Architects (Amendment) Act 2015

Except for paragraphs 3(d) and (p) and section 23, this

Act comes into operation on a date to be appointed by the

Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

Paragraphs 3(d) and (p) and section 23 come into operation on 1 June 2015.

by renumbering the existing section as subsection (1);

by inserting after the definition of “appointed date” the following definition:

‘ “Architect” means a person registered under subsection 10(2);’;

by inserting after the definition of “architectural consultancy services” the following definition:

‘ “Architectural Technologist” means a person registered under section 27w;’;

by substituting for the definition of “Building Draughtsman”

the following definition:

‘ “Building Draughtsman” means—

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

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;’;

Architects (Amendment)

by deleting the definition of “firm or body corporate practising as consulting Quantity Surveyors”;

by inserting after the definition of “Building Draughtsman”

the following definition:

‘ “foreign architect” means an architect who is not a citizen or permanent resident of Malaysia registered under section 10a;’;

by inserting after the definition of “Graduate Architect”

the following definitions:

‘ “Graduate Interior Designer” means a person registered under subsection 27d(1);

“Inspector of Works” means a person registered under section 27m;’;

by deleting the definition of “Institut Pereka Bentuk

Dalaman Malaysia”;

by inserting after the definition of “Interior Designer”

the following definitions:

‘ “interior design consultancy practice” means a sole proprietorship, partnership or body corporate incorporated under the Companies Act 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);’;

by inserting after the definition of “interior design consultancy services” the following definition:

‘ “Malaysian Institute of Interior Designers” includes any institute, body or society succeeding it and approved by the Minister;’;

by deleting the definition of “Malaysian Society of Interior

Designers”;

by deleting the definition of “Professional Architect”;

by deleting the definition of “Professional Engineer”;

by deleting the definition of “Register”;

by deleting the definition of “registered Quantity

Surveyor”; and

by inserting after subsection (1) as renumbered the following subsection:

“(2)  For the avoidance of doubt, the definition of “Building Draughtsman” shall be read together with section 23 of the Architects (Amendment)

Act 2015.”.

Amendment of section 3

in paragraph (d), by substituting for the word “eight” the word “ten”;

by deleting the word “and” at the end of paragraph (g);

by substituting for the full stop at the end of paragraph

a semicolon; and

by inserting after paragraph (h) the following paragraphs:

“(i) one member appointed from among Inspectors of

Works with at least five years of relevant working experience; and

one member appointed from among Architectural

Technologists with at least five years of relevant working experience.”.

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Amendment of section 4

by substituting for paragraph (a) the following paragraph:

“(a) to keep and maintain a Register of Architects,

Graduate Architects, foreign architects and architectural consultancy practices, a Register of Building Draughtsmen, a Register of

Interior Designers containing particulars of

Interior Designers, Graduate Interior Designers and interior design consultancy practices, a Register of Inspectors of Works and a Register of Architectural Technologists;”;

by deleting paragraph (aa);

in paragraph (c), by inserting after the word “Registers”

the words “specified in paragraph (a)”;

in paragraph (d), by substituting for the words

“and Building Draughtsmen for architectural consultancy services rendered” the words “, Interior Designers, interior design consultancy practices and Building

Draughtsmen”;

by deleting paragraph (dd);

in paragraph (e), by substituting for the words “and Building

Draughtsmen” the words “, Building Draughtsmen, foreign architects, Graduate Interior Designers, Inspectors of

Works and Architectural Technologists”;

in paragraph (f), by substituting for the words “and Building

Draughtsmen” the words “, Building Draughtsmen, foreign architects, Graduate Interior Designers, Inspectors of Works, Architectural Technologists, architectural consultancy practices and interior design consultancy practices”;

in paragraph (j)—

by substituting for the words “and Building

Draughtsmen” the words “, Building Draughtsmen, foreign architects, Graduate Interior Designers,

Inspectors of Works and Architectural Technologists”;

and

by inserting after paragraph (j) the following paragraph:

“(ja) to conduct activities for the promotion of the profession of Architects, Graduate Architects,

Building Draughtsmen, Interior Designers,

Graduate Interior Designers, Inspectors of Works and Architectural Technologists; and”.

