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LAM CIRCULARS

AS AT JAN 2015
INDEX

YEAR NO TITLE
1982 3 Joint Practice with FOREIGN ARCHITECTS
1984 3 SELLING SIGNATURES
1986 1 Usage of The Term CHARTERED ARCHITECT
1987 3 REMINDER to Architects on The Architects (Scale of Minimum Fees) Rules 1986 and
Adequacy of Professional Services Provided to Third Parties
4 Guidelines for in-House Or SALARIED ARCHITECTS
1989 1 Notification to The Board of a CHANGE IN ADDRESS
1989 4 SUBMISSION of Plans by Architects and Engineers
1997 1 Provision of Free Or Virtually FREE SERVICES
3 Guidelines on ADVERTISING by Architects
4 STATUS REPORTS on Applications by Architects and Registered Building
Draughtsmen to Local Authorities for Approvals
1999 1 Violations of The Code of Professional Conduct as a Result of ECONOMIC PRESSURE
2000 1 Importance of CONTINUITY OF REGISTRATION
2 Certificate of Completion and Compliance - Checklist- (CCC CHECKLIST)
2001 2 ISSUES Pertaining to The Architectural PROFESSION
3 Architectural EXAMINATION COUNCIL Malaysia
2002 1 Architects CERTIFICATION under The Standard Sale and Purchase Agreements
2003 1 AMENDMENTS of The Architects Act 1967
4 Guidelines on The Third Schedule [Clause 4(1)] of The Standard Sale and Purchase
Agreement for Land and Building (SCHEDULE G)
Guidelines on The Third Schedule [Clause 4(1)] of The Standard
Sale and Purchase Agreement for Sub-Divided Building (SCHEDULE H)
2004 2 Guidelines on Architectural Consultancy Practices (ACP GUIDELINE)
3 Continuing Professional Development (CPD)
2005 1 AMENDMENTS to The Architects Rules 1996
2 Guidelines on Architectural COMPETITION
2006 1 AMENDMENTS to The Architects RULES 1996
2 PART III Professional EXAMination
2007 1 Guidelines on involvement in OTHER TRADES Or Businesses
2 Guidelines on LETTER OF RELEASE
3 AMENDMENTS to The Architects Act 1967
2008 1 Certificate of Completion and Compliance (CCC)
3 Guidelines on The Third Schedule [Clause 4(1)] of The Standard Sale and Purchase
Agreement for Land and Building (SCHEDULE G)
Guidelines on The Third Schedule [Clause 4(1)] of The Standard
Sale and Purchase Agreement for Sub-Divided Building (SCHEDULE H)
2009 2 Use of Standard RUBBER STAMP by Professional Architects
2010 2 Guidelines on Issuance of form F1
3 Guidelines on BRANCH OFFICE and Associated Practice
4 Architects (Scale of Minimum Fees) Rules 2010 (SOMF)
2011 1 Architects (AMENDMENTS) Rules 2011
2013 1 Plan Submissions by INTERIOR DESIGNERS
2 PRO BONO Services
BOARD OF ARCHITECTS MALAYSIA
(P.O. Box 12695, 50786 Kuala Lumpur)

General Circular No. 3/1982

JOINT PRACTICE WITH FOREIGN


ARCHITECTS

The attention of all Architects is drawn to the increasing incidence of architects


from other countries making approaches to Architects in Malaysia. This is usually either
to meet the requirements of their engagement or to comply with the law.

Registered Architects should be aware that their registration with the Board of
Architects confer certain entitlements but at the same time also imposes a degree of
responsibility.

Hence, when approached by a foreign architect to participate on any specific


project or on a long-term basis, Architects should be aware of the following :-
(i) By agreeing to act as the Malaysian counterpart, the Malaysian Architect
assumes the responsibility for all actions in connection with the project and in
matters relating to professional conduct of not only himself but of his foreign
associate as well.

(ii) Under the Rules, it is an offence for any Architect to sign or otherwise certify
plans that have either not been prepared by him or under his direct
supervision.

(iii) The inputs of the Malaysian Architect in any arrangement should be


meaningful and not serve merely as "rubber stamping" or provide the required
window-dressing.

The Board is very much concerned that there are Malaysian Architects who may
be attracted to enter into joint-ventures or other forms of association with foreign firms
the practice of which may be detrimental to the status and image of architects in
Malaysia.

While every attempt is being made to persuade Government and other potential
clients of the desirability of engaging Malaysian Architects as the prime consultant and to
leave it to the discretion of the Malaysian Architect to decide whether it is necessary to
enlist the help of foreign architects, it is necessary for Malaysian Architects to also
respond positively to justify their prime position.

The Board would therefore appreciate the cooperation of all Malaysian Architects
to immediately report to the Board of any approaches that they have received from any
foreign architect or if they should be aware of any such instances. This will then enable

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the Board to monitor the activities of the foreign architects and to take such action as
may be appropriate.

Architects are also urged to report any instances of breaches of professional


conduct by any foreign architect to enable the Board to report such breaches to their
respective institutes.

Meantime, the Board has already taken action to inform the various institutes of
architects overseas of the present trends and asking for their cooperation in advising
their members that they must respect the Code of Professional Conduct of their host
country.

Pendaftar
5th October 1982.

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BOARD OF ARCHITECTS MALAYSIA
(P.O. Box 12695, 50786 Kuala Lumpur)

General Circular No. 3/1984

SELLING SIGNATURES

It has come to the Board's attention that over the last few years the influx of foreign architects into
Malaysia to practise is on the increase. It is also noticed that the majority of these architects were
initially brought in and engaged by the building owners. The implication is that the engagement of
local registered Architects is secondary and that they play a secondary role merely to formalise
and legalise the submission of plans to approving authorities as it is the requirement of the law
that only persons registered with the Board can submit plan.

I have been directed by the Board to warn all registered Architects that it is wrong for any
Architect to sign or otherwise certify plans that have not been prepared by him or under his direct
supervision.

I am also to remind all Architects that as submitting persons they are held solely and fully
responsible to the approving authorities.

The Board prefers to see a situation where local Architects are engaged as prime consultants and
foreign architects are only engaged as "DESIGN CONSULTANTS" to provide inputs and
expertise that are not available locally.

"BERKHIDMAT UNTUK NEGARA"

Saya yang menurut perintah,

Registrar
28 November 1984

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BOARD OF ARCHITECTS MALAYSIA
(P.O. Box 12695, 50786 Kuala Lumpur)

GENERAL CIRCULAR NO. 1/1986

USAGE OF THE TERM CHARTERED ARCHITECT

Further to the Board's General Circular No. 4/1982 on the Guidelines for Names of Architectural
Firms and Letterheads, I am directed to inform all registered Architects on the Board's stand
pertaining to the usage of the term "Chartered" in naming or describing a practice. The word
"Chartered" is of no significance and relevance in the Malaysian context and its usage is
therefore discouraged.

However, the Board has no objection to such usage provided that :

(i) All the partners in a partnership practice or all the directors in a body corporate practice are
either members of the Royal Institute of British Architects, the Royal Australian Institute of
Architects or the Royal Canadian Institute of Architects, as the Royal Charter from the
British Crown is given to these Institutes only.

(ii) Those firms or architectural companies which are yet to be established and wishing to
adopt the word "chartered" in describing their practice, adherence to the Board's
requirement is essential before their firms'/companies' names can be approved.

(iii) Those practice which are already existing and which do not comply with this requirement
are directed to delete the word "chartered" from the firms'/companies' names or letterheads
with immediate effect until such time when all partners/directors become members of the
Royal Institute of British Architects, the Royal Australian Institute of Architects or the Royal
Canadian Institute of Architects.

By Order of the Board,

Registrar

21 February, 1986.

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BOARD OF ARCHITECTS MALAYSIA
(P.O. Box 12695, 50786 Kuala Lumpur)

GENERAL CIRCULAR NO. 3/1987

REMINDER to Architects on the


Architects (Scale of Minimum Fees) Rules 1986
and
Adequacy of Professional Services provided to Third Parties

1. All Architects are reminded that the Architects (Scale of Minimum Fees) Rules 1986
(hereinafer referred to as "the Scale of Fees") which came into force on 21 August 1986
must be followed.

2. This reminder is necessary as the credibility of the profession is currently being placed in
jeopardy as a result of actions of a few delinquent Architects, who by ignoring the Scale of
Fees or finding ways to circumvent it, have not only violated one of the important provisions
of the Architects Act but more importantly as a result, provided unsatisfactory service to
third parties.

3. In particular is the application of the Scale of Fees to repetitive housing work which
ultimately affects innocent third parties - the purchasers of houses. These third parties
have a right to expect their interest to be safeguarded by Architects. Since Architects are
employed by developers and therefore have no privity of contract with purchasers, they
nevertheless still owe both a moral, a legal (in tort) as well as a professional obligation to
ensure that the end product, in as far as those aspects for which they are responsible,
must fulfill the terms of the Sales and Purchase Agreement (SPA). These would range from
compliance with the plans and qualitative aspects as contracted to the accuracy and
absolute reliability of the Architects' certificates for stage completion. The Architect's
signature on these certificates is of crucial importance especially when the purchaser has
invested not only his lifelong savings but also his future financial commitments. The
housing sector is one sector in which the Board has become increasingly more concerned
due to the escalating volume of complaints received. The complaints mainly concern
serious dissatisfaction by purchasers over the quality of the houses and discredited
certificates for stage payment claims.

4. In the course of investigating these complaints, the Board has come to the conclusion that
one of the contributory causes is directly related to the level of fees charged for the
expected professional consultancy services. The Scale of Fees was derived after taking
into account the fact that it is a necessity for every human activity to be profitable, no
matter how narrow the margin is, and after years of research and work to provide the
minimum level of remuneration for the absolutely minimum level of professional services
required in the public interest, as well as to satisfy both the legal requirements of the
relevant building legislations and the stage certifications under the SPA. Thus, the
inescapable result of inadequate remuneration must either be inadequate service, or even
worse, malpractice.

5. However, the Board recognises the fact that even if the minimum fees are received there is
still no guarantee that the minimum level of professional service will be provided in return.
Thus in the public interest the Board will, in parallel with monitoring the application of the

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Scale of Fees, also monitor the adequacy of service provided by Architects and any
complaint will be investigated and appropriate action taken.

6. In addition to the provision of service to third parties especially in connection with housing
development, Architects are also reminded of the level of service they are expected to
render in relation to the requirements of local authorities as follows :-
1. That in the process of obtaining approval for plans submitted by Architects, they
should not delegate their primary responsibilities to others, particularly unregistered
persons such as their clients, "project managers" or registered Building Draughtsmen.

2. That Architects should, as far as practicable, personally attend the main inspections
with the local authorities representative, or if they are unable to attend, to ensure that
they are adequately represented by suitably qualified persons.

7. Therefore, to achieve the objectives of the Scale of Fees and safeguard the credibility of
the profession, particularly with regard to the value of the Architect's signature, it is
imperative that all the provisions of the Code of Professional Conduct must be complied
with. In addition, every proven unprofessional act relating to the issue of stage payment
certificates will be forcefully dealt with. To achieve this objective, the Board (both directly as
well as through the Joint LAM/PAM Practice Committee) will investigate all complaints and
will impose the most severe disciplinary measures appropriate to the infringement. In
addition, the Board will simultaneously ensure that the Scale of Fees will be complied with.

8. The abovementioned actions, already an ongoing involvement of the Board, will now be
intensified. Due notice is therefore given to all Architects to heed this serious warning as
the consequences for ignoring it will be serious.

9. This Circular is enforced with immediate effect.

By order of Board,

Registrar
15 December 1987

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BOARD OF ARCHITECTS MALAYSIA
(Peti Surat 12695, 50786 Kuala Lumpur)

GENERAL CIRCULAR NO. 4/1987


(REVISED 1991)

GUIDELINES FOR IN-HOUSE or SALARIED ARCHITECTS

This Circular is issued for the information and guidance of all Architects in salaried positions
whether in the employment of architectural firms or in agencies in both the public and private
sectors or in companies holding positions as "in-house Architects".

1. An Architect may hold a salaried position in the employ of an architectural firm,


Government department or agency (statutory or private or commercial) or in an in-
house architectural department of a firm or organisation subject to compliance with the
following conditions :-

1.1 That unless the Architect is a shareholder of the architectural practice, the
Architect shall be designated as a "Salaried Architect".

1.2 If employed in a firm or organisation which is not a body corporate recognised


and approved by the Board to practise architecture or an architectural
partnership, the Salaried Architect shall not be described or designated as an
independent consultant.

1.3 In the case of a firm or a body corporate approved by the Board to practise
architecture or an architectural partnership, unless the Architect is a
shareholder, partner or director; the Salaried Architect shall not be described or
designated as an independent consultant.

1.4 Salaried Architects in the employ of corporations other than Government or


architectural practices may provide architectural services only to their
employers. They shall not offer their services to clients or others parties other
than their direct employers on the basis of remuneration irrespective of whether
or not permission to do so is given to them by their employers.

1.6 All salaried Architects are required to comply with all the provisions of the
Architects Rules 1973 particularly in respect of Part IV Code of Professional
Conduct and Conditions of Engagement and all the schedules therein or
circulars as may be issued by the Board from time to time.

2. If in doubt about any situation, Architects should seek clarification from the Board.

3. All Salaried Architects shall notify the Board in writing immediately upon a change of
their status or a change of their place of employment.

4. This Circular shall come into forced with immediate effect.

By order of the Board,

Registrar
15 December 1987
(Revised 30 March 1991)
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LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur

GENERAL CIRCULAR NO. 1/1989

NOTIFICATION TO THE BOARD OF A CHANGE IN ADDRESS

1. All registered Architects and Architectural Graduates are reminded that under
Section 14 of the Architects Act 1967, they are required to inform the Board of
any change of their business addresses.

2. Several complaints have been received from local authorities and building
owners who were having difficulties of contacting certain Architects. The
Board has on a number of occasions also failed to get in touch with some
Architects at the addresses given and the Board's letters which were sent
have been returned undelivered. The Board is left with no choice under such a
situation other than to insert a notice in the local media requesting the
Architects concerned to contact the Board.

3. The Board views this matter seriously because it has caused administrative
problems to the Board and has also incurred unnecessary advertising cost.

4. All registered Architects and Architectural Graduates are hereby reminded to


abide by the provision of Section 14 of the Architects Act 1967 by notifying the
Board of any change of address.

5. Effective from the date of this Circular, all registered Architects and
Architectural Graduates are also required to inform the Board every time they
leave their premises at the given address for a duration exceeding three
months.

6. All registered Architects and Architectural Graduates with the requirements of


the matter and also abide by this directive failing which appropriate
disciplinary action be taken against them.

By Order of the Board,

(HASAN bin MOHAMED)


Registrar

1 August 1989.

Distribution :
All registered Architects.
All registered Architectural Graduates.
All Board members.
Malaysian Institute of Architects.

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BOARD OF ARCHITECTS MALAYSIA
(P.O. Box 12695, 50786 Kuala Lumpur)

GENERAL CIRCULAR NO. 4/1989

SUBMISSION OF PLANS
BY
ARCHITECTS AND ENGINEERS

1. This is to inform all Architects that a Joint Committee has recently been established
between the Board of Architects Malaysia (BAM) and the Board of Engineers
Malaysia (BEM) to discuss the above. Discussions will be centred mainly on the list
of works in 'Appendix C' of the letter issued by the Joint BAM-BEM Committee to all
local authorities in 1979. For your information, the said letter contained three
appendices A, B and C, each listing down the work that can be submitted by
Architects and Engineers. The appendices which had then been circulated to all
local authorities are as per attached.

2. Following complaints received by the Board from Architects claiming that most of
the plans of industrial buildings had been submitted by the Engineers, BAM had, in
June 1989, written to all local authorities to further clarify the list of works under
'Appendix C'. All local authorities had also been requested to ensure that, in
principle, building plans could only be submitted by Architects and plans for
engineering projects, by Engineers only, and this would also be applicable or
projects under 'Appendix C'.

3. Following the issuance of the June 1989 letter by the Board, the Board of Engineers
Malaysia had lodged its protest and claimed that BAM's clarification on 'Appendix C'
to all local authorities contravened the earlier agreement of the two Boards and had
resulted in many plans that were submitted by Engineers being rejected by the local
authorities.

4. The abovementioned Joint Committee of BAM-BEM is now having an indepth


discussion to resolve the issue with particular reference to the list of works in
'Appendix C'. In line with this, BAM had also requested all local authorities to defer
implementing the contents of BAM's letter of June 1989.

All Architects will be informed accordingly once a decision on this matter has been
made.

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By Order of the Board,

Registrar

20 November 1989.

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APPENDIX A :
No person shall submit any Building Plans, reports, and specifications for the
underlisted works and/or services, unless he is an Architect, except for any
engineering works required, (excluding any standard engineering works), such
engineering plans and specifications shall be submitted by a Profesional
Engineer.

Apartments Hawker centres


Art galleries Handicraft centres
Aviaries Holiday resorts
Amusement centres Hospitals
Aquaria
Airport terminal buildings Kindergartens
Auditoria
Assembly halls Libraries
Law courts

Bowling centres
Bus terminal buildings Motels
Music halls
Cafeteria/Canteens Memorials
Cultural centres Mosques
Conference Halls/Centrds Mausoleums
Civic Centres Markets (open-air, closed)
Community centres
Cabarets Neighbourhood housings
Casinos (housing schemes)
Cinemas (Drive-ins,covered) Nursing homes
Clinics
Cable car terminals Old-age homes
Colleges (Secretarial, Technical, Vocational) Orphanages
Churches Office buildings
Crematoria Opera houses
Creches

Domestic houses Palaces


Departmental stores Parliament houses
Dispensaries Prisons
Dance halls Post & telegraph offices .
Police stations
Private clubs
Plant nurseries
Professional institutes

Eating houses Rest houses


Exposition halls Restaurants
Embassies Race courses
Emporiums Rehabilitation centres
Railway station buildings

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Flats Research & laboratory testing centres
Fire brigades
Ferry terminal buildings
Funeral parlours

Gymnasia Shophouses
Grandstands Supermarkets
Golf clubs Shopping centres
Showrooms
Hotels Sports complexes
Space needles
Swimming clubs
Skating rinks (ice rollers)
Sanatoria
School (Primary, Secondary, Vocational)
Suraus

Town halls
T.V. Radio centres
Telecom buildings
Tourist promotion projects
Theatres
Trade centres
Temples

University complexes

Vocational training centres

Yacht clubs

Zoos

Definition :

1. Architect : Architect means an Architect registered under Section


5(a) of the Architects Act, 1967 (Revised 1973).

2. Professional Engineer : Professional Engineer means a Professional Engineer


registered under Section 5(1)(a) of the Registration of
Engineers Act 1967 (Revised 1974).

3. Standard engineering works : Standard engineering works means any such works of
proprietary make specifically designed by Professional
Engineers for repetitive use without modifications.

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APPENDIX B :
No person shall submit any Engineering Plans, reports and specifications for the
underlisted works and/or services, unless he is a Professional Engineer, except
for any architectural works required, such architectural plans shall be submitted
by an Architect.

