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Architects Rules 1991

The Schedule (Code of Professional Conduct and Ethics)

(Act 22 of 1991, Section 38, The Schedule) - Part I

PART I
(Schedule for Architects)

CPCEI Rule 1 -
Definitions

1. In this Part, unless the context otherwise requires -

‘architect’ means a registered architect and includes a licensed corporation and licensed partnership;

‘housing developer’ has the same meaning as in the Housing Developers (Control and Licensing)Act (Cap.130);

‘publicity’ means any form of advertisement and includes any advertisement -

(a) printed in any medium for the communication of information;

(b) appearing in, communicated through or retrievable from, any mass medium, electronic or otherwise; or

(c) contained in any medium for communication produced by architects or for their use,and its derivatives, and ‘publicise’, ‘publicised’ and ‘publicising’ shall be construed accordingly.

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CPCEI Rule 2 -
Responsibilities towards client

2. An architect shall discharge faithfully his responsibilities to his client.

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CPCEI Rule 3 -
Conditions of a contract

3.- (1) An architect shall at all times apply the conditions of a contract with entire fairness between his client and any contractor concerned, and in any questions arising between his client and the contractor in which the architect is acting between the parties by reason of his professional expertise, he shall act in an impartial manner.

(2) An architect -

(a) shall invite tenders for all contracts, including prime costs or provisional sum items, unless his client otherwise directs;

(b) shall not unreasonably withhold from his client copies of all relevant information and prints of drawings obtained or prepared by him on behalf of that client; and

(c) shall release to his client copies of all relevant information and prints of all drawings already obtained and prepared by him on behalf of the client when so directed by the Board, or upon payment by the client of such charges as may be agreed between himself and his client or, in the absence of such agreement, such charges as may be determined by the Board.

(3) Sub-paragraph (2)(a) shall not apply to an architect in respect of any project in which he is providing both architectural services and building services, whether on his own or together with any other person.

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CPCEI Rule 4 -
Remuneration for architectural service

4.- (1) Subject to this paragraph, an architect, in respect of the architectural services he renders, shall be remunerated solely by fees in respect of those services payable by his client or by a salary payable by his employer, and the architect shall be debarred from any other source of remuneration in connection with such services rendered.

(2) An architect that is a licensed corporation or licensed partnership shall not allow any of his employees, directors of the corporation or members of the partnership to receive remuneration other than by fees in respect of those services payable by his client or by salary payable by the licensed corporation or licensed partnership.

(3) Without prejudice to the generality of sub-paragraph (1), an architect shall not -

(a) accept any discount, gift, commission or other payment or consideration, in respect of the architectural services he renders, from any source other than his client; or

(b) insert or permit the insertion of any clause in any tender, bill of quantities or other document which provides for payments to be made to him by a contractor in respect of the architectural services he renders, except with the full knowledge and approval of his client.

(4) Nothing in this paragraph shall prohibit –

(a) an architect who is a director of a licensed corporation from receiving remuneration for his services as a director;

(b) an architect who is a shareholder in a licensed corporation from receiving any dividend on his shares; or

(c) an architect who is providing both architectural services and building services in any project from receiving his fees in respect of the building services rendered by him in that project.

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CPCEI Rule 5 -
Advertising

5.- (1) An architect may, subject to this paragraph, publicise his practice or allow his employees or agents to do so.

(2) In publicising his practice, an architect shall uphold the dignity, standing and reputation of the profession.

(3) No architect shall publicise his practice in a manner which -

(a) is likely to diminish public confidence in the profession or otherwise bring the profession into disrepute;

(b) may reasonably be regarded as misleading, deceptive, inaccurate, false, or in any way unbefitting the dignity of the profession; or

(c) is determined and pronounced by the Board to be an undesirable manner of publicising the practice of an architect.

(4) For the purpose of this paragraph, publicity shall be regarded to be misleading, deceptive, inaccurate or false if it -

(a) contains a material misrepresentation;

(b) omits to state a material fact;

(c) contains any information which cannot be verified; or

(d) is likely to create an unjustified expectation about the results that can be achieved by an architect.

(5) In publicising his practice, an architect shall ensure that -

(a) any claim to his expertise or specialisation can be justified;

(b) the publicity does not make any comparison or criticism in relation to the fees charged, or the quality of the architectural services rendered, by any other architect;

(c) the publicity does not make any reference to any building project in which he had not rendered any architectural services;

(d) the publicity does not make any direct or indirect mention of any building project in which he had rendered architectural services if the provision of such information will involve a breach of confidentiality he owes to any client or former client; and

(e) where the publicity makes any direct or indirect mention of any building project, he shall state his specific involvement in that project and give due credit to any other architect involved in that project.

(6) For the purposes of sub-paragraph (5), the following factors shall be taken into account in justifying any claim to expertise or specialisation:

(a) the academic qualifications of the architect;

(b) the architect’s experience in rendering architectural services of a similar nature having regard to the complexity of the design and construction;

(c) the architect’s resources and capacity to render such architectural services which he claims to have expertise or specialisation in; and

(d) such other factors as the Board may determine to be relevant.

(7) It shall be the responsibility of every architect to ensure that any publicity relating to his practice complies with this paragraph, whether such publicity is conducted by him or any other person on his behalf.