Amendment of section 5

in the shoulder note, by inserting after the word “Register”

the words “of Architects, etc.”;

by inserting after the words “Graduate Architects” the words “, foreign architects”;

by substituting for the word “three” the word “four”;

by deleting the word “and” at the end of paragraph (b);

by substituting for the full stop at the end of paragraph (c)

the words “; and”; and

by inserting after paragraph (c) the following paragraph:

“(d) Section D—which shall contain the names, addresses and other particulars of foreign architects.”.

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Amendment of section 6

in subsection (1), by substituting for the word “Register”

the words “Registers specified in paragraph 4(1)(a)”;

in subsection (2)—

by deleting the words “at least one”;

by an order of the Disciplinary

Committee cancelled under section 34a or paragraph 27e(5)(dd);

or

an Inspector of Works whose registration has been—

by an order of the Disciplinary

Committee cancelled under section 34a or paragraph 27p(2)(d);

or

an Architectural Technologist whose registration has been—

by an order of the Disciplinary

Committee cancelled under section 34a or paragraph 27y(2)(d); or

by substituting for subsection (3) the following subsection:

“(3)  In any proceedings, a certificate of registration issued by the Board shall be conclusive proof that the person, sole proprietorship, partnership or body corporate named in the certificate of registration—

in the case of the person, the person is an

Architect, a Graduate Architect, a foreign architect, a Building Draughtsman, an Inspector of Works, an Architectural Technologist, an

Interior Designer, or a Graduate Interior

Designer;

in the case of the sole proprietorship, the sole proprietor is an Architect, an Interior Designer, an architectural consultancy practice rendering architectural consultancy services, or an interior design consultancy practice rendering interior design consultancy services;

in the case of the partnership—

the partners are Architects or Interior

Designers; or

in the case of the body corporate, it—

has a board of directors comprising persons who are Architects or Interior

Designers;

any other persons who are

Architects or Interior Designers;

or

an architectural consultancy practice rendering architectural consultancy services, or an interior design consultancy practice rendering interior design consultancy services.”;

and

in subsection (4), by substituting for the word “Register”

the words “Registers specified in paragraph 4(1)(a)”.

Amendment of section 7

in the shoulder note, by deleting the words “and Graduate

Architects”;

by renumbering subsection (1) as section 7;

by substituting for paragraph (a) the following paragraph:

“(a) be entitled to set up an architectural consultancy practice to render architectural consultancy services subject to section 7a;”;

in paragraph (ba), by deleting the words “and/or the abbreviation “P.Arch.” after his name or in association with his name”; and

by deleting subsection (2).

Amendment of section 7a

by substituting for subsection (1) the following subsection:

“(1)  An Architect shall not, unless registered as a sole proprietorship, a partnership or a body corporate and has been issued with a certificate of registration—

be entitled to set up an architectural consultancy practice to render architectural consultancy services; and

recover in any court any fee, charge, remuneration or other form of consideration for architectural consultancy services rendered as an architectural consultancy practice.”;

in subsection (3)—

by substituting for paragraph (c) the following paragraph:

“(c) in the case of the body corporate—

it has a board of directors as may be prescribed by the Board;

Architects (Amendment)

is an Architect; and

is authorized under a resolution of the board of directors of the body corporate to make all final architectural decisions on behalf of the body corporate in respect of the requirements under this

Act or any other law relating to the supply of architectural consultancy services by the body corporate.”;

in subsection (4), by inserting after the words “the change”

the words “and obtain the Board’s approval on the latest composition or type of architectural consultancy practice”;

in subsection (5)—

by inserting the word “or” at the end of paragraph (a);

in subparagraph (i), by substituting for the words “15a(2)(l)” the words “15a(2)(a) to

or (o) to (p)”; and

in subparagraph (ii), by deleting the words

“or paragraphs 15a(2)(a) to (k) or (o) to

,”; and

in subsection (6)—

in paragraph (a), by deleting the words “, (b) or

,”; and

by inserting after subsection (9) the following subsection:

“(10)  This section shall not apply to an Architect who submits a plan for a building wholly owned by the Architect.”.

