a
weekly basis (as a minimum) or as otherwise instructed by the
MANAGER.
Contractors must ensure that the site is neat and free of any litter or other
unsightly waste at all times.
A standardised waste skip must be provided for waste.
Refuse, litter, and waste may not be burnt on the Building Site.
6.2.4 Anti-pollution measures
The Contractor shall take all reasonable steps to prevent pollution of
surface and groundwater. Such pollution could result from release,
accidental or otherwise, of chemicals, paint, oils, fuels, sewage,
construction materials or waste products.
Refuelling of on-site machinery, to a maximum of ten (10) litres, shall take
place with adequate spill prevention measures, such as trays, to prevent
fuel leakages from polluting the ground. Any spillage into trays and the
like shall be immediately removed from the site to prevent accidental
spreading of the waste. Where accidental spillage takes place, this must
be reported to the MANAGER immediately, and remedial action
agreed to and implemented without delay.
6.2.5 Concrete and mortar
No mixing of mortar or concrete is permitted on the road surface, or on
the natural ground. Mixing may take place within the building perimeter
or on protective trays within the Building Site area. For plastering or
building purposes mortar boards must be used.
These boards must be adequate for the purpose and no spilling may
occur. Where mechanical mixing is used, care must be taken that waste
material is not spilled on discharge. In the event of this occurring, the
spillage shall be cleaned up immediately, and stockpiled with the
building waste for removal from site.
Used and unused cement bags must be stored in waterproof containers
or areas so as not to be affected by rain or runoff.
Bulk
lined/screened/contained to prevent windblown cement dust or
pollution of water during rain events.
cement
silos
and
storage
areas
must
be
properly
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6.3
Washing of ready-mix concrete chutes as contemplated under clause 6.1.17 shall be carried out in a manner to confine the residual waste and to place same on the building waste stockpile for later removal from site. Adequate leak proof cleaning pits are to be installed at strategic points being the future hard paved area to facilitate washing of all cement, ready-mix concrete chutes, and painting equipment. A functional, non- leaking, water point must be installed at each pit. The clean top water may be allowed to discharge on the immediate area adjacent to the pit on condition that the runoff is confined to the future paved area. The remaining sludge must be placed on the building waste skip for later removal from site.
6.2.6 Washing down and cleaning of vehicles and equipment.
6.2.7
Washing down of Vehicles and equipment within the confines of the is
not permitted.
Energy saving devices
The Contractor shall ensure that all temporary work operations are
conducted in such a manner that the use of energy sources and water
is kept to a minimum, and that equipment used is classified as energy
saving devices.
Health and Safety Compliance 6.3.1 Compliance with the Occupational Health and Safety Act
6.3.2
The Owner and the Contractor are obliged to comply with the
conditions of the Occupational Health and Safety Act, No. 85 of 1993,
and regulations related thereto.
Where construction takes place without compliance to the above, work
will be immediately stopped by the Architectural Committee or
MANAGER, non-compliance reported to the Department of Manpower,
and a fine levied against the Contractor in terms of the penalty
Schedule.
The Contractor shall ensure that at site operational level all aspects of
the requirements of the Occupational Health and Safety Act, and the
safety plan for the site, are complied with, including but not limited to
the wearing of safety gear and equipment, erection of safety signage,
proper erection of scaffolding, use of proper ladders, maintenance of
equipment, completion of required registers, and the general safety of
the site, which includes tidiness.
Care must be taken in the provision and maintenance of electrical
supplies.
Ablution facilities
The provision of adequate and properly maintained ablution facilities is
of particular concern, as this may impact on the use of permanent
facilities by personnel in partially completed or completed buildings, or
the illegal pedestrian traffic from site where alternative facilities are
sought.
The Contractor shall provide suitable and properly operational
waterborne or chemical toilets (approved by the MANAGER) on the
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Building Site, based on a population count of one toilet for every ten workers. The Contractor shall ensure that the toilets are always maintained and kept in a neat and hygienic condition. Sanitary waste from chemical toilets must be removed weekly. Toilet doors are to be properly latched and kept always closed. Toilets are to be established and be fully operational prior to the commencement of site clearance and site establishment.
7. PRE-CONSTRUCTION QUALIFICATIONS
Prior to gaining access to the Building Site, the Contractor and his sub-contractors are
obliged to comply with the following requirements, which shall be recorded and
signed off by the MANAGER per the Site Access Checklist per ANNEXURE C2 of this
Agreement.
7.1
7.2
7.3
Construction deposit
The Contractor or Owner shall in terms of the constitution, before commencing
any work on the Building Site, pay to the account of the HOA an amount of
R5 000.00 (Five thousand rand) for each Building Site he is building on, whether
new work or alterations to existing structures. This non-interest-bearing deposit
shall constitute a security deposit for any damage to the Reserve or private
property, including but not limited to, damage to roads, kerbs, trees,
vegetation, landscaping, private or public spaces and motor Vehicles, which
may be caused by the Contractor in the execution of the work.
Building plans and programme
The Contractor shall ensure that a copy of the approved building plans, signed
off by the Owner, Architect, Architectural Committee and the Local Authority,
is lodged at the MANAGER site office and is available for inspection by the
HOA, MANAGER, the Local Authority building inspector and NHBRC
representative.
Any variations to the approved building plans must comply with the
Architectural Guidelines and shall be submitted to the Architectural
Committee.
