Architecture Act of 2004 (RA 9266)

• Republic Act (RA) No. 9266 is also known as the Architecture Act of 2004.
• The Board of Architecture prescribes, adopts, and promulgates rules and regulations to carry out RA 9266's provisions, as per Section 7(a), Article II and Section 41, Article V.
• The Implementing Rules and Regulations (IRR) of RA 9266 provide comprehensive regulation for architecture registration, licensing, and practice.
• RA 545, as amended, is repealed by RA 9266.
• Architects are important in nation building and development.
• The State should develop competent, virtuous, productive, and well-rounded professional architects.
• Standards of practice and service should be excellent, qualitative, world-class, and globally competitive.
• Licensure examinations should be inviolable, honest, effective, and credible.
• Regulatory measures, programs, and activities should foster professional growth and development.

Definition of Terms

• Architecture is the art, science, or profession of planning, designing, and constructing buildings considering their environment, utility, strength, and beauty.
• An Architect means a professionally and academically qualified person, registered and licensed under RA 9266.
• Architects hold a Certificate of Registration and Professional Identification Card issued by the Professional Regulatory Board of Architecture and the Professional Regulation Commission.
• Architects advocate for fair and sustainable development, welfare, and cultural expression in the context of space, forms, and historical context.
• "Architect-of-record" means the architect registered and licensed under RA 9266, who is directly and professionally responsible for the total design of the project for the client and who shall assume the civil liability for the plans, specifications and contract documents he/she has signed and sealed.
• "Architect-in-charge of construction" means an architect registered and licensed under RA 9266, who is directly and professionally responsible and liable for the construction supervision of the project.
• "Consulting Architect" means the architect registered and licensed or permitted to practice under R.A. No. 9266, who is professionally and academically qualified and with exceptional or recognized expertise or specialization in any branch of architecture.

General Practice of Architecture

• General Practice of Architecture involves planning, architectural designing, structural conceptualization, specifying, supervising, and giving general administration and responsible direction to building erection, enlargement, or alterations.
• It also includes architectural design in engineering structures or any part thereof; the scientific, aesthetic, and orderly coordination of processes for building/structure production.
• Work includes unbiased preliminary studies of plans, consultations, specifications, conferences, evaluations, investigations, contract documents, and oral advice/directions, irrespective of the person's residence or principal office location.
• People can perform one or all of the mentioned duties, either in person or as the directing head of an office or organization.