Amendment of section 7b

in the shoulder note—

by inserting after the word “providing” the words

“a combination of services comprising”; and

in subsection (1)—

by inserting after the words “a practice of providing”

the words “a combination of services comprising”;

and

in subsection (2)—

in paragraph (a), by substituting for the words

“and/or registered” the words “with Practising

Certificates or Consultant”;

by deleting the words “and/”;

in subparagraph (i)—

(aa) by substituting for the words

“, registered” the words

“with Practising Certificates,

Consultant”;

(ab) by deleting the words “and/”

wherever appearing; and

(ac) by substituting for the words

“consulting Quantity Surveyors”

the words “Consulting Quantity

Surveying Practice”;

in subsection (3)—

in paragraph (a), by deleting the words “and/”;

and

in paragraph (b)—

by substituting for the words “, registered”

the words “with Practising Certificate,

Consultant”; and

by deleting subsection (4); and

by inserting after subsection (4) the following subsection:

“(5)  In this section—

“Consultant Quantity Surveyor” and “Consulting

Quantity Surveying Practice” have the same meaning assigned to it in the Quantity Surveyors

Act 1967 [Act 487]; and

“Professional Engineer with Practising

Certificate” has the same meaning assigned to it in the Registration of Engineers Act 1967

[Act 138].”.

Amendment of section 8

by substituting for subsection (1) the following subsection:

“(1)  Subject to sections 7a and 7b, only an Architect or a foreign architect who is residing in Malaysia for not less than one hundred and eighty days in any one calendar year shall be entitled to submit plans or drawings to any person or authority in Malaysia.”;

and

in subsection (2), by inserting after the word “Architect”

the words “, foreign architect”.

in the shoulder note, by inserting after the word

“registration” the words “of Architects, etc.”;

Architects (Amendment)

in paragraph (1)(b), by deleting the words “as may be prescribed by the Board”;

in paragraph (2)(a), by substituting for subparagraphs (i),

in subsection (2a), by inserting after the words

“paragraph (2)(a)” the words “and any other requirements as may be determined by the Board”; and

in subsection (3), by substituting for the words “only a citizen or a permanent resident of Malaysia” the words

“any person”.

Amendment of section 10a

by substituting for the shoulder note the following shoulder note:

“Registration of foreign architects”;

by substituting for subsection (1) the following subsection:

“(1)  Subject to this section and such conditions as the Board may think fit to impose, the Board may, upon payment of the prescribed fee, approve the registration as an Architect of any foreign architect who is a consultant to a project, wholly financed by a foreign government or implemented under any form of arrangement with the Government of Malaysia.”;

in subsection (2)—

by deleting the word “temporary”; and

by substituting for subsection (3) the following subsection:

“(3)  The Board may approve the registration of a foreign architect for a period not exceeding one calendar year and may renew such registration as it deems fit.”;

in subsection (4), by deleting the word “temporary”;

in subsection (6), by deleting the word “temporary”; and

by deleting subsection (7).

Amendment of section 12

in the shoulder note, by inserting after the word

“registration” the words “of Architects, etc.”; and

by inserting after the word “registration” the words

“of Architects, Graduate Architects, foreign architects and architectural consultancy practice”.

Amendment of section 13

in the shoulder note, by inserting after the word

“registration” the words “of Architects, etc.”; and

in subsection (1), by inserting after the words “application for registration” the words “under section 12”.

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Amendment of section 14

in the shoulder note, by inserting after the word “address”

the words “of Architects, etc.”; and

by inserting after the words “Graduate Architect” the words “, foreign architect”.

Amendment of section 15a

by substituting for subsection (1) the following subsection:

“(1)  The Board shall appoint—

not more than three members of the Board to investigate any misconduct or complaint made against any Architect, Graduate

Architect, foreign architect or architectural consultancy practice; and

a Disciplinary Committee comprising not more than five members of the Board, not being the members of the Board appointed under paragraph (a), to conduct a hearing of any misconduct or complaint referred to the Disciplinary Committee by the members of the Board appointed under paragraph (a).”;

in subsection (2)—

by substituting for the word “fifty” the words “one hundred”;

in subsection (3)—

by substituting for the words “, or (n) to (p)” the words “or paragraph (2)(p)”; and

in subsection (4)—

by substituting for the word “member” the word

“members”; and

in subsections (5) and (6), by substituting for the word

“member” the word “members”.

