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ARCHITECT ACT 1967

Akta Arkitek 1967

Edited by:
Ar. Intan Elyana binti Mohd Helmi
Architects Act 1967
Revised 1973
Amended 2015

 It is an Act passed by Parliament

 Provides a registration of Architects, sole proprietorship,


partnerships and bodies corporate providing architectural
consultancy services, interior designers and building
draugthsmen.

• PART I : PRELIMINARY
• PART II : BOARD OF ARCHITECTS
• PART III : REGISTRATION OF ARCHITECTS
• PART IV : CANCELLATION,REMOVAL, REINSTATEMENT, ETC
• PART V : SPECIAL PROVISIONS RELATING TO BD
• PART VA : SPECIAL PROVISIONS RELATING TO INT DESIGNERS
• PART VB : SPECIAL PROVISIONS RELATING TO INSPECTORS OF WORKS
• PART VC : SPECIAL PROVISIONS RELATING TO ARCHITECTURAL TECHNOLOGISTS
• PART VI : GENERAL

* INCORPORATING AMENDMENTS UP TO FEBRUARY 2015


CONSIST OF 39 MAIN SECTIONS & VARIOUS SUB-SECTIONS
Architect Act 1967

PART I PART II PART III PART IV PART VI


PRELIMINARIES BOARD OF REGISTRATION OF CANCEL/REMOVE/ GENERAL
ARCHITECTS ARCHITECTS REINSTATEMENT

1. SHORT TITLE 3. ESTABLISHMENT OF 5. REGISTER 15A. POWERS TO 28. APPEAL


BOA – LAM: INVESTIGATE AND 29. APPEAL BOARD
6. APPOINTMENT APPOINMENT OF 30. TENURE OF OFFICE
2. INTERPRETATION 4. FUNCTIONS OF THE & DUTIES OF DISC. COMM. OF MEMBERS OF THE
BOARD REGISTRAR APPEAL BOARD
31. PROCUDER OF
7. RESTRICTION ON 15B. (REPEALED) APPEAL
UNREGISTERES 32. PROCUDER OF
PERSONS 16. REMOVAL FROM APPEAL BOARD
REGISTER 33. PENALTIES,OBTAINING
7A. ACP REGIS BY FALSE
PRETENCES
17. REINSTATEMENT
34. GENERAL PENALTY
7B. MDP 34A. FAILURE TO COMPLY
18. CERT. OF WITH ORDER OF
8. ENTITLEMENT REGISTRATION OF DISCIPLINARY
ARCHITECTS COMMITTEE, BOARD,
9. PROF. ARCH APPEAL BOARD OR
SUBJECT TO THIS MINISTER
ACT 34B. POWER OF
PART V SEARCH
10. QUALIFICATION B/D 34C. LIST OF THGS SEIZED
FOR 35. RULES
REGISTRATION PART VA 35A. AUTH. BY PRESIDENT
35B. NOTICES
ID
10A. TEMP. REGIS. 35C. INDEMNITY
OF FOREIGN 35D. APP. OF ADVOCATE
ARCHITECT PART VB & SOLICITOR
IOW 36. L/SCAPE & NAVAL
11. (REPEALED) ARCH.
12. APPLICATION FOR 37. VESTING OF
REGISTRATION PART VC PROPERTY
38. REPEAL
13. CERTIFICATE OF AT
REGISTRATION 39. SAVING THE RIGHTS
14. NOTIFICATION OF OF GOVERNMENT
CHANGE OF
ADDRESS.
15. DELETED
Architect Act 1967

PART I PART II PART III PART IV PART VI


PRELIMINARIES BOARD OF ARCHITECTS REGISTRATION OF ARCHITECTS CANCEL/REMOVE/ GENERAL
REINSTATEMENT

1. SHORT TITLE 3. ESTABLISHMENT OF 5. REGISTER 15A. POWERS TO INVESTIGATE 33. PENALTY, REG. BY
BOA – LAM: AND APPOINMENT OF FALSE PRETENCES
SEC A: NAME, ADD PROF.ARCH DISCPLINARY COMMITTY
18 pers. SEC B: NAME, ADDGRAD.ARCH
(1) P, SEC C: NAME, ADD ACP (2) * Offer/Accept illicit •False certificate, fraud
2. INTERPRETATION (5) Gov, commission declaration, fraud
(8) Priv, • Forged, altered cert.
6. APPOINTMENT & DUTIES OF REGISTRAR •Have Financial interest
IR, QS, ID, BDGDGHT. •Reg. obtained by fraud •Impersonate Prof. Arch.
•Misconduct/disgraceful •Buy fraud Cert.
7. RESTRICTIONS ON UNREGISTERED PERSONS AND •Fails to comply to any provs of •Contravenes sec 7, 15A(6),
4. FUNCTIONS OF THE GRADUATE ARCHITECTS 34B(5)
Act
BOARD •False/negligent cert.
7. (1) AR. PROF. CAN: •Fraud/dishonesty/moral turpitude
 keep/maintain reg. of -Practice, carry on business, take up employment to •Unsound mind Fine!!
Prof. Arch, Grad Arch, perform architectural consultancy service •Bankrupt 334. GENERAL
ACP -Entitled to describe himself Prof. Arch. •Uncapable to perform duty PENALTY
 Conduct -Can display signboards, card etc implying he is Prof.
Exam/provide Arch.
Scholarship -Can use abbrev. Ar/P.Arch 16. REMOVAL FROM REGISTER •Fail to comply to any
 Fix somf -Can claim fee, charge, & rumenaration for ACP provisions of the Act/Rules –
 Hear dispute, regulate rendered •Death Fine! Max 10k, 2 yrs jail
conduct (2) GRAD ARCH. CAN: •ACP ceased to Practice
10. QUALIFICATION - Practice, carry on business, take up employment to •Fail to renew cert.
FOR perform architectural consultancy service with written •Error by LAM when reg.
7B. MDP approval from LAM •Regist. Canceled under:
REGISTRATION 34B. POWER OF
34A, 15A(2), 34A, 7B(3), 7A(5)dd
BOA SEARCH
7A. ARCHITECTURAL CONSULTACY PRACTICE 34C. LIST OF THGS SEIZED
(1) Graduate Architect Ar, Ir, Sr ,Min combined
17. REINSTATEMENT
(2) Prof. Arch: share – 70%
Ar. Min share – 10% (1)S/P, P/S, B/C can practice as ACP and can claim
35. RULES
- Graduate Architect
Others – 30% fee, charge and rumenaration for services rendered 35A. AUTH. BY PRESIDENT
- Practical Experience * Ar., Grad Arch, ACP been
- Sit LAM pt III exam iprovided that: 35B. NOTICES
removed can reinstate
- Corporate Member of -registered with LAM 35C. INDEMNITY
PAM
8. ENTITLEMENT -issued with cert 35D. APP. OF ADVOCATE
-registration fee is paid 18. CERTI.TO BE RETURNED. & SOLICITOR
-Prof. Arch entitle to: (3) S/P, P/S, B/C 36. L/SCAPE & NAVAL
10A. TEMPORARY. •Submit plans to PBT - all has to have Ar.
ARCH.
REGISTRATION FOR •Prepare and Submit (4) Change of S/P, partner composition
Planning Approval - notify LAM- 30 days. 37. VESTING OF
FOREIGN ARCH
•Prepare Planning Report (5) If the Disc. Comm, finds that S/P, P/s, B/C : PROPERTY
LCP for PBT a.Fail to comply with the Board 38. REPEAL
(1)Govmt or inter Govmt • Planning studies EIA b.Partner Composition not comply to 7B 39. SAVING THE RIGHTS
(2)a.Posses necessary •Valuation for building/ c. ACP breached subsection 4 OF GOVERNMENT
qualification structure/ equipmt d. i)Deregister (15A) ii) False Pretences (33)
b. Necessary expertise •Prepare/ Submit applic. 4: Fine 11. (REPEALED)
- AND presence -Conversion (aa) Written reprimand 12. APPLICATION FOR REGIST.
required >180days -Subdivision (bb) Fine 50k 13. CERT.OF REGIST.
- Pays fee -amalgamation (cc) susp. Reg. 2 yrs
(dd)Cancel reg.
14. NOTIFICATION OF
(ee) All of the above CHANGE OF ADD.
9. PROF. ARCH 15. DELETED
SUBJECT TO THIS ACT
SALIENT AMENDMENTS TO THE ARCHITECTS ACT

