The document discusses the Architect Act 1967 and Architect Rules 1996 in Malaysia which govern the architectural profession. It outlines the formation and functions of the Board which regulates the profession. It discusses the different forms of architectural practice and their registration requirements. The Architect (Scale of Minimum Fees) Rules 2010 establishes a scale of minimum fees for architectural consultancy services based on the cost and complexity of projects. It categorizes projects and outlines the minimum percentage of fees at different stages of a project.
3. Architect Act 1967 Act 117
MEMBERS OF BOARD
PRESIDENT
5 ARCHITECTS (PUBLIC)
10 ARCHITECTS (PRIVATE)
ENGINEER
QS
BUILDING DRAFTMEN
ID
INSPECTOR OF WORKS
ARCHITECTURE TECHNOLOGIST
Malaysian citizens and
who are appointed by
the Minister
appointed from among
Architects
in the public service of
the Federation, States,
local authority or
statutory authority
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 Akitek Malaysia
4. Architectural Practice
“architectural consultancy practice” means a sole proprietorship,
partnership or body corporate incorporated under the
Companies Act 1965 [Act 125], providing architectural
consultancy services and is registered by the Board under
section 7A or 7B;
#CLAUSE 2, pg 4, ACT 117, Architects Act 1967
Architect Act 1967 Act 117
5. Function of the Board
Architect Act 1967 Act 117
Keep & maintain the register of Professionals
Application management
Issuance of documents
Manage scale of fees
Sort dispute
Regulate conduct and ethics
Representative of the profession
Appointment of body/panel of examiners
Appointment of members of the board
Scholarship and facilities
7. Matrix Diagram for Form of Practice
SALARIED
(MAKAN
GAJI)
SOLE-PROP
(FIRMA PERSEORANG)
PARTNERSHIP
BODY-CORPARATE
(PERT.PERBADANAN)
MULTI-DISPLINARY PRACTICE
P.P PELBAGAI DISIPLIN.
S SECTION - S.7A S.7A S.7A S.7B
A
CANDIDATES
(Ahli)
INDIVIDU
AL
INDIVIDUAL WITH
PROFESSIONAL
ARCHITECT
CERTIFICATION FOR
BOARD
MORE THAN OR EQUAL
TO TWO INDIVIDUALS,
ALL WITH
PROFESSIONAL
ARCHITECT
CERTIFICATION FOR
BOARD
BOARD OF DIRECTORS –
all Ar.
BOARD OF DIRECTORS – Ar,Ir
@ Sr
70% members must be
professionals(cth: Ar.Sr & Ir)
With minimum 10% share
be from the Architect.
30% Share are open to
that are involved in the
building industry without
professional eligibility.
T
LIABILITY
(Tanggungjawab)
EMPLOYER SOLE INDIVIDUAL INVOLVING PARTIES INVOLVING PARTIES INVOLVING PARTIES
U
REVENUE
(Untung)
ANNUAL
BONUS
SOLE COMMISION SHARED COMMISSION
SHARED COMMISION
FOLLOWING SHARE
SHARED COMMISION
FOLLOWING SHARE
D REGISTRATION - LAM & PAM LAM & PAM LAM & PAM & ROC LAM & PAM & ROC
A
RELAVENT ACT
(AKTA)
- - AKTA PERKONGSIAN AKTA SYARIKAT AKTA SYARIKAT
C
TAX
(CUKAI)
SALARIED SALARIED
FOLLOWING RESPECTIVE
SHARE
AS REGULATED AS REGULATED
A ACCOUNT
NON
LEGALLY
STATED
NON LEGALLY STATED NON LEGALLY STATED REGISTERED R.O.C ACCOUNT REGISTERED R.O.C ACCOUNT
M MODEL - SELF-MODEL SHARED MODEL
SHARED MODEL WORTH
RM 50,000 /=.
SHARED MODEL WORTH
RM 100,000 /=.