Airport Runways & Aprons Infrastructural services of housing


Airconditioning & Mechanical Ventilation schemes
Systems
Jetties

Bridges Liquid waste disposal plants


Bulk handling complexes
Carparking areas Marine structures & facilities
Chimneys Mechanical services & Installations
Causeways Mass rapid transit systems
Crushing plants Minings
Collieries Mines
Coffer dams
Crane gantries oil & gas tanks
Cable car systems oil refinery plants
Cement plants
Drainage schemes Pipe lines
Dams Pilings
Docks Parade grounds
Distillation & desalination Pumping grounds
plants Pumping stations
Dredging & reclamation works Plumbing services
Ports
Public Address systems

Electrical services Quays


installations Quarries
Earthworks
Environmental pollution Major retaining walls
control plants Roadworks, public
Electrical switchrooms Reclamations
Embankments Reservoirs
Electrical distribution systems & stage Refineries
lightings Roadside furniture & traffic signals
Refrigeration installation & cold stores
Foundations
Flood bunds Sewerage works
Fire protection services Stabilising earth structures

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Grinding plants Structural systems
Gasworks Surface railways
Gravity retaining walls & gabions Slipways
Solid waste disposal plants
Harbours Shipyards

Incinerators Satellite tracking stations


Storage tanks

Subsoil drainage systems Storm sewers & drains


Subways
Sanitary installation systems (for multi-storey
buildings)

Taxiways
Tunnels
Transmission towers
T.V. transmission towers

Underground railways

Ventilation systems

Wharves

Water distillation plants

Waterworks

Water & Waste water & environmental


pollution control plants
Water distribution lines hot/cold water
services

Definition :

1. Architect : Architect means an Architect registered under Section 5(a) of


the Architects Act, 1967 (Revised 1973).

2. Professional Engineer : Professional Engineer means a Professional Engineer


registered under Section 5(1)(a) of the Registration of
Engineers Act 1967 (Revised 1974).

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APPENDIX C :
No person shall submit any plans, reports and specifications for the underlisted
works and/or services unless he is either an Architect or a Professional Engineer.

Aircraft manufacturing plants Motor vehicle service


Aircraft Assembly plants stations (excluding
Aircraft maintenance workshops & hangars equipment & garages)
Abottoirs Minor earthworks as prescribed
Aerated water factories
Nuclear power stations

Boat house (shed) Plywood factories


Bus depot & Workshops Pumping stations (Buildings)
Boiler houses Power stations (Thermal
Brickworks (factories) Hydro & Nuclear)
Breweries Printing works
Pharmaceutical plants
Compressor houses Paper Mills/factories
Cement plants Prefabricated structures
Car parking layouts Proprietory std beams/trusses
Chimneys (domestic) Perimeter drainworks of
Chemical plants building within private
Carparks - multi-storey boundaries
Culverts Private roadworks & parking areas

Engineering laboratories Refuse chute systems


Electrical substations Rubber processing mills and
(single storey) smoke houses
Electrical installation to Rubber factories
buildings as prescribed
Swimming pools and ancillary works
Flatted factories Steel mills
Fencing & Gates Satellite tracking stations
Footings Shipyards
Standard patented structures
Grandstand (uncovered) Silos
Glass works (factories) Sanitary & Plumbing installations
Godowns to domestic houses, shophouses
Grinding plants & schools
Glue factories Septic tank construction
& soakage pits
Helicopter ports Single storey factories
(with or without mezzanine floor)
Ice factories Spare research centres
Store buildings
Jute Mills (Buildings)

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Marines Tanneries
Mills Timber works (sawmills)
Manufacturing, assembling, Textile plants
processing, repair plants Timber structures
& associated buildings
& facilities Underground railway stations
Utilities buildings
Vegetable Oil mills and refinery factories

Warehouses and godowns


Workshops
Walls (dwarf, facing &
decorative & other
non-structural types)

Definition:

1. Architect : Architect means an Architect registered under Section 5(a) of


the Architects Act, 1967 (Revised 1973).

2. Professional Engineer : Professional Engineer means a Professional Engineer


registered under Section 5(1)(a) of the Registration of
Engineers Act 1967 (Revised 1974)

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LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur

GENERAL CIRCULAR NO. 1/1997

PROVISION OF FREE OR VIRTUALLY FREE SERVICES

It has come to the Board's attention recently that there have been a number of
instances of Architects having been invited to submit conceptual or other
proposals for development projects either without any cost or obligation
whatsoever on the part of the party wishing to obtain proposal. The Board feels
it advisable to issue this Advisory for the information and guidance of
Architects.

1. In almost all cases known to the Board, the exercise described in the
invitation is in fact an architectural competition. As such, anybody
responding to such request would be subject to the provision of the Code
of Professional Conduct for Architects under the Architects Rules 1996.

2. The relevant Codes are :-

Code 3(10) An Architect shall only participate in architectural


competitions approved by the Board.

Code 3(11) (a) An Architect selectively invited by his prospective client


to render professional services may do so provided
that such terms of invitation as laid down by the
prospective client are approved by the Board.

(b) An Architect who responds to such an invitation shall


be paid for his services in accordance with the
appropriate scale of professional fees and charges as
prescribed by the Board and for the time being in force.

The Board is concerned that if Architects, in their anxiety to secure work, were
to respond to such invitations, this will not only be in breach of the Rules but
just as importantly will undermine the profession as it will be equivalent to
providing free services on speculation. Therefore, if this trend is not curbed, it
could lead to the degeneration of the status of the profession.

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Architects are urged to advise the issuers of such invitations of the provisions
of the law and at the same time to also keep the Board informed so that
appropriate action can be taken to help educate the public.

The cooperation of all Architects is therefore sought in this matter.

By order of the Board,

Registrar

31 March 1997.

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LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur

GENERAL CIRCULAR NO. 3/1997

GUIDELINES ON ADVERTISING
BY ARCHITECTS

1. INTRODUCTION

1.1 These guidelines are issued pursuant to the provisions in the Code of Conduct
for Architects under the Architects Rules 1996 to elaborate on and provide
guidance to Architects on various activities which may be deemed to be
described as advertising".

1.2 The purpose of advertising irrespective of whether or not the cost is borne by the
Architect, is to enable Architects to inform the public of the availability of his
professional services. In so doing, it may also be necessary to disclose all other
relevant information connected therewith. It is an essential activity of marketing
and promotion undertaken either directly or indirectly by the Architect and is
considered to be in the public interest. In addition, Architects are encouraged to
take pride in their works and to accept continuing responsibility by disclosing this
fact in sales brochures and other related documents issued to potential
purchasers as well as to acknowledge authorship by signing their completed
building in a permanent manner.

1.3 As a prerequisite for all marketing or promotional activities undertaken by an


Architect it is expected that it will be informative and not in any way cheapen the
image of or cause the profession to be discredited or ridiculed by the public.
Should there be any doubt as to the appropriateness or otherwise of the
proposed action, guidance or prior clearance should be obtained from the
Board.

2. FACTUAL INFORMATION

All information disseminated by the Architect to third parties shall be factual in


the description of the Architect's qualifications, affiliations, organisation and
experience relating to projects proposed, in progress or completed. For projects
on which the Architect may have been involved in a previous capacity the part
played by the Architect shall be accurately described and credit must be given to
the firm in which such work was undertaken.

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3. ADVERTISEMENTS FOR TENDER INVITATIONS, PROFESSIONAL
APPOINTMENTS, ETC.

Advertisements for invitations to tender, professional appointments and change


of address may disclose the full particulars of the Architect's practice and may
incorporate its logo. No restrictions are applicable to the disclosure of the
identity or profession of the Architect nor the size or design of such
advertisements except that they should be appropriate for their intended purpose
of attracting the desired degree of attention. As the design and layout of such
advertisements will reflect on the design capabilities and professional status of
the Architect, care should therefore be exercised in its design to create the
desired image.

4. ENTRIES IN DIRECTORIES AND OTHER PUBLICATIONS

The range of directories and other publications in which Architects are permitted
to pay for shall comprise any publication of the Board, Pertubuhan Akitek
Malaysia (PAM), Architects Regional Council Asia (ARCASIA), International
Union of Architects (UIA) and the Commonwealth Association of Architects
(CAA) either directly or through any of their respective authorised publishers as
well as any directory, newsletter, magazine or trade or professional journal for
which specific prior approval of the Board has been granted.

5. SIGNING OF BUILDINGS

Architects are encouraged to sign buildings for which they are the Architects.
Such signage should be in a visible location and should be in a form which will
be permanently displayed and should include useful information such as the year
in which the building was completed and the Architect's registration number.

6. OFFICE AND PROJECT SIGNBOARDS

Architects are permitted to affix onto their office premises the names of their
practices in such a manner, of appropriate size and incorporating their logos to
provide the desired identity. Project signboards providing the information
required by any legislation may be erected on sites and may be of an
appropriate size and style, and incorporating the logo of the Architect's practice
for convenient legibility to the public.

7. ANNOUNCEMENT

Announcement or felicitation advertisements in the press may contain the name


and professional status of the Architect as well as incorporating the logo of the
practice as may be appropriate.

2
- CD LAM -
8. SALES AND PROMOTIONAL BROCHURES AND ADVERTISEMENTS

The publication of the names and particulars of the Architects (including their
registration numbers) of works intended for sale to the public, in sales and
promotional brochures and advertisements is encouraged by the Board. This is
in line with the principle of disclosure of essential information to potential
purchasers or users.

9. ELECTRONIC MEDIA

Architects may pay for and utilise all available forms of electronic media for the
promotion of their services provided the criteria as set out in sub-paragraphs 1.2
and 1.3 above are fully complied with.

This General Circular shall come into force from the date of this Circular.

By order of the Board

Registrar

9 December 1997

3
- CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur

GENERAL CIRCULAR NO. 4/1997

STATUS REPORTS ON APPLICATIONS


BY ARCHITECTS AND REGISTERED BUILDING
DRAUGHTSMEN
TO LOCAL AUTHORITIES FOR APPROVALS

1. Board to help improve effectiveness of Architects and registered Building


Draughtsmen

At its recent meetings the Board had decided that it can do more to improve the
effectiveness of the contribution by Architects and registered Building Draughtsmen to
the building industry. The measures which the Board intends to take include being more
proactive in improving the environment in which registered persons practise by
formulating proposals to streamline the approval process, forward planning of human
resource requirements, rationalising any proposed legislation which gives an impact on
the industry and such like. However, to enable the Board to develop the proposed
measures, it is necessary for the Board to have available the basic information on the
current status of the involvement in the industry by Architects and registered Building
Draughtsmen.

2. Half yearly returns to be submitted by Architects and registered Building


Draughtsmen

The Board therefore decided that, as a first step, all Architects and registered Building
Draughtsmen will be required to furnish the Board with the basic information. This is
achieved by completing and returning the enclosed forms by not later than 31 January
1998, to cover all applications submitted to local authorities during the period from
July to December 1997. The information to be returned are as explained on the
forms. Thereafter, returns are to be submitted to the Board within one month after
the end of every half year.

3. Cooperation from local authorities will also be sought

The Board will also be seeking the cooperation of all local authorities to provide details of
all applications received from registered persons.

4. Collected data will be computerised and updated periodically

The data supplied by both registered persons and local authorities will be entered in a
database and updated periodically. Essential information can then be extracted and
used for the various measures being planned by the Board to achieve its objectives.

3 - CD LAM -
5. Confidentiality of data

All data submitted to the Board will be treated with confidentiality and the sources will not
be revealed to third parties.

6. Compulsory for returns to be submitted

All registered persons shall be required to complete and submit their returns to
the Board by using Forms A1 and A2 for Architects, and Forms B1 and B2 for
registered Building Draughtsmen, within the period stated.

The Board looks forward to the cooperation of all registered persons in responding promptly to
these requirements.

By order of the Board.

Registrar,

9 December 1997.

4 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Board of Architects Malaysia
(PEKELILING AM BIL. 4/1997)

LAPORAN STATUS MENGENAI PERMOHONAN KEPADA


PENGUASA TEMPATAN

1. Lembaga ingin merujuk kepada Pekeliling Am Bil. 4/1997 bertarikh 9 Disember 1997
mengenai keperluan untuk mengemukakan kepada LAM Laporan setiap 6 bulan mengenai
permohonan yang dikemukakan kepada penguasa tempatan untuk kelulusan. Semua maklumat
yang diperlukan adalah seperti di dalam Borang A1 dan A2 yang telah ditetapkan.

2. Lembaga kini telah membuat pindaan terhadap Borang-Borang tersebut. Borang A1 dan A2
yang baru adalah seperti yang disertakan bersama-sama ini.

3. Tuan / Puan diingatkan supaya mengemukakan laporan mengenai permohonan yang telah
dibuat oleh praktis tuan / puan kepada semua penguasa tempatan bagi tempoh Januari hingga
Jun 2006 dengan menggunakan Borang A1 dan A2 yang baru ini. Bagi mereka yang sudahpun
mengemukakan Laporan tersebut, tuan / puan tidak lagi perlu berbuat demikian tetapi
dikehendaki menggunakan Borang A1 dan A2 yang baru untuk Laporan pada masa-masa akan
datang.

4. Semua Borang A1 dan A2 untuk tempoh Januari hingga Jun 2006 hendaklah dikemukakan
kepada LAM selewat-lewatnya pada 15 Oktober 2006. Borang tersebut boleh dimuaturun
daripada laman web Lembaga di www.lam.gov.my.

STATUS REPORT ON APPLICATIONS TO


LOCAL AUHTORITIES

1. The Board wishes to refer to its General Circular No. 4/1997 dated 9 December 1997 on the
requirements to submit to the Board every 6 months a report on all applications submitted to
the local authorities for approval. The required information is as shown in the Forms A1 and
A2 as stipulated.

2. The Board has made amendments to the said Forms. The new Forms A1 and A2 are herewith
enclosed.

3. You are reminded to submit a report on the applications submitted by your practice to all local
authorities for the period of January to June 2006 by using the new Forms A1 and A2. Those
who had already submitted the said Reports need not do so but you are required to use the new
Forms A1 and A2 for future submission.

4. All submission for the period of January to June 2006 must be submitted to the Board by not
later than 15 October 2006. The Forms may be downloaded from the Boards website at
www.lam.gov.my.

Sekian, terima kasih.

Dengan perintah Lembaga Arkitek Malaysia,

( Ar. ZURAINA LEILY AWALLUDIN )


Registrar 1 September 2006
5 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
FORM A1
PROJECT STATUS UPDATE
BY PROFESSIONAL ARCHITECTS
on Applications for Approval by Local Authorities
General Circular No. 4/1997

1. Name of Practice ..

2. Address ..

..

3. Telephone No. .. 4. Fax No. .....

5. Website address (if available)

6. Email ...

7. Particulars of Practice a. Body Corporate c. Partnership


(Please X appropriate box)
b. Multi-Disciplinary Practice d. Sole Proprietorship

8. Particulars of workforce Salary Information (RM per annum)


(Complete confidentiality will be observed)
Ranging from RM to RM maximum
a. No. of Principals . ... ...
Employees Malaysian Foreign
(1)
b. No. of Professional Architects : . . ... ...

c. No. of registered Architects : . . ... ...

d. No. of non-registered Architects : . . ... ...

e. No. of other professionals (2) : . . ... ...

f. No. of sub-professional staff (3) : . . ... ...

g. No. of other support staff (4) : . . ... ...

TOTAL number of employees : . .


Note :-
(1)
Foreign architects who are qualified and who are licensed to practise in their own country of origin are
to be included in this category for the purpose of this Status Update.
(2)
State the relevant profession.
(3)
CAD Operators, technicians, draughtsmen, etc.
(4)
Secretarial, clerical, etc.

DECLARATION
I, the undersigned, hereby declare that to the best of my knowledge, the particulars submitted are factual.

.
Signature of Registered Person submitting these particulars Date : ...

Name in Block Letters : .. Designation/Position in Firm : .


( NOTE : ONLY ONE COPY OF THIS FORM NEED TO BE SUBMITTED PER FIRM OR PRACTICE )
- CD LAM -
LEMBAGA ARKITEK MALAYSIA
FORM A2
PROJECT STATUS UPDATE
BY PROFESSIONAL ARCHITECTS
on Applications for Approval by Local Authorities
General Circular No. 4/1997
P R O J E CT P A RT IC U L A R S

1. Name of Local authority ...


(to which application was made)

2. Name & Address of project ...

...

...
3. Category of Client a. Individual b. Corporation c. Institutional d. Charity
(Please X) e. Privatisation project f. Govt. Agency g. Statutory Body

4. Approx. Total Cost of Works RM..


5. Project Category
(a) RESIDENTIAL Detached Houses on Individual Lots No. of Units :
(b) RESIDENTIAL Other Types of Houses No. of Units :
(c) RESIDENTIAL Subdivided Buildings No. of Units :
(d) RENOVATION WORKS
(e) MIXED DEVELOPMENT Shophouses with Residential, etc
(f) COMMERCIAL Office, Retail Shopping Centre, etc.
(g) RECREATIONAL Clubs, sport stadia, etc.
(h) HOTEL
(i) INDUSTRIAL Factory, power plants, etc.
(j) EDUCATIONAL School, college, university, etc.
(k) HEALTH Clinic, hospital, etc.
(l) INSTITUTIONAL Prison, police station, zoo, etc.
(m) CONSERVATION Restoration, adaptive reuse, etc.
(n) OTHERS Religious Building or Others [Please describe] ...
P R O J E CT U P D AT E
6. Submission & Approval Initial Return Follow up Return Update No. : ..
Nature of Submission Submission Date Approval Date

(a) Layout Approval .. ..

(b) Planning Approval .. ..

(c) Building Approval .. ..

7. Construction (a) Commencement Date ..


(b) Completion at end of current half year ..%
(c) Completion Date ..

Signature of submitting person .. Date


Name & designation

NOTES : 1. Approx. Total Cost of Works excludes cost of the site, fees and finance charges on which the fees are based.
2. Please make copies of this Form and use one Form per project.
3. All returns are for LAMs own use and will be treated as confidential. - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur

GENERAL CIRCULAR NO. 1/1999

VIOLATIONS OF THE CODE OF PROFESSIONAL CONDUCT


as a result of
ECONOMIC PRESSURE

1. It has come to the Board's notice that there are a number of end-users who are
capitalising on the current economic situation by exploiting Architects, which if left
unchecked, will seriously damage the long-term future of the entire profession.

2. The modus operandi of such end-users intent on taking advantage of the situation
comprises a number of steps including -
Inviting Architects to submit design proposals totally free of charge and without
compensating the Architect for his effort.
Reserving the right to negotiate fees and conditions of engagement with the Architect/s
after their design has been selected.
Stipulating a mode of payment of fees only upon successful sales and deferring the
bulk of the fees to the end.
Imposing conditions such as the provision of performance bond and liquidated and
ascertained damages for delays allegedly caused by the Architect without any
corresponding provisions for extension of time.

3. All Architects are hereby advised that if specific complaint is received, the Board will not
hesitate to take specific action against those who have deviated from complying with the
Scale of Fees as legislated under the Architects (Scale of Minimum Fees) Rules 1986. It
is now known that there are in fact current invitations issued to Architects for some
projects incorporating some or all of the unacceptable conditions as listed under para 2
above. Whoever accepts a commission from the known developers will be deemed to
have violated the relevant provisions in the Code of Professional Conduct. In such cases,
the Board will require the Architect/s concerned to show cause why disciplinary action
should not be taken against them for violating the Code.

4. The Board hopes that such disciplinary measures will not be necessary and urges
all Architects who have been invited for such illegal competitions to decline the
invitations and to report the sponsors to the Board so that the Board can
communicate directly with the lay parties to advise them of the provisions of the
law.
The cooperation of all Architects is very much desired in the interest of the profession.

By order of the Board,

..........................................................
(ZAINAB MOHAMED)
Registrar

27 April 1999.
2 - CD LAM -
BOARD OF ARCHITECTS MALAYSIA
(P.O. Box 12695, 50786 Kuala Lumpur)

GENERAL CIRCULAR NO. 1/2000

IMPORTANCE OF CONTINUITY
OF REGISTRATION

All persons registered by the Board should note the importance of ensuring that their registration
by the Board is maintained continuously without interruption. The Board has recently obtained
legal advice on this matter as there have been instances that the Board has had to address this
problem.