(8) Where an architect becomes aware of any impropriety in any publicity relating to his practice, it shall be his responsibility to use his best endeavours to procure the rectification or withdrawal of the publicity, and to prevent its recurrence.

(9) The responsibility of an architect under this paragraph shall not be capable of being delegated to any other person, whether or not that person is also an architect.

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CPCEI Rule 6 -
Prohibited engagements

6.- (1) An architect shall not accept any work which involves the giving or receiving of discounts or commissions in consideration for, or as an inducement to, the introduction of clients.

(2) An architect shall not tout for business or do anything which is likely to lead to the reasonable inference that it is done for the purpose of touting.

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CPCEI Rule 7 -
Publication Guidelines

7. An architect may allow any illustration or description of his work signed by him to be published in the press, except that he shall not solicit directly or indirectly any advertisement from any person for such publication.

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CPCEI Rule 8 -
Media Participation and their Conduct

8. An architect may publish or consent to the publication of a series of illustrations, either in the form of a circular, brochure or book with or without descriptive letterpress, of his work, except that he shall not solicit directly or indirectly any advertisement from any person for such publication.

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CPCEI Rule 9 -
Signboard and Signing

9 -(1) An architect may exhibit his name outside his office or on a building which is being constructed, altered or extended, in relation to which he is rendering architectural services, if the exhibit is displayed in an unostentatious manner.

(2) An architect may sign on buildings which have been designed by him provided that the signing is done unostentatiously.

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CPCEI Rule 10 -
Architectural Competition

10.–(1) An architect shall not take part in an architectural competition where -

(a) the Board has previously issued a warning against taking part in that competition; or

(b) the competition is held otherwise than in accordance with any rules approved by the Board for the purpose of such competition.

(2) An architect shall not –

(a) be associated in any way with the carrying out of any work involving a design which was selected as a result of taking part in a competition held in any of the circumstances specified in sub-paragraph (1)(a) or (b); or

(b) attempt in any way to secure work for which a competition has been held unless –

(i) he is a competitor in that competition; and

(ii) such work is secured in accordance with the rules of the competition that are in force.

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CPCEI Rule 11 -
Practice ethics

11.- (1) An architect shall at all times, with due regard to the interest of his client, act honourably towards other architects.

(2) An architect shall not supplant or attempt to supplant another architect.

(3) Except as otherwise approved by the Board, an architect shall not compete with another architect by means of a reduction of fees or by any other inducement to any person.

(4) If an architect, on being approached or instructed by or on behalf of any person to act as the architect or builder or both in any project, knows, or can ascertain by reasonable inquiry, that another architect is or has been engaged to act as the architect or builder or both in the same project, he shall notify the other architect or the Board before he accepts the engagement or commission.

(5) An architect shall not accept a commission or engagement to render architectural services for a client while a claim for outstanding fees for architectural services rendered by another architect previously employed in the same project by the same client, and whose employment has been terminated by that client, remains unsatisfied.

(6) Notwithstanding sub-paragraph (5), an architect may accept a commission or engagement to render architectural services in the circumstances specified in that sub-paragraph if security for the outstanding fees has been furnished by the client concerned jointly in favour of the other architect and the Board.

(7) Any security furnished under sub-paragraph (6) shall be in accordance with such agreement as may be made by the other architect and the client concerned or, in the absence of such agreement, on such terms and conditions as may be determined by the Board.

(8) Sub-paragraphs (3), (5), (6) and (7) shall not apply to any architect in respect of any project in which he is providing both architectural services and building services, whether on his own or together with any other person.

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CPCEI Rule 12 -
Prohibited engagements

12.- (1) An architect shall not, while engaging in the practice of architecture, act in a manner which -

(a) is inconsistent or out of keeping with the fitting and proper discharge of his professional duties;

(b) would raise doubts as to his professional integrity as an architect; or

(c) would raise doubts as to whether he will render his architectural services in accordance with any written law and with honesty and integrity.

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CPCEI Rule 13 -
Conflict of interest

13.- (1) An architect shall not hold, assume or consciously accept a position in which his interest is in conflict with his professional duty to his client without previously informing his client, and he shall advise his client of the possibility of any conflict between his interest and the interest of his client.

(2) Without prejudice to the generality of sub-paragraph (1), an architect shall not act as an architect in respect of a contract to which he is a party without previously informing the other party to such contract of that fact and that he intends to so act.

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CPCEI Rule 14 -
Design and Build

14 -(1) Notwithstanding any of the provisions in this Schedule, an architect shall not act as an architect in respect of any project in which he is acting as a housing developer.

(2) Deleted by S 669/2003, wef 01/01/2004.

(3) Deleted by S 669/2003, wef 01/01/2004.

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CPCEI Rule 15 -
Compliance with written law

15. An architect shall -

(a) exercise diligence to ensure that there is no contravention of or failure to comply with any written law by any person in the carrying out of any building project or works in relation to which he is rendering architectural services; and

(b) immediately report to the competent authority, the building authority or any other relevant authority of any contravention of or failure to comply with any written law by any person in the carrying out of any building project or works in relation to which he is rendering architectural services when he knows of such contravention or failure.

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