Architects Act 1991

• Jurisdiction: Singapore
• Coming into Force: 01 July 2000
• Act Number: (Original Enactment: Act 22 of 1991)
• Enactment Date: 30 August 1991
• Record Number: Cap. 12
• Published date: 01 July 2000

Architects Act

(CHAPTER 12)

(Original Enactment: Act 22 of 1991)

REVISED EDITION 2000

(1st July 2000)

An Act to establish the Board of Architects, to provide for the registration of architects, to regulate the qualifications and practice of architects and the supply of architectural services in Singapore by corporations, partnerships and limited liability partnerships. [28/2005 wef 01/12/2005]

[30th August 1991]

PART I PRELIMINARY Short title 1. This Act may be cited as the Architects Act. Interpretation 2. In this Act, unless the context otherwise requires — “allied professional” means — (a) a professional engineer who is registered under the Professional Engineers Act (Cap. 253); or (b) a land surveyor who is registered under the Land Surveyors Act (Cap. 156); “architectural firm” means — (a) a partnership comprising wholly of registered architects, each of whom has in force a practising certificate; or (b) a sole-proprietorship comprising a registered architect who has in force a practising certificate; [Act 20 of 2017 wef 06/10/2017] “architectural practice” means — (a) an architectural firm; (b) a limited corporation licensed under section 20(1); (c) an unlimited corporation licensed under section 20(2); (d) a partnership licensed under section 20(3); or (e) a limited liability partnership licensed under section 20(4); [Act 20 of 2017 wef 06/10/2017] “architectural services” includes selling or supplying for gain or reward any architectural plan, drawing, tracing or the like for use in the construction, enlargement or alteration of any building or part thereof; “Board” means the Board of Architects established under section 4; “builder”, “building” and “building works” have the same meanings as in the Building Control Act (Cap. 29); [18/2003 wef 01/01/2004] “building authority” means any person empowered under the provisions of the Building Control Act to approve plans of building works; [28/2005 wef 01/12/2005] “certificate of registration” means the certificate of registration issued under section 17; “Commissioner of Building Control” means any person empowered under the provisions of the Building Control Act (Cap. 29) to approve plans of building works; “Disciplinary Committee” means a Disciplinary Committee appointed under section 31C; [28/2005 wef 01/12/2005] “foreign architect” means any person who is authorised to practise as an architect in a country or territory outside Singapore under the law of that country or territory; [Act 20 of 2017 wef 06/10/2017] “foreign registration authority”, for any country or territory outside Singapore, means the person in that country or territory having the function conferred by the laws of that country or territory of registering persons in connection with the persons carrying on the practice of architecture in that country or territory; [Act 20 of 2017 wef 06/10/2017] “Investigation Committee” means an Investigation Committee appointed under section 30; [28/2005 wef 01/12/2005] “Investigation Panel” means the Investigation Panel appointed under section 27; [28/2005 wef 01/12/2005] “licence” means a licence to supply architectural services in Singapore granted under section 20; “licensed”, in relation to a corporation, partnership or limited liability partnership, means a corporation, partnership or limited liability partnership which has in force a licence; [28/2005 wef 01/12/2005] “limited liability partnership” has the same meaning given to it by section 4(1) of the Limited Liability Partnerships Act 2005 (Act 5 of 2005); [28/2005 wef 01/12/2005] “limited partnership” means a limited partnership registered under the Limited Partnerships Act (Cap. 163B); [Act 20 of 2017 wef 06/10/2017] “manager” — (a) in relation to a corporation or partnership, means the principal executive officer of the corporation or partnership for the time being by whatever name called and whether or not he is a director or partner thereof; and (b) in relation to a limited liability partnership, has the same meaning as in section 2(1) of the Limited Liability Partnerships Act 2005; [28/2005 wef 01/12/2005] “nominee”, in relation to any person, means a person who is accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of the first-mentioned person, except that a person shall not be regarded as a nominee of another person by reason only that he acts on advice given by that other person in a professional capacity; “participating jurisdiction” means any country or territory outside Singapore in relation to which an arrangement under section 6A(2) is in force; [Act 20 of 2017 wef 06/10/2017] “partnership” includes a limited partnership; [Act 20 of 2017 wef 06/10/2017] “practising certificate” — (a) in relation to a registered architect, means an annual certificate issued under section 18 authorising him to engage in the practice of architecture in Singapore; (b) in relation to an allied professional who is a professional engineer registered under the Professional Engineers Act (Cap. 253), means a practising certificate issued under section 18 of that Act; and (c) in relation to an allied professional who is a land surveyor registered under the Land Surveyors Act (Cap. 156), means a practising certificate issued under section 15 of that Act; [28/2005 wef 01/12/2005] “President” means the President of the Board; [28/2005 wef 01/12/2005] “register of architects” means the register of architects kept and maintained by the Board under section 8(1)(a); [Act 20 of 2017 wef 06/10/2017] “register of licensees” means the annual register of licensed corporations, partnerships and limited liability partnerships kept by the Board under section 8(1)(e); [28/2005 wef 01/12/2005] [Act 20 of 2017 wef 06/10/2017] “register of practitioners” means the annual register of practitioners kept by the Board under section 8(1)(d); [Act 20 of 2017 wef 06/10/2017] “registered architect” means a person registered as an architect under section 15(1) or (2A); [Act 20 of 2017 wef 06/10/2017] “Registrar” means the Registrar of the Board, and includes any individual acting in that capacity; [Act 5 of 2018 wef 01/04/2018] “rules” means rules made by the Board under section 38; “unlimited corporation” means a corporation formed on the principle of having no limit placed on the liability of its members. Act not to apply to Government, naval and landscape architects, etc. 3.—(1) Nothing in this Act shall apply to anything done or omitted to be done by the Government or a public officer under the authority of the Government. (2) This Act shall not apply to naval architects and landscape architects. (3) This Act shall not be construed as requiring any public authority which supplies architectural services in Singapore under the provisions of any written law to obtain a licence. (4) In subsection (3), “public authority” means any body established by or under any written law and exercising powers vested therein by written law for a public purpose.