Section Amendments
Section 3 Increase in composition of board members from
17 no. to 21 no. (inclusion of 1 no. IOW, 1 no. AT
and 2 architects from private practice)

Section 7A Composition of Body Corporate

Section 10(3) The Deletion of the Malaysian Citizenship

Section 15 Investigation Officer – from 1 person to not more


than 3 persons

Disciplinary Board – from 3 person to not more


than 5 persons

Section 15A,25(2) and 27G Increase in Penalties

Section 19 New Registration of Building Draughtsmen deleted


PART I
PRELIMINARIES
PART I
PRELIMINARIES

SECTION 1: SHORT TITLE

This act may be cited as the Architect Act 1967


This Act shall come into force on such date as the minister may by notification in the Gazette appoint.

The minister may be notification in the Gazette suspend the operation of thus Act in any part of Malaysia.

SECTION 2: INTERPRETATION
ACP
ARCHITECT
ARCHITECTURAL TECHNOLOGIST (AT)
BOARD
BUILDING AUTHORITY
FOREIGN ARCHITECT
GRAD ARCHITECT
GRADUATE INTERIOR DESIGNER
INSPECTOR OF WORKS (IOW)
IDCP
PAM
PROFESSIONAL ARCHITECT
REGISTRAR
PART II
BOARD OF ARCHITECTS
PART II
BOARD OF ARCHITECTS

ESTABLISHMENT OF BOARD OF ARCHITECTS MALAYSIA


SECTION 3:

(1) A body corporate with perpetual succession and a common seal


which may sue or be sued.

(2) It consists of members of Professional Architects and allied


professionals appointed by the Minister

MEMBERS COMPRISES OF:


• A President
• 5 Professional Architects (Public service)
• 10 (8) Professional Architects
- Private practice min 5 years in Malaysia
- 3 from PAM council list
• 1 Board of Engineers
• 1 Quantity Surveyors
• 1 Building Draughtsmen
• 1 Interior Designers.
• 1 Inspectors Of Works
• 1 Architectural Technologists
BOARD OF ARCHITECTS

1 A President

5 Professional Architects (Public service)

10 Professional Architects (Private practice )


practice min 5 years in Malaysia

7 10
3 3 from PAM council list

Quantity Surveyors 1 1 Board of Engineers

Inspectors Of Works 1 1 Interior Designers.

Architectural 1 1 Building Draughtsmen


Technologists
By;
Ar. Intan Elyana binti Mohd Helmi
BOARD OF ARCHITECTS
COMMITTEES
FUNCTION OF THE BOARD
SECTION 4:
a. Keep and maintain Register of Professional Architects, Graduate
Architects , Foreign Architects and Architectural Consultancy
Practices (ACP), a register of Bldg D, ID, Grad ID, ID CP, IOW and AT

aa. Keep and maintain Register of Building Draughtsmen and Interior


Designers

b. Approve/ reject application for registration.

c. Issue reprimand impose fines, impose suspension, cancellation,


removal from or reinstatement of architect/building draughtsman.

d. To fix scale of fees for Professional Arch, ACP,ID, ID CP and BD

dd To fix scale of fees for Interior Designers

e. To hear dispute relating to professional conduct and appoint arbitrator.

ea. Act as stakeholder in a contract for architectural consultancy services and


ID CP, when requested

eb. Authorize any person to investigate any offence

ec. Employ any person to assist board in carrying out its functions, powers
and duties with terms and from time to time subject to such term &
conditions as it may determine
FUNCTION OF THE BOARD
SECTION 4:

f. To determine and regulate conduct and ethics of P.Arch, Architects


Graduate Arch., Interior Designers and Building Draughtsman, Foreign
Architects, Grad ID. IOW ,AT, ACP &ID CP.

g. To represent the profession and make recommendation to the


government on current registration and local matter. Or any public or Blg
Authority or any institute, body or society for the time being representing
the profession.

ga To appoint council to conduct examination for admission to the


profession.

gb. To appoint council to advise and regulate matters relating to arch and
interior design education

h. To appoint persons representing the professional and to make


recommendation in relation to any examination for qualification for
admission to the profession.

i. To appoint members of the Board to sit on any Board example Board of


Engineer and Quantity Surveyor profession.
j. To provide scholarship and other facilities of learning and education in
connection with architecture and interior design
ja. To conduct activities for the promotion of Arch, GA, BDM, ID, GID, IOW,
and AT; and
k. Do all things to carry out the provision of the Act,
FUNCTION OF THE BOARD
FUNCTION OF THE BOARD
FUNCTION OF THE BOARD

Keep and maintain Register of


Architects, Graduate Architects,
Foreign Architects and ACP, Bldg D,
ID, Grad ID, ID CP, IOW and AT REGISTRATION

