WHY PART 3 ACT 117 ARCHITECTS ACT 1967

WHY PART 3?

ACT 117 ARCHITECTS ACT 1967 WHAT? § An Act of Parliament introduces a law or changes and existing law. § An Act to provide for the registration of architects sole proprietorship, partnerships, and bodies corporate providing architectural consultancy services, interior designers and building draughtsmen. § Architecture is a “protected” profession. WHY? § To protect the architects? § To protect the interest of the public?

ACT 117 ARCHITECTS ACT 1967 HOW? § Architectural services can only be provided by persons registered with the Board of Architects, Malaysia (LAM) § Section 7 of the Act: “No person shall, unless he is an Architect: (a) be entitled to set up an architectural consultancy practice to render architectural consultancy services subject to section 7 A (aa) be entitled to describe himself or hold himself out under any name, style or title(i) bearing the word “Architect” or the equivalent thereto in any other language; or

ACT 117 ARCHITECTS ACT 1967 (ii) § Bearing any other word whatsoever in any language which may reasonably be construed to imply that he is an Architect; The purpose of the Architects Act is to protect the interest of the public.

ACT 117 ARCHITECTS ACT 1967 § § § Section 10 of the Act: 10. (1)(a) Subject to this Act, any person who holds the qualification recognized by the Board shall be entitled on application to be registered as a Graduate Architect. 10. (1)(b) Subject to this Act, any person who is registered as a Graduate Architect under paragraph (a) shall be required to obtain such practical experience and to pass the examinations as may be determined by the Board in order to be entitled to apply for registration as an Architect under subsection (2)

ACT 117 ARCHITECTS ACT 1967 § § § ARCHITECT: A professional with respected standing in society Professional view is sought after and accepted as definitive: i. Design and construction ii. Laws and regulations

ACT 117 ARCHITECTS ACT 1967 § § § 1. 2. 3. ARCHITECT: Involve safety and health of the public. Must have the minimum knowledge and skills as determined by the Board; The basic education (Bachelor or Master of Architecture) The necessary experience (2 years internship) Part 3 exam.

ACT 117 ARCHITECTS ACT 1967 § § § Under section 35, the Board of architects, with the approval of the Minister makes Rules necessary to: For the purpose of carrying out, Giving effect to, the provisions of the Architects Act

ARCHITECTS (SCALE OF MINIMUM FEES) RULES 2010. § § § i. iii. Under Part II Architectural Consultancy Services Rules 6 Types of Service: Describes the type of services: Basic Services Supplementary Services Additional Services

ARCHITECTS (SCALE OF MINIMUM FEES) RULES 2010. Rules 7 The Basic Services that may be provided by the architectural consultancy practice shall be for any or all of the following phases: a) b) c) d) e) Schematic Design Phase Design Development Phase Contract Documentation Phase Contract Implementation and Management Phase Final Completion Phase

ARCHITECTS (SCALE OF MINIMUM FEES) RULES 2010. Rules 13 Supplementary Services a) b) c) d) e) f) g) h) i) ascertain Clients objectives, brief and constraints advise Client on site selection and suitability prepare project brief Prepare project plan; costing, implementation schedule, cash flow projections, resource plan Prepare master plan for discussion with Local Authority Prepare sales& purchase drawings Certifying and issuing certificates of stage completion Providing interior design services Designing graphics and signange

ARCHITECTS (SCALE OF MINIMUM FEES) RULES 2010. Rules 14 Additional Services a) b) c) d) e) f) g) Advisory services Survey and investigation services Planning and development services Financial advisory services Exceptional negotiations nad protracted involvement services Project management consultancy services Miscellaneous services

ARCHITECTS (SCALE OF MINIMUM FEES) RULES 2010. Part III Rules 23 Fees for Basic Services a) Works to be Classified Under one or more of the three categories of complexities: i. Exceptional character and complexities (airports) Average complexities (art gallery, college) Simplest utilitarian (schools, wareho ii. iii. a) The scale of minimum fees shall be percentage based upon the total cost of the works:

ARCHITECTS (SCALE OF MINIMUM FEES) RULES 2010. Part III Rules 24 Fees for Supplementary Services a) b) On basis of time cost times multiplier; or A lump sum derived from estimated time

ARCHITECTS (SCALE OF MINIMUM FEES) RULES 2010. Part III Rules 25 Fees for Additional Services 1) a) b) 2) 3) 4) a) b) for items under Rules 15, 16, 17, 18, 19 and 21 On basis of time cost times multiplier Lump sum derived from estimate of time Fees for master plans could be either from (a) or (b) Minimum fee for project management services is 3. 5% of the total cost of work Minimum fees for: Landscape is 15% of the total cost of the works Illumination design services is 10% of the total cost of the works

DIFFERENT TYPES OF ARCHITECTURE PRACTICE 1. 0 Sole Proprietor: § Registration with Board of Architects Malaysia (LAM) only § Practice is named after the Owner § Owner carry full liability for the practice § Usually smaller practice

DIFFERENT TYPES OF ARCHITECTURE PRACTICE 2. 0 Partnership: § Registration with Board of Architects only § Basically minimum 2 Architects sole proprietors joining together to share resources § Liability is shared between the partners § Agreement between partners

DIFFERENT TYPES OF ARCHITECTURE PRACTICE 3. 0 Body Corporate (Sdn Bhd): § Registration with Registrar of Company and the Board of Architects Malaysia (LAM) § Board of Directors must have minimum 2 Architects § Paid up capital set by LAM § Liability is limited to the company § Company accounts to be submitted to ROC annually

DIFFERENT TYPES OF ARCHITECTURE PRACTICE 4. 0 Multi Disciplinary Practice: § Registration with ROS and Board of Architects Malaysia § Providing combination of services comprising architecture and engineering, or architecture and quantity surveying § Board of Directors comprising of Architect, Professional Engineer, or Quantity Surveyor § Other persons can hold up to maximum 30% of the company share § Minimum paid up capital to be determined by the Minister

ROLES AND RESPONSIBILITIES 1. 0 Towards the Public: § § § § Under Law: Streets Buildings and Drainage Act Buildings and other built environment components comply to the current laws and regulations and are healthy and safe for occupation. Supervision of Works until completion Issuance of Certificate of Completion and Compliance Professional & Moral Obligations: Protection of natural environment and heritage

ROLES AND RESPONSIBILITIES 2. 0 Towards the Client: Under Law: § Advise Client the law, rules and regulations related to the projects and ensure compliance in design and construction Under Contract: § Carry out his duties and responsibilities “with reasonable care and skill” as expected by the Client. i. Design stage ii. Construction stage iii. Completion and certification stage. § Terms and conditions of engagement under the Contract § Coordinate works with other professionals in the team § Administer building Contract between Client and Contractor

ROLES AND RESPONSIBILITIES 3. 0 Towards the Contractor: As the Clients Agent: § Provide all the necessary information for contractor to carry out the Works § Resolve design issues and coordination among consultants team. § Certification for stages of works completed and for payments.

APPOINTMENT LETTER Contents: § Project Title § Thank Client for appointment of the above project § Establish scope of services; Basic services as per Architects (Scale of Minimum Fees) Rules 2010 § Establish fees payable as per Architects (Scale of Minimum Fees) Rules 2010 § Establish who’s going to appoint other supporting Consultants (engineers, quantity surveyor), § A proper agreement between Client and Architects using the LAM Standard form will be executed in due course. § Escape Clause: Notice of Termination by either party.

PAM’S ROLES: Architecture Education: § Input on the current syllable based on industry requirements § Enhance education experience through PAM programs and activities; PAM Masterclass, student exhibition, awards and competitions, etc. § Industrial Training Internship Experience: § CPD programs (legislation, technical, professional practice, etc)

PAM’S ROLES: Part 3 Exam: § § § Give feedback to LAM regarding Part 3 exams formats, passing rates, Conduct Tutorials and Workshops to help candidates prepare for the exams Seminars on general information related to the profession and industry to update candidates on the latest

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