The instances arose from persons who have allowed their registration to lapse when they fail to
apply for and pay the prescribed annual renewal fee. Thus the Board has, in compliance with
section 16(b) of the Architects Act 1967, removed the persons name from the Register within a
month of the due date. This is a mandatory action and over which the Board has no option.

The consequence of such action on Architects, Architectural Graduates and registered Building
Draughtsmen is far reaching and affects both the registered person as well as the work for which
they may be involved.

For example, should say, an Architect fail to renew his registration by 31 January of any given
year, his name will be removed effective 1 February of that year. Then, should the Architect pay
up his dues on say, 1 March and is reinstated effective on that date, this will leave a period of a
month when the Architect is not registered. This will mean that all actions taken by him as an
Architect will be illegal for the period when his name is not in the Register. This will be applicable
to all certificates issued (e.g. under the Sale and Purchase Agreement, certificates under a
building contract, certificates issued to local authorities, etc.). The impact of this will have far
reaching consequences not only on the Architects own practice but also on his client, the public
as well as the approving authority.

As for Architectural Graduates, should their names be removed from the Register, the period
when they are off the Register will then be excluded from the period of practical experience. This
may impact on their eligibility to sit for the Part III Examination.

For registered Building Draughtsmen, the impact would be the same as for Architects.

In view of the above, all registered persons are reminded to ensure that they do not allow
their registration renewal to lapse.

By order of the Board,

..........................................................
(ZAINAB MOHAMED)
Registrar

1 June 2000

2 - CD LAM -
BOARD OF ARCHITECTS MALAYSIA
(P.O. Box 12695, 50786 Kuala Lumpur)

GENERAL CIRCULAR NO. 2/2000

CERTIFICATE OF COMPLETION AND COMPLIANCE


- CHECKLIST-

This is to inform all Architects and registered Building Draughtsmen that the Ministry of
Housing and Local Government has recently amended the Uniform Building By-Laws
(UBBL) 1984 to allow the implementation of the following :

(a) individually built detached house to be exempted from the


requirements of obtaining a Certificate of Fitness for Occupation
(CFO);

(b) for other buildings, CFO would be deemed to have been issued by
the local authorities within 14 days from the receipt of application
in Form E and registered by the local authorities.

However the above provisions could only be enforced in the relevant states which have
taken action to adopt and gazette the said UBBL amendments. As at 1 October 2000,
only Pahang, Terengganu, Melaka and Johor had done so while the remaining states
are in the process of gazetting them.

Under the new procedure, a Certificate of Completion and Compliance (CCC) will be
issued by the Architect or registered Building Draughtsmen who is the submitting person
for the individually built detached house after having satisfied that the house is fit and
safe for occupancy. The process to implement the change is illustrated in the flowchart
below :

5 - CD LAM -
Flow chart showing the process involved
in the issuance of the CCC

Architect/RBD

T o obtain approvals from all the


relevant technical agencies.

Technical Agencies

Architect/RBD

Issuance of CCC (ie. Form F) to the owner.


1. To send a copy of the CCC 1. To send a copy of the CCC
to LAM. to the LA.

Lembaga Local Authorities


Arkitek Malaysia Owner (LA)

RBD : Registered Building Draughtsman

The Board would like to remind all Architects and registered Building Draughtmen
that this is indeed a test case towards self certification by the submitting persons.
All Architects and registered Building Draughtsmen must therefore ensure that all
requirements of the UBBL have been met and the building is actually ready and fit
for occupation before issuing the CCC. Stern disciplinary action will be taken by
the Board against registered persons who defaulted.

To assist registered members, the Board has prepared a checklist as per


Appendix, for use by all Architects and registered Building Draughtsmen before
issuing the Certificate of Completion and Compliance.

By order of the Board,

..........................................................
(ZAINAB MOHAMED)
Registrar

30 September 2000.

6 - CD LAM -
APPENDIX

ISSUANCE OF CERTIFICATE OF COMPLETION AND


COMPLIANCE FOR AN INDIVIDUALLY BUILT DETACHED HOUSE

CHECKLIST

REF NO:

Before a Certificate of Completion and Compliance is issued, all Architects and Registered
Building Draughtsmen must ensure the following actions have been taken :-

1. Form A - Certification of Building / Structural Plans

Date Tick ()


1.1 Submission of Building Plans ..........................

1.2 Approval of Building Plans ..........................

1.3 Submission of Structural Plans and Calculations of


Professional Engineer ..........................

2. Form B - Notice of Commencement /


Resumption of Building Operations

2.1 Submission of Form B to local authority ..........................

3. Form C - Notice of Completion of Setting Out

3.1 Submission of Form C to local authority ..........................

3.2 Land Surveyors certification on the boundary ..........................

7 - CD LAM -
APPENDIX

4. Form D - Notice of Completion of Foundations

4.1 Submission of Form D to local authority ..........................

4.2 Engineers certification in respect of Foundation and


footing works ..........................

5. Engineers certification in respect of Reinforced


concrete framework ..........................

6. Approvals from technical agencies :

6.1 Jabatan Kerja Raya (JKR) Negeri ..........................

6.2 Jabatan Bekalan Air (JBA) ..........................

6.3 Jabatan Bomba dan Penyelamat ..........................

6.4 Jabatan Perkhidmatan Pembentongan (JPP) ..........................

6.5 Jabatan Parit dan Saliran (JPS) ..........................

6.6 Tenaga Nasional Berhad (TNB) ..........................

6.7 Others ..........................

7. Approval from the following departments in the


relevant local authorities :

7.1 Jabatan Perancangan ..........................

7.2 Jabatan Kejuruteraan ..........................

7.3 Jabatan Perkhidmatan Bandar ..........................

7.4 Other Departments ..........................

7.5 Official search and title from Penguasa Pemegang


Tanah ..........................

7.6 Copy of confirmation letter on land conversion and


submission from Land office, if applicable ..........................

Note :
1. When changes are made by the owner, Architects and registered Building Draughtsmen are required to
submit asbuilt plans in compliance with UBBL requirement before issuing the CCC.
2. In cases when amendment plans are required to be submitted, the approvals from the local authority must
be obtained prior to the issuance of the CCC.

8 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur

GENERAL CIRCULAR NO. 2/2001

ISSUES PERTAINING TO THE ARCHITECTURAL PROFESSION

1. In March 2001, the Board of Architects Malaysia has submitted a


Memorandum to the Ministry of Finance Malaysia which contains the
following three (3) issues :-

* Application to abolish the mandatory 10% discount on


Architects professional fees for government projects

* Appointment of foreign consultants for local projects

* Equity holding by registered Architectural Graduates in Project


Management Consultancy firms

2. Several meetings were held thereafter with the Ministry of Finance Malaysia.
By its letter dated 26 October 2001, the Ministry of Finance has agreed on the
following :-

* to abolish the mandatory 10% discount as contained in the


Memorandum of Agreement BAM/JKR Form B in respect of
the appointment for government projects;

* to allow registered Architectural Graduates to be the minority


shareholders in Project Management Consulting firms.

3. With regards to the appointment of foreign consultants, the Ministry of


Finance has clarified that it is the governments policy not to encourage direct
appointment of foreign consultants in implementing government projects.

4. The above is circulated for the information of all registered Architects and
Architectural Graduates.

By Order of the Board,

..........................................................
(ZAINAB MOHAMED)
Registrar
12 November 2001
2 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur

GENERAL CIRCULAR NO. 3/2001

ARCHITECTURAL EXAMINATION COUNCIL MALAYSIA

1. The Architectural Examination Council Malaysia has been established pursuant to


Section 4(1)(ga) of the Architects Act 1967. This Council is responsible to conduct
examinations for admission to enter the architectural profession in Malaysia which
include the following examinations :-

* Parts I and II Assessment Examination


* Part III Professional Examination
* Proficiency Test for registered Building Draughtsmen
* Other examinations as determined by the Board of
Architects Malaysia from time to time.

2. Beginning August 2001, the Architectural Examination Council Malaysia has


commenced its operation. All matters relating to such examinations will be
handled by the Council. In line with the above, the secretariat for both the Parts I
& II Assessment Examination and the Part III Professional Examination has been
transferred from Pertubuhan Akitek Malaysia (PAM) to the Board of Architects
Malaysia (LAM).

3. All applications and correspondence pertaining to the above examinations should


therefore be addressed to the Secretariat of the Architectural Examination Council
Malaysia at LAMs office.

By Order of the Board,

..........................................................
(ZAINAB MOHAMED)
Registrar

12 November 2001
2 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur

GENERAL CIRCULAR NO. 1/2002

ARCHITECTS CERTIFICATION UNDER THE


STANDARD SALE AND PURCHASE AGREEMENTS

1. The Board finds it necessary to issue this General Circular which follows on
General Circular No. 1/2001.
2. This is because even within the first month of the new year, the Board has received
information that is of extremely serious concern to the profession. The information
relates to the incorrect or apparently fraudulent certification by Architects that will
have far-reaching consequences on innocent purchasers of housing units of various
types.
3. The Board has already incurred much time and effort in dealing with complaints and
disposing of them within the provisions of the Architects Act 1967. This has resulted
in the imposition of the maximum penalty of RM5,000 with or without reprimand for
those found guilty of improper certification.
4. However, as the serious damage suffered by the innocent purchasers far exceed
the penalty imposed on the Architects concerned, the Board has decided that the
monetary penalty is inappropriate. Henceforth, as provided in the Act, the Board
will not hesitate to impose a suspension or remove the names from the
register of all Architects found guilty of improper or fraudulent certification.
The Board has no choice but to impose such hard measures because past
reminders and similar exhortations have not had the desired effect. In adopting this
policy, the Board recognises that it will still not be the solution to the shortcomings
in the housing delivery system. But at least, the offending Architect will no longer
continue to be a hazard to the innocent public.
5. As a reminder, the unacceptable practices most commonly encountered include :-
(a) Premature certification including providing undated signed certificates to
developers and before proper application has been made for the Certificate
of Fitness for Occupation (CFO) together with all prior clearances from
subsidiary approving authorities.
(b) Inaccurate certification when aspects of work still remain incomplete.
(c) Delegating a part of the Architects duty to others (especially to the
developer or his nominees) in satisfying himself that the work has been
completed in accordance with the Sale and Purchase Agreement
notwithstanding that this may have been authorised in writing.
6. The Board hopes that all Architects will take this reminder seriously to avoid
causing damage to the reputation and credibility of the architectural profession as a
whole.

Thank you.

(NOORISAH ABD. SHUKOR)


President
15 February 2002
- CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur

GENERAL CIRCULAR NO. 1/2003

AMENDMENTS OF THE ARCHITECTS ACT 1967

This General Circular is issued to inform all registered members that the Architects
Act 1967 had recently been amended. The amendments had been gazetted and come into
force on 1 December 2002.

Among the amendments are those in respect of the following sections:-

1. Section 2 - Insertion of the definitions of architectural consultancy


practice and architectural consultancy services ;

- Definition of registered Architectural Graduate amended


to registered Architect; and definition of Architect
amended to Professional Architect.

2. Section 7(1) - Entitlement of a Professional Architect to use the


abbreviation Ar before his name and/or the
abbreviation P. Arch after his name or in association
with his name;

3. Section 7A - Registration of architectural consultancy practice to


provide architectural consultancy services.

4. Section 7B - Registration of body corporate providing architectural


consultancy services, professional engineering services
and/or quantity surveying services.

5. Section 8 - Entitlement of Professional Architects to submit plans or


drawings including preparing and submitting
applications for planning approvals.

6. Section 15A - Increase in penalty from RM 5,000 to RM 10,000


which may be imposed by the Board on Professional
Architects or registered Architects for disciplinary
offence.

1 - CD LAM -
7. Section 24 - Empowering the Board to alter the restrictions imposed
on any registered Building Draughtsman as it deems fit.

8. Section 25 - Increase in penalty from RM 2,000 to RM 5,000 which


may be imposed by the Board on registered Building
Draughtsmen for disciplinary offence.

9. Section 33 - Increase in penalty from RM 5,000 to RM 50,000 for the


offence of obtaining registration by false pretences, etc.

10. New Section 34A - Failure to comply with orders of the Disciplinary
Committee, Board, Appeal Board or Minister.

11. New Section 34B - Power of search and seizure.

All Professional Architects, registered Architects and registered Building


Draughtsmen are advised to obtain a copy of the amended Architects Act 1967 * for your
reference.

By order of the Board,

................................
Zainab Mohamed
Registrar

25 January 2003

* Copies may be obtained from LAM at RM 15.00 each (RM 17.00 inclusive of postage)

2 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, Peti Surat 12695
50786 Kuala Lumpur

GENERAL CIRCULAR NO. 4/2003


(Revised 2005)

GUIDELINES ON THE THIRD SCHEDULE [CLAUSE 4(1)] OF THE STANDARD


SALE AND PURCHASE AGREEMENT FOR LAND AND BUILDING
[Schedule G of the Housing Development (Control and Licensing) Regulations 1989]

GUIDELINES ON THE THIRD SCHEDULE [CLAUSE 4(1)] OF THE STANDARD


SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING
[Schedule H of the Housing Development (Control and Licensing) Regulations 1989]

The Guidelines which have been issued vide the Boards General Circular No. 4/2003
dated 15 December 2003 have taken into consideration the amendments to the Housing
Development (Control and Licensing) Regulations 1989 which came into force from
1 December 2002. All Professional Architects have been advised to be familiar with
these Guidelines before certifying works in respect of housing projects undertaken in
West Malaysia. Since the issuance of the Guidelines, many queries have been received
by both the Board of Architects Malaysia (LAM) and the Malaysian Institute of
Architects (PAM) relating to the description of works which need to be completed or
otherwise for the different stages of works.

The Board therefore sees the need to revise the Guidelines after taking into account the
practical reasons and for clarity.

In respect of housing projects in Sabah and Sarawak, works should be undertaken in


accordance with the relevant laws. In the absence of any specific guidelines in respect of
works in Sabah and Sarawak with regard to details of works that must be completed,
Professional Architects should refer to the attached Schedules.

This revised General Circular shall come into force with immediate effect. LAM wishes
to remind all Professional Architects that every proven unprofessional act relating to the
issuance of stage payment certificates will be seriously dealt with by LAM under the
provisions of the Architects Act 1967.

Thank you.

By Order of the Board of Architects Malaysia,

(Ar. ZURAINA LEILY AWALLUDIN)


Registrar

15 August 2005.

- CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur

GENERAL CIRCULAR NO. 2/2004

GUIDELINES ON ARCHITECTURAL
CONSULTANCY PRACTICES

1. An Act to amend the Architects Act 1967 cited as the Architects (Amendment) Act
2002 introduced, among others, a new section 7B pertaining to the registration of a
body corporate providing architectural consultancy services, professional engineering
services and/or quantity surveying services (hereinafter referred to as multi-
disciplinary practices or MDP).

2. Section 7A of the Act was also amended to empower the Board to register
architectural consultancy practices subject to such conditions and restrictions as it may
deem fit to impose.

3. Consequential to these amendments, this General Circular is issued to revise the


guidelines pertaining to the number and types of practices a Professional Architect is
allowed to operate at any one time.

4. All Professional Architects are hereby reminded on the requirements of Code 1(5) of
the Code of Professional Conduct under the Second Schedule of the Architects Rules
1996 which stipulates the following :

An Architect commencing his professional practice as a firm or a


company shall submit to the Board the proposed name of the firm
or company in order to obtain the approval of the Board.

5. The Board has decided that at any one time, a Professional Architect is allowed to set
up architectural consultancy practices as follows :

5.1 any two different types of practices of different composition but shall not
include a multi-disciplinary practice (MDP);

5.2 any three different types of practices of different composition including one
multi-disciplinary practice (MDP).

6. In forming and naming their practices, Professional Architects are required to abide by
the following guidelines :

6.1 Sole Proprietorship


(Section 7A of the Act)

6.1.1 Being the sole principal of the firm, Professional Architects shall
preferably use their individual names in full;

e.g. Arkitek Ahmad Bakar


Lim Ah Kow Architect
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1/4
6.1.2 Professional Architects may also be allowed to use part of their names :

e.g. Arkitek A. Bakar


AK Lim Architect

6.2 Partnership
(Section 7A of the Act)

6.2.1 All the partners shall be Professional Architects;

6.2.2 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. Global Environmental Planners and Architects


Arkitek Supreme;

6.2.3 Preferably the names of firms shall comprise the actual names of the
partners or the acronyms of their initials.

6.3 Architectural Body Corporate


(Section 7A of the Act)

6.3.1 The board of directors shall be Professional Architects;

6.3.2 The body corporate shall have a minimum paid-up capital of


RM 50,000;

6.3.3 The shares shall be held by members of the board of directors solely or
with any other persons who are Professional Architects;

6.3.4 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.

6.3.5 Preferably the names of firms shall comprise the actual names of the
directors or the acronyms of their initials.

6.4 Multi-disciplinary Body Corporate [ MDP ]


(Section 7B of the Act)

6.4.1 The board of directors shall comprise Professional Architects,


Professional Engineers and/or registered Quantity Surveyors;

6.4.2 The shares shall be held by persons mentioned in paragraph 6.4.1 and
any of the following persons and/or bodies corporate where

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(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

(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.

6.4.3 The multi-disciplinary body corporate has a minimum paid-up capital of


RM 150,000.

7. Change in Composition of Practice

7.1 An architectural consultancy practice shall, within thirty days of the occurrence
of any change of its sole proprietorship, or the composition of its partners,
board of directors or shareholders, furnish to the Board a true report in writing
giving full particulars of the change.

7.2 Notwithstanding the above, where in a multi-disciplinary practice

(a) the minimum shareholdings of a Professional Architect and/or body


corporate providing architectural consultancy services is less than the
percentage stipulated in paragraph 6.4.2(i); or

(b) the minimum combined shareholdings of a Professional Architect,


Professional Engineer, registered Quantity Surveyor, body corporate
providing architectural consultancy services, body corporate providing
professional engineering services and/or body corporate practising as
consulting Quantity Surveyors is less than the percentage stipulated in
paragraph 6.4.2(i),

that body corporate shall, as soon as possible but not later than three months
after such change in shareholdings or within any extended period of time as
may be approved by the Board, increase the respective shareholdings so as to
comply with the percentage as stipulated in paragraph 6.4.2(i), and if that body
corporate fails to do so within the stipulated time, the Board shall cancel its
registration under this Act.

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8. Description of Practice

All descriptions of practice shall accurately convey the composition and expertise of
the firms or bodies corporate.

8.1 If the principals are all Professional Architects, the practice shall be described
as "Architects" and shall not be described as "Architects, Engineers and
Surveyors";

8.2 If the practice also has directors from other disciplines, it shall be so described,

e.g. AES - Architects, Engineers and Surveyors;

8.3 Similarity to existing names of practices should be avoided.

9. Letterheads

All letterheads must list the name of the principal, names of partners and names of
the directors together with their professional qualifications and status.

10. General Circular No. 2/1996 is hereby repealed.

By order of the Board of Architects Malaysia,

(Ar. ZURAINA LEILY AWALLUDIN)


Registrar

1 September 2004.

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LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur
Tel 03-26982878 / 26967087 Faks : 03-26936881
E-mel : info@lam@gov.my, Laman Web : http://www.lam.gov.my

GENERAL CIRCULAR NO. 3/2004

CONTINUING PROFESSIONAL DEVELOPMENT


for Professional Architects and registered Architects

This General Circular replaces General Circular No. 2/2003 dated 25 January 2003
and shall be read in conjunction with the Guidelines on Continuing Professional
Development.