Conducting examinations for


EDUCATION admission to the profession

Regulating of their conduct and


ethics
PRACTICE

To hear dispute relating to


DISCIPLINARY
professional conduct and appoint
arbitrator

Employ person to assist board OTHERS

PRACTICE Fix SOMF with Ministry’s approval

By;
Ar. Intan Elyana binti Mohd Helmi
QUICK WAY TO REMEMBER LAM FUNCTION
What are the functions of LAM?
•F Fixing Scale Of minimum fees
(meminda skel fi minimum)
•I Issue order
(mengeluarkan perintah/peraturan dr smasa ke smasa)
•K Keep & Maintain registration
(menyimpan & menyenggara pendaftaran seluruh Arkitek di Malaysia)
•A Approve & reject application
(meluluskan dan menolak sesuatu permohonan untuk mendaftar)
•H Hear & determine dispute
(mendengar dan memutuskan sesuatu pertikaian)
•G General
(mengeluarkan sebarang bentuk peraturan/arahan & tindakan berhubung isu-isu arkitek di Malaysia)
•E Exam
(melantik jawatankuasa untuk menganjurkan peperiksaa professional LAM Part 3)
•S Stakeholder
(Pemegang amanah harta)
•A Appoint members of disciplinary committee
(Melantik ahli-ahli yang akan menganggotai jawatankuasa disiplin)
•D Disciplinary committee
(membuat keputusan berdasarkan keputusan yang diputuskan oleh jawatankuasa disiplin)
•I Investigate
(menyiasat sesuatu laporan berhubung salahlaku seseorang Arkitek mahupun syarikatnya)
•R Represent Public
(menjadi badan perantara antara orang awam dan arkitek professional)
•A Authorize officer
(melantik mana-mana pegawai yang boleh mewakili LAM)
•S Scholarship
PART III
REGISTRATION OF ARCHITECTS
PART III
REGISTRATION OF ARCHITECTS

SECTION 5: REGISTER

Register of Professional Architects, Graduate Architects,foreign


architects and architectural consultancy practices. which shall
contain the names, addresses and other particulars

SECTION A Professional Architects

Names
SECTION B Graduate Architects
Addresses
Architectural
SECTION C
Consultancy Practices Others particulars

SECTION D Foreign Architects


PART III
REGISTRATION OF ARCHITECTS

SECTION 6: APPOINTMENT & DUTIES OF REGISTRAR

• by Minister and to upkeep Register and performed all


duties made under the general direction of Board.
• signing of certificates and renewal, recording entries of
registration, suspension, cancellation, removal and
reinstatement.
• publish names and practices whose registration has
been cancelled or reinstated

UPKEEP REGISTER AND


SIGNING PUBLISH
PERFORMED ALL DUTIES
REGISTRATION PROFESSIONAL ARCHITECTS
REGISTRATION GRADUATE ARCHITECTS
PART III
REGISTRATION OF ARCHITECTS

SECTION 7 : RESTRICTIONS ON UNREGISTERED PERSONS AND GRADUATE ARCHITECTS

No person shall practice or carry on business of 7. (1) AR. PROF. CAN:


architectural consultancy services UNLESS he is an Practice, carry on
Architect. business, take up
employment to perform
architectural consultancy
service
CANNOT BE Entitled to describe
called Professional Architect himself Prof. Arch.
Can display signboards,
card etc implying he is
use or display sign, board, card or any device Prof. Arch.
implying he is Professional Architect Can use abbrev.
Ar/P.Arch
use ‘Ar’ in whatever language Can claim fee, charge,
& rumenaration for ACP
rendered
be entitle to recover fees in any court 7. (2) GRAD ARCH. CAN:
Practice, carry on
set up architectural consultancy services in the form business, take up
of sole proprietor, partnership or body corporate employment to perform
architectural consultancy
service with written
approval from LAM
ACP

Architect

Ahmad
Architect

AR.

RM
t

By;
Ar. Intan Elyana binti Mohd Helmi
PART III
REGISTRATION OF ARCHITECTS

SECTION 7A : ARCHITECTURAL CONSULTANCY PRACTICE (ACP)

(1)S/P, P/S, B/C can practice as ACP


Registration of sole proprietorship, partnership or body and can claim fee, charge and
corporate shall be approved by the Board remuneration for services rendered
provided that:
 Sole proprietor, partners of partnership and share -registered with LAM
holders of body corporate must be a Professional -issued with cert
Architect -registration fee is paid
(3) S/P, P/S, B/C - all has to have Ar.
Body corporate has a board of directors as may B/C – shareholder as prescribed
prescribed by the Board. (4) Change of S/P, partner
composition
 Body corporate must has shareholdings and paid-up - notify LAM- 30 days and obtain
capital as prescribed by the Board. approval
 Any occurrence of change of practices within 30 days (5) If the Disc. Comm, finds that S/P,
to be furnished to the Board and to obtain Board’s P/s, B/C :
approval. a.Fail to comply with the Board
b.Partner Composition not
Disciplinary committee may reprimand, fine, suspension comply to 7B, 7(3)
or cancel registration if fail to comply to the conditions of c. ACP breached subsection 4
registration of the practices (fine <RM100,000 (RM 50,000) d. i)Deregister (15A) ii) False
Pretences (33)
Appeal and reinstate Fine
(aa) Written reprimand
(bb) Fine 100k
(cc) susp. Reg. 2 yrs
(dd) Cancel reg.
(ee) All of the above
PART III
REGISTRATION OF ARCHITECTS

SECTION 7A : ARCHITECTURAL CONSULTANCY PRACTICE (ACP)

(10) This section does not apply to an Architect who submits a


plan for a building wholly owned by the Architect.

ACP ENTITLED CHANGE OF


COMPOSITION

SOLE • Architect • practice as notify LAM- 30 days


PROPRIETORSHIP ACP and obtain approval
• registration fee is
PARTNERSHIP
paid • claim fee
BODY
• registered with
CORPORATE
LAM

• issued with cert


PART III
REGISTRATION OF ARCHITECTS

SECTION 7B : A BODY CORPORATE PROVIDING ARCHITECTURAL CONSULTANCY


SERVICES, PROFESSIONAL ENGINEERING SERVICES AND/OR QUANTITY
SURVEYING SERVICES. (MDP)

Board of directors comprises of BOA


Professional Architect, Ar, Ir, Sr ,Min combined
Professional Engineers share – 70%
and/or registered Quantity Surveyors Ar. Min share – 10%
Others – 30%
 Multi-Disciplinary Body Corporate must have a
minimum paid-up capital
prescribed by Board (RM150,000), incorporated
under Companies Act 1965

Composition Of Share:
i) minimum combine share of 70% of overall equity of that body corporate of
which 10% minimum share hold by Professional Architect

ii) Maximum share of 30% hold by any persons or persons belonging to allied
profession to architecture, engineering or Quantity Surveyor
General Circular No. 2/2004
GUIDELINES ON ARCHITECTURAL CONSULTANCY PRACTICES

At any one time, a Professional Architect is allowed to set up


architectural consultancy practices as follows:

Any TWO different types of practices of different composition but


shall not include a Multi-Disciplinary Practice (MDP)
eg: sole Proprietor and partnership or
sole Proprietor and body corporate or
partnership and body corporate

Any THREE different types of practices of different composition


including one Multi-Disciplinary Practice (MDP)
eg: any two of the above and MDP
DIFFERENT FORMS OF ACP

BODY CORPORATE/
SOLE PROPRIETOR PARTNERSHIP COMPANY/ MULTI EMPLOYEE
DISCIPLINE

LIABILITY Professional Professional Professional unlimited. Not liable


unlimited unlimited commercial liability to presently.
shares paid for major Law in UK
share by architects change

CONSTITUTION None Partnership Memorandum of Articles Employment


agreement altered by provision of agreement
can be altered the Act .
Internal management by
majority shareholder

LEGAL STATUS personal Partnership Own legal entity, Personal


maintain separate from
separate legal shareholder
entity
REGULATION None Partnership Act Company Act Employment Act

CAPITAL Self Contribute by Limited to authorized None


partners amount

ACCOUNTS No legal No legal Proper Accounts to No legal


requirement requirement lodge annually ROC requirement

TAX Variation to By individual Fix percentage Variation to


income partnership income
PART III
REGISTRATION OF ARCHITECTS

SECTION 8 : ENTITLEMENT

-Prof. Arch, FA, ACP, entitle to:


Subject to S7A, 7B, only an Architect or a •Submit plans to PBT
foreign architect (FA) who is residing in •Prepare and Submit Planning Approval
•Prepare Planning Report LCP for PBT
Malaysia >180days in 1 calender year can • Planning studies EIA
submit plans or drawings to any person or •Valuation for building/ structure/ equipmt
authority in Malaysia. •Prepare/ Submit applic. 4:
-Conversion
-Subdivision
-amalgamation

SECTION 9 : PROFESSIONAL ARCHITECTS SUBJECT TO THIS ACT.

Every Professional Architect, Registered Architect and Architectural Consultancy


Practice shall subject to this Act

SECTION 10: QUALIFICATION FOR REGISTRATION.


Lays down conditions for registration of registered Architects and professional
architects
PART III
REGISTRATION OF ARCHITECTS

SECTION 10 : QUALIFICATIONS FOR REGISTRATION OF ARCHITECTS, ETC.

(1)(a) Any person with recognized qualification – entitled for application as


Graduate Architect.

(b) Graduate Architect will be required to :


- obtain practical experience as prescribed by the Board.
- pass examinations as may determined by Board
To be entitled for registration as Architect.

(2) Person entitled to register as Architect :


(a)(i) is a Graduate Architect who has obtained practical experience and
passed the examinations.
(ii) Is a Corporate Member of PAM or equivalent.

(2A) Reinstatement – to fullfill S10(2)(a) and other requirements as determined


by the Board

(3) Only a citizen or permanent resident of Malaysia Any person may qualify for
registration as a Graduate Architect or Architect and required to reside in
Malaysia for period not less than 6 months.
PART III
REGISTRATION OF ARCHITECTS

SECTION 10A: TEMPORARY REGISTRATION FOREIGN ARCHITECTS.

Temporary Registration of foreign architects for project wholly


finance by a foreign government or bilateral arrangement
between government any form of arrangement with the
Government of Malaysia.
Need to pay fees and approval of the board
The foreign architect possess the recognized qualification for
practice.
The foreign architect possess necessary expertise requiring his
physical presence in Malaysia or resident rep. Of foreign joint-
venture company
Must stay more than 180 days in a year and he is resident
representative of foreign jv company
“Foreign architects” are not citizen or with permanent resident
of Malaysia.
PART III
REGISTRATION OF ARCHITECTS

SECTION 12 : APPLICATION FOR REGISTRATION OF ARCHITECTS


application in a manner prescribed by the aboardincluding fees

SECTION 13 : CERTIFICATE OF REGISTRATION OF ARCHITECTS


Board issue certificate which expires 31Decemberof the year

SECTION 14: NOTIFICATION OF CHANGE AND ADDRESS OF ARCHITECTS,


FOREIGN ARCHITECTS
PART IV
CANCEL / REMOVE / REINSTATEMENT
PART IV
CANCEL/REMOVE/ REINSTATEMENT

SECTION 15A : POWERS TO INVESTIGATE AND APPOINMENT OF DISCPLINARYCOMMITTY


(2) * Offer/Accept
illicit commission
(1) Board shall appoint : •Have Financial
interest
(a) A member Not more than 3 members of the Board to •Reg. obtained by
investigate into any misconduct / complaint. fraud
(b) A Disciplinary Committee (DC) comprising three •Misconduct/disgrac
member not more than 5 members of the Board, not being eful
a person accepted under paragraph (a), to conduct any •Fails to comply to
hearing of any misconduct/complaint. any provs of Act
•False/negligent
(2) The DC may : cert.
- Issue reprimand •Fraud/dishonesty/m
- Imposition of fine < RM50,000 <RM100,000 oral turpitude
- Suspension for a period not exceeding two (2) three (3) years •Unsound mind
- Cancellation of registration Fine!!
•Bankrupt
•Uncapable to
perform duty
PART IV
CANCEL/REMOVE/ REINSTATEMENT

SECTION 15A : POWERS TO INVESTIGATE AND APPOINMENT OF DISCPLINARYCOMMITTY


Disciplinary Committee may order reprimand, fine
<RM 100,000, (2) * Offer/Accept
<three year suspension, illicit commission
cancellation if :- •Have Financial
interest
a. Offer or accept illicit commission •Reg. obtained by
b. Fail to disclose interest in other trades fraud
c. Registration through fraud and misinterpretation •Misconduct/disgrac
d. Guilty of infamous and disgraceful conduct. eful
•Fails to comply to
e. Fail to comply to any provision of the Act
any provs of Act
f. Fail to observe any conditions or restrictions which he is registered.
•False/negligent
g. Fraud/ misinterpretation when registering the architectural
consultancy practice. cert.
h. Concealing or fail to perform conditions when registering •Fraud/dishonesty/m
consultancy services. oral turpitude
i. Contravenes any terms from Board when registering architectural •Unsound mind
consultancyservices Fine!!
j. practice prior registration. •Bankrupt
k. practice after cancellation •Uncapable to
l. Convicted of fraud dishonesty perform duty
m. Qualification withdrawn
n. Unsound mind
o. Become bankrupt and
p. Incapable of to perform professional duties.
PART IV
CANCEL/REMOVE/ REINSTATEMENT

SECTION 16 : REMOVAL FROM REGISTER

Dead or
Architectural Consultancy Practice
•Death
cease operation. •ACP ceased to Practice
Fail to renew registration •Fail to renew cert.
Registration cancelled •Error by LAM when reg.
•Regist. Canceled under:
Mistake / error made by Board 34A, 15A(2), 34A, 7B(3), 7A(5)dd
during registration.