Scope of the Practice of Architecture

• Encompasses professional services related to site, physical planning, design, construction, enlargement, conservation, renovation, remodeling, restoration, or alteration of a building or group of buildings.
• Services may include planning, architectural designing, structural conceptualization, consultation, consultancy, site analysis, schematic design, and feasibility studies.
• Other services include preparation of architectural plans, specifications, bill of materials, cost estimates and bidding documents.
• Providing general management, administration, supervision, coordination, and responsible direction for construction-related activities is included.
• Covers planning, architectural designing, construction, reconstruction, erection, enlargement or demolition, renovation, repair, orderly removal, remodeling, alteration, preservation or restoration of buildings or structures or complex buildings, intended for private or public use.
• Covers planning, Architectural lay-outing, housing design, community architecture, and interior design.
• Also included is architectural detailing, architectural lighting, acoustics, and layouting of mechanical, electrical, electronic, sanitary, plumbing, communications, and utility systems
• Services include building programming, building administration, construction arbitration, and architectural conservation and restoration.
• Encompasses scientific, aesthetic, and orderly coordination of all works, systems, and processes for producing a complete building/structure for public or private use.
• Any works, projects, and activities requiring an architect's professional competence, including teaching architectural subjects and architectural computer-aided design, are part of the work.
• Structural Conceptualization means conceiving, choosing, and developing the structural elements of architectural work, considering safety, cost-effectiveness, functionality, and aesthetics.
• Architectural Firm refers to a sole proprietorship, partnership, or corporation registered with DTI and/or SEC, and then with the Board of Architecture and PRC.
• Authorship refers to the author(s) of architectural plans/specifications who are in charge of their preparation, whether made personally or under their immediate supervision.
• Board refers to the Professional Regulatory Board of Architecture.
• Commission refers to the Professional Regulation Commission.
• Service Agreement means a notarized written contract or equivalent public instrument outlining the scope of services and guaranteeing compensation for services rendered by a licensed architect under RA 9266.
• Violation of the Service Agreement can be grounds for civil liability, especially if someone interferes with the legal and professional functions of the Architect-of-Record or the Consulting Architect per Art. 1723 of the Civil Code.
• Integrated and Accredited Professional Organization refers to the official national organization of architects in the Philippines.
• Continuing Professional Development refers to a sustaining learning process that maintains and enhances architects' knowledge and ability.
• DTI refers to the Department of Trade and Industry.
• SEC means the Securities and Exchange Commission.
• Association means any formal grouping of two or more architects or architectural firms working in joint venture on a project basis.
• Architectural Company is a juridical entity synonymous with an Architectural Partnership, registered with the SEC.
• Architecture Corporation means a group of professionals in architecture and allied professions delivering professional service in architecture and allied professions. An existing Architectural Corporation must comply with the 75% composition requirement and must register with the SEC and the BOA.
• Architectural Documents refer to architectural drawings, specifications, and other outputs that only an Architect can sign and seal.
• Architectural Interiors refers to detailed planning and design of indoor/enclosed areas, including retrofit/renovation work, covering architectural and utility aspects.
• Architectural Partnership refers to a group of two or more Architects duly registered with the SEC and then with the Board of Architecture.
• Architectural Plans means two-dimensional representations reflecting a proposed development or redevelopment, showing features like columns, walls, doors, windows, floors, and more. They are lateral sections for a building or structure and collectively refer to other architectural designs.
• Building means a structure for habitation and other uses.
• Certificate of Registration is a certificate with a registration number, issued by the PRC through the Board of Architecture, certifying that the individual passed the Licensure Examination and is registered as an Architect.
• Code of Ethical Conduct is a document within the Architects' National Code, containing the norms and principles governing architectural practice to high ethical standards.

Further Definitions

• Consulting Architect is a registered and licensed Architect who is academically and professionally qualified, with exceptional expertise or specialization.
• Contract Documents are attachments to the agreement, including additions, deletions, and modifications, and typically include special provisions, general conditions, drawings, specifications, and other bid documents.
• “Copyright (or Copyright Ownership)” shall refer to the intellectual proprietary rights retained by an Architect over any architectural documents/ work that he/she prepares unless there is a written stipulation to the contrary.
• CPD Providers are entities accredited/registered with the Board of Architecture/PRC to deliver seminars, lectures, and other continuing education modules.
• Diversified Architectural Experience is two years of post-baccalaureate, pre-licensure experience required of architecture graduates before taking the licensure exam, consisting of variations in different phases of architectural service.
• Foreign Architect means an architect who is not a Filipino citizen nor an Architect registered and licensed in the Philippines, but who is duly registered and licensed in his/her home country as an Architect.
• Filipino Counterpart means the local Philippine architect, partnership, or corporation working in association with a foreign architect, partnership, or corporation on a project on Philippine soil.
• Ownership refers to proprietary rights to an architectural work, such as plans and designs, by the person or entity commissioning the Architect. Ownership is confined to using the architectural documents for the original project only.
• Planning refers to physical planning at the site, community, or urban level by an Architect.
• Physical Planner refers to an Architect who specializes in the detailed physical planning of land or property for vertical structures and horizontal developments.
• Physical Planning is the detailed physical planning of land for vertical structures, monuments, and horizontal developments.
• Professional refers to a person whose name and registration/professional license number is officially recorded by the PRC.
• Professional Identification Card is a signed document with registration number, issuance date, and expiry date, issued by the PRC Chairperson to a registered Architect upon payment of fees.
• Site Planning is the detailed site development planning of areas surrounding a building/structure within the property limits of the land.
• Standards of Professional Practice is a document embodied in the Architects National Code, that defines all aspects of professional service, prescribes basic fees, and establishes the rights and obligations of both architect and client.
• Sole Proprietorship means an individual Architect practicing and delivering architectural services, and duly registered with the DTI, BOA, and PRC.
• Specialization is expertise and special knowledge acquired through education, training, and experience, for which an Architect may be engaged as a Consulting Architect.
• Syllabi are outlines embodying topics and concepts of major subjects prescribed in specific course to serve as basis for test questions in the licensure examinations.
• Technology Transfer refers to contracts involving the transfer of systematic knowledge for manufacturing, processes, services, and intellectual property rights.
• Urban Design refers to physical and systemic design undertaken by an Architect on a community and urban plane, extending beyond building architecture with utilities and movement systems.