The Board has decided to impose mandatory Continuing Professional Development


(CPD) as a requirement for the annual renewal of registration of all Professional Architects
and registered Architects. Every Professional Architect and registered Architect shall be
required to complete a minimum of ten (10) credit points before his application for the
annual renewal of registration can be accepted by the Board.

The above requirement shall be mandatory for the annual renewal of registration
beginning from year 2005. A transition period of one year from 1 January 2003 to 31
December 2003 has been allowed and the credit points accumulated in year 2003 can be
brought forward to year 2004 for the purpose of calculating the mandatory minimum credit
points required for the renewal of registration for year 2005.

All Professional Architects and registered Architects are advised to refer to the
Guidelines on Continuing Professional Development (revised September 2004) which are
herewith enclosed. These Guidelines have incorporated several amendments to the
previous Guidelines circulated vide General Circular No. 2/2003, amongst which are as
follows :-

(i) the term CPD Credit Hours is substituted with CPD credit points wherever
it appears in the Guidelines;

(ii) no limit is imposed on the maximum credit points allowed for each type of
CPD event;

(iii) all CPD events in year 2003 and 2004 will qualify for the same number of
credit points as per the amended Guidelines;

(iv) any excess CPD credit points accumulated for that year can be carried
forward in full to the following subsequent year;

(v) all Professional Architects and registered Architects who are 65 years of age
and above are only required to complete a minimum of five (5) CPD credit
points for their yearly renewal of registration from year 2005.

1/2-
- CD LAM
The revised Guidelines and the List of Approved CPD events are also posted on
the Boards website. For attendance at any non-approved CPD event, application for
recognition of such event may be submitted to the Board using CPD Form B as per
Appendix E to the Guidelines.

Also enclosed for your information is the CPD Status Report for the year 2004
which has been updated up to 30 August 2004 based on your submissions to the Board.

All Professional Architects and registered Architects are reminded to comply with
the minimum CPD requirements according to these Guidelines.

Thank you.

By Order of the Board of Architects Malaysia,

(Ar. ZURAINA LEILY AWALLUDIN)


Registrar

3 September 2004

2/2-
- CD LAM
LEMBAGA ARKITEK MALAYSIA
(Board of Architects Malaysia)

GUIDELINES ON
CONTINUING PROFESSIONAL DEVELOPMENT
for Professional Architects, registered Architects and
registered Building Draughtsmen

1.0 FOREWORD

Continuing Professional Development (CPD) is a life-long learning process that


maintains, enhances or increases the knowledge and skills of Professional Architects,
registered Architects and registered Building Draughtsmen to ensure their knowledge
and ability are relevant to the needs of society.

The relevant Code of Conduct under the Architects Rules 1996 impose an obligation
on Professional Architects, registered Architects and registered Building
Draughtsmen to exercise a reasonable standard of skill and diligence normally
expected and accepted by the profession. Towards this requirement, the Board
encourages Professional Architects, registered Architects and registered Building
Draughtsmen to advocate CPD as the responsibility of each individual.

2.0 INTERPRETATION

For the purpose of these Guidelines: -

approved means approved by the Board of Architects Malaysia;


Board means the Board of Architects Malaysia;
CPD means Continuing Professional Development;
CPD credit point means the number of points accredited by the Board for an
approved event;
CPD event means the activity that is approved by the Board which qualifies for
CPD credit point;

PAM means Pertubuhan Akitek Malaysia;


Professional Architect means a person registered under subsection 10(2) of the
Architects Act 1967;
RBDAM means Registered Building Draughtsmen Association of Malaysia;
registered Architect means a person registered under subsection 10(1) of the
Architects Act 1967;
registered Building Draughtsman means a Building Draughtsman registered under
Part V of the Architects Act 1967.
registered person means a Professional Architect, registered Architect or registered
Building Draughtsman. - CD LAM -

Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 1 / 16


3.0 POWERS TO IMPLEMENT

3.1 In respect of Professional Architects and registered Architects, Sections 13(2)


of the Architects Act 1967 provides the following:

The registration may, subject to this Act, be renewed annually upon


payment of the prescribed fee and upon satisfying such conditions as
may be determined by the Board.;

3.2 In respect of registered Building Draughtsmen, Section 22(4) of the


Architects Act 1967 provides the following:

The registration may, subject to this Act, be renewed annually upon


payment of the prescribed fee and upon satisfying such conditions as
may be determined by the Board..

4.0 CPD REQUIREMENTS

4.1 Pursuant to the above, the Board has decided as follows -

4.1.1 all Professional Architects and registered Architects shall complete


a minimum of ten (10) credit points of CPD per year;

4.1.2 all registered Building Draughtsmen shall complete a minimum of


four (4) credit points of CPD per year;

4.1.3 notwithstanding paragraph 4.1.1 above, Professional Architects


and registered Architects who are 65 years of age and above are
only required to complete a minimum of five (5) credit points of
CPD per year;

4.1.4 notwithstanding paragraph 4.1.2 above, registered Building


Draughtsmen who are 65 years of age and above are only required
to complete a minimum of two (2) credit points of CPD per year.

4.2 The completion of the required minimum of credit points will enable the
respective registered persons to be eligible for the renewal of their registration.
This requirement may be reviewed at the discretion of the Board.

4.3 The following categories of registered persons must comply with the CPD
requirements under Clause 4.1 above:-

4.3.1 all Professional Architects, registered Architects and registered


Building Draughtsmen;

4.3.2 any Professional Architect, registered Architect and registered


Building Draughtsman whose name has been removed from the
Register for failure to renew his registration and desires to be
reinstated must comply with the CPD requirements for the year prior to
reinstatement;
- CD LAM -

Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 2 / 16


4.3.3 any Professional Architect, registered Architect and registered
Building Draughtsman whose registration has been cancelled pursuant
to an order of the Board or the Disciplinary Committee and desires to
be reinstated;

4.3.4 any Professional Architect, registered Architect and registered


Building Draughtsman whose registration has been suspended pursuant
to an order of the Board or the Disciplinary Committee and desires to
be reinstated.

4.4 Exemption from CPD

4.4.1 Professional Architects, registered Architects and registered Building


Draughtsmen may apply for exemption from the CPD requirements by
submitting their applications to the Board stating the reasons together
with evidence and proper documentation to be received by the Board
by not later than 1 December of the year preceding the renewal of
registration.

4.4.2 The Board has the discretion to approve or reject such applications and
its decision is final.

5.0 CPD CREDIT POINTS

5.1 Professional Architects and registered Architects must successfully complete


ten (10) credit points, ensuring that at least five (5) of the ten (10) credit points
are from events which are architecturally related.

5.2 Professional Architects and registered Architects who are 65 years of age and
above must successfully complete five (5) credit points, ensuring that at least
two (2) of the five (5) credit points are from events which are architecturally
related.

5.3 Registered Building Draughtsmen must successfully complete four (4) credit
points, ensuring that at least two (2) of the four (4) credit points are from
events which are architecturally related.

5.4 Registered Building Draughtsmen who are 65 years of age and above must
successfully complete two (2) credit points, ensuring that at least one (1) of the
two (2) credit points is from event which is architecturally related.

5.5 The number of CPD credit points alloted to the various CPD events are shown
in Appendix A1 for Professional Architects and registered Architects, and in
Appendix A2 for registered Building Draughtsmen.

5.6 There is no limit to the number of events and total credit points that a
Professional Architect, registered Architect and registered Building
Draughtsman can accumulate per year.

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Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 3 / 16


5.7 Excess Credit Points

5.7.1 All registered persons who have accumulated more than the minimum
requirement of credit points for the year can carry forward in full the
excess credit points to the subsequent year.

5.7.2 Such excess credit points can be carried forward for one year only.

5.8 Insufficient Credit Points

5.8.1 In the event that the credit points accumulated are less than the
stipulated minimum requirement for the year, the Board shall remove
the names of the Professional Architects, registered Architects or
registered Building Draughtsmen from the Registers for failure to
comply with the conditions stipulated under Clause 3.1 or Clause 3.2.

5.8.2 Any person whose name has been removed and desires to be reinstated
must satisfy the minimum requirement of credit points for
reinstatement as a Professional Architect, registered Architect or
registered Building Draughtsman. For this purpose, he can utilise the
accumulated credit points specified under Clause 5.8.1 by topping up
to fulfill the minimum requirement of credit points for the
reinstatement of registration.

5.8.3 Upon reinstatement, the Professional Architect and registered Architect


shall be required to accumulate a further minimum of ten (10) credit
points, and the registered Building Draughtsman, a further minimum of
four (4) credit points, for the purpose of renewing their registration for
the following year.

5.8.4 In respect of those who are 65 years of age and above, he shall be
required, upon reinstatement, to accumulate a further minimum of five
(5) credit points (for Professional Architect and registered Architect),
and a further minimum of two (2) credit points (for registered Building
Draughtsman) for the purpose of renewing his registration for the
following year.

6.0 CPD EVENTS

6.1 CPD events are the activities that are approved by the Board which qualify for
the CPD credit points.

6.2 To comply with CPD requirements, Professional Architects and registered


Architects shall only participate in CPD events listed in Appendix A1, and
registered Building Draughtsmen shall only participate in CPD events listed in
Appendix A2.

6.3 Professional Architects, registered Architects and registered Building


Draughtsmen must ensure that CPD events in which they participate have
been accredited by the Board. The onus is on the registered persons to seek
confirmation from the Board.

- CD LAM -

Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 4 / 16


6.4 Application for recognition of CPD events shall be submitted to the Board
using the CPD Form B at Appendix E.

7.0 SUBMISSION OF CPD RECORDS

7.1 Every Professional Architect, registered Architect and registered Building


Draughtsman shall submit his CPD records to the Board on a regular basis,
preferably after attendance of each event.

7.2 Applicants must complete and submit the CPD Submission Form as per
Appendix B for Professional Architects and registered Architects, and as per
Appendix C for registered Building Draughtsmen, together with all
supporting documents for the Boards verification and approval.

7.3 The Board shall not approve an application for the renewal of registration if
the applicant does not comply with the CPD requirements as stated in Clause
4.1.1, Clause 4.1.2, Clause 4.1.3 and Clause 4.1.4.

7.4 The Board shall revoke the registration of any Professional Architect,
registered Architect and registered Building Draughtsman at any time if the
Board is satisfied that the renewal of registration has been obtained by
submission of fraudulent documents.

8.0 DATE OF IMPLEMENTATION

8.1 The above requirements shall be mandatory for all Professional Architects,
registered Architects and registered Building Draughtsmen with effect from
1 January 2005.

8.2 Professional Architects, registered Architects and registered Building


Draughtsmen are required to keep records of their CPD participation (please
refer to Clause 7.0 and Clause 11.0 of the Guidelines) beginning from
1 January 2003.

8.3 A transition period of one year begins from 1 January 2003 to


31 December 2003. During this transition period, Professional Architects,
registered Architects and registered Building Draughtsmen who participate in
the CPD events will be allowed to carry forward all their accumulated credit
points in year 2003 to year 2004.

8.4 Credit points accumulated during the year 2004 can be further carried forward
to year 2005 for the purpose of calculating the minimum requirements of
credit points for the renewal of registration of year 2005.

8.5 Renewal of registration beginning from year 2005 onwards must be


accompanied with all relevant documents and/or certificates of attendance in
respect of CPD events that the Professional Architects, registered Architects
and registered Building Draughtsmen have attended and accumulated. Failure
to submit these documents and/or certificates shall render an application for
the renewal of registration to be rejected by the Board.

- CD LAM -

Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 5 / 16


9.0 CORRESPONDENCE

All correspondence relating to CPD should be addressed to: -

The Registrar Postal address :


Board of Architects Malaysia The Registrar
17th Floor, JKR Headquarters or Board of Architects Malaysia
Jalan Sultan Salahuddin P.O. Box 12695
50582 Kuala Lumpur 50786 Kuala Lumpur

Tel: 03-26982878 / 26967087 Fax: 03-26936881


Email: info@lam.gov.my

10.0 EXPLANATORY NOTES

10.1 The activities that will qualify for CPD credit points must be related to the
career of a Professional Architect, registered Architect and registered Building
Draughtsman. These comprise both technical and non-technical topics. Non-
technical topics include management, accounting, law, economics, foreign
languages and others which will assist the Professional Architects, registered
Architects and registered Building Draughtsmen in performing their duties.

10.2 Functions that are routinely performed by Professional Architects, registered


Architects and registered Building Draughtsmen that form part of their
employment do not qualify for CPD credit points. For example, lecture notes
prepared by lecturers to teach the students do not qualify for the CPD credit
points. However, papers presented for conferences/seminars at the national
and international levels could be accepted.

10.3 The CPD events are categorised as follows :

For Professional Architects and For registered


registered Architects Building Draughtsmen

(a) Conventions, conferences, (a) Conventions, conferences,


seminars, workshops, talks, seminars, workshops, talks,
courses, technical visits, etc. courses, technical visits, etc.
(b) Research and post-graduate studies (b) Studies
(c) Presentation of papers (c) Presentation of papers
(d) Publication of books and articles (d) Publication of books and articles
(e) Service to the profession (e) Service to the profession
(f) Others (f) Others

10.3.1 Conventions, conferences, seminars, workshops, talks, courses,


technical visits, etc.

These include seminars, conferences, workshops, CPD talks and


technical site visits organised by the Board, PAM or RBDAM.
Seminars, conferences and workshops run by other acknowledged
professional institutes or experts at national or international level
could also be considered provided their main topics are related to
the development of the profession.
- CD LAM -

Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 6 / 16


10.3.2 Research and Post Graduate Studies

Professional Architects, registered Architects and registered


Building Draughtsmen attending full time or part time studies on
subjects related to architecture can apply for CPD credit points in
accordance with Appendices A1 and A2.

10.3.3 Presentation of Papers

Professional Architects, registered Architects and registered


Building Draughtsmen who prepare and present papers for
conventions, conferences, seminars, workshops, talks, courses, etc.
organised by the Board, PAM, RBDAM or others can also apply
for CPD credit points in accordance with Appendices A1 and A2 if
the papers prepared and presented are on architecturally related
matters or contribute to the advancement of the profession.

10.3.4 Publication of Books and Articles

Professional Architects, registered Architects and registered


Building Draughtsmen who publish books or articles in journals
related to architecture will be granted credit points in accordance
with Appendices A1 and A2. This excludes the publication of
company brochures.

10.3.5 Service to the Profession

Credit points can be claimed for the service to the profession


particularly where it contributes to the continuing professional
development of others. Examples of such services are contributions
to the Board, PAM, RBDAM, committees, sub-committees and
expert groups at both the national and international levels in
accordance with Appendices A1 and A2.

10.3.6 Others

If a Professional Architect, registered Architect or registered


Building Draughtsman believes that he is undertaking other types
of CPD activities not described above, such as being chairperson or
organiser of approved events, he should make a submission to the
Board for approval.

11.0 SUPPORTING DOCUMENTS

The supporting documents, as applicable, to be submitted together with Appendices B


and C (CPD Submission Form) shall be as follows : -

(i) certificates of attendance at approved CPD events or other documentary


evidence.
(ii) proof of attendance/registration in recognised full time and part time courses
or other supporting documents.
(iii) proof of attendance at professional meetings.
- CD LAM -

Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 7 / 16


(iv) proof of service in the Board, PAM, RBDAM, committees, sub-committees.
(v) proof of authorship of articles or books.
(vi) proof of presentation/attendance at talks/seminars, etc.
(vii) exemption letters/certificates from the Board of Architects Malaysia.

12.0 CPD IMPLEMENTATION FLOW CHART

Please refer to Appendix D.

- CD LAM -

Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 8 / 16


APPENDIX A1

LEMBAGA ARKITEK MALAYSIA

CPD CREDIT POINTS TABLE FOR


PROFESSIONAL ARCHITECTS AND REGISTERED ARCHITECTS

Credit Point
No. CPD Events Description
Per Event

a Conventions, 1. Organised by the Board or PAM


Conferences, Seminars, 1.1 National level
Workshops, Talks, i) Half day 2
Courses, Technical visits, ii) One day 4
etc. iii) More than one day 6
1.2 International level
i) Half day 3
ii) One day 6
iii) More than one day 8
2. Organised by others as approved by the
Board.
2.1 National level
i) Half day 1
ii) One day 2
iii) More than one day 3
2.2 International level
i) Half day 2
ii) One day 4
iii) More than one day 6

3. Technical Visits (structured) 1


4. Attendance at PAM Annual General Meeting 1
(AGM)

b Research & Post 1. Full time study for minimum of twelve (12) 10
Graduate Studies months duration or more on subject related
to architecture
2. Full time study for a minimum of six (6) months 5
duration on subject related to architecture
3. Part-time Study/Correspondence / Distance 5
Learning Course for a duration of not less than
two (2) years leading to a Post-Graduate
Degree related to architecture
4. Other studies as approved by the Board **

- CD LAM -

Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 9 / 16


Credit Point
No. CPD Events Description
Per Event

c Presentation Preparation and presentation of papers for


of Papers * conventions, conferences, seminars, workshops,
talks, courses, etc.
1. Organised by Board or PAM
1.1 National level 6
1.2 International level 8
2. Organised by others
2.1 National level 4
2.2 International level 6

D Publication of Books and 1. Authored, edited and/or published a book up to 10


Articles * which is related to the profession as
approved by the Board. up to 4
2. Published an article in journal which is related
to the profession as approved by the Board.

E Service to the Profession Professional Architects or registered Architects


serving in the Board or PAM Council, committees
and sub-committees who have attended regular
meetings with a minimum of 60% attendance
overall for any one of the following positions held
:
1. Board President / Registrar, PAM President 8
2. Board Member / PAM Council 4
3. Board or PAM Committee Member 4
4. Representing Board or PAM in official **
capacity
F Others Others as approved by the Board **

Note : * One (1) copy of Thesis/Research, Seminar Paper or Report shall be presented
to the Board for records
** Credit points to be determined by the Board

- CD LAM -

Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 10 / 16


APPENDIX A2

LEMBAGA ARKITEK MALAYSIA


CPD CREDIT POINTS TABLE FOR
REGISTERED BUILDING DRAUGHTSMEN

Credit Points
No. CPD Events Description
Per Event

a Conventions, 1. Organised by the Board or RBDAM 2


Conferences, Seminars, 2. Organised by others 1
Workshops, Talks,
Courses, technical visits, 3. Technical Visits 1
etc. 4. Attendance at RBDAM Annual General 1
Meeting (AGM)

b Studies 1. Full time study for minimum of twelve (12) 6


months duration or more on subject related
to architecture
2. Full time study for a minimum of six (6) months 3
duration on subject related to architecture
3. Part-time Study/Correspondence / Distance 3
Learning Course for a duration of not less
than two (2) years leading to a
Diploma/Degree related to architecture
4. Other studies as approved by the Board **
c Presentation Preparation and presentation of papers for
of Papers * conventions, conferences, seminars, workshops,
talks, courses, etc.
1. Organised by Board or RBDAM 3
2. Organised by others 2

d Publication of Books and 1. Published a book which is related to the 4


Articles * profession
2. Published an article in referric journal which is 2
related to the profession
e Service to the Profession Registered Building Draughtsmen serving in the
Board, RBDAM or committees who have
attended regular meetings with a minimum of
60% attendance overall for any one of the
following positions held:
1. President of RBDAM 3
2. Board Member/RBDAM Council 1
3. Representing Board or RBDAM in official 1
capacity

f Others Others as approved by the Board **

Note : * One (1) copy of Thesis/Research, Seminar Paper or Report shall be presented
to the Board for records
** Credit points to be determined by the Board

- CD LAM -

Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 11 / 16


APPENDIX B

LEMBAGA ARKITEK MALAYSIA


Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Tel. : 603-26982878, 40407087, Faks : 603-26936881
E-mel : info@lam.gov.my, LAM1@jkr.gov.my

CPD SUBMISSION FORM


FOR PROFESSIONAL ARCHITECTS
AND REGISTERED ARCHITECTS

RECORD FOR THE YEAR ..............