Once work has commenced on the Building Site it must be continued to
completion, without unreasonable interruption or stoppage.
Insurance
The Contractor shall, prior to commencing work on the Building Site provide the
MANAGER with proof from his insurers or insurance broker that insurance cover
as contemplated under clause 6.2.6 is in place. Each Contractor will also supply
proof of Workman’s Compensation cover.
8. CONSTRUCTION RULES AND COMPLIANCE
After access to the Building Site has been given to the Contractor, he shall ensure
compliance with the following conditions during the process of construction up to final
completion and demobilisation from the site.
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8.1
8.2
8.3
8.4
8.5
Approved building plans A copy of the building plans, and updated variations thereto, as approved by the Architectural Committee and Local Authority, shall be always kept on the Building Site from the date of construction commencement until the issuing of the Controlling Architects Works Completion Certificate. “Construction commencement” is deemed to be when site clearance has been done and setting-out of the building is due to commence.
Survey beacons
The Contractor shall employ a registered professional land surveyor to indicate
the Building Site boundary pegs, and the closest survey beacons established
as part of the infrastructure construction.
Site clearance
Site clearance may only commence after a plan has been submitted to the
MANAGER office showing the extent of the area to be cleared. This will require
approval by the MANAGER.
The objective is to limit the area to be cleared (usable site area), and this will
be dictated by the building footprint and position, and the minimum
requirement for access around the building and for the erection of scaffolding.
A maximum distance of 3m from the building footprint can be cleared for
construction.
Site clearance must only take place when the commencement of building
work is imminent to avoid the unnecessary generation of windblown dust.
Where premature site clearance has taken place, or where construction has
been delayed, the Contractor shall provide ground stabilisation as set down in
the EMP.
Setting out
Setting out of the building shall be carried out by a competent person. The
Contractor shall notify the MANAGER office once the setting out has been
completed.
The MANAGER reserves the right to have the setting out independently
checked. If the setting out is found to be incorrect, the cost of such an
independent check will be for the Contractor’s account, and paid for directly,
or deducted from the Contractor’s construction deposit.
Existing services The Contractor shall familiarise himself with existing services on the Reserve and those related to the Building Site prior to the commencement of construction. This relates to water supply, sewage lines and manholes, electrical services and telephone/communication cables, ducts, and manholes. The Contractor must have in his possession (for each site) “as built” drawings for all existing services prior to commencement of any work on site. The Contractor shall remain responsible for the protection of existing services until demobilisation from the Building Site. Any costs to repair damage caused by the Contractor to the existing services will be for the Contractor’s account. Connection of permanent services from the new building into the existing services shall be carried out by qualified and certified artisans.
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8.6
8.7
8.8
8.9
8.10
8.11
8.12
Provision of labour, plant and materials The Contractor shall ensure that the provision of all labour, plant and materials are compliant with the National Building Regulations, the NHBRC guidelines, the approved specifications, and the guidelines specifically set down for the Development by the Architectural Guidelines and instructions issued by the HOA based on statutory approvals and environmental restrictions issued from time to time.
Temporary services
The Contractor shall make application for temporary services required for the
construction of the building.
Water application shall be made to the HOA and carried out by a qualified
plumber.
Electrical supply shall be in accordance with the requirements set down for the
Local Authority, in strict compliance with the Health and Safety Act
specification. Cost of installation will be for the Contractor’s account, and
payable directly to the electrical Contractor. The electrical Contractor is
responsible to ensure that the installation of the temporary supply is maintained
in a safe way and remains compliant with regulations governing electrical
installations and will conduct inspections on a regular basis. Costs for remedial
work will be for the Contractor’s account and payable directly to the electrical
Contractor.
Ablution facilities shall be provided as set down in clause 6.3.3. Where water-
borne facilities are provided, these shall be installed by a qualified plumber.
Site access control
Access to the Building Site shall be in strict accordance with the requirements
set down Section 6 of this agreement.
Barricades and fencing
Street frontage hoarding is not a requirement for the building site. The
remaining sides of the usable building site must be fenced, with a minimum of
a 1,5m high green shade net fencing.
Cost of such fencing and installation will be for the Contractor’s account.
Where the building site is adjacent to an existing residence the requirements in
terms of clause 6.1.7 shall be complied with.
Fines will be levied against the Contractor for non-compliance, and the work
stopped until rectification.
Storage facilities
Storage facilities must be erected as provided for under clause 7.1.18.
Permissible signage
MANAGER approved construction board shall be erected as provided for
under clause 6.1.24.
Waste management
Building rubble and general waste shall be controlled as required under clause
6.2.3.
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8.13
8.14
8.15
Protection of natural vegetation and dust control The Contractor shall implement appropriate measures, to the satisfaction of the MANAGER, to avoid damage to existing vegetation and to minimise the generation of dust or windblown sand resulting from the building activities. The Contractor is referred to requirements related to site clearance per clause 8.3. During periods of high wind conditions, the Contractor shall cease dust generating activities. Where a notice for non-compliance has been issued by MANAGER, and no remedial action taken by the Contractor within twenty-four hours after the issuing of such notice, the HOA reserves the right to take action to remedy the breach. Costs in this regard will be for the Contractor’s account, and a fine will be levied against him.
Erosion control
The Contractor shall be responsible for providing and maintaining protection
against wash away and erosion damage throughout the duration of the
construction Works.
