ARCHITECTS ACT 1967

LAWS OF MALAYSIA _____________ ONLINE VERSION OF UPDATED TEXT OF REPRINT _____________ Act 117 ARCHITECTS ACT 1967 As at 1 March 2016 2 ARCHITECTS ACT 1967 First enacted … Revised … … … … … Latest amendment made by Act A1480 which came into operation on … … … 1967 (Act No.65 of 1967) … 1973 (Act 117 w.e.f. 16 August 1973) … ... 30-11-2015; except paragraphs 3(d), (p) and section 23; 01-06-2015 PREVIOUS REPRINTS First Reprint … … … 1995 Second Reprint … … … 2000 Third Reprint … … … 2006 LAWS OF MALAYSIA Act 117 ARCHITECTS ACT 1967 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, commencement and application 2. Interpretation PART II BOARD OF ARCHITECTS 3. Establishment of Board of Architects 4. Functions of the Board PART III REGISTRATION OF ARCHITECTS 5. Register of Architects, etc. 6. Appointment and duties of Registrar 7. Restrictions on unregistered persons 7A. Architectural consultancy practice 7B. A body corporate providing a combination of services comprising architectural consultancy services, professional engineering services or quantity surveying services 8. Entitlement 9. (Deleted) 10. Qualifications for registration of Architects, etc. 4 Laws of Malaysia ACT 117 Section 10A. Registration of foreign architects 11. (Deleted) 12. Application for registration of Architects, etc. 13. Certificate of registration of Architects, etc. 14. Notification of change of address of Architects, etc. PART IV CANCELLATION, REMOVAL, REINSTATEMENT, ETC. 15. (Deleted) 15A. Powers to investigate and appointment of Disciplinary Committee 15B. (Deleted) 16. Removal from Register of Architects, etc. 17. Reinstatement into Register of Architects, etc. 18. Certificates of registration of Architects, etc to be returned. PART V SPECIAL PROVISIONS RELATING TO BUILDING DRAUGHTSMEN 19. (Omitted) 20. Restrictions on unregistered Building Draughtsmen 21. Register of Building Draughtsmen 22. (Deleted) 23. Notification of change of address of Bulding Draughtsmen 24. Restrictions on Building Draughtsmen 25. Cancellation of registration, etc., of Building Draughtsman 26. Removal from Register of Building Draughtsmen 26A. Reinstatement into Register of Building Draughtsmen 27. Certificates of Building Draughtsmen to be returned Architects Act PART VA SPECIAL PROVISIONS RELATING TO INTERIOR DESIGNERS Section 27A. Restrictions on unregistered Interior Designers 27B. Register of Interior Designers 27C. Registration of Interior Designers, etc. 27D. Qualifications for registration of Interior Designers. etc. 27E. Interior Design consultancy practice 27F. Notification of change of address of Interior Designer, etc. 27G. Cancellation of registration, etc., of Interior Designer 27H. Removal from Register of Interior Designers 27I. Reinstatement into Register of Interior Designers 27J. Certificates of registration of Interior Designers, etc. to be returned PART VB SPECIAL PROVISIONS RELATING TO INSPECTOR OF WORKS 27K. Restrictions on unregistered Inspectors of Works 27L. Register of Inspectors of Works 27M. Registration of Inspectors of Works 27N. Qualifications for registration of Inspectors of Works 27O. Notification of change of address of Inspectors of Works 27P. Cancellation of registration, etc., of Inspector of Works 27Q. Removal from Register of Inspectors of Works 27R. Reinstatement into Register of Inspectors of Works 27S. Certificates of registration of Inspectors of Works to be returned 5 6 Laws of Malaysia ACT 117 PART VC SPECIAL PROVISIONS RELATING TO ARCHITECTURAL TECHNOLOGISTS Section 27T. Restrictions on unregistered Architectural Technologists 27U. Register of Architectural Technologists 27V. Registration of Architectural Technologists 27W. Qualifications for registration of Architectural Technologists 27X. Notification of change of address of Architectural Technologists 27Y. Cancellation of registration, etc., of Architectural Technologist 27Z. Removal from Register of Architectural Technologists 27ZA. Reinstatement into Register of Architectural Technologists 27ZB. Certificates of registration of Architectural Technologists to be returned PART VI GENERAL 28. Appeal 29. Appeal Board 30. Tenure of office of members of the Appeal Board 31. Procedure of appeal 32. Procedure of Appeal Board 33. Penalties, obtaining registration by false pretences, etc 34. General penalty 34A. Failure to comply with orders of the Disciplinary Committee, Board, Appeal Board or Minister 34B. Power of search and seizure 34C. List of things seized 35. Rules 35A. Authorization by President Architects Act Section 35B. Notices 35C. Indemnity 35D. Appointment of advocate and solicitor 36. Landscape and Naval Architects 37. Vesting of property, etc. 38. Repeal 39. Saving as to right of Government SCHEDULE 7 9 LAWS OF MALAYSIA Act 117 ARCHITECTS ACT 1967 An Act to provide for the registration of architects, sole proprietorships, partnerships and bodies corporate providing architectural consultancy services, interior designers and building draughtsmen and matters connected therewith. [1 October 1973; P.U. (B) 426/1973] PART I PRELIMINARY Short title, commencement and application 1. (1) This Act may be cited as the Architects Act 1967. (2) This Act shall come into force on such date as the Minister may by notification in the Gazette appoint. (3) The Minister may by notification in the Gazette suspend the operation of this Act in any part of Malaysia. Interpretation 2. (1) In this Act, unless the context otherwise requires— “appointed date” means the date appointed under subsection 1(2); “Architect” means a person registered under subsection 10(2); 10 Laws of Malaysia ACT 117 “architectural consultancy practice” means a sole proprietorship, partnership or body corporate incorporated under the Companies Act 1965 [Act 125], providing architectural consultancy services and registered by the Board under section 