Name : _______________________________________________________

Registration No. : ____________________________

Credit
No CPD Events Description Date
Points
Credit Points Brought
i
Forward
Attendance at
conventions, conferences,
a seminars, workshops,
talks, courses, technical
visits, etc.
Research and
b
postgraduate studies

c Presentation of papers

Publication of books and


d
articles

e Service to the profession

f Others

Total Credit Points


ii Credit Points Carried Forward

I hereby declare that the above information is true and correct to the best of my knowledge.

..................................... Date : ____________


(Signature of Applicant)

Please tick before submission :-


Form is duly completed
Relevant supporting documents required under Clause 11.0 are attached

- CD LAM -

Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 12 / 16


APPENDIX C

LEMBAGA ARKITEK MALAYSIA


Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Tel. : 603-26982878, 40407087, Faks : 603-26936881
E-mel : info@lam.gov.my, LAM1@jkr.gov.my

CPD SUBMISSION FORM


FOR REGISTERED BUILDING DRAUGHTSMEN

RECORD FOR THE YEAR ..............


Name : _______________________________________________________

Registration No. : ____________________________

Credit
No CPD Events Description Date
Points
Credit Points Brought
i
Forward
Attendance at
conventions, conferences,
a
seminars, workshops,
talks, courses, etc.
b Studies

c Presentation of papers
Publication of books and
d
articles

e Service to the profession

f Others

Total Credit Points


ii Credit Points Carried Forward

I hereby declare that the above information is true and correct to the best of my knowledge.

..................................... Date : ____________


(Signature of Applicant)

Please tick before submission :-


Form is duly completed
Relevant supporting documents required under Clause 11.0 are attached

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Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 13 / 16


APPENDIX D
LEMBAGA ARKITEK MALAYSIA
CPD IMPLEMENTATION FLOWCHART

START

Planning of CPD
Programme

From 1 January
Accumulation of
CPD credit points

Completion of
CPD Submission Form

Submission to Regularly after


the Board attending CPD event

Checking of
Submissions

Review by
CPD Committee

NO
Approval
of
applications

YES

Renewal of Registration

END

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________________________________________________________________________________________________________________
Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 14 / 16
APPENDIX E

LEMBAGA ARKITEK MALAYSIA


CPD FORM B
APPLICATON FOR RECOGNITION OF CPD EVENT
(Professional Architects, Architects and registered Building Draughtsmen)

YEAR __________

INSTRUCTIONS TO APPLICANT

1. Use separate Form for each event


2. Completed Form must be submitted together with the organisers event brochure.
3. If you were the speaker, you are also required to submit a copy of the papers presented.
4. Application shall be submitted after the event together with the Certificate of
Attendance.
5. All decisions of the Board regarding this application is final.
_______________________________________________________________________

A. Personal Details
(i) Name of applicant :

(ii) Registration No. :

(iii) Correspondence :
Address

(iv) Tel. No. : Fax. No. :

(v) Email Address : H/p No. :

B. Details of Events

(i) Title of Event : _______________________________________________

(ii) Name of Organiser : _______________________________________________

(iii) Start Date : ____________________ End Date : _________________

(iv) Venue : _______________________________________________

(v) No. of Hours : _______________________________________________


(excluding breaks,
lunch, etc.)

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________________________________________________________________________________________________________________
Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 15 / 16
(vi) Type of event [Please tick () where applicable] :

Seminar Workshop Others (Please state)


_________________
Conference Discussion
Group

(vii) Role of Applicant [Please tick () where applicable] :


As speaker As participant

(viii) No. of Papers Presented : ____________

. ..
Signature of Applicant Date

C. For Office Use

Approved Rejected

No. of Credit Points approved : _______________


Date : _____________________________________

- CD LAM -
________________________________________________________________________________________________________________
Gen. Cir. No. 3/2004 (CPD Guidelines Revised Sept. 2004) 16 / 16
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur. Tel : 03-26982878 / 26967087
Faks : 03-26936881 E-mel: info@lam.gov.my, Laman Web : www.lam.gov.my

To : All Professional Architects and registered Architects

CONTINUING PROFESSIONAL DEVELOPMENT


Compliance with the Provisions of
General Circular No. 3/2004

1. The Guidelines on Continuing Professional Development (CPD) issued vide LAMs


General Circular No. 3/2004 provides, amongst others, that the CPD requirements shall be
mandatory for the annual renewal of registration beginning from year 2005. Being the first
year of its implementation, LAM had allowed members who had applied to renew their
registration for 2005 to do so even though they have not complied fully with the minimum
10 CPD credit point requirements. However they are required to obtain the insufficient CPD
credit points in year 2005 over and above the 10 CPD credit points required for the 2006
renewal of registration.

2. All Professional Architects and registered Architects are reminded to continue


accumulating the required CPD credit points to enable the renewal of their registration for
year 2006. Members are advised to submit their CPD records to the Board on a
regular basis, preferably after attending each CPD event.

3. The Board had received appeals from several registered Architects pertaining to the
minimum CPD credit point requirement which is presently at par with the requirements for
Professional Architects. The Board had decided that beginning from the renewal of
registration for year 2006, registered Architects are only required to accumulate 6 CPD
credit points annually. However, the minimum CPD credit point requirements for
Professional Architects will remain unchanged.

4. In respect of reinstatement of registration, the following shall apply:

4.1 the person shall obtain the insufficient CPD credit points before his
reinstatement can be approved;

4.2 upon reinstatement, he shall be required to accumulate a further minimum


of the required CPD credit points before his registration can be renewed for
the following year.

5. Members are advised to refer to the Boards website at http://www.lam.gov.my from


time to time to obtain the updated list of approved CPD events. If any member has
attended any architecturally related event which is not in the list of approved events, he
may apply to the Board for recognition of those events by using the CPD Form B which can
be downloaded from the same website. Kindly forward documents such as event brochures
and proof of attendance for the Boards evaluation.

- CD LAM -
6. Enclosed for your information are the CPD Status Report for both years of 2004
and 2005 which had been updated up to 15 August 2005. Kindly inform LAM Secretariat of
any new updates.

Thank you.

By Order of the Board of Architects Malaysia,

(Ar. ZURAINA LEILY AWALLUDIN)


Registrar

15 August 2005

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LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur
Tel : 03-26982878/26967087 Faks : 03-26936881
E-mel : info@lam.gov.my Web : www.lam.gov.my

GENERAL CIRCULAR NO. 1/2005

AMENDMENTS TO THE ARCHITECTS


RULES 1996

1. The present Architects Rules 1996 had been in force since 15 August 1996.

2. Following the last amendments to the Architects Act 1967 which came into
force from 1st December 2002, appropriate action had been taken to make
consequential amendments in the relevant provisions of the Architects Rules
1996.

3. Amongst the main amendments scheduled to take effect from 1 January 2006
are the following :

3.1 Rule 20(1) Registration Fee

(i) A processing fee of RM50 which is non-refundable will be


imposed for every application for registration as Professional
Architect, Architect and registered Building Draughtsman as
well as for temporary registration of foreign architect;

(ii) The registration fee of registered Building Draughtsman shall


be RM200;

(iii) The fee for temporary registration of a foreign architect shall


be RM1000.

3.2 Rule 23(1) Renewal of Registration Fee

(i) A fee of RM50 will be imposed on registered Achitects for


the yearly renewal of their registration;

(ii) The renewal of registration fee for Professional Architects


shall be RM200;

(iii) The renewal of registration fee for registered Building


Draughtsman shall be RM100;

(iv) The renewal fee for temporary registration of a foreign


architect shall be RM1000.

- CD LAM - 1/2
3.3 Rule 30(2) : Registration of Architectural Consultancy Practices;
Rule 32(1): Renewal of Registration

(i) A processing fee of RM50 which is non-refundable will be


imposed on every application to register a sole proprietorship,
partnership or body corporate practice;

(ii) The registration fee shall be RM500 for sole proprietorship


practices and RM1000 each for partnership and body
corporate practices;

(iii) The renewal of registration fee shall be RM500 for sole


proprietorship practices and RM1000 each for partnership and
body corporate practices.

4. The amendments to the Architects Rules 1996 are in the final stage of vetting
by the Attorney-Generals Chambers.

5. LAM proposes to enforce the new rates as described under paragraphs 3.1,
3.2 and 3.3 above with effect from 1 January 2006.

6. This notice serves to inform all registered members in advance of the new
rate of fees. You will be informed as soon as approval from the Attorney
Generals Chambers is received and the amendments are gazetted which are
expected in December 2005.

Thank you.

By Order of the Board of Architects Malaysia,

Registrar

15 November 2005.

- CD LAM - 2/2
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 5086 Kuala Lumpur
Tel: 03-26982878 / 26967087 Faks: 03-26936881
E-Mel: info@lam.gov.my Web: www.lam.gov.my

GENERAL CIRCULAR NO. 2/2005


(REVISED 2008)

GUIDELINES ON
ARCHITECTURAL COMPETITION

1.0 INTRODUCTION

1.1 These Guidelines are issued pursuant to the provisions of the Code of
Professional Conduct for Professional Architects to elaborate and provide
guidance relating to architectural competitions.

1.2 Code 2(7) of the Code of Professional Conduct for Professional Architects
under the Second Schedule to the Architects Rules 1996 stipulates the
following :

A Professional 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.

1.3 The purpose of these Guidelines is to state the principles upon which
competitions are based and by which promoters should be guided in
organising a competition. These Guidelines serve to protect the interests of
both the promoters and the competitors.

2.0 INTERPRETATION

2.1 In these Guidelines, unless the context otherwise requires -

Architect shall mean Professional Architect defined under section 10(2) of


the Architects Act 1967;

architectural competition shall mean a situation when two or more


Architects or architectural consultancy practices are invited to submit design
or drawings for a particular architectural or building project either as an idea
competition, conceptual design or any part of the architectural consultancy
services ;

architectural consultancy services shall mean the provision of architectural


consultancy advice and services pertaining to all or any of the following :

(a) submission of plans or drawings to any person or local authority in


Malaysia;

6 May 2008 - CD LAM - 1


(b) conceptualization, research and development of any design for the
built environment;

(c) any survey, preparation of reports including environmental impact


assessment reports, or investigation relating to the built environment;

(d) project programming, construction and manufacturing programming,


and product design;

(e) planning and development services including interior design,


financial advisory services, project management, contract
administration and landscaping;

(f) preparation of feasibility studies and cost estimates;

(g) preparation of plans and other means of presentation;

(h) all services in compliance with statutory requirements;

(i) any other activities relating to the creation, preservation and


enhancement of the built environment;

foreign architect shall mean a foreign architect registered with the


professional architectural body in his country of origin;

promoter shall mean the land owner or developer of the land or their
project manager or agent or whoever is in-charge of conducting the
competition for or on behalf of the land owner or developer.

3.0 OBJECTIVES OF ARCHITECTURAL COMPETITION

3.1 There are two (2) distinct objectives of having a competition :

a) Selecting an Architect who offers the most appropriate design


solution;

b) Finding an idea for design solution to a particular plot of land.

4.0 LEVELS OF COMPETITION

Competitions can be at two (2) levels :

4.1 International Competitions

International designated competitions shall apply to any competition in


which participation is opened to architects or teams of specialists led by an
architect who are of different nationalities and reside in different countries
as well as to members of other related professions working in association
with them.

6 May 2008 - CD LAM - 2


For international competitions, LAM will adopt the UNESCO/UIA Standard
regulations for international competitions in architecture and town planning.

4.2 National Competitions

National architectural competitions are competitions which are conducted


within Malaysia and open only to Architects registered with LAM.

5.0 CONDUCT OF COMPETITIONS

5.1 LAMs involvement

a) Competitions may be conducted by LAM, or it can be assigned to


PAM. Competitions may also be conducted by the promoter subject
to compliance with the basic rules and guidelines as set up by LAM.

b) Architects are more likely to submit entries to LAM approved


competitions. LAMs involvement ensures independent and impartial
services and that correct procedures are followed and selection
process is fair and transparent.

c) Recommendation or appointment of a convener in the first instance


by LAM will assist in producing a brief, provide technical advice, set
up the judging panel and prepare an assessors report to give
feedback to competitors and promoters.

d) The promoter of a competition in conjunction with LAM appoints the


convener and the assessors whose functions are to prepare the
instructions to the competitors. Invitations to participate are issued by
the promoter and competitors apply for the particulars. Designs are
submitted anonymously and the assessors award the premiums and
report to the promoter who undertakes to accept the decision and to
appoint the winner as Architect for the work.

5.2 Standard Competition Process

a) The format of any architectural competition is determined by the


requirements of the promoter and the specific project. Each
competition is tailored to individual needs.

b) There are many tried and tested competitive processes which enable
a promoter to select either an Architect or a design solution :

i) Competitive Interview to find the right Architect. Expressions


of interest are requested from the Architects with a short list
being selected for interview. Only a broad project brief is
required with a commitment to build by the client;

ii) Ideas Competition to identify a range of possible design


solutions against a broad conceptual brief with no
commitment to build;

6 May 2008 - CD LAM - 3


iii) Project Competition to find a single best design solution for a
building project. Open to all Architects with a detailed project
brief and a commitment to build;
iv) Limited Competition is restricted to selected Architects;

v) Open Competition is open to all Architects.

5.3 Eligibility

a) The eligibility of entrants is determined by one of the following


general methods :

i) Open - all Architects;

ii) Limited - to a specific group of Architects such as those based


exclusively within a state or region;

b) No member of the promoting body nor the assessors nor partner,


associate or employee, family members of either, shall be eligible to
compete or assist a competitor;

c) Foreign architects or competitors shall work in association with local


Architects unless it is a Design Ideas competition.

6.0 TYPES OF COMPETITIONS

6.1 Project Competition

The objective of a Project Competition is to find the best solution for a


building project; the author of the winning entry being commissioned as
Architect for the realisation of the project.

6.2 Design Ideas Competition

Design Ideas competition is set as an exercise to elucidate certain aspects


of architectural and/or planning problems. In general, the winning project is
not destined for realisation and its author is therefore not commissioned as
Architect. Consequently, students of architecture may be permitted to
participate, on the decision of the promoter.

In certain circumstances, a contract as architect-consultant may


nevertheless be envisaged with the winner.

7.0 FORMAT OF COMPETITION

7.1 Single Stage Competition

This format of competition requires a one stage submission by the


competitors comprising items to be determined by the promoter. The
winner is selected from the submitted entries without resorting to any
further scrutiny or submission.

6 May 2008 - CD LAM - 4


7.2 Two Stage or Multi-Stage Competition

(a) This format of competition relies on an initial submission that


showcases the competitors concept and preliminary ideas with
regard to the intention and execution of the concept.

(b) Based on the initial submission, a shortlist is drawn up and the


authors of this shortlisted scheme are invited to make a second
stage submission to elaborate in more detail or demonstrate the
workability of the concepts and design ideas contained in the first
stage submission.

(c) The selection of the format to be adopted for a particular competition


depends on the following:-

(i) anticipated complexity of the design solution;

(ii) availability of funds or budgeted expenditure as percentage of


the whole project cost;

(iii) available time for conducting competition.

8.0 REGULATIONS AND PROCEDURES

8.1 General Provision

a) The regulations and conditions for an architectural competition shall


be identical for all competitors.

b) All competitors submission shall be judged anonymously.

c) Notice of an architectural competition shall be issued by the


promoter and/or LAM Secretariat to all Architects or through other
media, as far as possible simultaneously, to enable those interested
to apply for the regulations and full set of conditions in due time. The
announcement shall state where and how copies of conditions may
be obtained and specify that the conditions have received LAMs
approval.

8.2 Convener

The promoter shall appoint a convener, preferably an Architect, to prepare


the conditions and supervise the conduct of the competition.

8.3 Drawing up of the Conditions

a) The conditions for the competitions whether single or two stage,


open or limited shall state clearly :-

i) the purpose of the competition and intentions of the promoter


ii) the nature of the problem to be solved
iii) all the practical requirements to be met by the competitors

6 May 2008 - CD LAM - 5


b) A clear distinction shall be made in the conditions between
mandatory requirements of an essential nature and those which
permit the competitors freedom of interpretation which should be as
wide as possible. All competition entries shall be submitted in
conformity with the regulations.

c) The necessary background information supplied to competitors


(social, economic, technical, geographical, topographical, etc.) must
be specific and not open to interpretation. Supplementary information
and instructions approved by the assessors may be issued by the
promoter to all competitors selected to proceed to the next stage of a
multi-stage competition.

d) The regulations shall state the number, nature, scale and dimensions
of the documents, plans or models required and the terms of
acceptance of such documents, plans or models. Where an estimate
of cost is required, this must be presented in standard form as set
out in the regulations.

8.4 LAMS Approval

The promoter must obtain LAMs written approval of the requirements for a
competition including the timetable, registration fee and fee for the
assessors before announcing that it is being held under LAMs auspices.

8.5 Registration of Competitors

a) As soon as they have received details of the competition,


competitors shall register with the promoter. Registration implies
acceptance of the regulations for the competition.

b) The promoter shall issue to the competitors all the necessary


documentation for preparing their designs. Where the furnishing of
such documentation is conditional on payment of a deposit, unless
otherwise stated, this deposit shall be returned to the competitors
who submit a bona fide design.

c) The name of those competitors selected to proceed to the next stage


of a multi-stage competition shall be made public only under
exceptional conditions to be agreed upon by the assessors before
the launching of the competition.

8.6 Prize Money, Compensation and Honoraria

a) The regulations for any competition must state the number of prizes
and the amount of prize-money. This must be related to the size of
the project, the amount of work involved for the competitors and the
resulting expenses incurred by them.

b) Town planning competitions are by their nature ideas competitions,


since the work is generally carried out by official bodies, frequently
on a long term basis. It is therefore particularly important for the

6 May 2008 - CD LAM - 6


promoter to allot adequate prize money to recompensate competitors
for their ideas and the work they have done.

c) The promoter undertakes to accept the decisions of the assessors


and to pay the prize money within one month of the announcement
of the competition results. Each competitor by invitation shall receive
an honorarium in addition to the prizes awarded.

d) In a multi-stage competition, a reasonable honorarium shall be paid


to each of the competitors selected to take part in the next stage.
This sum, which is intended to reimburse them for the additional
work carried out in the next stage, shall be stated in the regulations
for the competition and shall be in addition to the prizes awarded.

e) The regulations shall state the exact use to which the promoter will
put the winning design. Designs may not be put to any other use or
altered in any way except by the agreement with the author, who
shall retain the intellectual proprietary rights.

f) In project competitions, the award of the first prize to a design places


the promoter under the obligation to entrust the author of the design
with the commission for the project. If the winner is unable to satisfy
the promoter of his ability to carry out the work, the promoter may
propose another architect of his choice to work with the winner.

g) In project competition, provision shall be made in the regulations for


the competition for the first prize winner to receive as compensation
a further sum equal to the amount of the first prize if no contract for
carrying out the project has been signed within 24 months of the
announcement of the assessors award. In so compensating the first
winner, the promoter does not acquire the right to carry out the
project except with the collaboration of its author.

h) In ideas competition, the promoter, if he intends to make use of all or


part of the winning or any other scheme, shall wherever possible
consider some form of collaboration with its author. The terms of
collaboration must be acceptable to the latter.