The Contractor undertakes to effect adequate measures to prevent any soil
erosion by waste or storm water on or around the Building Site for the duration
of the contract. No undermining of existing paved areas or roads are allowed.
All excavation must be adequately backfilled and compacted.
Where a notice for non-compliance has been issued by the MANAGER and no
remedial action taken by the Contractor within twenty-four hours after the
issuing of such notice, the HOA reserves the right to take action to remedy the
breach.
Costs in this regard will be for the Contractor’s account, and a fine will be levied
against him.
Excavation
Foundation or service trench excavation adjacent to existing buildings or
paved surfaces must be undertaken with due care to avoid damage to the
existing Works. Where necessary, the Contractor shall provide adequate
protection of the existing Works. Any damage caused to existing Works must
be made good by the Contractor immediately the damage becomes evident.
All foundation excavations must be tested for compaction and be certified by
a structural engineer prior to the placing of concrete.
9. POST-CONSTRUCTION SIGNING OFF
After completion of the Works, the following shall be complied with prior to the
Contractor being released from his obligations in terms of this Agreement.
9.1
Practical completion
On achieving practical completion and external patent defects have been
attended to by the Contractor, the site must be cleared of all rubble and waste
material, and generally levelled to receive landscaping. Thereafter the
Controlling Architect must approve and sign off final level as well as certify that
the dwelling complies with the plans approved by the Architectural
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9.2
9.3
9.4
9.5
Committee. Once all the above have been signed off the Contractor shall obtain an External Practical Completion Certificate from the Controlling Architect and issue a copy thereof to the MANAGER office.
Works completion
After the landscaping has been satisfactorily completed in terms of the rules
and guidelines set down for the HOA, the Contractor shall obtain an External
Works Completion Certificate from the Controlling Architect and issue a copy
thereof to the MANAGER office.
The ablution facilities and the waste skip bin may only be removed from the site
after an External Works Completion Certificate has been issued. Where the
Contractor has provided water borne ablution facilities connected to the
permanent services, this must be removed after practical completion and a
chemical toilet provided for the duration of remedial work being carried out in
terms of the practical completion defects list.
Temporary water and electrical installations must be disconnected and
removed from site as soon as practically possible, but in any event prior to the
issuing of an External Works Completion Certificate.
Statutory certificates
The Contractor shall obtain an electrical compliance certificate from the
electrical Contractor and issue a copy of the certificate to the MANAGER
office.
The Contractor shall obtain an occupation certificate for the dwelling from the
Local Authority prior to occupation being granted to the Owner and issue a
copy of the certificate to the MANAGER Site office.
Making good of damage
The Contractor shall make good any damage to existing roads, paving, kerbs,
sidewalks, services, adjacent building structures, etc. prior to demobilisation
and moving off the site. Where the Contractor fails to do so, the MANAGER
shall issue a notice of noncompliance.
Failure to commence remedial work within seven (7) days of the issuing of the
notice will constitute a breach on the part of the Contractor. The HOA reserves
the right to carry out necessary repairs to the existing works in the event of such
a breach, and costs incurred will be for the account of the Contractor. The
Contractor will be liable for nett direct costs plus 25% to cover supervision and
administration charges.
Inspection and signing off
After the issuing of an External Works Completion Certificate (in terms of clause
9.2), as well as the statutory certificates, and the satisfactory completion of
remedial work to damaged existing services or infrastructure, the MANAGER,
and the Controlling Architect shall conduct an inspection of the site, and if
satisfied that all the required conditions have been complied with sign a
clearance certificate for the Building Site.
Occupation of the dwelling will only be permitted after the issuing of the
clearance certificate to the Owner and the Contractor.
9.6
Construction deposit
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Where the HOA rules that the Contractor or Owner or any of their agents, whether by way of commission or omission, have caused any damage the Owner and Contractor shall be presumed to be jointly and severally liable for such damage. If the Owner or the Contractor fails to dispute any claim made in terms of this clause within seven days of receiving notice thereof, they shall be deemed to have accepted liability for such damage and for payment of the costs related thereto. If the claim is disputed and satisfactory resolution cannot be achieved within twenty-one days of the written notice of such dispute, the matter shall be referred to arbitration as allowed for under clause 12. Any balance of the construction deposit account will only be released after all disputes have been satisfactorily resolved.
10. DOMICILIUM/NOTICES
10.1
10.2
10.3
10.4
10.5
The parties choose as their domicile citandi et executandi for all purposes
under this Agreement, whether in respect of legal and court process, notices
or other documents or communications of whatsoever nature, the addresses
as set out in the attached schedule.
Any notice or communication required or permitted to be given in terms of this
agreement shall be valid and effective only if in writing, but it shall be
competent to give such notice or communication by facsimile or e-mail.
Notices shall be deemed to have been delivered on the date of signed receipt
of delivery, if delivered by hand, or on the fourth (4th) day after the date of
posting, if sent by pre-paid courier mail within the Republic of South Africa, to
the domicile aforesaid, or, if successfully transmitted by facsimile or e-mail, be
deemed to have been received by the addressee on the first day after the
day of dispatch.
Any of the parties referred to in clause 2 may, by notice in writing to the other
parties, alter its address set out in the schedule to another address in the
Republic of South Africa provided such other address may not be a post office
box or post restante and provided that such alteration shall not be effective
until seven (7) days after it has been received.