7A or 7B; “architectural consultancy services” means the provision of architectural consultancy advice and services pertaining to all or any of the following: (a) submission of plans or drawings to any person or local authority in Malaysia; (b) conceptualization, research and development of any design for the built environment; (c) any survey, preparation of reports including environmental impact assessment reports, or investigation relating to the built environment; (d) project programming, construction and manufacturing programming, and product design; (e) planning and development services including interior design, financial advisory services, project management, contract administration and landscaping; (f) preparation of feasibility studies and cost estimates; (g) preparation of plans and other means of presentation; (h) all services in compliance with statutory requirements; (i) any other activities relating to the creation, preservation and enhancement of the built environment; “Architectural Technologist” means a person registered under section 27W; Architects Act 11 “authorized officer” means an officer authorized by the Board under paragraph 4(1)(eb); “Board” means the Board of Architects Malaysia established by section 3; “Building Authority” means any local authority required under any written law to approve building plans; “Building Draughtsman” means─ (a) a Building Draughtsman who, on or before 1 June 2015, is registered with the Board, or has been issued with a valid certificate of registration as provided in section 22 which has been deleted in subsection 23(1) of the Architects (Amendment) Act 2015 [Act A1480]; or (b) a Building Draughtsman who, on or before 31 December 2015, is registered or deemed to be registered with the Board, or has been issued with a valid certificate of registration as provided in subsections 23(3) and (4) of the Architects (Amendment) Act 2015; “foreign architect” means an architect who is not a citizen or permanent resident of Malaysia registered under section 10A; “Graduate Architect” means a person registered under subsection 10(1); “Graduate Interior Designer” means a person registered under subsection 27D(1); “Inspector of Works” means a person registered under section 27M; “Interior Designer” means a person registered under Part VA; “interior design consultancy practice” means a sole proprietorship, partnership or body corporate incorporated under the Companies Act 12 Laws of Malaysia ACT 117 1965 [Act 125], providing interior design consultancy services and is registered by the Board under section 27E; “interior design consultancy services” in relation to interior design works means those services provided in paragraph 27E(1)(b);’; “Malaysian Institute of Interior Designers” includes any institute, body or society succeeding it and approved by the Minister; “Pertubuhan Arkitek Malaysia” shall include any institute, body or society succeeding it and approved by the Minister; “prescribed” means prescribed by rules made under section 35; “professional engineering services” has the meaning assigned to it in the Registration of Engineers Act 1967; “Public Authority” has the meaning assigned to it in the Federal Constitution; “Registrar” means a Registrar of Architects appointed under subsection 6(1). (2) For the avoidance of doubt, the definition of “Building Draughtsman” shall be read together with section 23 of the Architects (Amendment) Act 2015. PART II BOARD OF ARCHITECT MALAYSIA Establishment of Board of Architects Malaysia 3. (1) There is established a board to be called “Board of Architects Malaysia” which shall be a body corporate with perpetual succession and a common seal and which may sue and be sued. Architects Act 13 (2) The Board shall consist of the following members who shall be Malaysian citizens and who are appointed by the Minister:  (a) a President who shall be appointed from among Architects; (b) five Architects who are in the public service of the Federation, States, local authority or statutory authority; (c) (Deleted by Act A1287); (d) ten Architects who have been in private Architects who have been in private practice for at least five years in Malaysia, three of whom shall be from the nomination list submitted by the Council of the Pertubuhan Arkitek Malaysia; (e) one member on the nomination of the Board of Engineers from among members of that Board established under the Registration of Engineers Act 1967; (f) one member on the nomination of the Board of Quantity Surveyors from among members of that Board established under the Quantity Surveyors Act 1967; (g) one member Draughtsmen; (h) one member appointed from among Interior Designers who has been in private practice for at least five years in Malaysia; appointed from among Building NOTE─ A person who was a member of the Board appointed before 1 December 2002 shall, until he resigns or otherwise vacates his office or his appointment is revoked, continue to hold that office until the expiry of the period specified in his instrument of appointment─see subsection 41(1) of Act A1159. 14 Laws of Malaysia ACT 117 (i) one member appointed from among Inspectors of Works with at least five years of relevant working experience; and (j) one member appointed from among Architectural Technologists with at least five years of relevant working experience. (2A) (Deleted by Act A1159). (3) A member of the Board shall unless he sooner resigns or otherwise vacates his office or his appointment is revoked hold office for a period as may be specified in the instrument appointing him and shall be eligible for reappointment. (4) If any member of the Board resigns or otherwise vacates his office or his appointment is revoked, a new member shall as soon as practicable be appointed in his place and the member so appointed shall hold office for the remainder of the term for which his pr