SECTION 17 : REINSTATEMENT

appeal allowed issue certificate with * Ar., Grad Arch, ACP been
payment of fee removed can reinstate

SECTION 17 : CERTI.TO BE RETURNED.


after 14days of removal
PART V
SPECIAL PROVISIONS RELATING TO REGISTERED BUILDING
DRAUGHSTMEN
SECTION19-27

PART VA
SPECIAL PROVISIONS RELATING
TO INTERIOR DESIGNERS
SECTION 27A-27J
PART VB
SPECIAL PROVISIONS RELATING TO
INSPECTOR OF WORKS
SECTION 27K-27S

PART VC
SPECIAL PROVISIONS RELATING
TO ARCHITECTURAL TECHNOLOGISTS
SECTION 27T-27ZB
PART VI
GENERAL
PART VI
GENERAL

SECTION 33 : PENALTIES, OBTAINING REGISTRATION BY FALSE PRETENCES, ETC

•False certificate, fraud declaration, fraud


fine <RM50,000, • Forged, altered cert.
imprisonment <2years •Impersonate Arch, GA, BD, ID, GID, IOW,
AT
•Buy fraud Cert.
•Contravenes sec 7, 15A(6), 34B(5)

SECTION 34B: POWER OF SEARCH AND SEIZURE

to investigate any offence


inspect and examine any
place of work
seize any document e,g
account, record
pamphlet, letterhead etc

SECTION 35: RULES

The Board may with the approval of the minister make rules
under the Act
ARCHITECT RULES 1996
Kaedah-kaedah Arkitek 1996

Edited by:
Noor Shahriman bin Abdul Aziz
SoMF
Architects Act 1967 (Arch. Rules 2010)

Section 35 (Rules)
Arch. Rules 1996

Schedule

S.2
S.1 CoPC S.3 S.4
Form CoE MoA

CoPC CoE (Rules


(Rules 28) 29)
ARCHITECTS RULES 1996
 PART I :PRELIMINARY
 PARTII :ADMINISTRATION
 PART III :REGISTRATION
 PART IV :CODE OF PROFESSIONAL CONDUCT AND
CONDITIONSOF ENGAGEMENT
PART V :REGISTRATIONOF BODIES CORPORATE
PRACTICING AS ARCHITECTS
PART VI :GENERAL
ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)
PART I PRELIMINARY PART II PART III PART IV PART V
ADMINISTRATION REGISTRATION CODE OF PROFESSIONAL REGISTRATION OF
CONDUCT ARCHITECTURAL
AND CONSULTANCY PRACTICE
CONDITIONS OF
ENGAGEMENT

1. Citation and 3. Meetings of the Board. 17. Application for 28. Code of Professional 30. Form of application
commencement 4. Notice of meetings. Registration Conduct for Architects. and fee.
2. Interpretation 5. Votes. 18. Time limit for Board 29. Conditions of 30A. Board of Directors
6. Proxies not admitted. to decide on application. Engagement. of body coprporate
7. Minutes. 19. Applicant to be registered as ACP
8. Committees. notified. 30B. Paid up capital and
9. Registrar. 20. Registration. shareholding of body
10. Secretary. 21. Certificate of corporate registered as
11. Bank account. registration. ACP
12. Cheques. 22. Application for 31. Certificate of
13. Accounts. renewal. registration.
14. Expenses of the 23. (Deleted) 32. Renewal of certificate
Board. 24. Reinstatement fee. of registration.
15. Audit. 25. Fee for approved 32A. Reinstatement Fee
16. Financial year. areas. 32BA. Registration of
16A. Fees 26. Practical experience. Corporate Members of
27. Qualifications of a the Malaysian Institute of
foreign architect. Interior Designers
ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)

General Ammendment
1996 2015
P.U. (A) 379/1996 P.U. (A) 276
(Enforced
30-November-2015)

“Professional Architect” “Architect”

“A Professional Architect” “An Architect”


ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)

Rule 17 – Application for Registration


Every—
(a) Person desirous of being registered as a Graduate Architect, Professional
Architect, Building Draughtsman or Interior Designer . . . .
(i) Architect – S10(2)
(ii) Graduate Architect – S10(1)
(iii) Building Draughtsman - S22
(iv) Interior Designer – S27D(2)
(v) Graduate Interior Designer – S27D(2)
(vi) Inspector of Works – S27M(1)
(vii) Architectural Technologist – S27V(1)

(a) Foreign architect desirous of being temporarily registered as an


Professional Architect registered under S10A

Shall make an application to the Board in the manner to be determined by


the Board.
ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)

Rule 21 – Certificate of Registration

A B C D E
Graduate Prof. Registered Interior Temporary
Architect Architect Building Designer Foreign
Draughtsm Architect
an TFA

Upon an application for registration as an Architect, a Graduate Architect, a


Building Draughtsman, an Interior Designer, a Graduate Interior Designer, an
Inspector of Works, an Architectural Technologist or registration of a foreign
architect as an Architect being approved by the Board, the Registrar shall
issue a certificate of registration in Form A, B, C, D or E as the case may be
the forms as may be determined by the Board.
ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)

Rule 22 – Application for renewal

(1) Every Professional Architect or Graduate Architect desirous of renewing


his registration (S 13(2)) . . . .
(2) Every Building Draughtsman desirous of renewing his registration
(S22(4)) . . . .
(3) Every Interior Designer or Graduate Interior Designer desirous of
renewing his registration (S27c(4)) . . . .
(4) Every Inspector of Works … S27M(4)
(5) Every Architectural Technologist … S27V(4)

. . . Shall apply to the Board in writing on or before 31 January of the year


following the year of his registration, and such application shall be
accompanied with the renewall fee as prescribed in Part Two of the First
Schedule.
ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)

Rule 24 – Reinstatement
Any (Arch/G. Arch, BDM, ID/GID, IOW, AT) whose name has been removed
from the Register (S16(b), S26(b), S27(H)(b), S27Q(b), S27Z(b)) of the Act for
failure to renew his registration shall within 5 years of such removal, when
notifying the Registration of his desire to be reinstated, in writing state the
particulars of his employment or occupation on the date of his notification to
the Registrar.

Every notification shall be accompanied with the reinstatement fees as


prescribed in Part Two of the First Schedule.
ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)

Rule 26 – Practical Experience


ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)

Rule 27 – Qualifications of a foreign architect


(1) FA to be registered an an architect in his country of origin for not less
than 15 years at date of application.

(2) FA required to possess specific expertise and experience that other


Malaysian architects cannot provide for that specific project. Minimum 5
years exp on specific project type.

(3) FA to confine his professional services and expertise on the particular


project for which his application is approved.