Notwithstanding anything to the contrary herein contained, a written notice or
communication personally received by a party shall be an adequate written
notice or communication to such party notwithstanding that it was not sent to
or delivered at the domicile citandi et executandi.
11. BREACH
Without detracting from any rights which the HOA may have in terms of this
Agreement, and in the event of the Owner/Contractor breaching any of the
provisions of this Agreement and persisting in such failure for a period of seven (7) days
after dispatch of written notification calling upon them or either of them to remedy
the same, the HOA and/or they shall be entitled to all or any of the following relief:
11.1
To deny the Contractor access to the Development.
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11.2
11.3 11.4
11.5
11.6
11.7
To appoint an independent Contractor to rectify the breach and recover the remedy cost from the Contractor with a minimum R250 administration fee or 25% of the cost, whichever is the greater. To appoint an arbitrator in terms of clause 12 hereunder. To cancel this Agreement, in which event the Contractor shall not be entitled to continue or complete construction on the Erf. Should the Contractor make acceptable representation to the HOA within seven (7) days’ notice from the date contemplated under this clause 11 the HOA shall review the Contractor’s undertakings to abide by the terms and conditions of this Agreement and in his absolute discretion decide to stand by his decision of breach or grant the Contractor relief subject to conditions set down by the HOA. To hold the Owner and Contractor jointly and severally liable for such breach and to claim from them the cost of reinstatement of any damage caused by them within the Reserve, as determined in terms of this Agreement. Should the HOA take steps against the Owner or Contractor pursuant to a breach of this Agreement, the HOA shall be entitled to recover from the Owner and/or Contractor any legal costs incurred in the action against such breach. Where access to the development is denied to the Contractor in terms of the above, whether the matter is resolved in law or by arbitration to the benefit of any party, neither the Contractor nor the Owner shall have any claim against the HOA and/or the Controlling Architect arising from such denial of access.
12. ARBITRATION
12.1
Any dispute, question or difference arising at any time between parties to this
agreement, out of or regarding any matter arising out of this Agreement, or
the rights and duties of any of the parties mentioned in this Agreement, or the
interpretation of this Agreement, may, at the instance of any one of the parties
to this Agreement, be submitted to and decided by arbitration on notice given
to the other parties who are contractually affected by in the matter in question.
13. INDULGENCES
No extension of time or indulgence granted by the HOA to the Contractor and/or the
Owner shall be deemed in any way to affect, prejudice, or derogate from the rights
of the HOA, nor shall it in any way be regarded as a waiver of any rights hereunder or
a novation of this Agreement.
14. SCHEDULES
The following Schedules are attached as annexures to this Agreement, and form part
thereof as defined under clause 4:
ANNEXURE A1 : Page 23
Schedule of penalties and fines which shall be levied against the Owner or his
Contractor for non-compliance in terms of this Agreement.
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ANNEXURE A2 : Page 36
Site Access Checklist in terms of clause 7 of this Agreement.
ANNEXURE A3 : Page 37
Penalties and fines imposed in terms of clause 6.1.6 (ii) and clause 7.2.
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15. SIGNATORIES AND RECORDALS
THUS, DONE AND SIGNED by the parties upon the dates and at the places specified
below:
Manager: Belle Rio Estate Represented by and duly authorised as signatory for and behalf of the HOA:
NAME: DATE: WITNESS: OWNER
Represented by and duly authorised as signatory for and on behalf of the OWNER:
…………………………….. …………………………….. ……………………………..
SIGNED: PLACE:
………………………. ……………………….
NAME: DATE: WITNESS: CONTRACTOR
Represented by and duly authorised as signatory for and on behalf of the CONTRACTOR:
…………………………….. …………………………….. ……………………………..
SIGNED: PLACE:
………………………. ……………………….
NAME: DATE: WITNESS:
…………………………….. …………………………….. ……………………………..
SIGNED: PLACE:
………………………. ……………………….
Belle Rio Estate HOMEOWNERS’ ASSOCIATION
Represented by and duly authorised as signatory for and behalf of the HOA:
NAME: DATE: WITNESS:
…………………………….. …………………………….. ……………………………..
SIGNED: PLACE:
………………………. ……………………….
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SCHEDULE OF DETAILS
Erf No. :
………………
Anticipated programme
Estimated construction commencement date:
Estimated construction completion date:
………………….
………………….
Domicile citandi et executandi and contact information. Belle Rio Estate Homeowners Association
domicile: Facsimile Contact person
………………………………………………………..…………….
……………………
Email ……….…………………..
………………………………..
Belle Rio Estate Manager
domicile: Facsimile Contact person Owner domicile: Facsimile Contact person Contractor domicile: Facsimile Contact person
………………………………………………………..…………….
……………………
Email ……….…………………..
………………………………..
………………………………………………………..…………….
……………………
Email ……….…………………..
………………………………..
………………………………………………………..…………….
……………………
Email ……….…………………..
………………………………..
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ANNEXURE A1
SCHEDULE OF PENALTIES AND FINES The following clause numbers refer to the Agreement. Fines set down are maximum
fines, and the HOA reserves the right to establish the fine levied at his sole discretion.
NOTES
1.
2.
3.
4. 5.
6.
7.
Fines are levied over and above the penalty action taken.