Amendment of section 16

in the shoulder note, by inserting after the word “Register”

the words “of Architects, etc.”;

in paragraph (a), by substituting for the words “or Graduate

Architect” the words “, Graduate Architect or foreign architect”;

in paragraph (b), by inserting after the words “Graduate

Architect” the words “, foreign architect”;

in paragraph (c), by substituting for the words “or Graduate

Architect” the words “, Graduate Architect or foreign architect”; and

in paragraph (d), by inserting after the words “Graduate

Architect” the words “, foreign architect”.

Architects (Amendment)

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Amendment of section 17

in the shoulder note, by inserting after the word

“Reinstatement” the words “into Register of Architects, etc.”;

by inserting after the words “Graduate Architect” wherever appearing the words “, foreign architect”; and

by inserting after the word “Register” wherever appearing the words “of Architects, Graduate Architects, foreign architects and architectural consultancy practices”.

Amendment of section 18

in the shoulder note, by inserting after the word “Certificates”

the words “of registration of Architects, etc.”;

by inserting after the words “Graduate Architect” the words “, foreign architect”; and

by inserting after the word “Register” the words “of

Architects, Graduate Architects, foreign Architects and architectural consultancy practices”.

Subject to subsection (4), where on 1 June 2015—

Where there is no decision on an application by any person for registration of a Building Draughtsman under paragraph (2)(c) on or before 31 December 2015, such person shall be deemed to have been registered as a Building

Draughtsman.

For the purposes of subsections (2) and (3), it shall be treated as if section 22 of the principal Act is not deleted.

The provisions of the principal Act applicable to a Building

Draughtsman shall apply to a Building Draughtsman mentioned in paragraphs (2)(a) and (b) and subsection (3).

in subsection (1), by substituting for the words “Upon the registration of a Building Draughtsman the following restrictions shall apply—” the words “A Building

Draughtsman shall be subject to the following restrictions:”;

and

by substituting for subsection (5) the following subsection:

“(5)  Subject to paragraph (1)(b), the Building

Draughtsman shall be entitled to submit to the Building

Authority for approval of any plans of buildings not exceeding two-storeys in height providing that the total built-up floor area does not exceed three hundred square metres in any one or series of project in the same development by the same client.”.

Amendment of section 25

in subsection (2)—

in paragraph (b), by substituting for the words

“twenty-five” the words “one hundred”;

he is a sole proprietor of, partner in, director of, member of, substantial shareholder in or agent for, any contracting company, manufacturing company, firm or business; or

in subsection (3), by substituting for the words “to (jj),”

the words “to (ee), paragraph (gg), (ii) or (jj),”.

Amendment of section 26

in the shoulder note, by inserting after the word “Register”

the words “of Building Draughtsmen”; and

by inserting after the word “Register” the words

“of Building Draughtsmen”.

Amendment of section 26a

in the shoulder note, by inserting after the word

“Reinstatement” the words “into Register of Building

Draughtsmen”; and

by inserting after the word “Register” wherever appearing the words “of Building Draughtsmen”.

Amendment of section 27

in the shoulder note, by inserting after the word “Certificates”

the words “of Building Draughtsmen”; and

by inserting after the word “Register” the words

“of Building Draughtsmen”.

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by inserting after the word “Register” the words

“of Interior Designers”; and

by inserting after the words “particulars of Interior

Designers” the words “, Graduate Interior Designers and interior design consultancy practices”.