Acronyms and Laws

• Architecture Act of 2004 is R.A. No. 9266.
• BOA stands for the Board of Architecture.
• CHED refers to the Commission on Higher Education.
• CIAC means the Construction Industry Arbitration Commission.
• CPD stands for Continuing Professional Development.
• DOLE is the Department of Labor and Employment.
• DTI means the Department of Trade and Industry.
• IAPOA means Integrated Accredited Professional Organization of Architects (same as United Architects of the Philippines, Inc.).
• Intellectual Property Code of the Philippines is R.A. No. 8293.
• PCAB means Philippine Contractors Accreditation Board.
• PDCB is the Philippine Domestic Construction Board.
• PRB is the Professional Regulatory Board (same as BOA for architecture).
• PRC means Professional Regulation Commission.
• PRC Modernization Act of 2000 is R.A. No. 8981.
• SEC is the Securities and Exchange Commission.
• UAP is the United Architects of the Philippines, Inc.

Court Ruling

• Starting January 20, 2025, the Office of the Building Official will require that Architectural Plans & Architectural Permit be signed and sealed by a REGISTERED AND LICENSED ARCHITECT only
• This requirement aligns with Supreme Court Ruling G.R. No. 200015 and G.R. No. 205846 upholding Section 302 par. 3 and 4 of the National Building Code of the Philippines (PD 1096).
• Only registered and licensed architects may prepare, sign, and seal architectural plans/drawings.
• A vicinity map/location plan within a 2.00 kilometer radius for commercial, Industrial, and Institutional complex and within a half-kilometer radius for residential buildings.
• A site development plan is required, showing technical descriptions, boundaries, orientation, and location of utilities. Indicate the distances and hatch existing buildings.
• A perspective drawn at a convenient scale from a vantage point (bird's eye view or eye level) is required.
• Floor plans drawn to a scale of not less than 1:100 showing: gridlines, and complete identification of rooms or functional spaces are required.
• Elevations with gridlines, natural ground to finish grade elevations, floor to floor heights, and material types are required.
• Reflected ceiling plan showing design, location, finishes and specifications of materials, lighting fixtures, diffusers, decorations, air conditioning exhaust and return grills, sprinkler nozzles, if any, at scale of at least 1:100 are required.
• Two sections, including gridlines, natural ground and finish levels, outline of cut and visible structural parts, doors and windows properly labeled, partitions, built-in cabinets, etc.; identification of rooms and functional spaces cut by section lines needs to be provided.
• Accessibility details should be in the form of plans, elevations/sections.
• A schedule of Doors and Windows showing their types, designations/marks, dimensions, materials, and number of sets.
• A Schedule of Finishes should be on graphic form: surface finishes specified for floors, ceilings, walls and baseboard trims for all building spaces per floor level.
• Plans showing specific locations of all accessibility facilities should be scaled at least 1:100.

Fire Safety

• Fire Safety Documents need to be provided. They should include the layout plan indicating the fire evacuation route to safe dispersal areas.
• Fire Safety floor plans must indicate standpipes with fire hose, fire extinguishers, first aid kits/cabinets, fire alarm, fire operations room, emergency lights, signs, etc. are required.
• Windows, fire exits with grilled windows, and ladders must be properly detailed.
• Enclosures for vertical openings should use fire-resistive construction.
• Fire-resistive construction materials and interior decorative materials with fire-resistive/fire-retardant/fire-spread ratings are required.

Conclusion

• Republic Act 9266 has played a key role in shaping the architecture profession in the Philippines by raising standards for competency, ethics, and professionalism.
• Through licensure, ongoing professional development, and international recognition, RA 9266 has enabled Filipino architects to excel in their field and has greatly contributed to the importance of architecture in modern times.