8.7 Copyright and Right of Ownership

a) The author of any design shall retain the copyright of his work; no
alterations may be made without his formal consent.

b) The design awarded first prize can only be used by the promoter
upon his commissioning the author to carry out the project. No other
design, whether it has been awarded a prize or not, may be used
wholly or in part by the promoter except by agreement with the
author.

c) As a general rule, the promoters right of ownership on a design


covers one execution only. However, the regulations for the
competition may provide for repetitive work and specify terms

6 May 2008 - CD LAM - 7


thereof.

d) In all cases, unless otherwise stated in the Guidelines, the author of


any design shall retain the right of reproduction.

8.8 Assessors

a) A Panel of Assessors shall be appointed before the announcement


of the competition. The names of the assessors shall be listed in the
conditions for the competition. As a general rule, the assessors are
appointed by the promoter after approval by LAM and LAM shall
assist the promoters in the selection of the assessors.

b) Panel of Assessors shall be composed of qualified persons and in


any event the Panel shall be an odd number and shall not exceed 7.
The majority of them shall be independent Architects. At least one
member of the Panel shall be appointed by LAM and this should be
stated in the conditions for the competitions.

c) It is essential that all full members of the Panel of Assessors be


present throughout all meetings of the assessors. The assessors
shall lay down before hand the rules and procedures of adjudication.
Each assessor shall approve the regulations and conditions for the
competition before they are made available to competitors.

d) No assessor for a competition shall take part either directly or


indirectly in that competition or be interested either directly or
indirectly with a commission connected with the carrying out of the
object of the competition.

e) No member of the promoting body, nor any associate or employee,


nor any person who has been concerned with the preparation or
organization of the competition shall be eligible to compete or assist
a competitor.

f) The decision of the assessors shall be taken by a majority vote with


a separate vote on each design submitted. The list of awards as well
as the assessors report to the promoter shall be signed by all
members of the Panel of Assessors before they disperse and one
copy of this document shall be sent to LAM.

g) In multi-stage competitions, the same assessors shall judge both


stages of the competition. In no case may a competition which has
received LAMs approval as single stage competition proceed to a
second stage except with LAMs approval of the conditions and the
arrangements for payment of honoraria to the competitors involved
over and above the prize money provided for in the original
competition. In the event of such a secondary competition taking
place, the assessors appointed for the original competition must be
reappointed by the promoter.
h) Any drawings, photographs, models or other documents not required
under the regulation shall be excluded by the assessors before they
examine a competitors entry. The assessors shall disqualify any

6 May 2008 - CD LAM - 8


design which does not conform to the mandatory requirements,
instructions or regulations for the competitions.

i) The assessors must make awards. The awards shall be final and
shall be made public by a date agreed with LAM and stated in the
competition. The fees, travel and subsistence expenses of assessors
shall be paid by the promoter.

8.9 Exhibitions and Entries

a) All designs including those disqualified by the assessors shall be


exhibited as a general rule for at least two weeks together with a
copy of the signed report of the assessors.

b) The promoter shall notify registered competitors in good time, of the


date and place of the exhibition and of the result of the competition,
and send them a copy of the assessors report. Photographs of the
prize-winning designs shall be sent to LAM with a view to possible
publication.

c) In this stage competition, design submitted in the first stage shall be


kept secret until the final results are announced.

d) LAM encourages all promoters of competition to hold public


exhibitions of the competition entries.

8.10 Returns of Submitted Materials

All drawings and plans, other than those which have received prizes or
been purchased and are retained by the promoter shall be returned to the
competitors (at their own cost), unless provision is made to the contrary in
the regulations for the competition. Where models are required, they will be
returned to the author at the expense of the promoter within a month from
the close of the public exhibition.

8.11 Decision of Assessors shall be Final

The assessors are the sole arbiters at all stages, up to the final prize
giving. All competitors shall agree to abide by the assessors decision.

8.12 Cost of Organising a Competition

The promoters are advised to contact the LAM Secretariat, which will give
information and advice in the light of the nature of the envisaged
competition.

8.13 Prizes

The total value of the prizes to be awarded in an architectural competition

6 May 2008 - CD LAM - 9


varies according to the size and complexity of the project and subject to the
agreement of LAM.

8.14 Conveners and Assessors Fee

This fee varies according to the complexity of the competition program and
regulations.

8.15 LAMS Fees

The LAMs fees will be based on the services required by the promoter.

8.17 Other Costs

The promoter shall bear all costs related to the competition

All Architects are required to take note of this General Circular and ensure that
your participation is only in those competitions which have been sanctioned by the
Board.

Lembaga Arkitek Malaysia


6 May 2008

6 May 2008 - CD LAM - 10


LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR
Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur

GENERAL CIRCULAR NO. 1/2006

AMENDMENTS TO THE ARCHITECTS RULES 1996

Further to the General Circular No. 1/2005 dated 15 November 2005, this General Circular
is issued to inform all registered members that the amendments to the Architects Rules
1996 had been gazetted and come into force on 29 December 2005.

The main amendments include the following:-

1. Rule 20 - Imposition of a processing and registration fee for every


application for registration as a registered Architect,
Professional Architect or registered Building Draughtsman
and for temporary registration of a foreign Architect;

2. Rule 30 - Imposition of a processing and registration fee for every


application for registration of sole proprietorship, partnership
or body corporate as an architectural consultancy practice;

3. Second Schedule - The new Code of Professional Conduct for Professional


Architects in Part One;
The new Code of Conduct for registered Building
Draughtsmen in Part Two;

4. Third Schedule - Amendments to the Conditions of Engagement of a


Professional Architect in Part One;
Amendments to the Conditions of Engagement of a
registered Building Draughtsman in Part Two;

5. Fourth Schedule - Amendments to the Memorandum of Agreement between the


Client and the Professional Architect for Architectural
Consultancy Services.

All Professional Architects, registered Architects and registered Building Draughtsmen are
advised to obtain a copy of the amended Architects Rules 1996 which may be downloaded
from the Boards website. The document may also be purchased from the Boards office.

By Order of the Board of Architects Malaysia,

(Ar. ZURAINA LEILY AWALLUDIN)


Registrar

28 April 2006

1 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur
Tel : 03-26982878/26967087 Faks: 03-29636881
E-mel : info@lam@gov.my, Laman Web : http//www.lam.gov.my

GENERAL CIRCULAR NO. 2/2006

All Professional Architects and registered Architects

PART III PROFESSIONAL EXAMINATION


(i) Handbook for the Part III Professional Examination
(ii) Practical Experience Log Book

Majlis Peperiksaan Senibina - Lembaga Arkitek Malaysia (MPS-LAM) has revised


the Handbook for the Part III Professional Examination. Some of the amendments
are :

(i) The provision that requires applicant applying for the second and third time to
submit additional log sheets and job diaries has been deleted;

(ii) The period of practical experience in a Professional Architects firm shall not
be less than one (1) year at any one time;

(iii) The Syllabus for the Part III Professional Examination has been updated to
reflect current requirements of practice as indicated in Appendix 1 of the
Handbook.
The new Practical Experience Log Book shall replace the existing Practical
Training Log Book. Candidates will be required to acquire working experience to
cover the Architects full scope of architectural consultancy services.
The Handbook for the Part III Professional Examination and the Practical
Experience Log Book shall be applicable for all candidates taking the Part III
Professional Examination effective from year 2008.
These documents can be downloaded from LAMs website at www.lam.gov.my.

By Order of the Board Architects Malaysia,

(Ar. ZURAINA LEILY AWALLUDIN)


Registrar
20 November 2006

2 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur. Tel : 03-26982878 / 26967087 Fax : 03-26936881
E-mail : info@lamgov.my, Web: www.lam.gov.my

GENERAL CIRCULAR NO. 1/2007


GUIDELINES ON INVOLVEMENT IN OTHER
TRADES OR BUSINESSES

1. The Code of Professional Conduct for Professional Architects under the Second
Schedule (Part One) to the Architects Rules 1996 allows Professional Architects to
be involved in other trades or business subject to various conditions. Hence, the
following provisions -
A Professional Architect whilst practising his profession may also actively participate
in any of the following activities:-
(a) as a developer or a director or shareholder of a property development
company in which he is also appointed as the Consultant Architect;
(b) as a building contractor or a director and/or a shareholder of a building
contracting company where he has been appointed as the Consultant
Architect for the project;
(c) as a director or shareholder of a company manufacturing or acting as agents
for any building materials, components or systems associated with the
projects where he or his practice is appointed as the Consultant Architect;
(d) as a director or shareholder of a financial institution;
(e) as a director or shareholder of a project management company or valuation
company,
PROVIDED ALWAYS THAT
(i) prior to being in any position of conflict, he must declare in writing to his
clients and potential clients and other affected parties such as the financial
institutions and contractor of the project his interests and affiliations;
(ii) he must comply with the provisions of the Code of Professional Conduct for
Professional Architects under the Second Schedule (Part One) of the
Architects Rules 1996 whilst providing architectural consultancy services.
2. A Professional Architect involved in housing/commercial projects must include his
name in the sales brochures if he has interest in the development company.
3. Should there be any doubt as to the permissibility of their intentions, Professional
Architects are advised to seek a ruling from the Board of Architects Malaysia
4. General Circular No. 2/1982 is hereby repealed.

By Order of the Board of Architects Malaysia,

(Ar. ZURAINA LEILY AWALLUDIN)


Registrar

3 May 2007

2 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur, Tel : 03-26982878 / 26967087 Fax : 03-26936881
E-mel : info@lam.gov.my , Web : www.lam.gov.my

GENERAL CIRCULAR NO. 2/2007

GUIDELINES ON LETTER OF RELEASE

1. This General Circular replaces the current General Circular No. 1/1998 pertaining to the
above Guidelines.

2. A Professional Architect on being approached or instructed to proceed with professional


work for which he knows or can ascertain by making reasonable enquiries that another
Professional Architect has been engaged by the registered proprietor (Note 1) and/or his
bona-fide agent (Note 2) of the site or part of the site concerned to provide the full basic
services or any part thereof as provided in the Architects (Scale of Minimum Fees)
Rules 1986 shall, before proceeding with such work, communicate in writing with that
Professional Architect and obtain a letter of release from him or obtain such letter
through his prospective client, provided that this requirement may be waived at the
discretion of the Board.

(Note 1 : registered proprietor shall mean individuals, group of individuals, trustees, agencies,
statutory organisation, corporations or any other legal entities whose names and/or legal
identities are endorsed on the title of the land or any other instruments which provide legal
ownership to the land.)

(Note 2 : bona fide agent shall mean individuals, group of individuals, trustees, agencies, statutory
organisations, corporations or any other legal entities who have been empowered by the
registered proprietor to represent him in relation to the development of the land.)

3. The words "has been engaged" referred to in paragraph 2 above is as defined under
paragraph 7 of the Conditions of Engagement of a Professional Architect under the
Third Schedule (Part One) of the Architects Rules 1996 as follows :

7(1) A Professional Architect shall obtain the written agreement of the client in
respect of his remuneration for architectural consultancy services to be
provided by him pursuant to subparagraph 1(1) (Note 3) within sixty days from
the date the notification regarding such remuneration is duly served on the
client;

(2) Notwithstanding subparagraph (1) above, where the clients agreement in


writing is not obtained within the period as stipulated in subparagraph (1) but
the client agrees by his conduct to the conditions of engagement and the scale
of professional fees and charges, the client shall for the purposes of
subparagraph (1) be considered to have agreed to such conditions of
engagement and scale of professional fees and charges.

(Note 3 : Subparagraph 1(1) of the Conditions of Engagement of a Professional Architect


under the Third Schedule (Part One) of the Architects Rules 1996 stipulates the
following : -

1 - CD LAM -
"A Professional Architect who carries on business as an architectural consultancy
practice shall provide architectural consultancy services as described in the scope
of services incorporated in the Memorandum of Agreement between the
Professional Architect and the client).

4. Listed below are the circumstances when a Letter of Release is not required :

4.1 When a Professional Architect is approached by either the purchaser or lessee


of a building where a Certificate of Fitness for Occupation or Certificate of
Completion and Compliance has already been issued;

4.2 When the registered proprietor engages a Professional Architect for a mixed
development as the overall planner only and the development would be
implemented in phases where the registered proprietor wishes to engage other
Professional Architects for the various phases (Note 4);

(Note 4 : In this case the Professional Architect should clarify his appointment at the inception
to avoid disputes with the registered proprietor).

5. The Board may use its discretion to waive the requirement for a "Letter of Release".
Listed below are examples of circumstances under which the Board may exercise
such discretion :

5.1 When the first Professional Architect refuses to issue a Letter of Release after
his engagement has been terminated by the client and all outstanding fees
and disbursement settled in full;

5.2 When there is a dispute on the quantum of fees and disbursement payable to
the Professional Architect and such dispute has been submitted for
determination by mediation, arbitration or other means of dispute resolution.

The Board may, pursuant to paragraph (ea) of section 4(1) of the Architects
Act 1967, act as a stakeholder for fees in dispute to be deposited with it until
the award of the mediation, arbitration or any dispute resolution is made. The
Board shall determine the quantum of fees to be deposited based on the
documents submitted by both parties. Any benefits accrued from such deposit
shall be retained by the Board;

5.3 When the first Professional Architect has commenced legal proceedings for
the recovery of his fees or to contest the termination;

5.4 When the party who has commissioned the Professional Architect for a project
refuses the Professional Architect's claim for fees in the event of termination
and decided to proceed with legal action instead of mediation or arbitration
and counterclaim against the Professional Architect;

5.5 When a Professional Architect has been appointed to only provide advisory
services for the development of a site even when other Professional
Architects may also have been appointed to provide similar services;

2 - CD LAM -
5.6 When the party who has commissioned the Professional Architect for a project
has been declared insolvent by the court and placed under receivership (Note 5);

(Note 5 : This excludes projects that are completed under any form of rescue arrangements
as may be arranged with approval of Bank Negara for which a Letter of Release
will still be necessary).

5.7 When the Professional Architect has been engaged by the registered
proprietor to provide basic services and turnkey contractors are invited to
submit tenders for design and build including financing where several
Professional Architects were engaged by the respective tenderers provided
the first Professional Architects services have been terminated and his fees
fully paid;

5.8 When there is a change in ownership of the site or part of the site with a
transfer of liability to the new registered proprietor;

5.9 When a Professional Architect engaged on a project has either been


suspended or had his name removed from the Register of Professional
Architects by the Board for any reason whatsoever.

Provided always that the fees and other disbursement that are due to the
Professional Architect in respect of the project concerned, up to the time of his
suspension or the removal of his name from the Register of Professional
Architects, have been paid to the Professional Architect. In the event of a
dispute arising on either the quantum or validity of the Professional Architects
claim, the matter shall be submitted to the Board for determination by
mediation, arbitration or other means of dispute resolution;

5.10 When the Professional Architect has terminated his appointment with the
client after construction work on the project has already started, has notified
the approving authority and received the approving authoritys agreement to
his withdrawal as the submitting person;

5.11 When the Professional Architect dies or is incapacitated and his architectural
consultancy practice has no legal capacity to carry out his services and
responsibility.

6. The procedure that must be followed in meeting the requirements of these Guidelines
shall comprise the following steps: -

6.1 The Professional Architect shall be required to take the initiative to write to the
first Professional Architect to enquire if his services have been properly
terminated and all outstanding fees settled. If this has been completed, the
first Professional Architect shall be obliged to issue a Letter of Release to
enable the second Professional Architect to accept the commission;

6.2 The first Professional Architect, upon receipt of the enquiry from the second
Professional Architect, shall ensure that a reply be given promptly and in any
case within fourteen (14) days of the date of receipt of the second
Professional Architect's letter. The first Professional Architect shall not
unreasonably withhold the issuance of the letter of release;

3 - CD LAM -
6.3 In the event the first Professional Architect claims that there are outstanding
fees due to him, he must reply to the enquiry within fourteen (14) days of
receipt of the letter, which shall be sent either by registered post or recorded
delivery, and to advise the second Professional Architect on the position of his
claims;

6.4 Upon receiving the first Professional Architects reply, the second Professional
Architect must advise the client on the relevant provisions of the Code of
Professional Conduct and Conditions of Engagement as provided under the
Second and Third Schedules of the Architects Rules 1996 respectively;

6.5 In the event a reply is not received by the second Professional Architect within
the time limit provided in paragraph 6.3 above, the matter may be referred to
the Board who shall have the sole discretion of waiving the necessity for a
Letter of Release or stipulating conditions to be fulfilled prior to the waiver
being granted.

7. Ignorance of another Professional Architect's Involvement.

In circumstances where a Professional Architect, having accepted a commission in


good faith and without knowing before hand that another Professional Architect had
been involved in the project and when subsequently the involvement of another
Professional Architect was made known to him, shall take the following steps :-

(a) Immediately notify his client in writing of the situation and of his obligations
under these Guidelines,

(b) To comply with the procedure as stipulated under paragraph 6 above.

This General Circular shall come into effect on the date of this General Circular.

By Order of the Board of Architects Malaysia,

(Ar. Zuraina Leily Awalludin)


Registrar

21 May 2007.

4 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur, Tel : 03-26982878 / 26967087 Fax : 03-26936881
E-mel : info@lam.gov.my , Web : www.lam.gov.my

GENERAL CIRCULAR NO. 3/2007

AMENDMENTS TO THE ARCHITECTS ACT 1967

This General Circular is issued to inform all registered members that the Architects Act 1967
had recently been amended. The amendments had been gazetted and come into force on
1 April 2007.

Among the amendments are in respect of the following sections :-

1. Section 2 - Definition of registered Architect is amended to


Graduate Architect and definition of registered
Building Draughtsman is amended to Building
Draughtsman.

- Insertion of the definition of Interior Designer.

2. Section 7A - Increase of fine from RM10,000 to RM50,000 and


period of suspension of registration from one year to
two years which may be imposed by the Disciplinary
Committee on architectural consultancy practice for
disciplinary offence.

3. Section 15A - Insertion of false or negligent certification as a ground


for disciplinary action.

- Increase of fine from RM10,000 to RM50,000 and the


period of suspension of registration from one year to
two years which may be imposed by the Disciplinary
Committee on Professional Architects or Graduate
Architects.

4. Section 25 - Insertion of false or negligent certification as a ground


for disciplinary action.

- Increase of fine from RM5,000 to RM25,000 and


period of suspension of registration from one year to
two years which may be imposed on any Building
Draughtsman for disciplinary offence.

5. Sections - Insertion of a new Part VA on Special Provisions


27A - 27J relating to Interior Designers.

1 - CD LAM -
6. Section 34 - Increase of fine from RM5,000 to RM10,000 on any
person, sole proprietorship, partnership or body
corporate who contravenes the provisions of the Act
and its regulations where there is no penalty expressly
provided.

All Professional Architects, Graduate Architects and Building Draughtsmen are advised
to obtain a copy of the amended Architects Act 1967 which can be obtained from the
Boards office/website.

By Order of the Board of Architects Malaysia,

(Ar. Zuraina Leily Awalludin)


Registrar

21 May 2007.

2 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur, Tel : 03-26982878 / 26967087 Fax : 03-26936881
E-mel : info@lam.gov.my , Web : www.lam.gov.my

GENERAL CIRCULAR NO. 1/2008

CERTIFICATE OF COMPLETION AND COMPLIANCE

1. In April 2007 the Government had launched the improvement to the building delivery
system to enhance the competitiveness of Malaysia globally. This includes the
issuance of the Certificate of Completion and Compliance (CCC) by Professional
Architects and Professional Engineers as well as Building Draughtsmen registered
with the Board of Architects Malaysia (LAM) to replace the Certificate of Fitness for
Occupation (CFO) issued by the local authorities. This new system is an effort
towards self-certification and self-regulation approach in the construction industry.