(4) FA applying for registaration to submit proof in writing of requirements in


subrule (1) and (2)
ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)

Rule 28 – Code of Professional Conduct and Conditions of Engagement


Code of Professional Conduct for Professional Architects - Refer Part One of
the 2nd Schedule

Additional sub-rules for Graduate Interior Designer, Inspector of Works,


Architectural Technologist.

Rule 29 – Code of Engagement


(1) Except with prior approval of the Board . . . An Professional Architect shall
only enter into an agreement for ACS according to :
- Architects (Scale of Minimum Fees) Rule 2010
- The Conditions of Engagement (Part One of Third Schedule)
- Memorandum of Agreement (Part One of Fourth Schedule)
ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)

Rule 30A – Board of directors of body corporate registered as ACP

(1) Board of directors of a body corporate (S7A(3)(c) comprise of :

(a) At least two third of its members are Architects and the remaining
members of the board of directors may be any persons;

(b) At least one person referred to under sub 7A(3)(c)(iv) of the Act.
(Architect-in-charge making all final decisions on the ACP)

(2) Only the director who is an Architect may make any decision relating to
architectural consultancy services.
ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)

Rule 30B – Paid-up capital and shareholding of body corporate

(1) A body corporate registered as an ACP shall have –

(a) Minimum paid-up capital of RM50,000

(b) At least 70% of shares equity held by Architects and remaining share
equity may be held by –

(i) Any person;


(ii) Any body corporate; or
(iii) Any person and body corporate;
ARCHITECTS RULES 1996
ARCHITECTS (AMENDMENTS) RULES 2015 (P.U.(A) 276)

First Schedule – Part Two


Item Particulars of Processing Registration Renewal Fee Reinstateme Fee for
applicant fee Fee nt Fee addition/vari
ation
1 Graduate Architect 100 (50) 100 (75) 75 (50) 100 (75) n/a

2 Architect 100 (50) 500 (300) 300 (200) 500 (300) n/a

6 Foreign Architect 100 (50) 1500 (1000) 1200 (1000) 1500 (1000) n/a

9a ACP : Body corporate 100 (50) 1200 (1000) 1000 (1000) 1200 (1000) n/a

9b ACP : Partnership 100 (50) 1200 (1000) 1000 1200 (1000) n/a

9c ACP : Sole Prop 100 (50) 750 (500) 500 750 (500) n/a
Code Of Professional Conduct
for Architects
Kod Tatalaku Profesional Arkitek

Edited by:
Ar. Intan Elyana binti Mohd Helmi
Noor Shahriman bin Abdul Aziz
PART IV
CODE OF CONDUCT FOR ARCHITECTS AND
CONDITIONS OF ENGAGEMENT

SECTION 28:
An Architect shall in the exercise of his profession, observe and be
guided by the provision of the Code of Professional Conduct for
Professional Architect in Part One of the Second Schedule

SUB SECTION
1 Objective of the Code
2 Compliance with acts and rules
3 Faithful discharge of duties and obligations
4 Professional Integrity
5 Respect for legitimate rights and interest of others
RULE 28 / KAEDAH 28
CODE OF PROFESSIONAL CONDUCT (COPC) /
KOD TATAKELAKUAN PROFESIONAL UNTUK ARKITEK PROFESIONAL

1. MATLAMAT KOD 2. PEMATUHAN AKTA & 3. PELAKSANAAN KEWAJIPAN 4. INTEGRITI PROFESSIONAL 5. MENGHORMATI HAK
KAEDAH-KAEDAH DAN OBLIGASI DGN. SETIA & KEPENTINGAN SAH
ORANG LAIN
(1)Ar. Tidak boleh:
*melibatkan diri dalam apa-apa tred
(1) Mengemukakan nama (1)Ar. Mengekalkan: atau perniagaan. (1)Ar tidak boleh
Menggalakkan *memgang jawatan dlm. Mana-mana
pengamal perundingan *standard perkhidmatan & kewibawaan `supplant’ Ar lain
standard tred kecuali mengistiharkan
senibina utk.kelulusan profesional. yang telah dilantik
tatakelakuan • mempertingkatkan pengetahuan.
kepentingannya kpd.klien secara bertulis.
(2) Ar. Tidak boleh menjadi oleh klien dgn
profesional • tingkatkan kemahirannya secara penimbangtara jika dia juga ialah
(2) Tidak boleh menubuhkan berterusan menawarkan
dan disiplin diri suatu pejabat
seorg.pemaju.
potongan fi
(2) Ar. Memastikan: (3) Ar. Boleh bertindak sebagai `turnkey
yg. cawangan melainkan cont’ dgn syarat tidak melanggar kod ini.
* Pekerjanya berwibawa
Dikehendaki ikut garis panduan LAM. *diselia secukupnya utk.melaksanakan (4) Tidak boleh mengendors bahan (2)Dibayar fi
binaan dn gunakan penyataan
drp. Ar. demi (3) Letter Head: *nama tugas ke tahap standard yg. boleh diterima perbandingan. utk.memberi kritik
kepentingan tuan punya (3) Ar. hendaklah: (5)Tidak boleh buat penyataan atau atau pandangan
S/P, P/S, BoD *mentadbirkan kontrak bangunan secara berhubung kerja Ar
awam. tuntutan yang mengelirukan berhubung
berwibawa. kelayakan dan pengalaman kerjanya.
* kelayakan & lain yang telah
• saksama dlm. apa-apa pertikaian (6)Boleh menerbitkan artikel, subjek
jawatan masing-masing diantara klien & kontraktor. ilustrasi samada individu atau secara dilantik oleh klien
(4) Ar. Boleh buat (4) Ar. hendaklah: koloborasi berdasarkan fakta berkaitan dan juga dengan
pengumuman dan atau adil kepada orang lain. syarat ianya juga
* Mempunyai pengetahuan, keupayaan & (7) Ar. Boleh mengeluarkan iklan
pengucapan tahniah sumber yg. cukup utk memenuhi komitment mengenai praktisnya mengiku telah dilantik oleh
dlm.akhbar ikut kpd. klien. g/panduan LAM. klien dan
g/panduan LAM 5) Ar. hendaklah gunakan standard (8) Perkara (6)&(7) yg dibenarkan tidak mempunyai
(5) Ar. Boleh gunakan kad kemahiran dan ketekunan yg.munasabah boleh buat perbandingan/superlatif
t/jawab kpd.klien.
tetapi tidak terhad kdp: berhubung praktisnya
perniagaan (9)Ar boleh iklan mengenai panggilan
a.Semua bentuk perakuan
mengandungi butiran b.Pentadbiran kontrak
tender. (3)Kod tidak
yg. tepat. (10)Ar boleh ambil bahagian dlm.forum menhalang Ar.
c.Penyeliaan tapak & temuramah yg.menggalakkan minat
6) Ar. May: d.Pematuhan kehendak statutori. dlm senibina kecuali yg.dilarang oleh kod Menerima ganjaran
• Meletakkan satu papan (6) Ar. Shall hendaklah memulakan (11)Ar.hendaklah hormati kerahsiaan untuk servis sbg.
tanda dlm.bangunan perkhidmatanya dgn memberitahu klien urusan kliennya. Pengarah
secara bertulis mengenai: (12)Tidak boleh menawarkan saraan
menunjukkan pengamal atau dorongan utkmemperkenalkan
.
perundingan *Syarat-syarat perlantikan (COE) (4)Pa.setiap masa
seorang klien.
*SoMF termasuk cara pengiraan spt berikut:
senibinanya. (13)Tidak boleh menerima apa-apa mesti menghormati
a.Skop kerja hadiah, diskaun atau komisen
• Pamerkan p/tanda b.Pembahagian tanggungjawab Ar lain yang
(14) Tidak boleh masukan klausa utk buat
diluar pejabat atau c.Had t/jawab, jika ada; pembayaran kepadanya melainkan berdafter dibawah
cawangannya. d.Penamatan perkhidmatan perundingan mengikut g/panduan LAM. Akta ini.
• Pamerkan p/tanda di senibina (15)Dilantik sbg. Anggota badan
kerajaan atau badan berkanun, tidak
tapak projek mengikut Mendapatkan persetujuan klien secara
boleh ambil bahagian dlmproses buat
g/panduan PBT & bertulis dlm tempoh 60 hari. keputusan sekiranya terlibat sbg
Pekeliling LAM (7)Jika persetujuan tidak diperolehi secara perunding dan perli istiharkan
bertulis adalah dianggap telah bersetuju. kepentingannya.
(7) Ar. Boleh ambil bahagian
(8) Ar. Tidak boleh mengesahkan atau (16)Sekiranya `conflict of interest’
dlm. Pertandingan meluluskan lukisan, spesifikasi yang tidak hendaklah dimaklumkan kpd.kliennya.
senibina yg.diluluskan disediakan olehnya untuk mendapatkan (17)Perundingan senibina hendaklah
ikut g/panduan LAM. kelulusan dr. PBT. hanya disara dari fi ygkena dibayar.
Code Of Professional Conduct
Kod Tatalaku Profesional Arkitek