Architect Act 1967 Act 117
8. Architect Rules 1996
Administration
Financial Management & Administrative Management
Financial
Cheques
Accounts
Expenses of Board
Audit
Financial year
Fees
Administrative
Notice of meetings
Votes
Minutes
Committees
Registrar
Secretary
10. Architect Rules 1996
Registration (Individual)
Registration
Application
Time of approval
Notification
Certificate
Renewal
Reinstatement Fee
Practical Experience
Qualifications
11. Architect Rules 1996
Code of Conduct
2nd Schedule – Rule 28
Standardization of conduct and discipline
Faithful discharge of duties and obligations
Integrity – honest & just
Respect – legitimate rights and interests
3rd Schedule – Rule 29
Conditions of engagements
Consultants – Client – Architect Coordination
Liability – Instructions – VO
Inspection of works
Information clarity & Certainty
Suspension, Termination & Reappointment
Copyright, entitlement, delivery
Mediation & Arbitration (non-binding & binding)
Death/incapacity
4th Schedule – Rule 29
MOA
12. Architect (Scale of Minimum Fees) Rules 2010
Preliminary
Interpretation
Salary – Site Staff – Contractor
Cost of works
Payment, fair valuation, benefits, price variation (construction related)
Time Cost = annual salary/1,800*actual hours spent*multiplier
Multiplier= annual salary + gratuity + fringe benefits +admin expenses + idle
time + profits
3.0 – director, partner, sole proprietor
2.4 – employed professional
2.2 – sub-professional
2.0 – administrative staff/technical staff
13. Architectural Consultancy Services
• Advisory Services
• Basic Services
• Schematic Design Phase
• Design Development Phase
• Contract Documentation Phase
• Contract Implementation and Management Phase
• Final Completion
• Supplementary Services
• Surveys and investigation
• Planning and development services
• Supplementary Design Services
• Financial Advisor Services
• Exceptional Negotiations or Protracted Involvement (long term)
• Project Management and Administration
• Appointment of independent specialist consultant
Architect (Scale of Minimum Fees) Rules 2010
14. Architectural Consultancy Services
• submission of plans or drawings
• design conceptualization, research and development
• survey & reports relating to the built environment;
• project programming, construction and manufacturing programming
• planning and development services
• preparation of feasibility studies and cost estimates;
• preparation of plans and other means of presentation;
• all services in compliance with statutory requirements;
• any other activities relating to the creation, preservation and
enhancement of the built environment;
• Appointment of specialist to collaborate
Architect (Scale of Minimum Fees) Rules 2010
15. Part 3, Part 4 & Schedule
Architect (Scale of Minimum Fees) Rules 2010
Fees
Cost of Works – Category – Min. Percentage
Category
Category 1 (complex), Category 2 (moderate), Category 3 (Simple)
Standalone,
repetition (same site & period), repetition (different site & period)
Repetition (same site, period & housing)
Fees payment percentage:
Schematic design – 15%
Design development – 30%
Contract documentation – 25%
Contract Implementation & Management – 25%
Final Completion – 5%
Reimbursable:
Related documents printing fee, telecommunication fee, postage & courier fee,
Travelling expenses (business), engagement with tender & site staff, tax
16. Big Topic, Small Thoughts
1. Globalization and advancement of technology had bring architectural
consultancy firm to huge success.
2. Local firms (100) vs International firms (1,000)
3. What are the elements that are important for a firm’s survival?
4. Scale of Minimum Fees, is it applicable in real world industry?
5. Vulnerability of architectural practice with real estate industry
performance?
6. Any strategies and solutions yet?
7. What can students do to brace ourselves?
Discussion
Editor's Notes
“(3) The Board shall register a sole proprietorship, partnership or body corporate as an architectural consultancy practice, subject to such conditions and restrictions as it may deem fit to impose, if –
in the case of the sole proprietorship, the sole proprietor is a Professional Architect;
in the case of the partnership, all the partners are Professional Architects; or
in the case of the body corporate, it –
has a board of directors comprising persons who are Professional Architects;
has shares held by members of the board of directors mentioned in subparagraph (i) solely or with any other persons who are Professional Architects; and
has a minimum paid-up capital which shall be an amount to be prescribed by the Board.
#CLAUSE 2, pg 4, ACT 117, Architects Act 1967
(7) An Architect shall only participate in architectural
competitions conducted or approved by the Board and in
accordance with the guidelines or circulars issued by the Board. (why?)