2. LAM had organised a series of seminars on 26 September 2005, 19 December 2006


and the latest on 25 August 2007 to keep members informed of this new
development.

3. The salient features of this new system under CCC are as follows:

(i) Building plans are still required to be submitted to and approved by the local
authorities;

(ii) CFO by the local authorities will be replaced by the Certificate of Completion
and Compliance (CCC) by the Principal Submitting Persons (PSP) who is the
Professional Architect, Professional Engineer and Building Draughtsman who
submitted the building plans;

(iii) CCC can only be issued by the Principal Submitting Person (PSP) after the
following have been secured:

- all the certifications by the respective parties (professionals,


contractors and licensed tradesmen) based on the prescribed Form
Gs under the Matrix of Responsibility (Forms G1 G21); and

- clearances from the following authorities :


o Tenaga Nasional Berhad (TNB)
o Water Authority
o Sewerage Services Department (JPP)
o Fire and Rescue Department (except for residential
buildings of not more than 18 meters high)
o Department of Safety and Health (where applicable)
o Relevant authorities/Public Works on Roads and
Drainage.

1 - CD LAM -
(iv) The local authorities still maintain their rights and power to enter the site
during construction and issue an order to stop the issuance of CCC by the
PSP if the construction on site is found to have breached the approved
building plans and/or against the provision of UBBL or conditions of building
plans approval on health and safety issues until such time the fault is
corrected.

(v) The issuance of CCC is restricted to only technical issues concerning health,
safety and essential services. The non-technical issues such as bumiputra
quota, low cost provision and contribution for public facilities etc are outside
the purview of PSP and will have to be resolved between the Owner and the
Local Authorities at the planning and building plans approval stage or via
other mechanism.

(vi) There will be only CCC (Form F) and Partial CCC (Form F1). There will not
be any Temporary CCC similar to Temporary CF.

(vii) The issuance of CCC will only apply to projects in which building plans are
submitted after CCC came into force.

4. The following are the 21 FORM Gs included in the UBBL covering various scopes
of works: -

FORM G 1 Stage Certification : Earthworks


FORM G 2 Stage Certification : Setting Out
FORM G 3 Stage Certification : Foundations
FORM G 4 Stage Certification : Structural
FORM G 5 Stage Certification : Internal Water Plumbing
FORM G 6 Stage Certification : Internal Sanitary Plumbing
FORM G 7 Stage Certification : Internal Electrical
FORM G 8 Stage Certification : Fire-Fighting (Passive)
FORM G 9 Stage Certification : Fire-Fighting (Active)
FORM G 10 Stage Certification : Mechanical Ventilation
FORM G 11 Stage Certification : Lift/Escalator Installation
FORM G 12 Stage Certification : Building
FORM G 13 Stage Certification : External Water Supply System
FORM G 14 Stage Certification : Sewerage Reticulation
FORM G 15 Stage Certification : Sewerage Treatment Plant
FORM G 16 Stage Certification : External Electrical Supply System
FORM G 17 Stage Certification : Road and Drain
FORM G 18 Stage Certification : Street Lighting
FORM G 19 Stage Certification : External Main Drain
FORM G 20 Stage Certification : Telecommunication
FORM G 21 Stage Certification : Landscape

The G Forms can be downloaded from the following website:


- www.lam.gov.my
- www.pam.org.my

5. To facilitate initial implementation of CCC, it has been agreed with the Ministry of
Housing and Local Government that PSP shall notify the local authority through
OSC (in writing or using prescribed forms) after the Form G1-G3 are certified (ie,
after completion of earthwork, setting up and foundations)

2 - CD LAM -
6. In the issuance of CCC, all Professional Architects and Building Draughtsmen
registered with LAM are required to use the FORM F (Certificate of Completion and
Compliance) and FORM F1 (Partial Certificate of Completion and Compliance)
printed by LAM. Each Form F or F1 to be issued shall be in 4 copies as follows:

(i) Original copy to be addressed to the House Owner in respect of a singly built
detached house or to be addressed to the Developer in respect of other
buildings;

(ii) Second copy to be retained by the Principal Submitting Person;

(iii) Third copy to be sent to the relevant local authority;

(iv) Fourth copy to be sent to the Board of Architects Malaysia (LAM).

7. The Forms F and F1 referred to above can be purchased from LAMs office at a cost
of RM 5.00 per set excluding cost of postage.

8. The success of CCC will depend largely on the professionalism and integrity of
Professional Architects. As such, members shall be reminded on the trust and
confidence which have been placed on the professionals and we should ensure our
professionalism and integrity are upheld at all time.

9. Fraudulant and wrongful issuance of CCC is a very serious offence and there is no
reason for any professional to succumb to pressure by any party to flaunt the
independent certifying role that has been entrusted to the profession. The members
must carry out their duties with due care and diligence and together with the other
parties including fellow professionals and the registered contractors ensure that
CCC works for the good of all.

By Order of the Board of Architects Malaysia,

(Ar. ZURAINA LEILY AWALLUDIN)


Registrar

21 January 2008

3 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur, Tel: 03-26982878 / 26967087 Fax: 03-26936881\
E-Mel: info@lam.gov.my, web: www.lam.gov.my

GENERAL CIRCULAR NO. 3/2008

GUIDELINES ON THE THIRD SCHEDULE [CLAUSE 4(1)] OF THE STANDARD


SALE AND PURCHASE AGREEMENT FOR LAND AND BUILDING
[Schedule G of the Housing Development (Control and Licensing) Regulations 1989]

GUIDELINES ON THE THIRD SCHEDULE [CLAUSE 4(1)] OF THE STANDARD


SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING
[Schedule H of the Housing Development (Control and Licensing) Regulations 1989]

The Ministry of Housing and Local Government had, on 17 June 2008, gazetted the
Housing Development (Control and Licensing) (Amendment) Regulations 2008 which
shall be deemed to have come into operation on 1 December 2007. The recent
Regulation was gazetted to rectify the error in the previous Housing Development
(Control and Licensing) (Amendment) Regulations 2007.

Amongst the corrections made by the Ministry of Housing and Local Government were
the substitution of the word Building with the word Parcel under item 2(b) in the Third
Schedule of the Sale and Purchase Agreement under SCHEDULE H.

Following the aforesaid rectification, the Board have amended its Guidelines on the Third
Schedule[Clause 4(1)] of the Standard Sale and Purchase Agreement for Sub-divided
Building (SCHEDULE H).

In order to avoid confusion among members, the whole Guidelines are reissued for ease
of reference.

For any Sale and Purchase Agreement signed prior to 1 December 2007, General
Circular No. 4/2003 (Revised 2005) is still applicable.

All Professional Architects are advised to be familiar with and abide strictly to these
Guidelines before certifying works in respect of housing projects undertaken in West
Malaysia. In respect of housing projects in Sabah and Sarawak, works should be
undertaken in accordance with the relevant laws. In the absence of any specific
guidelines in respect of works in Sabah and Sarawak with regard to details of works that
must be completed, Professional Architects should refer to the attached Schedules.

This General Circular replaces the current General Circular No. 2/2008 pertaining to the
above Guidelines.

Thank you.

By Order of the Board of Architects Malaysia,

(Ar. ZURAINA LEILY AWALLUDIN)


Registrar

27 November 2008

2 - CD LAM -
SCHEDULE G
GUIDELINES ON THE THIRD SCHEDULE [CLAUSE 4 (1)] OF THE STANDARD SALE
AND PURCHASE AGREEMENT FOR LAND AND BUILDING

[SCHEDULE G OF THE HOUSING DEVELOPMENT


[CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2007]
Schedule of Payment of Description of Description of
Purchase Price under the Construction Work That Construction Work That
Third Schedule of the Must Be Completed Need Not be Completed
S & P Agreement For Certification For Certification
2(a) The foundation * All foundation works * Retaining wall if it is not
of the said Building below the lowest floor part of the foundation
level
(10%) * Backfilling
* Pilings and pilecaps
(if any) * Lowest floor slab if it is not
part of the foundation
* Raft slabs (if any)
* Ground beams
* Footings (if any)
* Services
* stumps (if any)

2(b) The structural * All primary structural * Non-structural ground floor


framework of the said elements above lowest slabs with or without BRC
Building floor level including:
* Wall stiffeners and lintols
(15%) - Beams
- Columns * Non structural or
- Suspended Slabs supporting R.C. works e.g.
- Roof beams hoods, aprons, gutters,
- Structural walls parapet
(if any)
* Staircase
* Retaining walls forming
part of the structural * R.C. walls (that do not
element to the Building form part of the structural
framework)
(if any)

2(c) The walls of the said * All non structural walls * Metal frames
Building with door
and window frames * All party walls inclusive of * Installation of door leaves,
placed in position wall stiffeners window (fixed or openable)
or louvres
* Timber door and window
(10%) frames where there are * Parapet walls, boundary
no subframes walls and fence walls

* All frameworks for dry * Closing up of temporary


partitioning excluding openings left in walls for
lining of partition construction purposes

* Timber door and window


frames where sub-frames
are provided

Gen. Circular 3/2008 - Land & Building - 2/16


27.11.2008 3 - CD LAM -
SCHEDULE G
GUIDELINES ON THE THIRD SCHEDULE [CLAUSE 4 (1)] OF THE STANDARD SALE
AND PURCHASE AGREEMENT FOR LAND AND BUILDING

[SCHEDULE G OF THE HOUSING DEVELOPMENT


[CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2007]
Schedule of Payment of Description of Description of
Purchase Price under the Construction Work That Construction Work That
Third Schedule of the Must Be Completed Need Not be Completed
S & P Agreement For Certification For Certification

2(d) The roofing, electrical * Roof framings, roof * Ceiling boards or panels
wiring, plumbing coverings and flashing
(without fittings), gas including car porches * Switch boxes, socket
piping (if any) and outlets, switches and
internal telephone * All gas pipings (if any) electrical fixtures and
trunking and cabling fittings (if any)
to the said Building * All internal telephone
trunkings and cablings * Sanitary fittings including
(10%) sinks, taps, basins, bath
* All electrical wirings tubs and shower heads

* All water pipings * Hot water heaters


including bends and
joints * Water tanks

* All sanitary pipings * Rain water downpipes and


including bends, joints gutters (if any)
and traps
* Window hoods

2(e) The internal and * All plasterings or skim * Closing up of temporary


external finishes of coatings where specified openings for construction
the said Building to all wall soffits of purposes
including the wall suspended slabs (if any),
finishes beams and columns * Door and window panels

(10%) * Wall tiles and other wall


finishes (if any)

* All linings/boards/panels
to framed partitions
and/or ceiling (if any)

* Floor screedings and/or


other floor finishes

* Painting to internal and


external walls, floors and
ceilings (if any)

Gen. Circular 3/2008 - Land & Building - 3/16


27.11.2008 4 - CD LAM -
SCHEDULE G
GUIDELINES ON THE THIRD SCHEDULE [CLAUSE 4 (1)] OF THE STANDARD SALE
AND PURCHASE AGREEMENT FOR LAND AND BUILDING

[SCHEDULE G OF THE HOUSING DEVELOPMENT


[CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2007]
Schedule of Payment of Description of Description of
Purchase Price under the Construction Work That Construction Work That
Third Schedule of the Must Be Completed Need Not be Completed
S & P Agreement For Certification For Certification

2(f) The sewerage works * Sewerage works * Testing and


serving the said including manholes from commissioning
Building the Building connected to
a completed sewerage * Water and electricity
(5%) treatment system connection
(The treatment system
may be permanent or Note :
temporary as approved Please refer to the
by the relevant authority) diagrams on Pages 14/16
and 15/16 for illustration.

2(g) The drains serving * Drains and main drains * Metal gratings and covers
the said Building connected to the outfall over drains
(The alignment of the
(5%) drains and the outfall may
be permanent or
temporary as approved
by the local authority)

2(h) The roads serving * Paved road leading to * Footpaths and roadside
the said Building the Building from an tables
existing road. The
(5%) alignment of the road * Final wearing course to
may be a permanent or pre-mixed roads
temporary access
approved by the local * Road markings and
authority. signages

* Permanent roads around


the Building

* Entrance culvert serving


the Building

* Kerbs (if any)

Gen. Circular 3/2008 - Land & Building - 4/16


27.11.2008 5 - CD LAM -
SCHEDULE G
GUIDELINES ON THE THIRD SCHEDULE [CLAUSE 4 (1)] OF THE STANDARD SALE
AND PURCHASE AGREEMENT FOR LAND AND BUILDING

[SCHEDULE G OF THE HOUSING DEVELOPMENT


[CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2007]
Schedule of Payment of Description of Description of
Purchase Price under the Construction Work That Construction Work That
Third Schedule of the Must Be Completed Need Not be Completed
S & P Agreement For Certification For Certification
(3) On the date the * All other works * Electrical, water,
Purchaser takes inclusive but not limited sanitary and other loose
vacant possession to all items not fittings and fixtures
of the said Building, completed in Stage 2(a)
with water and to 2(h). (Refer to Para 7 of
electricity supply Supplementary Notes)
ready for connection * External works including
fencings, gates and
(12.5%) turfing (if any) * Minor defects

* Electrical wirings, water * Electrical and water meters


and sanitary piping
services completed and
Professional Architect does ready to receive supply
not need to issue any
certificate for this Stage but * Water and electricity
before the Developer can supply available and
effect vacant possession, the ready for connection for
Certificate of Completion and tapping into the said
Compliance shall have been building
issued by the Professional
Architect as the Principal * The TNB sub-station
Submitting Person should be energised or
alternative electricity
supply by TNB is
provided.

* All external electrical


cablings from sub-station
to the unit must be
completed with supply.

* Sewerage treatment plant


shall be serviceable

* Water reservoir (if


applicable) is operational

* Closing up of temporary
openings for construction
purposes.

Gen. Circular 3/2008 - Land & Building - 5/16


27.11.2008 6 - CD LAM -
SCHEDULE G

GUIDELINES ON THE THIRD SCHEDULE [CLAUSE 4 (1)] OF THE STANDARD


SALE AND PURCHASE AGREEMENT FOR LAND AND BUILDING

[SCHEDULE G OF THE HOUSING DEVELOPMENT


(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2007]

SUPPLEMENTARY NOTES

1.0 Certification of stage completion by the Professional Architect is required in the


Standard Sale & Purchase Agreement (SPA) specified under the Housing
Development (Control & Licensing) (Amendment) Regulations 2007 to enable the
Developer to request payment from the Purchaser. The stages of completion are
set out in the Third Schedule of the SPA.

2.0 These guidelines define as comprehensively as possible the work that must be
completed at each stage before certification. They also clarify the work items that
need not be completed for reasons of construction sequence, practicality etc.
However, the work items deferred would need to be completed at a later stage,
depending on the logic of construction. For example, in Stage 3 all temporary
openings for construction purposes must now be completed.

3.0 For all constructional systems other than the conventional framework, the
developer should refer to the Controller of the Ministry of Housing and Local
Government for modification [Refer to Clause 11(3) of the Housing Development
(Control and Licensing) Regulations 1989].

4.0 Professional Architects are recommended to observe the following before


commencement of construction work:

4.1 Request for a copy of the Sale & Purchase Agreement including all
schedules as specified in the S & P Agreement of each housing type to be
sold in the development for which certification is required.

4.2 Check the details specified in the Sales Brochure approved by the Ministry
of Housing & Local Government to ensure they correspond to the
specifications in the building contract. The check list should include the
approved layout plans, the building plans and the specifications of the
houses. These details must also conform to those specified in the Fourth
Schedule.

4.3 Check that the above corresponds to the approved Building Plan which is
cited in the preamble of this S & P Agreement.

4.4 Request the Developer to advise on any deviations in the Sale & Purchase
Agreement from the Standard Sale & Purchase Agreement and also of
any special conditions imposed by the Ministry of Housing on the
development.

4.5 Establish with the Developer the time frame for certification, to be on a
monthly basis or fortnightly basis or when requested by the Developer.

4.6 Establish the quantum of units to be certified, to be block by block or unit


by unit. It will be very time consuming for the Professional Architect to be
certifying on a unit by unit basis and it is recommended that there be a set
minimum number of units for each certification.

Gen. Circular 3/2008 - Land & Building - 6/16


27.11.2008 7 - CD LAM -
SCHEDULE G
5.0 Inspections must be carried out before certification.

6.0 The Professional Architect shall request the Engineer for the project to confirm in
writing his concurrence with the satisfactory completion of Stages 2(a), 2(b), 2(d)
where applicable, 2(f), 2(g) and 2(h) before he certifies.

For stage 2(b), it is prudent for the Professional Architect to wait until the side
formworks are removed to visually ensure that there are no major
honeycomb/defects on the structure before certification.

For stage 2(c), the Professional Architect shall ensure that the openings are
properly formed to receive the metal frames and completed with lintols (where
applicable) before this is certified.

For stage 2(f), there may be instances where there is no sewerage treatment
plant and the sewerage works from the scheme is connected to an existing public
main as approved by the relevant authority.

7.0 In view of the rampant vandalism and theft of loose fittings experienced in most
of the sites, at Stage 3, should the developer desire for the electrical, water,
sanitary fittings and fixtures to be deferred until the purchaser moves in to
minimise theft and vandalism, these items need not be fitted subject to the
following :-

(a) Prior consent from the purchasers to be secured by the developer.


However, in the event prior consent from the purchasers are not secured,
an undertaking letter from the developer to hand over these loose
fittings/fixtures to the purchasers and to install them as per purchasers
request shall be secured prior to certification.

(b) The list of deferred items shall be stipulated clearly in the vendors notice
requesting the purchaser to take possession of the said property.

(c) The deferred items shall only include loose fittings/fixtures such as w.c.
seat cover, tap fittings, shower rose, manhole cover, m.s. gratings, ELCB
fuse switches, which can be easily removed. Items such as w.c, basins,
sink, switch and power sockets are not considered as loose
fittings/fixtures.

(d) All these loose fittings/fixtures are already available at the site before
certification.

Gen. Circular 3/2008 - Land & Building - 7/16


27.11.2008 8 - CD LAM -
SCHEDULE H
GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD
SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT


(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2007]

Schedule of Payment of Description of Construction Description of Construction


Purchase Price under the Work That Must Be Work That Need Not be
Third Schedule of the S & P Completed For Certification Completed For Certification
Agreement

2(a) The work below ground * All foundation works below * Retaining walls if it is not
level of the said the lowest floor level part of the foundation
Building comprising the
said Parcel including - Piling and pilecaps * Backfilling
foundation of the said (if any)
Building * Lowest floor slab if it is
- Raft slabs (if any) not part of the foundation
(10%)
- Footings (if any) * Ground beams

- stumps (if any) * Services

where applicable of the said


building comprising the said
Parcel.