Sub Rules 1: OBJECTIVE OF CODE

to promote the standard of professional conduct


and self discipline required of Professional Architect
in the interest of public

Menggalakkan standard tingkah laku profesional


dan disiplin diri demi kepentingan awam
Code Of Professional Conduct
Kod Tatalaku Profesional Arkitek

Sub Rules 2: COMPLIANCE WITH ACTS AND RULES

1) Professional Architect to submit proposed name of ACP for Board’s approval name of ACP
prior practice. CIR 2/2004

2) shall not established branch office unless in accordance with Board’s guidelines branch office
and circulars. CIR 2/2010

3) Letter head shall list only names of sole proprietor, partners or directors of ACP
Letter head
with their respective qualification and designation. CIR 3/2010 , CIR 2/2004

4) Permitted to insert any announcements or felicitation in the press in accordance


with Board’s guidelines and circulars. CIR 3/1997
announcements

5) May use calling cards that shall contain accurate particulars of qualification calling cards
and designation.

6) Professional Architect may:

a) place his ACP in completed building – with consent of the Board


signboard
b) Exhibit signboard outside his office or branch office.

c) Exhibit name or his ACP on construction signboard.

provided comply to statutory requirement and Board’s guidelines and circulars.

7) Shall only participate in architectural competitions conducted and approved by


Board and guidelines and circulars issued by Board. CIR 2/2005 competitions
Code Of Professional Conduct
Kod Tatalaku Profesional Arkitek

Sub Rules 2: COMPLIANCE WITH ACTS AND RULES

Name of
ACP
CIR 2/2004
Branch
Competitions
Office
CIR 2/2005
CIR 2/2010

COMPLIANCE WITH Letter head


ACTS AND RULES
CIR 3/2010 ,
Signboard CIR 2/2004
Completed building
Outside his office or
branch office.
Construction signboard
Announcements
Comply Board’s
guidelines and circulars. CIR 3/1997
insert any
Calling announcements or
Cards felicitation in the
press
Code Of Professional Conduct
Kod Tatalaku Profesional Arkitek

Sub Rules 3: FAITHFUL DISCHARGE OF DUTIES AND OBLIGATION

6) Before commencing works, notify the client in writing the conditions of Before works notify client in
engagement and scale of professional fees including method of writing:
ENGAGEMENT + APPOINTMENT

calculation, in respect of the following: COE 7


scope
a) Scope of work

b) Allocation of responsibilities; responsibilities

c) Limitation of responsibilities, if any; and Limitation responsibilities

d) Termination of architectural consultancy services Term termination

Within 60 days to obtain client agreement in writing on the condition of Obtain confirmation within
engagement and scale of fees 60days

7) If no respond within 60 days but the client agrees by his conduct to the Not respond but agreed with
condition consider agreed
condition of engagement and scale of fees then he is considered to
have agreed.

8) Shall not sign drawing not prepared by him, his employees or person Shall not sign drawing not
SIGN

under his supervision for obtaining approval. CIR 3/1984 prepared by AR.
Code Of Professional Conduct
Kod Tatalaku Profesional Arkitek

Sub Rules 3: FAITHFUL DISCHARGE OF DUTIES AND OBLIGATION


PROFESSIONAL

1) Professional Architect shall maintain professional standard of service Maintain standard


and competence in areas relevant to his professional work by
continually upgrading his professional knowledge and skill.

2) Shall ensure that his employees are competence and adequately


supervised and shall not undermine the confidence of his client by Employees competent
misrepresentation, fraud or deceit. COE 9 (a)(b)

3) Shall administer building contract competently and responsibly and shall Administer/impartial
be impartial in any dispute between client and contractor
SKILL + KNOWLEDGE

4) Shall only undertake services where he can ensure he possesses


Undertake services -
adequate knowledge, abilities and resources to fulfill his commitment to
his client in every respect. adequate knowledge

5) Shall exercise a reasonable standard of skill and diligence expected Standard of skill &
and accepted by his profession but not limited to only
diligence
a) all forms of certification;
b) contract administration;
c) site supervision; and
d) compliance to statutory requirement
Code Of Professional Conduct
Kod Tatalaku Profesional Arkitek

Sub Rules 2: COMPLIANCE WITH ACTS AND RULES

Shall not sign Maintain


drawing not standard
prepared by
Employees
Not respond but AR.
competent
agreed with
condition
consider agreed