Fines are absolute and applied for non-compliance or non-performance at the
sole discretion of the HOA/ MANAGER. Claims for ascertained and liquidated
damages, or consequential loss, may be recovered in addition to the fine(s)
levied.
Other terms are the same as Section 4 - DEFINITIONS of the Agreement.
Notices are issued to the responsible person on site, or the management
representative at the Contractor’s office, and must be in writing.
“Removed from site” means removal by the MANAGER.
Fines, on repeated offenses, relate to a fine per incident.
Fines are cumulative.
SECTION 6: GENERAL COMPLIANCE
CLAUSE NO. 6.1.7: Privacy and rights of residents Refer also clause 8.9
Breach:
Contractor executes his work in such a manner to cause a nuisance, either reported
by a Resident or other affected party, or observed and recorded by the MANAGER.
Remedy:
A notice is issued to the Contractor by the MANAGER, and the Contractor
immediately ceases unacceptable behaviour, and rectifies any physical breach
within forty-eight hours.
Penalty:
Work is stopped until rectification takes place, and the fine is paid. Where no action is
taken to rectify any physical breach within forty-eight hours the MANAGER may do so
and costs plus a 25% administrative charge will be for the Contractor’s/ Owner’s
account.
Fine:
Maximum fine R1,000 (One thousand rand).
CLAUSE NO. 6.1.8: Working hours
Breach:
Contractor is on site out of the working hours stipulated.
Remedy:
The Contractor is escorted off site, or personnel removed from site.
Penalty:
Repeat offenders barred from site.
Fine:
Maximum fine of R500 (Five hundred rand) plus R100 (One hundred rand) per
offending employee.
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CLAUSE NO. 6.1.9: communal and private facilities Breach: Contractor uses communal or private Resident facilities illegally. Remedy: The Contractor is cautioned by the MANAGER, and the Contractor immediately ceases unacceptable behaviour. Penalty: Repeat offenders barred from site. Fine: Maximum fine R500 (Five hundred rand).
CLAUSE NO. 6.1.10 : Lunch and tea breaks
Breach:
Personnel are in non-designated areas for tea or lunch breaks.
Remedy:
The Contractor is cautioned by the MANAGER, and the Contractor immediately
ceases unacceptable behaviour.
Penalty:
Repeat offenders barred from site.
Fine:
Maximum fine R100 (One hundred rand) per offending employee.
CLAUSE NO. 6.1.11 : Fires and fireworks
Breach:
Contractor lights a fire or discharges fireworks on site.
Remedy:
Fires/fireworks immediately extinguished, and the area cleared. Offending
party/parties removed from site.
Penalty:
Related materials confiscated and offending party/parties barred from site.
Fine:
Maximum fine R1,000 (One thousand rand).
CLAUSE NO. 6.1.12 : Liquor, illegal substances and firearms
Breach:
Offending goods found on site.
Remedy:
Liquor confiscated and destroyed; illegal substances handed over to SAP with details
of offender; firearms removed by offender and report made to SAP; offending
personnel removed from site.
Penalty:
Offending personnel barred from site.
Fine:
Maximum fine R5,000 (Five thousand rand).
CLAUSE NO. 6.1.13 : Watchmen
Breach:
Contractor watchman/watchmen found on site/building site out of working hours.
Remedy:
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Personnel removed from site. Penalty: Offending personnel barred from site. Fine: Maximum fine R500 (Five hundred rand).
CLAUSE NO. 6.1.14 : Vehicles
Breach:
Contractor attempts to parks so as to cause obstruction.
Remedy:
Vehicles causing obstruction to be moved immediately.
Penalty:
Repeat offenders barred from site.
Fine:
Maximum fine R500 (Five hundred rand).
CLAUSE NO. 6.1.15 & 6.1.16: Deliveries
Breach (1):
General non-compliance to regulations.
Remedy:
Immediate rectification.
Penalty:
Repeat offenders barred from site.
Fine:
Maximum fine R500 (Five hundred rand).
Breach (2):
Delivery over adjacent site without authorization.
Remedy:
Activity to be ceased immediately on notice and offending party/parties removed
from site. Damage to adjacent site made good within twenty-four hours. Where no
action is taken to rectify any physical breach within twenty-four hours the MANAGER
may do so and costs plus a 25% administrative charge will be for the Contractor’s/
Owner’s account.
Penalty:
Offenders barred from site
Fine:
Maximum fine R2,000 (Two thousand rand)
CLAUSE NO. 6.1.17 : Washing off of ready-mix concrete delivery vehicles Refer to
clause 6.2.7
Breach:
General non-compliance with regulations.
Remedy:
Affected areas cleaned up and made good within twenty-four hours. Where no
action is taken to rectify any physical breach within twenty-four hours the MANAGER
may do so and costs plus a 25% administrative charge will be for the Contractor’s/
Owner’s account.
Penalty:
Repeat offenders will be barred from site.
Fine:
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Maximum fine R1,000 (One thousand rand). CLAUSE NO. 6.1.18 : Site storage Refer to clause 6.2.4
CLAUSE NO. 6.1.19 : Site neatness and verge/kerb/road protection
Breach (1):
General untidiness, and/or waste on verge/kerb/road.
Remedy:
Work stoppage and site tidied, and verge/road cleaned up.
Penalty:
No work may proceed until the site, verge and road is cleaned and tidied to the
MANAGER’s satisfaction.