Amendment of section 27c

in the shoulder note, by inserting after the word

“Registration” the words “of Interior Designers, etc.”;

and

in subsection (1), by substituting for the words “interior designer” the words “Interior Designer, Graduate Interior

Designer and interior design consultancy practice”.

by substituting for subsection (1) the following subsection:

“(1)  An Interior Designer shall not, unless registered with the Board as a sole proprietorship, a partnership or a body corporate and has been issued a certificate of registration—

recover in any court any fee, charge, remuneration or other form of consideration for interior design consultancy services rendered as an interior design consultancy practice; and

Architects (Amendment)

provide interior design consultancy services for interior works involving any but without prejudice to the generality of the following:

consultation, advice, direction, evaluation, budgetary estimate and appraisal;

any other activities relating to the creation, preservation and enhancement of the interior environment including the following:

any changes on the building structure;

any changes to an existing building layout;

building or statutory codes;

and

health and safety issues.”;

in subparagraph (3)(c)(i), by deleting the words “and/”;

and

in subsection (5)—

in paragraph (bb), by substituting for the words

“twenty-five” the word “fifty”; and

in the shoulder note, by inserting after the word “address”

the words “of Interior Designers, etc.”;

by inserting after the words “Interior Designer” the words “, Graduate Interior Designer and interior design consultancy practice”; and

by inserting after the word “his” the words “or its”.

Amendment of section 27g

in paragraph (1)(a), by inserting after the words “Interior

Designer” the words “, Graduate Interior Designer”;

and

in subsection (2)—

in paragraph (b), by substituting for the words

“twenty-five” the word “fifty”;

in the shoulder note, by inserting after the word “Register”

the words “of Interior Designers”;

by inserting after the word “Register” the words “of

Interior Designers”;

in paragraph (a), by inserting after the words “Interior

Designer” the words “or Graduate Interior Designer”;

in paragraph (b), by inserting after the words “Interior

Designer” the words “, Graduate Interior Designer”;

in paragraph (c), by inserting after the words “Interior

Designer” the words “or Graduate Interior Designer”;

and

in paragraph (d), by inserting after the words “Interior

Designer” the words “, Graduate Interior Designer”.

Amendment of section 27i

in the shoulder note, by inserting after the word

“Reinstatement” the words “into Register of Interior

Designers”;

by inserting after the words “Interior Designer” wherever appearing the words “, Graduate Interior Designer or interior design consultancy practice”;

by inserting after the words “his” and “him” wherever appearing the words “or its” and “or it” respectively;

by inserting after the word “Register” wherever appearing the words “of Interior Designers”; and

in subsection (2), by inserting after the word “he” the words “or it”.

Amendment of section 27j

in the shoulder note, by inserting after the word

“Certificates” the words “of registration of Interior

Designers, etc.”;

by inserting after the words “Interior Designer” the words “, Graduate Interior Designer or interior design consultancy practice”;

by inserting after the word “Register” the words

“of Interior Designers”; and

by inserting after the word “him” wherever appearing the words “or it”.

be employed as an Inspector of Works; or

be entitled to describe himself or hold himself out under any name, style or title—

bearing the words “Inspector of Works” or equivalent in any other language; or

An application for registration shall be made to the

Board in such manner as may be determined by the Board and accompanied by the prescribed fee.

The Registrar shall, upon receipt of the prescribed fee, issue to any person whose application has been approved by the Board a certificate of registration in the prescribed form expiring on the 31 December of the year in which it is issued.

The registration may, subject to this Act, be renewed annually upon payment of the prescribed fee and upon satisfying such conditions as may be determined by the

Board.

Qualifications for registration of Inspectors of Works 27n.  (1)  A person who holds the qualification recognized by the Board shall be entitled on application to be registered as an Inspector of Works.

A person who is registered under subsection 10(2) as an Architect shall be entitled to practise or carry on business as an Inspector of Works.

Notification of change of address of Inspectors of Works 27o.  An Inspector of Works shall notify the Registrar of any change in his correspondence address.

Cancellation of registration, etc., of Inspector of Works 27p.  (1)  The Board shall appoint—

The Disciplinary Committee may order—

The Disciplinary Committee may make an order under subsection (2) if the Inspector of Works—

The Disciplinary Committee shall not make any order under subsection (2), based upon any of the circumstances set out in paragraphs (3)(b) to (e), paragraph (g), paragraphs

The member of the Board appointed under paragraph (1)(a) may, for the purpose of an investigation of an Inspector of Works—

Upon completion of his investigation, the member of the Board appointed under paragraph (1)(a) shall submit a report together with his recommendations, if any, to the

Disciplinary Committee for its consideration.