2(b) The structural * All primary structural * Non-structural ground floor


framework and floor elements above lowest floor slabs with or without BRC
slab of the said Parcel level including:
* Wall stiffeners and lintols
(15%) - Beams
- Columns * Non- structural or
- Suspended Slabs supporting R.C. works e.g.
- Structural walls hoods, aprons, gutters,
(if any) parapet

where applicable of the said * Staircases including that in


Parcel. the common area

* Retaining walls forming part * R.C. walls (that do not form


of the structural element to part of the structural
the Parcel (if any) framework)

Gen. Circular 3/2008 - Sub-Divided Building - 8/16


27.11.2008

9 - CD LAM -
SCHEDULE H
GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD
SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT


(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2007]

Schedule of Payment of Description of Construction Description of Construction


Purchase Price under the Work That Must Be Work That Need Not be
Third Schedule of the S & P Completed For Certification Completed For Certification
Agreement
2(c) The walls of the said * All non-structural walls * Metal frames
Parcel with door and within the said Parcel
window frames placed * Installation of door leaves,
in position * All party walls inclusive of windows (fixed or openable)
wall stiffeners or louvres
(10%)
* Timber door and window * Parapet walls, boundary
frames where there are no walls and fence walls
subframes
* Closing up of temporary
* All frameworks for dry openings left in walls for
partitioning excluding lining constructional purposes
of partition
* Timber door and window
frames where sub-frames
are provided

2(d) The roofing, electrical * Roof framings, roof * Ceiling boards or panels
wiring, plumbing coverings and flashings to
(without fittings), gas the said Parcel (if any) * Switch boxes, socket
piping outlets, switches and
(if any) and internal * Bare soffits of the floor slab electrical fixtures and
telephone trunking and to the Parcel above fittings (if any)
cabling to the said
Parcel * All electrical wirings within * Sanitary fittings including
the said Parcel sinks, taps, basins, bath
(10%) tubs and shower heads
* All water pipings including
bends and joints within the * Hot water heaters
said Parcel
* Water tanks
* All sanitary pipings
including bends, joint and * Rain water downpipes and
traps within the said Parcel gutters

* Gas pipings (if any) * Window hoods


including joints and valves
within the said Parcel

* Telephone trunkings (if any)


and cablings (if any) within
the said Parcel

Gen. Circular 3/2008 - Sub-Divided Building - 9/16


27.11.2008

10 - CD LAM -
SCHEDULE H
GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD
SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT


(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2007]

Schedule of Payment of Description of Construction Description of Construction


Purchase Price under the Work That Must Be Work That Need Not be
Third Schedule of the S & P Completed For Certification Completed For Certification
Agreement
2(e) The internal and * All plastering or skim * Closing up of temporary
external finishes of the coating where specified to openings for construction
said Parcel including all walls soffits of purposes
the wall finishes suspended slabs (if any),
beams and columns * Door and window panels
(10%)
* Wall tiles and other wall
finishes (if any)

* All linings/boards/panels to
framed partitions and/or
ceiling (if any)

* Floor screeding and/or


other floor finishes

* Painting to internal and


external walls, floors and
ceiling (if any)

2(f) The sewerage works * Sewerage works including * Testing and commissioning
serving the said manholes from the Building
Building containing the said Parcel * Water and electricity
connected to a completed connection
(5%) sewerage treatment system
(The treatment system may Note :
be permanent or temporary Please refer to the
as approved by the relevant diagrams on Pages 16/16
authority) for illustration.

2(g) The drains serving * Drains and main drains * Metal gratings and covers
the said Building connected to the outfall over drains
(The alignment of the
(5%) drains and the outfall may
be permanent or temporary
as approved by the local
authority)

2(h) The roads serving * Paved road leading to the * Footpaths and roadside
the said Building Building containing the said tables
Parcel from an existing
(5%) road. * Final wearing course to
The alignment of the road pre-mixed roads
may be a permanent or
temporary access approved * Road markings and
by the local authority. signages

Gen. Circular 3/2008 - Sub-Divided Building - 10/16


27.11.2008

11 - CD LAM -
SCHEDULE H
GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD
SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT


(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2007]

Schedule of Payment of Description of Construction Description of Construction


Purchase Price under the Work That Must Be Work That Need Not be
Third Schedule of the S & P Completed For Certification Completed For Certification
Agreement
* Permanent roads around
the Building containing the
said Parcel

* Entrance culverts serving


the Building

* Kerbs (if any)

(3) On the date the * All other works inclusive but * Electrical, water,
Purchaser takes vacant not limited to all items not sanitary and other loose
possession of the said completed in Stage 2(a) to fittings and fixtures
Parcel with water and 2(h).
electricity supply ready (Refer to Para 8 of
for connection * External works including Supplementary Notes)
fencings, gates and turfing
(12.5%) (if any) * Minor defects

* Electrical wirings, water * Electrical and water meters


and sanitary piping services
Professional Architect does not completed and ready to
need to issue any certificate for receive supply
this Stage but before the
Developer can effect vacant * Water and electricity supply
possession, the Certificate of available and ready for
Completion and Compliance connection for tapping into
shall have been issued by the the said Parcel
Professional Architect as the
Principal Submitting Person * The TNB sub-station should
be energised or alternative
electricity supply by TNB is
provided.

* All external electrical


cablings from sub-station to
the unit must be completed
with supply

* Sewerage treatment plant


shall be serviceable

* Water reservoir (if


applicable) is operational

* Closing up of temporary
openings for construction
purposes.
Gen. Circular 3/2008 - Sub-Divided Building - 11/16
27.11.2008

12 - CD LAM -
SCHEDULE H

GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD


SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT


(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2007]

SUPPLEMENTARY NOTES

1.0 Certification of stage completion by the Professional Architect is required in the Standard
Sale & Purchase Agreement (SPA) specified under the Housing Development (Control &
Licensing) (Amendment) Regulations 2007 to enable the Developer to request payment
from the Purchaser. The stages of completion are set out in the Third Schedule of the SPA.

2.0 These guidelines set to define as comprehensively as possible the work that must be
completed at each stage before certification. They also clarify the work items that need not
be completed for reasons of construction sequence, practicality etc. However, the work
items deferred would need to be completed at a later stage, depending on the logic of
construction. For example, in Stage 3 all temporary openings for construction purposes must
now be completed.

3.0 For all constructional systems other than the conventional framework, the developer should
refer to the Controller of the Ministry of Housing and Local Government for modification
[Refer to Clause 11(3) of the Housing Development (Control and Licensing) Regulations
1989].

4.0 Building refers to the structure (containing the said Parcel) which has been approved by
the local authority referred to in the preamble of the S & P Agreement and is capable of
obtaining a certificate of occupation (Final or Temporary) from the approving authority upon
its completion.

5.0 Professional Architects are recommended to observe the following before commencement
of construction work :

5.1 Request for a copy of the Sale & Purchase Agreement including all schedules as
specified in the S & P Agreement of each housing type to be sold in the development
for which certification is required.

5.2 Check the details specified in the Sales Brochure approved by the Ministry of Housing
& Local Government to ensure they correspond to the specifications in the building
contract. The check list shall include the approved layout plans, the building plans and
the specifications of the houses. These details must also conform to those specified in
the Fourth Schedule.

5.3 Check that the above corresponds to the approved Building Plan which is cited in the
preamble of the S & P Agreement.

5.4 Request the Developer to advise on any deviations in the Sale & Purchase Agreement
from the Standard Sale & Purchase Agreement and also of any special conditions
imposed by the Ministry of Housing on the development.

5.5 Establish with the Developer the time frame for certification, to be on a monthly basis
or fortnightly basis or when requested by the Developer.
Gen. Circular 3/2008 - Sub-Divided Building - 12/16
27.11.2008

13 - CD LAM -
SCHEDULE H
5.6 Establish the quantum of units to be certified, to be block by block, floor by floor or
parcel by parcel. It will be very time consuming for the Professional Architect to be
certifying on a parcel by parcel basis and it is recommended that there be a set
minimum number of parcels for each certification.

6.0 Inspections must be carried out before certification.

7.0 The Professional Architect shall request the Engineer for the project to confirm in writing his
concurrence with the satisfactory completion of Stages 2(a), 2(b), 2(d) where applicable,
2(f), 2(g) and 2(h) before he certifies.

For stage 2(b), it is prudent for the Professional Architect to wait until the side formworks are
removed to visually ensure that there are no major honeycomb/defects on the structure
before certification.

For stage 2(c), the Professional Architect shall ensure that the openings are properly formed
to received the metal frames and completed with lintols (where applicable) before this is
certified.

For stage 2(f), there may be instances where there is no sewerage treatment plant and the
sewerage works from the scheme is connected to an existing public main as approved by
the relevant authority.

8.0 In view of the rampant vandalism and theft of loose fittings experienced in most of the sites,
at Stage 3, should the developer desire for the electrical, water, sanitary fittings and fixtures
to be deferred until the purchaser moves in to minimise theft and vandalism, these items
need not be fitted subject to the following :-

(a) Prior consent from the purchasers to be secured by the developer. However, in the
event prior consent from the purchasers are not secured, an undertaking letter from
the developer to hand over these loose fittings/fixtures to the purchasers and to
install them as per purchasers request shall be secured prior to certification.

(b) The list of deferred items shall be stipulated clearly in the vendors notice requesting
the purchaser to take possession of the said property.

(c) The deferred items shall only include loose fittings/fixtures such as w.c. seat cover,
tap fittings, shower rose, manhole cover, m.s. gratings, ELCB fuse switches, which
can be easily removed. Items such as w.c, basins, sink, switch and power sockets
are not considered as loose fittings/fixtures.

(d) All these loose fittings/fixtures are already available at the site before certification.

Gen. Circular 3/2008 - Sub-Divided Building - 13/16


27.11.2008

14 - CD LAM -
15 - CD LAM -
16 - CD LAM -
17 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur, Tel : 03-26982878 / 26967087 Fax : 03-26936881
E-mel : info@lam.gov.my , Web : www.lam.gov.my

GENERAL CIRCULAR NO. 2/2009


USE OF STANDARD RUBBER STAMP
BY PROFESSIONAL ARCHITECTS

1. The Board of Architects Malaysia (LAM) has decided that all Professional Architects
shall use a standard rubber stamp specified by LAM for purpose of standardization.
The standard rubber stamp as shown below shall incorporate the following information
and specification :
LAMs logo;
the words Arkitek Profesional;
name of Professional Architect as per registration with LAM;
LAMs Registration No .

30 mm ( signature )
.......
Dato Ar. Nur Haizi bt. Abdul Hai
Arial 9
ARKITEK PROFESIONAL Arial 10 Bold
No Pendaftaran LAM : A/N 49
Arial 9

20 mm

2. All Professional Architects are required to make their own standard rubber stamp as
specified above without modification. Only titles bestowed upon them such as Dato,
Dr., Prof are allowed. Academic qualifications such as B. Arch etc. shall not be
included .

3. The standard rubber stamp shall be used on all practice matters including dealings with
LAM and local authorities and is also allowed to be printed on the title block for building
plans .

4. The usage of the standard rubber stamp shall be under your full control and
responsibility and shall be fully enforced effective from 1st January 2010 .

Thank you.

By Order of the Board of Architects Malaysia,

........................................................
(Ar. ZURAINA LEILY AWALLUDIN)
Registrar
2 - CD LAM -
10 November 2009
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur
Tel : 03-26982878 / 26967087 Fax : 03-26936881
E-mel : info@lam.gov.my Web : www.lam.gov.my

GENERAL CIRCULAR NO. 2/2010


GUIDELINES ON ISSUANCE OF FORM F1
(PARTIAL CERTIFICATE OF COMPLETION AND COMPLIANCE)

1. This General Circular is issued to provide guidance to Professional Architects


on the issuance of Form F1 i.e. the Partial Certificate of Completion and
Compliance.

2. By-Law 25+ of the Uniform Building By-Laws 1984 (amendment 2007)


stipulates the following:

(1) The principal submitting person may issue a partial certificate


of completion and compliance in Form F1 as set out in the Second
Schedule in respect of any part of a building partially completed
subject to any condition imposed by the local authority which it deems
necessary for reasons of public health and safety :

Provided that no such certificate shall be issued unless all the


essential services including access roads, landscape, car
parks, drains, sanitary, water and electricity installation, fire
hydrant, sewerage and refuse disposal requirements and, fire
lifts where required, serving the partially completed portion of
the building have been provided.

(2) A partial certificate of completion and compliance once issued


shall remain effective until the whole of the building is completed and
a certificate of completion and compliance is issued in pursuance of
by-law 23+.
+
Note: The Clause varies according to the relevant by-laws gazetted by each state.

3. Form F1 is meant to cater for a building that requires any part/s of the
development to be completed ahead of the rest. An example would be a
complex such as shopping mall with residential or commercial towers above.
Therefore, terrace houses completed in different phases do not fall
under this category.

4. The part of the building to be completed must be demarcated clearly in the


building plans submitted and approved by the local authority. The Form F1 is
issued in relation to the part/s as approved. In instances where the original
building plans are approved as a whole without indicating partial completion
1 - CD LAM -
and the developer then decides to do so subsequent to the approved building
plans, the Professional Architect has to obtain written consent to complete the
development in section/s.

5. The local authority may impose additional requirements such as additional


protection and hoardings for the section/s concerned and also establish
requirements concerning common infrastructure etc. in their consent. Form F1
can therefore only be issued for planned section/s in the manner that has been
permitted by the local authority. It is not up to the Principal Submitting
Persons discretion to decide as and when he wishes to issue Form F1. Form
F shall be issued for the whole building once all the parts are completed.

6. Form F1 is not meant to cater for development involving distinct


separate/independent buildings such as terrace houses that are to be
developed in phases etc. For example, for terrace houses involving 100 units
which have been approved under one submission, Form F1 cannot be issued
for 30 units which are completed ahead of the rest.

In the event the developer decides to build certain number of units only due to
market demand, consent from the local authority is also required to demarcate
the phases concerned and to confirm the related infrastructure required to be
completed to serve the respective phases. Form F and not Form F1 can then
be issued for each of these phases when completed as they are distinctly
independent.

7. When issuing the Form F1, the Professional Architects who are Principal
Submitting Persons are required to ensure a copy of the Form F1 together
with Forms G1 to G21 and the necessary clearance letters are sent to the
Local Authorities and to LAM within 14 days from the date of issuance.

8. All Professional Architects are required to comply with the above requirement
and the breach will constitute serious offence under the law.

Thank you.

By Order of the Board of Architects Malaysia,

(Ar. ZURAINA LEILY AWALLUDIN)


Registrar

15 April 2010

2 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur
Tel : 03-26982878 / 26967087 Fax : 03-26936881
E-mel : info@lam.gov.my Web : www.lam.gov.my

GENERAL CIRCULAR NO. 3/2010

GUIDELINES ON BRANCH OFFICE AND ASSOCIATED PRACTICE

Paragraph 2(2) of the Code of Professional Conduct for Professional Architects


under Second Schedule to the Architects Rules 1996 stipulates the following :

A Professional Architect shall not establish a branch office unless it is


operated in accordance with the guidelines or circulars issued by the
Board.

Pursuant to the above provision, the Board of Architects Malaysia stipulates the
following guidelines :

1. An architectural consultancy practice is allowed to establish another


office in the following manner: -

1.1 branch office - an office run by a Professional


Architect which accepts new jobs and
is an extension of the main office in a
different geographical location.

1.2 associated practice - an extension of the main office in


another existing practice.

2. Setting up of Branch Offices

2.1 An architectural consultancy practice is allowed to establish


branch offices subject to the following:

(i) the branch office shall be managed full time by a


Professional Architect registered with the Board of
Architects Malaysia;

(ii) in the case of a multi-disciplinary practice, the branch office


shall be managed full time by either a Professional Architect,
a Professional Engineer or a registered Quantity Surveyor.

2.2 Whenever an architectural consultancy practice wishes to


establish a branch office, the following requirements must be
complied with:-

1 - CD LAM -
(i) obtain the Boards prior written approval;

(ii) submit particulars of the Professional Architect,


Professional Engineer or registered Quantity Surveyor in-
charge of the branch office, as the case may be;

(iii) ensure that every branch office is under the continuous


control of the Professional Architect, Professional Engineer
or registered Quantity Surveyor, as the case may be.

3. Setting up of Associated Practice

3.1 The procedure of setting up an associated practice shall comply


with the following:-

(i) inform the Board of the association;

(ii) submit the Memorandum of Understanding / Agreement for


the association or any other instrument of associationship.

4. General

4.1 All letterheads of the architectural consultancy practice shall list


the names of the sole proprietor, partners or directors with their
respective qualifications and designation.

4.2 A project site office shall not be construed as a branch office.

5. The above requirements shall come into immediate effect for all new
offices.

6. For existing offices, the above requirements must be complied with by


1 November 2010.

7. This General Circular replaces General Circular No. 5/1985 dated


10 December 1985.

By Order of the Board of Architects Malaysia,

(Ar. ZURAINA LEILY AWALLUDIN)


Registrar

15 April 2010

2 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur, Tel : 03-26982878 / 26967087 Fax : 03-26936881
E-mel : info@lam.gov.my , Web : www.lam.gov.my

GENERAL CIRCULAR NO. 4/2010

ARCHITECTS (SCALE OF MINIMUM FEES) RULES 2010

1. This Circular is issued to inform all Professional Architects and Graduate Architects that
the Hon. Minister of Works had approved the Architects (Scale of Mininum Fees) Rules
2010 which had been gazetted to come into force from 1st March 2010.

2. With this enforcement, it is mandatory for all Professional Architects to use the above
document in their dealings with the clients on private sector projects. There are separate
sets of documents including the Scale of Fees being used by the Federal Treasury for
Government projects.

3. The Architects (Scale of Minimum Fees) Rules 2010 may be obtained from the Boards
office at RM 18.00 per set.

Thank you.

By order of the Board of Architects Malaysia,

( Ar. ZURAINA LEILY AWALLUDIN )


Registrar

10 May 2010

c.c All LAM Board Members


Pertubuhan Akitek Malaysia

1 - CD LAM -
Note :
Architects (Scale of Minimum Fees) Rules 2010 - RM 18.00
Memorandum of Agreement Between the Client and
the Professional Architect for Architectural Consultancy Services - RM 2.00
Postal Delivery - RM 5.00

Payment by online payment or cheque for Lembaga Arkitek Malaysia.

Nota :
Architects (Scale of Minimum Fees) Rules 2010 - RM 18.00
Memorandum of Agreement Between the Client and the
Professional Architect for Architectural Consultancy Services - RM 2.00
Bayaran penghantaran melalui pos - RM 5.00

Bayaran melalui online atau cek kepada Lembaga Arkitek Malaysia.

3 - CD LAM -
LEMBAGA ARKITEK MALAYSIA
Tingkat 17, Blok F, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur
Tel : 03-26982878 / 03-26967087 Fax : 03-26936881
E-mel : info@lam.gov.my Web : www.lam.gov.my

GENERAL CIRCULAR NO. 1/2011

ARCHITECTS (AMENDMENT) RULES 2011

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This General Circular is issued to inform all registered members that the
Architects (Amendment) Rules 2011 had been gazetted to come into force on

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1 June 2011.

The main amendments include the following :-

1. Rule 22

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- (3) Every Interior Designer desirous of renewing
his registration under subsection 27C(4) of the Act
shall apply to the Board in writing on or before
31 January of the year following the year of
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expiration of his registration, and such application
shall be accompanied with the renewal fee as
prescribed in Part Two of the First Schedule.
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2. Rule 24 - (1B) Any Interior Designer whose name has been


removed from the Register pursuant to paragraph
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27H(b) of the Act for failure to renew his


registration shall within five years of such removal,
when notifying the Registrar of his desire to be
reinstated pursuant to subsection 27I(2) of the Act,
in writing state the particulars of his employment or
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occupation as on the date of his notification to the


Registrar.
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3. Rule 28 - (4) An Interior Designer shall in the exercise of


his profession, observe and be guided by the
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provisions of the Code of Conduct for Interior


Designer, in Part Three of the Second Schedule.

4. Rule 29 - (3) Except with the prior approval of the Board


given for special reasons, an Interior Designer
shall only enter into an agreement for his services
according to the Conditions of Engagement in Part
Three of the Third Schedule and the Memorandum
of Agreement on Part Two of the Fourth
Schedule.

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