Fine:
Maximum fine R500 (Five hundred rand).
Breach (2):
Damage to kerbs, roads, etc.
Remedy:
As contemplated under Clause 10.4.
Penalty:
As contemplated under Clause 10.4.
Fine:
Maximum fine R2,000 (Two thousand rand).
Breach (3):
Material stored on verge. Refer clause 6.2.4
CLAUSE NO. 6.1.20 : Control of personnel
Breach (1):
Personnel pedestrian movement on the.
Remedy:
Personnel removed from site.
Penalty:
Repeat offenders will be barred from site.
Fine:
Maximum fine R100 (One hundred rand) per offending employee.
Breach (2):
Employees remaining on site without authorization.
Remedy:
Personnel removed from site.
Penalty:
Repeat offenders will be barred from site.
Fine:
Maximum fine: Company fine of R500 (Five hundred rand) plus R100 (One hundred
rand) per offending employee.
CLAUSE NO. 6.1.21 : General security provisions
Breach (1):
Personnel found in possession of banned substances, or materials to be removed from
site.
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Remedy: Liquor confiscated and destroyed; illegal substances handed over to SAP with details of offender; firearms removed by offender and report made to SAP; offending personnel removed from site. Penalty: Offending personnel barred from site. Fine: Maximum fine R5,000 (Five thousand rand)
Breach (2):
Animals brought onto site.
Remedy:
Personnel and animal removed from site.
Penalty:
Repeat offenders barred from site.
Fine:
Maximum fine R200 (Two hundred rand).
CLAUSE NO. 6.1.22 : Traffic control
Breach (1):
Exceeding the speed limit. This is based on a reasonable evaluation of speed, and not
“proven” speed. General non- compliance to statutory traffic laws.
Remedy:
Offending party stopped and warned.
Penalty:
Repeat offender fined; continued infringement will result in being barred from site.
Fine:
Maximum fine R200 (Two hundred rand) for repeat offender.
Breach (2):
Reckless, negligent or careless driving.
Remedy:
Offender warned and removed from site for twenty-four hours.
Penalty:
Repeat offender barred from site.
Fine:
Maximum fine R500 (Five hundred rand).
Breach (3):
Construction Vehicle parked or maneuverers in private driveway.
Remedy:
Driver warned; parked vehicle moved.
Penalty:
Repeat offender barred from site.
Fine:
Maximum fine R200 (Two hundred rand).
CLAUSE NO. 6.1.24 : Advertising and commercial activities
Breach (1):
Illegal advertising board displayed.
Remedy:
- 27 -
Board removed. Penalty: Board confiscated by MANAGER. Fine: Maximum fine R500 (Five hundred rand).
Breach (2):
Owner/Architect/Contractor’s board erected that does not comply with guidelines.
Remedy:
Remove board and replace with approved board.
Penalty:
Work stoppage until remedied.
Fine:
Maximum fine R500 (Five hundred rand).
Breach (3):
Owner/Architect/Contractor’s board not erected.
Remedy:
Approved board to be erected immediately.
Penalty:
Work stoppage until remedied.
Fine:
Maximum fine R500 (Five hundred rand) on repeat offense.
Breach (4):
Commercial activities undertaken.
Remedy:
Activities to cease immediately.
Penalty:
Offender barred from site.
Fine:
Maximum fine R1,000 (One thousand rand).
CLAUSE NO. 6.1.25 : Right to stop work
Breach:
General non-compliance.
Remedy:
As per the clause detail.
Penalty:
Work stoppage as per the clause detail.
Fine:
Maximum fine R5,000 (Five thousand rand).
CLAUSE NO. 6.1.26 : Payment of wages
Breach:
Wage/sub-contractor etc. payments on site.
Remedy:
Stopped immediately and personnel removed from site.
Penalty:
On repeat non-compliance the personnel/sub-contractor being paid may be barred
from site.
- 28 -
Fine: Maximum fine R1,000 (One thousand rand).
CLAUSE NO. 6.2.2: Environmentally protected areas
Breach (1):
Access into or via out-of-bound areas.
Remedy:
Removal of offending part from site.
Penalty:
Offending party barred from site.
Fine:
Maximum fine R5,000 (Five thousand rand).
Breach (2):
Trapping, shooting or harassing animal or birdlife.
Remedy:
Removal of offending part from site.
Penalty:
Offending party barred from site.
Fine:
Maximum fine R10,000 (Ten thousand rand).
CLAUSE NO. 6.2.3: Material storage, building rubble and waste management Refer to
Clauses 6.1.18 and 8.12
Breach (1):
Material stored on verge without authorization.
Remedy:
Move material to within the boundaries of the building site.
Penalty:
Work stoppage until remedied.
Fine:
Maximum fine R500 (Five hundred rand).
Breach (2):
Inadequate removal of waste from site; inadequate bins.
Remedy:
A notice is issued to the Contractor by the MANAGER, and the Contractor rectifies
breach within twenty-four hours.
Penalty:
Work is stopped until rectification takes place, and the fine is paid. Where no action is
taken to rectify any physical breach within twenty-four hours the MANAGER may do
so and costs plus a 25% administrative charge will be for the Contractor’s/ Owner’s
account.
Fine:
Maximum fine R2,000 (Two thousand rand).
Breach (3):
Burning of waste on site – refer clause 7.1.11.