FAITHFUL
DISCHARGE OF
DUTIES AND Administer/
OBLIGATION impartial

Before works notify client


in writing:
Scope
Responsibilities
Undertake
Limitation responsibilities services -
Term termination adequate
Obtain confirmation Standard knowledge
within 60days of skill &
diligence
Code Of Professional Conduct
Kod Tatalaku Profesional Arkitek

Sub Rules 4: PROFESSIONAL INTEGRITY

(1) Professional Architect while practicing, shall not- SHALL NOT-


(a) engage with other trades which is inconsistent with the fitting
engage with other trades
and proper discharge of his professional duties
CONFLICT OF INTEREST

(b) Hold, assume or accept a position in any trade in which his Unless he has declared
interest in is conflict
TRADE + BUSINESS /

• Unless he has declared his interest to his client in writing CIR 1/2007
SHALL NOT-
(2) Shall not serve as an arbitrator if he a developer or builder of the serve as an arbitrator ,same
same contract. contract

(3) May act as turnkey or package deal contractor provided does May act as turnkey or
not contravene with the code. package deal contractor

(4) Shall not endorse any material, component, services or product


relating to construction industry by the use of comparative ) Shall not attempt to
supplant endorse any
statements.
material

(5) Shall not lie on qualification, experience or performance. Shall


accurately state the scope and nature of responsibility of works he SHALL NOT make misleading
is claiming credit
Code Of Professional Conduct
Kod Tatalaku Profesional Arkitek

Sub Rules 4: PROFESSIONAL INTEGRITY

MAY PUBLISH
6) May publish or consent to the publication of:
illustrations
(a) illustrations, articles or any presentation of project under his
responsibility individually or in collaboration with others articles
PUBLICATION/ADVERTISING

(b) any subject of which he or his collaborators has written in the form of presentation
circulars, brochures book or any other media
provided that the above are factual, relevant, not misleading or unfair to written
others. CIR 3/1997 factual, relevant, not
misleading or unfair to others.

May advertise services


(7) May advertise his services by any public means but in accordance with accordance with CIR 3/1997
guidelines and circulars of the Board. CIR 3/1997

SHALL NOT contain any


(8) Publications and advertisement shall not contain any comparative or comparative or superlative
superlative description of Professional Architect and ACP.

(9) May advertise for invitation of tenders, professional appointment. Must be May advertise for invitation of
in accordance Board’s guidelines and circulars. tenders

(10) May participate in forum or be interviewed in a manner not prohibit by May participate in forum or be
code. Object to promote interest in architecture, the profession or the interviewed
built environment.
Code Of Professional Conduct
Kod Tatalaku Profesional Arkitek

Sub Rules 4: PROFESSIONAL INTEGRITY

(11) Shall observe the confidentiality of client’s affair, shall not disclose Client’s confidentiality
without prior written consent unless ordered by court

No offers for introduction of


(12) Shall not give any offer or gift for introduction of client work

(13) Shall not accept any discount, gift, commission or any form of
inducement from contractors, suppliers or tradesmen nor his No discounts/gifts
employees

(14) Shall not permit any insertion in tenders, BQ or other contract


documents which provide payment to be made to him by
No payment to Architect by
contractor unless
Contractor
- in accordance with Board’s guidelines and circulars
- with full knowledge of the client

(15) If appointed a member of a government or statutory with the


Government member – to
power to approve development application, he should declare declare
interest for his own submission and shall not take part in decision
making process
Code Of Professional Conduct
Kod Tatalaku Profesional Arkitek

Sub Rules 4: PROFESSIONAL INTEGRITY

(16) Must disclose to his client, owners or contractor of any significant To declare to all parties
circumstances known to him that could be construed as creating a conflict of interest
conflict of interest
- such conflict does not interfere with Professional Architect ’s duty
to render impartial judgment

(17) Arch who runs ACP shall be remunerated solely by fees payable his
client. Architect to paid solely by
fees
PArch in employment shall be paid by salary and other benefit agreed
with employer shall be debarred from any other sources of
remuneration
Code Of Professional Conduct
Kod Tatalaku Profesional Arkitek

Sub Rules 5: RESPECT FOR LEGITIMATE RIGHT AND INTEREST OF OTHERS

(1) Shall not attempt to supplant or shall compete to reduce fees to SHALL NOT supplant & reduce
secure commission fees

(1A) Before proceeding with work that another architect has been Obtain letter of release (LOR)
engaged, shall communicate in writing and obtain a letter of
release from him.

(2) May be paid fees for giving independent opinion on works of May be paid for giving opinion
another Architect , provided that of other architect’s work
– engage by a client for that purpose and
– assume responsibility for such opinion.

(3) Nothing in this Code shall stop Architect from getting Shall be a director of
remuneration if he is a director of registered corporation registered corporation

(4) Shall at all times acts honorably towards other persons registered Shall act honorably
under this act.
Professional
1. Posses expert and specialized knowledge (COPC – 3(4),(5))

2. Excellent practical and literary skills (COPC – 3(1))

3. Govern by Act & professional code of conduct ( A117, Sec 9,


COPC -2)

4. Self regulate & accountable (COPC – 4)

5. Responsible for their action (A117 Sec15A(2)


• To create
SPECIAL SKILL & • To design
KNOWLEDGE • To plan
• To manage & supervise

• Competence
GOVERN BY • Integrity
CODE OF CONDUCT • Honesty
• Attitudes

• Subject to disciplinary
SELF action
REGULATORY for misconduct /
WHAT MAKES malpractice

YOU A
PROFESIONAL? • relied on to be
ACCOUNTABILITY conscious diligence &
dedicated

• professional resp.
•Legal resp.
REPONSIBILITY •Contract resp.
•Moral resp / duty of care
WHAT ARE THE ARCHITECTS RIGHTS

Section 7
1. Practice/run business/take up employment for ACP
2. Can call himself a “Proffessional Architect”
3. Can display sign board, card and other device as Prof. Arch.
4. Can use the abbreviation Ar. / P. Arch
5. Can charge fee/rumenaration for services rendered

Section 8
6. Can perform work under architects entitlement sec 8 arch act
WHAT ARE THE ARCHITECTS ROLES

1. To interpret & implement Design Intentions


2. To ensure final completion of the Project
3. Ensure Client’s Interest Protected
4. Submission and Approvals of Plans
5. Advice need of engagement of other consultant
6. Administer Building Contract
WHAT ARE THE ARCHITECTS
RESPONSIBILITY
1. Professional- Clients certifier, agent ,adviser
2. Contractual- Quasi arbitrator, certifier, keep time & budget, contract administrator
3. Legal- Building compliance to Law
4. Moral- protect interest of public, duty care
WHAT ARE THE ARCHITECTS LIABILITY

1. Design default
2. Cost over run
3. Poor project/ contract management
4. Bad and wrong advice
5. Certification mistake and premature
6. Late issuance information
Related questions on Registration / ACP

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