Any Inspector of Works dissatisfied with an order of the Disciplinary Committee under this section may, within twenty-one days of being notified of such order, appeal to the Minister whose decision shall be final.

Removal from Register of Inspectors of Works 27q.  There shall be removed from the Register of Inspectors of Works the name and other particulars of any Inspector of Works—

An Inspector of Works whose name has been removed from the Register of Inspectors of Works for failure to renew his registration shall be reinstated as soon as may be after the Inspector of Works has notified the Registrar, within five years of such removal, and upon—

An Inspector of Works whose name has been removed from the Register of Inspectors of Works pursuant to an order of the Disciplinary Committee under subsection 27p(2) and who has not appealed against that order or whose appeal has been dismissed may, after the expiration of not less than two years from the date of the order or from the date of the decision of the appeal, apply for reinstatement.

The Board upon—

by inserting after the word “corporate” the words “, as the case may be,”;

in paragraph (b), by substituting for the words “any

Register kept and maintained under this Act” the words

“the Registers specified in paragraph 4(1)(a)”;

in paragraph (e), by substituting for the words “Building

Draughtsman or Interior Designer;” the words “foreign architect, Building Draughtsman, Interior Designer,

Graduate Interior Designer, Inspector of Works or

Architectural Technologist;”; and

in paragraph (f), by substituting for the words “Building

Draughtsman, Interior Designer,” the words “foreign architect, Building Draughtsman, Interior Designer,

Graduate Interior Designer, Inspector of Works,

Architectural Technologist,”.

Amendment of section 34a

by substituting for the words “or 27g(3),” the words

“, 27g(3) or 27p(4),”;

in paragraph (d)—

by inserting after the words “Interior Designer”

the words “or Graduate Interior Designer”; and

by deleting the word “or” at the end of paragraph (d);

Architects (Amendment)

in paragraph (e)—

by substituting for the word “paragraph” the word

“subsection”; and

by inserting after paragraph (e) the following paragraphs:

“(f) an Inspector of Works refuses or fails to comply with an order of the Disciplinary Committee made under subsection 27p(2) or decision of the

Minister made under subsection 27p(7); or

an Architectural Technologist refuses or fails to comply with an order of the Disciplinary Committee made under subsection 27y(2) or decision of the

Minister made under subsection 27y(7),”.

in subsection (1)—

by substituting for the words “Register of a Professional Architect, Graduate Architect,

Building Draughtsman, Interior Designer, architectural consultancy practice or interior design consultancy practice” the words “Registers specified in paragraph 4(1)(a)”; and

in subsection (2)—

by substituting for the words “Building Draughtsman,

Interior Designer,” the words “foreign architect,

Building Draughtsman, Interior Designer, Graduate

Interior Designer, Inspector of Works, Architectural

Technologist,”; and

in subsection (3), by inserting after the words “Interior

Designer,” the words “Graduate Interior Designer,

Inspector of Works, Architectural Technologist,”.

Any application for registration pending on the date of the coming into operation of this Act shall be dealt with under the principal Act as amended by this Act.

Any decision made by the Disciplinary Committee or Board under the principal Act shall continue to be in force as if the principal Act had not been amended by this Act.

Any investigations, proceedings, including disciplinary proceedings, and matters relating to such investigations and proceedings existing and pending under the principal Act shall continue and be dealt with under the principal Act as if it had not been amended by this Act.

Architects (Amendment)

Any investigations, proceedings, including disciplinary proceedings, and matters relating to such investigations and proceedings which could have been commenced or instituted under the principal Act before the coming into operation of this

Act shall be commenced, instituted and dealt with under the principal Act as if it had not been amended by this Act.

Any such rights, privileges, obligations, liability, penalty, or punishment acquired, accrued or incurred under the principal

Act, may be continued, enforced, imposed and be dealt with, as the case may be, as if the principal Act had not been amended by this Act.

KUALA LUMPUR