Everything a South African construction firm must have to stay compliant

On a South African site there are three files that matter: the company file that proves you may trade and tender, the project file that satisfies the Construction Regulations 2014, and the per-person file that shows appointments and competence. This checklist sets out all three.

Reviewed by TefCo Compliance Research — last verified 7 September 2026.

In short

A written mandatary agreement is required between the client or principal contractor and the contractor (Occupational Health and Safety Act 85 of 1993, section 37).
Registration with the Compensation Fund is a statutory duty (COIDA 130 of 1993, section 80) and the letter of good standing is the everyday proof.
CIDB registration governs eligibility for public-sector work; NHBRC registration and enrolment govern home building.
The health and safety file is a live document, not a once-off submission.

1. The company file

CIPC company registration and current annual returns.
CIDB contractor registration with the correct grading designation, updated annually and renewed on the three-year cycle.
NHBRC registration with current annual membership renewal, where you build homes.
Compensation Fund registration and a current letter of good standing.
Tax compliance status with SARS.
B-BBEE certificate or sworn affidavit, where required for the work you bid on.
Public liability, contract works and other insurance schedules.

2. The project file (Construction Regulations 2014)

Written mandatary agreement between the client or principal contractor and the contractor, under the Occupational Health and Safety Act 85 of 1993, section 37.
Notification of the construction work to the Department of Employment and Labour where required.
Baseline risk assessment and a project-specific health and safety plan.
Health and safety file, kept up to date on site and available for inspection.
Written appointments of the construction manager, construction supervisors, and other competent persons the regulations require.
Fall protection plan, excavation plan, scaffolding and plant inspection records as applicable to the work.
Emergency procedures, first aid arrangements and incident reporting records.

Section 37 agreements are the item most often missing when an inspector arrives. Without one, the principal contractor carries liability it thought it had passed on.

3. The per-person file

Written appointment letters, signed and dated, for every statutory appointment.
Competence evidence: qualifications, training certificates and experience.
Medical fitness certificates where the task requires them.
Induction records for every worker on the site, including subcontractors.
Personal protective equipment issue records.

4. Subcontractor control

Each subcontractor's own COIDA letter of good standing.
Each subcontractor's CIDB grading where the work requires it.
Signed mandatary agreement per subcontractor.
Subcontractor health and safety plan aligned to the principal contractor's plan.
Induction and site access records for subcontractor staff.

5. The evidence pack

Build one pack per project: the company file, the mandatary agreements, the notification, the health and safety plan and file index, the appointment register, the induction register and the inspection records for the period.

Both the Department's inspectors and your client's principal agent ask for versions of the same set. Keeping it current is the difference between an inspection and a stoppage.

Frequently asked

What is a section 37 mandatary agreement?

A written agreement between a client or principal contractor and a contractor under the Occupational Health and Safety Act 85 of 1993, section 37, allocating health and safety duties. The Construction Regulations 2014 give it practical effect on construction projects.

Do subcontractors need their own letter of good standing?

Yes. Each employer registers separately with the Compensation Fund, and principal contractors should hold a current letter for every subcontractor on site.

Is the health and safety file a once-off document?

No. It must be kept current on site for the duration of the work and made available on request.

Sources

TefCo Corporate Compliance (Pty) Ltd is a compliance management platform, not a legal, tax or advisory firm. This guide is general information, not advice. Fees, dates and thresholds change — confirm current figures with the regulator before you rely on them.