The Department of Employment and Labour has published the Draft Construction Regulations, 2025, under the Occupational Health and Safety Act (OHSA) No. 85 of 1993. This marks a major step forward in strengthening construction health and safety standards in South Africa.
These draft regulations are now open for public comment, and all stakeholders have 90 days from the date of publication to submit written feedback to the Director-General of the Department of Employment and Labour.
Why New Construction Regulations Were Needed
Following a review of the 2014 Construction Regulations, the Department identified several gaps and shortcomings that may contribute to construction-related incidents. As a result, the new draft regulations introduce stricter requirements and clearer definitions to enhance compliance, safety accountability, and effective risk management across the entire construction industry.
Key Proposed Changes in the Draft Construction Regulations, 2025
Some of the most notable updates include:
- Revised and expanded definitions: To remove ambiguity and improve understanding of legal and technical terms.
- Redefined scope of construction work: Clearly outlining what constitutes “construction work” under the new regulations.
- New appointment requirement: The introduction of a Construction Health and Safety Manager, a key role aimed at strengthening on-site safety oversight.
- Acceptance of electronic H&S files: Allowing digital submission and management of health and safety documentation, streamlining compliance.
These updates aim to make safety management more transparent and enforceable throughout all stages of a construction project.
Who the Regulations Apply To
The Draft Construction Regulations, 2025 apply to:
- All persons involved in construction work for the entire duration of the project life cycle.
- Owners of structures, under Regulation 11(2), which requires periodic structural inspections by a competent person for the lifetime of the structure.
- Exemptions: Regulations 3 and 5 (construction work permits and client duties) do not apply to single-storey dwellings built for clients who will personally occupy them upon completion.
Topics Covered in the Draft Construction Regulations
The regulations comprehensively address almost every aspect of construction site safety and compliance, including:
- Application for and notification of construction work permits
- Duties of clients, designers, principal contractors, and contractors
- Management and supervision of construction activities
- Risk assessment and fall protection
- Safety around structures, excavations, demolition, tunnelling, and scaffolding
- Use of cranes, material hoists, and construction vehicles
- Electrical installations and flammable liquid handling on sites
- Housekeeping, storage, fire precautions, and employee facilities
- Construction health and safety technical committee establishment
- Offences and penalties for non-compliance
Once finalised, these regulations will repeal the Construction Regulations, 2014.
What This Means for the Construction Industry
The 2025 Draft Regulations mark a significant shift towards modernised, technology-friendly compliance and enhanced safety accountability. Construction companies, clients, designers, and contractors will all need to reassess their health and safety management systems to ensure full alignment with the upcoming legal standards.
Katope encourages all stakeholders to review the draft carefully and submit comments within the 90-day period. Early preparation and awareness are key to staying compliant and ensuring safe, efficient construction practices in South Africa’s evolving regulatory landscape.
Stay Compliant with Katope
At Katope, we help organisations stay ahead of changing Occupational Health and Safety (OHS) requirements through expert training, compliance audits, and tailored safety management solutions.
For more insights on the Draft Construction Regulations, 2025 and how they may affect your business, get in touch with the Katope Health & Safety Team today.