Remedy:
Fire immediately extinguished and the area cleared. Offending party
removed from site.
- 29 -
Penalty: Repeat offender barred from site. Fine: Maximum fine R1,000 (One thousand rand).
CLAUSE NO. 6.2.4: Anti-pollution measures
Breach:
Ground pollution by spillage or refuelling.
Remedy:
Area cleaned up; contaminated material removed from site.
Penalty:
Repeat offender barred from site.
Fine:
Maximum fine R1,000 (One thousand rand).
CLAUSE NO. 6.2.5: Concrete and mortar mixing
Breach:
Mixing on road surface or natural ground.
Remedy:
Area cleaned up, and residue placed on stockpile.
Penalty:
Work stopped until remedied.
Fine:
Maximum fine R500 (Five hundred rand).
CLAUSE NO. 6.2.6: Washing down and cleaning of vehicles and equipment
Breach:
Vehicle washing down on site or in roadway.
Remedy:
Area cleaned up, and residue placed on stockpile.
Penalty:
Work stopped until remedied.
Fine:
Maximum fine R500 (Five hundred rand).
CLAUSE NO. 6.3.1: Compliance with the Occupational Health and Safety Act
Breach (1):
Starting work without approved Safety Plan and complete Site safety file.
Remedy:
Supply safety plan 1 week before commencement.
Penalty:
Work stoppage until remedied.
Fine:
Maximum fine R1,000 (One thousand rand).
CLAUSE NO. 6.3.2: Ablution facilities
Breach:
No, or inadequate, or non-compliant toilets provided.
Remedy:
Provide acceptable facilities; remove inadequate facilities.
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Penalty: Work stoppage until remedied. Fine: Maximum fine R500 (Five hundred rand).
SECTION 7: PRE-CONSTRUCTION QUALIFICATIONS
CLAUSE NO. 7.1: Construction deposit
Breach:
Construction Deposit not paid, or payment thereof not cleared via the nominated
bank account, prior to commencement of construction.
Remedy:
Pay Deposit as required.
Penalty:
Work stoppage until remedied.
Fine:
Maximum fine R5,000 (Five thousand rand).
CLAUSE NO. 7.2: Building plans
Breach:
Approved building plans and/or programme not submitted prior to commencement
of construction.
Remedy:
Submit plans and or programme as required.
Penalty:
Work stoppage until remedied.
Fine:
Maximum fine R500 (Five hundred rand).
CLAUSE NO. 7.3: Insurance
Breach:
Proof of insurance not submitted or found to be inadequate.
Remedy:
Provide proof of insurance as required.
Penalty:
Work stoppage until satisfactory proof provided.
Fine:
Maximum fine R1,000 (One thousand rand).
SECTION 8: CONSTRUCTION RULES AND COMPLIANCE
CLAUSE NO. 8.1: Approved building plans
Breach:
Approved building plans not available on site.
Remedy:
Provide plans to be in the possession of a designated responsible person on site while
work is in progress, or with the site-based responsible person during work stoppage.
Penalty:
Work stoppage until remedied.
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Fine: Maximum fine R500 (Five hundred rand).
CLAUSE NO. 8.3: Site clearance
Breach:
Work commenced without submission of site clearance plan.
Remedy:
Submit plan as required.
Penalty:
Work stoppage until remedied.
Fine:
Maximum fine R1,000 (One thousand rand).
CLAUSE NO. 8.5: Existing services
This is covered by the requirement to issue completion/statutory certificates and
claims in the case of damage as contemplated under clause 9.4.
CLAUSE NO. 8.7: Temporary services
Breach:
Illegal provision of services.
Remedy:
Comply with clause conditions.
Penalty:
Work stoppage until remedied.
Fine:
Maximum fine R1,000 (One thousand rand) for electrical; R500 (Five hundred rand) for
other.
CLAUSE NO. 8.9: Barricades and fencing Refer to clause 6.1.7
Breach:
General environmental fencing not provided.
Remedy:
Erect correct fencing.
Penalty:
Work stoppage until remedied.
Fine:
Maximum fine R1,000 (One thousand rand).
CLAUSE NO. 8.10: Storage Facilities
Refer to clauses 6.1.18 and 6.2.3
CLAUSE NO. 8.11: Permissible signage
Refer to Clause 6.1.24
Breach:
Safety signage not provided.
Remedy:
Erect safety signage per the Health & Safety Act, and signage guidelines.
Penalty:
Work stoppage until remedied.
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Fine: Maximum fine R500 (Five hundred rand).
CLAUSE NO. 8.12: Waste management
Refer to clause 7.2.3
CLAUSE NO. 8.13: Protection of natural vegetation and dust control
Refer also clause 8.3
Breach:
Non-compliance.
Remedy:
A notice is issued to the Contractor by the MANAGER, and the Contractor rectifies
any physical breach within twenty-four hours.
Penalty:
Work is stopped until rectification takes place, and the fine is paid. Where no action is
taken to rectify any physical breach within twenty-four hours the MANAGER may do
so and costs plus a 25% administrative charge will be for the Contractor’s/ Owner’s
account.
Fine:
Maximum fine R2,000 (Two thousand rand).
CLAUSE NO. 8.14: Erosion control
Breach:
Erosion emanating from the Building Site to adjacent properties.
