WEEK 9-ARCHITECTURAL PRACTICE.pdf

WEEK 9: TYPES OF ARCHITECTURAL PRACTICE 21 May 2024 ARC3811ARCHITECTURAL PRACTICE Bachelor of Science in Architecture with Honours Semester 2 Session 2023/2024 ARCHITECTS ACT 1967 (ACT 117) Architectural Consultancy practices (MAY 2024) :-  At any one time, a Professional Architect is allow...

WEEK 9: TYPES OF ARCHITECTURAL PRACTICE 21 May 2024 ARC3811ARCHITECTURAL PRACTICE Bachelor of Science in Architecture with Honours Semester 2 Session 2023/2024 ARCHITECTS ACT 1967 (ACT 117) Architectural Consultancy practices (MAY 2024) :-  At any one time, a Professional Architect is allowed to set up architectural consultancy practices as follows SOLE PROP PARTNERSHIP BODY CORPORATE OR SOLE PROP PARTNERSHIP BODY CORPORATE MDP ANY 2 PRACTICE + 1 MDP ANY 2 PRACTICE Any TWO (2) different types of practices Any THREE (3) different types of practices of different of different composition but shall not composition including one MDP. include a MDP. ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice 1. SALARIED ARCHITECT Gained valuable training and contacts for future venture Less risky especially in public sector (Jabatan Kerja Raya (JKR), Authorities), Companies (GLCs, Developers and Contractors) and Permanent and fixed income ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice 2. SOLE PROPRIETORSHIP Requirements: 1. Being the sole principal of the firm, Professional Architects shall preferably use their individual names in full; e.g. ??? 2. Professional Architects may also be allowed to use part of their names : e.g. ??? 3. Application for registration must be submitted to LAM in the prescribed forms ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice 2. SOLE PROPRIETORSHIP Criteria: Easy to set up One Principal Architect supported by a team of Technical Assistants Limited capacity in service and difficult to secure big projects Succession problem due to incapacitation and retirement Unlimited rewards to one self Glory and fame to one self Unlimited liabilities Heavy responsibility to shoulder Need to register with LAM No need to register with Registration of Company (ROC) ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice 2. PARTNERSHIP Requirements: 1. All partners shall be Professional Architects 2. Names of firms shall refrain from being pretentious or ostentatious or of such nature that may negatively affect the dignity of the profession or place it in a position of possible ridicule : e.g. ?? 3. The names of firms shall preferably comprise the actual names of the partners or the acronyms of their initials. 4. Application for registration must be submitted to LAM in the prescribed forms Criteria: ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice 2. PARTNERSHIP At least two (2) Professional Architects Partnership Agreement – Govern by the Partnership Act 1961 (Act 135) Joint liabilities and severally Share profits Share responsibilities Can share design ideas Management of firm’s affair must be transparent Assigned specific task or area of expertise Mistrust can lead to break up Dissolution of partnership ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice 3. BODY CORPORATE Requirements :- 1. The board of directors shall be Professional Architects; Rule 30A(3) has been incorporated under the amendment of Architects Rules 1996 enforced on 1 October 2022. “(3) In the case of a body corporate registered as an architectural consultancy practice having a single director, the director shall be an Architect.” 2. Shall have a minimum paid-up capital of RM 50,000; 3. Shares shall be held by members of the board of directors solely or with any other persons who are Professional Architects; ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice 3. BODY CORPORATE Requirements :- 4. Name of body corporate shall refrain from being pretentious or ostentatious or of such nature that may negatively affect the dignity of the profession or place it in a position of possible ridicule; 5. Application for registration must be submitted to LAM in the prescribed forms; 6. Must register with ROC. CRITERIA :- 3. BODY CORPORATE ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice Governed by the Architects Act 1967 and the relevant Rules and Companies Act 1965 (Act 125) Board of Directors of (1) Professional Architects or more. A business entity that will continue even though one of Director passed away Limited liability of ‘Corporate personality’ Professional liability remains personal Bigger capital and easier to secure big projects High overhead cost Required to appoint Company Secretary Audited Account for submission to IRB ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice 4. BODY CORPORATE PROVIDING ARCHITECTURAL CONSULTANCY SERVICES, PROFESSIONAL ENGINEERING SERVICES AND/ OR QUANTITY SURVEYING SERVICES (MULTI DISCIPLINARY PRACTICE) 1. The board of directors shall comprise Professional Architects, Professional Engineers and/or registered Quantity Surveyors; 2. The shares shall be held by persons mentioned in paragraph 1 and any of the following persons and/or bodies corporate where :- (i) The Professional Architects, Professional Engineers, registered Quantity Surveyors, bodies corporate providing architectural consultancy services, bodies corporate providing professional engineering services and/or bodies corporate practising as consulting Quantity Surveyors hold a minimum combined share of 70% of the overall equity of that body corporate, of which the Professional Architects and/or bodies corporate providing architectural consultancy services hold a minimum share of 10%; and Requirements :- ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice 4. BODY CORPORATE PROVIDING ARCHITECTURAL CONSULTANCY SERVICES, PROFESSIONAL ENGINEERING SERVICES AND/ OR QUANTITY SURVEYING SERVICES (MULTI DISCIPLINARY PRACTICE) (ii) Any other persons, including persons belonging to a profession allied to architecture, engineering or quantity surveying, being a profession approved in writing by the board regulating the profession of architecture, engineering or quantity surveying, respectively, hold a maximum share of 30% of the overall equity of the body corporate. ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice 4. BODY CORPORATE PROVIDING ARCHITECTURAL CONSULTANCY SERVICES, PROFESSIONAL ENGINEERING SERVICES AND/ OR QUANTITY SURVEYING SERVICES (MULTI DISCIPLINARY PRACTICE) Requirements :- 1. The Multi-Disciplinary Practice (MDP) shall have a minimum paid-up capital of RM150,000. 2. Name of MDP shall refrain from being pretentious or ostentatious or of such nature that may negatively affect the dignity of the profession or place it in a position of possible ridicule. 3. Application for registration must be submitted to LAM in the prescribed forms. 4. Must register with LAM and ROC. ARCHITECTS ACT 1967 (ACT 117) Types of Professional Practice 4. BODY CORPORATE PROVIDING ARCHITECTURAL CONSULTANCY SERVICES, PROFESSIONAL ENGINEERING SERVICES AND/ OR QUANTITY SURVEYING SERVICES (MULTI DISCIPLINARY PRACTICE) Criteria :- Comprehensive Service of the three disciplines i.e. architectural, engineering and quantity surveying Single point of responsibility Suitable for Turnkey or Design and Build Project Might lead to adversarial attitude due to different discipline Submitting Person Professionally Liable Condition of Engagement stipulated by LAM without compromise. Bigger capital and easier to secure big projects High overhead cost Required to appoint Company Secretary Audited Account for submission to IRB High overhead cost ARCHITECTS ACT 1967 (ACT 117) Section 35 – Rules: LAM with the approval of the Minister to makes rules to enable them to perform any of the functions set out in the Act Architects are govern by the followings: Architects Act 1967 Architects Rules 2010 Architects Rules 1996 LAM Circulars ARCHITECTS ACT 1967 (ACT 117) ARCHITECTS (SCALE OF MIN. FEES) RULES 2010 May be cited as Architects (Scale of Min. Fees) Rules 2010 (ASMFR2010) effective 1 March 2010 Rule 3 – Architectural Consultancy Practice shall not charge less than the scale of minimum fees… Rule 6 – Architectural Consultancy Practice shall provide any or all of the following services:- - Basic Services - Supplementary Services - Additional Services ARCHITECTS ACT 1967 (ACT 117) ARCHITECTS (SCALE OF MIN. FEES) RULES 2010 RULE 8 RULE 9 RULE 10 RULE 11 RULE 12 ARCHITECTS ACT 1967 (ACT 117) ARCHITECTS (SCALE OF MIN. FEES) RULES 2010 Rule 13 – Supplementary services - ascertained Client’s objectives, brief & constraints - inspecting & advising Client on the selection & suitability of proposed site - preparing & refining the project brief - preparing an outline project plan Rule 14 – Additional services - advisory services - survey & investigation services - planning & development services - financial advisory services - project management consultancy services ARCHITECTS ACT 1967 (ACT 117) ARCHITECTS (SCALE OF MIN. FEES) RULES 2010 Rule 23 (1) – Fees for full Basic Services: (a) 3 categories - Cat. 1, Cat. 2 & Cat. 3 (b) percentage of total cost of works (c) downward sliding scale Rule 24 (1) – Fees for Supplementary Services (a) basis of time cost times multiplier, or (b) lump sum derived from estimated time Rule 25 (1) – Fees for Additional Services (a) basis of time cost times multiplier, or (b) lump sum derived from estimated time ARCHITECTS ACT 1967 (ACT 117) ARCHITECTS (SCALE OF MIN. FEES) RULES 2010 Rule 27 (1) – Payment of Fees Rule 27 (2) – Entitled to monthly payments or an intervals to be mutually agreed upon Rule 27 (3) – For CIMP & FCP, fees shall be increased by 30% of the fees payable for these phases Rule 29 – All fees due shall not be reduced or withheld on account of any penalties, liquidated & ascertained damages (LAD) Rule 30 (1) – Reimbursable expenses Schedule – Classification of building types ARCHITECTS ACT 1967 (ACT 117) ARCHITECTS (SCALE OF MIN. FEES) RULES 2010 Main objectives of Architects Rules 1996:- - Define Scope of Works of an Architect - Define Scale of Minimum Fees ARCHITECTS ACT 1967 (ACT 117) ARCHITECTS RULES 1996 Rule 28 - Code of Professional Conduct for Professional Architects - as prescribed in Part One of the Second Schedule Rule 29 - Conditions of Engagement - an Architect shall only enter into an agreement for his professional services in accordance with: - the ASMF Rules 2010, - Conditions of Engagement in the Part One of the Third Schedule, - Memorandum of Agreement in the Fourth Schedule  ARCHITECTS RULES 1996 Part One of the Second Schedule [Rule 28 (1)] – Code of Professional Conduct for Professional Architects: 1. Objective - to promote the standard of professional conduct and self discipline required of Prof. Arch. in the interest of the public 2. Compliance with Acts and Rules 3. Faithful discharge of duties and obligations 4. Professional integrity 5. Respect for the legitimate rights and interests of others. ARC3811-1st Semester 2016/2017 ARCHITECTS ACT 1967 (ACT 117) ARCHITECTS RULES 1996 Part One of the Third Schedule [Rule 29 (1)] – Conditions of Engagement of Professional Architects: Rule 1 Prof. Arch who carries on business as an architectural consultancy practice Rule 2 Engagement of consultants by Client Rule 4 Coordination of consultants works Rule 7 Client’s Agreement on the proposed fees Rule 10 Estimates of costs and time to the Client Rule 13 Client shall only issue instructions to the building contractor through the Prof. Architect Rule 16 Suspension of architectural consultancy practice Rule 17 Termination of engagement