malaysia's architect act 1967 & architect rules 1996 (amended 2010)
TRANSCRIPT
Architect Act1967
Architect Rules1996
Scale of Minimum Fees (Architect Rules 2010)
KIM ZHAO WEI (MBE141079) PROFESSIONAL PRACTICE
Architect Act 1967 Act 117
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
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
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
Form of Practice
COMMON PRACTICES
SOLE PROPRIETOR PARTNERSHIP CORPORATE MULTIDISCIPLINAR
Y
CLAUSE 7A
CLAUSE 7B
Architect Act 1967 Act 117
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
Architect Rules 1996AdministrationFinancial Management & Administrative Management
FinancialChequesAccountsExpenses of BoardAuditFinancial yearFees
AdministrativeNotice of meetingsVotesMinutesCommitteesRegistrarSecretary
ProfessionalsArchitect Rules 1996
ArchitectGraduate Architect
Building DraughtsmanInterior Designer
Graduate Interior DesignerInspector of Works
Architectural Technologist
Architect Rules 1996Registration (Individual)
RegistrationApplication
Time of approvalNotificationCertificateRenewal
Reinstatement FeePractical
ExperienceQualifications
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
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
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
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
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
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