Remedy:
A notice is issued to the Contractor by the MANAGER, and the Contractor rectifies
any physical breach within twenty-four hours.
Penalty:
Work is stopped until rectification takes place, and the fine is paid. Where no action is
taken to rectify any physical breach within twenty-four hours the MANAGER may do
so and costs plus a 25% administrative charge will be for the Contractor’s/ Owner’s
account.
Fine:
Maximum fine R2,000 (Two thousand rand).
CLAUSE NO. 8.15: Excavation
Breach:
Damage to existing works.
Remedy:
Recovery as contemplated under clause 9.4.
SECTION 9: POST-CONSTRUCTION SIGNING OFF
CLAUSE NO. 9.1: Practical completion
Breach:
Practical Completion Certificate not issued, and levels not signed off by Controlling
Architect.
Remedy:
Submit certificate and confirm levels with Controlling Architect.
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Penalty: Landscaping may not commence. Fine: Maximum fine R1,000 (One thousand rand) if landscaping has commenced.
CLAUSE NO. 9.2: Works Completion
Breach:
Works Completion Certificate not issued.
Remedy:
Submit certificate prior to removal of bin and toilet, and disconnection/removal of
other temporary services.
Penalty:
HOA’s clearance certificate will not be issued.
Fine:
Maximum fine R1,000 (One thousand rand) if bin and toilet removed.
CLAUSE NO. 9.3: Statutory certificates
Refer to clause 9.6
Breach (1):
Submission of electrical compliance certificate.
Remedy:
Provide a registered electrician’s certificate.
Penalty:
HOA’s clearance certificate will not be issued.
Fine:
Maximum fine R1,000 (One thousand rand) if owner takes occupation.
Breach (2):
Submission of local authority occupation certificate.
Remedy:
Provide occupation certificate.
Penalty:
HOA’s clearance certificate will not be issued.
Fine:
Maximum fine R1,000 (One thousand rand) if owner takes occupation.
CLAUSE NO. 9.5: Inspection and signing off
Breach:
Occupation of dwelling, including the placing of moveable furniture (not fixed blinds,
cupboards, etc), prior to a HOA clearance certificate being issued.
Remedy:
Vacate premises until remedied.
Penalty:
The HOA reserves the right to deny access to the property.
Fine:
Maximum fine R1,000 (One thousand rand).
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ANNEXURE A2
SITE ACCESS CHECK LIST 1. Contractor
1.1. NHBRC enrolment certificate,
1.2. Workers Compensation registration,
1.3. Insurance:
1.3.1. Contractors All Risk and
1.3.2. Public Liability
1.4. ID copies all personnel on site
2. Approved safety plan. 3. Deposit: Proof of payment. 4. Signed Contractor’s Code of Conduct. 5. Approved plans (signed by Owner, Architectural Committee & Local Authority). 6. Approved Site Plan
6.1. Site Storage 6.1.18
6.2. Waste Skip 6.2.3
6.3. Ablution 6.3.3
6.4. Barricades and fencing 8.9
7. Signage erected 7.1.24 8. Ablution facilities delivered to site 6.3.3 9. Standard Waste Skip delivered to site 6.2.3 11. Tap and half drum
Authorised by MANAGER.
Signature:
……………………………..
Date:
…………………….
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ANNEXURE A3
PENALTIES AND FINES IMPOSED IN TERMS OF CLAUSE 6.1.6 (ii) The Owner and Contractor agreed that:
"Once work has commenced on the Building Site it must be continued to completion,
without unreasonable interruption or stoppage."
NOW THEREFOR the parties agree, record, and confirm as follows:
1. Notwithstanding any provisions to the contrary in the Building Agreement
concluded between the Owner and Contractor, the parties shall be obliged to
complete the works within twelve (12) months after commencement of the building
operation.
2. Prior to or within three months after the commencement of the building operation,
the Owner may apply in writing to the HOA for an extension of the above-mentioned
period for the completion of the works, which application shall be duly supported by
written motivation and having regard to the size of the proposed dwelling and the
complexity of the building operation. The HOA shall have the sole and absolute
discretion to grant or refuse an extension in time for the completion of the works.
3. Should the building operation and construction of the dwelling not be completed
within twelve (12) months after commencement of the building operation, or such
extended period for completion of the building work as may be granted by the HOA
in terms of 2 above, the HOA shall be entitled to impose a fine on the Owner in the
sum of R5 000,00 (Five Thousand Rand) per month pro rata calculated from the first
day following the completion date referred to hereinabove, until the actual date of
completion of the building work. The above fine/s shall be payable immediately upon
receipt of an invoice or written notification thereof by the Owner. No clearance
certificate or completion certificate of any nature whatsoever shall be issued to the
Owner by the Controlling Architect or otherwise until the above fine/s have been paid
to the HOA.
4. The abovementioned fine/s shall be in addition to and totally separate from and
unrelated to the penalties referred to in the recitals above.
5. The above provisions shall be deemed to have been incorporated into the Building
Agreement concluded between the Owner and Contractor as if the same initially
formed part of such agreement on the date of conclusion thereof.
REFERENCES The references are provided for information only and do not form part of the
Contractor’s Code of Conduct Agreement
1. Homeowners’ Association Constitution
2. Belle Rio Estate House Rules
3. Belle Rio Estate Architectural Guidelines
* The latest versions of the above are available on request from the MANAGER.
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