PART II BOARD OF ARCHITECTS Establishment of Board of Architects 4. There shall be established in Singapore a body to be called the Board of Architects which shall be a body corporate with perpetual succession and a common seal, with power, subject to the provisions of this Act — (a) to sue and be sued in its corporate name; (b) to acquire and dispose of property, both movable and immovable; and (c) to do and perform such other acts as bodies corporate may by law perform. Constitution of Board 4A.—(1) The Board shall consist of the following members: (a) the Commissioner of Building Control; (b) the President of the Singapore Institute of Architects; (c) not more than 6 registered architects who have in force a practising certificate — (i) to be elected by registered architects who have in force a practising certificate; or (ii) failing such election, to be appointed by the Minister under subsection (2); (d) 6 registered architects to be appointed by the Minister; and (e) a registered professional engineer to be appointed by the Minister on the nomination of the Professional Engineers Board. (2) If elections held for the purposes of subsection (1)(c) result in less than 6 persons being elected as members of the Board thereunder, the Minister may appoint such number, as he thinks fit, of registered architects who have in force a practising certificate to be members of the Board, except that the number of members so appointed and the number of members elected under subsection (1)(c) shall not exceed 6 in the aggregate. (3) The members elected under subsection (1)(c) shall hold office for a term not exceeding 3 years and shall be eligible for re-election. [Act 20 of 2017 wef 06/10/2017] (3A) However, a person is ineligible for re-election to office as a member under subsection (1)(c) if the re-election would result in the person holding office as a member for 3 consecutive terms. [Act 20 of 2017 wef 06/10/2017] (4) Only registered architects of at least 10 years’ standing may be elected under subsection (1)(c) or appointed under subsection (2) as members of the Board. (5) The members appointed under subsection (1)(d) or (e) or (2) shall hold office for a term not exceeding 3 years and shall be eligible for re-appointment. (6) The Minister may, at any time, revoke the appointment of any member appointed under subsection (1)(d) or (2) without assigning any reason. [28/2005 wef 01/10/2005] Compulsory voting 4B.—(1) Every registered architect who has in force a practising certificate on the day of the election of candidates as members of the Board under section 4A(1)(c) shall vote for the election of such members at such time and in such manner as may be prescribed. (2) Every registered architect who is required to vote for the election of the members of the Board in accordance with subsection (1) and who fails to do so shall not be entitled to apply for a practising certificate unless he — (a) satisfies the Registrar that he had a good and sufficient reason for not voting at the election; or (b) pays to the Board a penalty prescribed by the Board. [28/2005...