malaysia's architect act 1967 & architect rules 1996 (amended 2010)

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Architect Act1967 Architect Rules1996 Scale of Minimum Fees (Architect Rules 2010) KIM ZHAO WEI (MBE141079) PROFESSIONAL PRACTICE

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Page 1: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

Architect Act1967

Architect Rules1996

Scale of Minimum Fees (Architect Rules 2010)

KIM ZHAO WEI (MBE141079) PROFESSIONAL PRACTICE

Page 2: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

Architect Act 1967 Act 117

Page 3: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

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

Page 4: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

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

Page 5: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

Function of the BoardArchitect Act 1967 Act 117

Keep & maintain the register of ProfessionalsApplication managementIssuance of documentsManage scale of fees

Sort dispute

Regulate conduct and ethicsRepresentative of the profession

Appointment of body/panel of examinersAppointment of members of the board

Scholarship and facilities

Page 6: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

Form of Practice

COMMON PRACTICES

SOLE PROPRIETOR PARTNERSHIP CORPORATE MULTIDISCIPLINAR

Y

CLAUSE 7A

CLAUSE 7B

Architect Act 1967 Act 117

Page 7: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

Matrix Diagram for Form of PracticeSALARIED(MAKAN

GAJI)SOLE-PROP

(FIRMA PERSEORANG)PARTNERSHIP

(PERKONGSIAN)BODY-CORPARATE

(PERT.PERBADANAN)MULTI-DISPLINARY

PRACTICE P.P PELBAGAI DISIPLIN.

S SECTION - S.7A S.7A S.7A S.7B

A CANDIDATES(Ahli)

INDIVIDUAL

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 must be from the Architect.

30% Share are open to parties 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 SHARESHARED 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 ACCOUNTNON

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 WORTHRM 100,000 /=.

Architect Act 1967 Act 117

Page 8: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

Architect Rules 1996AdministrationFinancial Management & Administrative Management

FinancialChequesAccountsExpenses of BoardAuditFinancial yearFees

AdministrativeNotice of meetingsVotesMinutesCommitteesRegistrarSecretary

Page 9: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

ProfessionalsArchitect Rules 1996

ArchitectGraduate Architect

Building DraughtsmanInterior Designer

Graduate Interior DesignerInspector of Works

Architectural Technologist

Page 10: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

Architect Rules 1996Registration (Individual)

RegistrationApplication

Time of approvalNotificationCertificateRenewal

Reinstatement FeePractical

ExperienceQualifications

Page 11: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

Architect Rules 1996Code of Conduct

2nd Schedule – Rule 28Standardization of conduct and discipline

Faithful discharge of duties and obligationsIntegrity – honest & just

Respect – legitimate rights and interests

3rd Schedule – Rule 29Conditions of engagements

Consultants – Client – Architect CoordinationLiability – Instructions – VO

Inspection of worksInformation clarity & Certainty

Suspension, Termination & ReappointmentCopyright, entitlement, delivery

Mediation & Arbitration (non-binding & binding)Death/incapacity

4th Schedule – Rule 29MOA

Page 12: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

Architect (Scale of Minimum Fees) Rules 2010Preliminary

InterpretationSalary – Site Staff – Contractor

Cost of worksPayment, 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 + profits3.0 – director, partner, sole proprietor

2.4 – employed professional2.2 – sub-professional

2.0 – administrative staff/technical staff

Page 13: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

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

Page 14: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

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

Page 15: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

Part 3, Part 4 & ScheduleArchitect (Scale of Minimum Fees) Rules 2010

FeesCost of Works – Category – Min. Percentage

CategoryCategory 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

Page 16: Malaysia's Architect Act 1967 & Architect Rules 1996 (amended 2010)

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