Architecture Profession
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Act
19 of 1992
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–15 ..
ARCHITECTURE PROFESSION ACT
CHAPTER 90:02
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LAWS OF TRINIDAD AND TOBAGO
2 Chap. 90:02 Architecture Profession
Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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Architecture Profession Chap. 90:02 3
CHAPTER 90:02
ARCHITECTURE PROFESSION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Establishment of Board.
4. Term of office of Board members.
5. Meetings and quorums.
6. Resignation.
7. Vacancies.
8. Functions of the Board.
9. The Register.
10. Registrar/Secretary.
11. Committees.
12. Accreditation Committee.
13. Assessment Committee.
14. Disciplinary Committee.
15. Appeals Tribunal.
16. Prohibitions.
17. Qualification for registration.
18. Registration of persons who lack qualification.
19. Certificate of Registration.
20. Redress for rejected applicants.
21. Code of Ethics.
22. Disciplinary proceedings.
23. Application fees.
24. Annual fees.
25. Other fees.
26. Offences and penalties.
27. Consent of Director of Public Prosecutions.
28. Regulations.
SCHEDULE.
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4 Chap. 90:02 Architecture Profession
CHAPTER 90:02
ARCHITECTURE PROFESSION ACT
An Act respecting the registration of Architects and
otherwise regulating the practice of Architecture.
[4TH DECEMBER 1992]
1. This Act may be cited as the Architecture Profession Act.
2. In this Act—
“Accreditation Committee” means the committee referred to in
section 12;
“Appeals Tribunal” means the Tribunal established under
section 15;
“Assessment Committee” means the committee referred to in
section 13;
“Board” means the Board of Architecture established under
section 3;
“Certificate of Registration” means the Certificate referred to in
section 19;
“Disciplinary Committee” means the Committee established under
section 14;
“Institute of Architects” means the body incorporated by the
Trinidad and Tobago Institute of Architects Act;
“Minister” means the member of Cabinet to whom responsibility
for public works is assigned;
“misconduct” means any act constituting an infringement of the
Code of Ethics set out in the Schedule;
“registered architect” means an architect registered under this Act.
3. (1) There is established a Board of Architecture that is a
body corporate.
19 of 1992.
Commencement.
Short title.
Interpretation.
25 of 1988.
Schedule.
Establishment
of Board.
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(2) The Board shall be appointed by the Minister and
shall consist of—
(a) four registered architects nominated by and
holding membership in the Institute of Architects
of Trinidad and Tobago;
(b) a public officer who is registered or is eligible to
be registered as a registered architect;
(c) two persons appointed to represent the public
interest.
(3) A Chairman shall be appointed by the Board from
among its members.
(4) A person appointed to the Board shall be a citizen of,
or ordinarily resident in Trinidad and Tobago.
(5) A person appointed to the Board under paragraph (a)
or (b) of subsection (1) shall have been engaged in the practice of
architecture for at least eight years.
4. A person appointed to the Board holds office for a term of
three years but is eligible for reappointment for a maximum of
two further consecutive terms.
5. (1) The Board shall hold meetings at such times as may
be necessary or expedient for the purpose of fulfilling its functions
and such meetings shall take place not less than twice in each
calendar year.
(2) Ten days notice in writing of every meeting of the
Board shall be given to each member of the Board.
(3) A quorum of any meeting of the Board shall be
four members but in other respects the Board may regulate its
own procedure.
6. (1) A member of the Board other than the Chairman may
at any time resign his office by instrument in writing addressed to
the Minister and transmitted through the Chairman.
(2) The Chairman may at any time resign his office by
instrument in writing addressed to the Minister.
Term of office
of Board
members.
Meetings and
quorums.
Resignation.
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7. Where a vacancy occurs in the membership of the Board
such vacancy may be filled by the Minister on the same basis on
which the appointment becoming vacant was made, and the new
member shall hold office for the remainder of the period for which
his predecessor was appointed.
8. The functions of the Board are—
(a) to assess the qualifications and experience of
persons applying for registration as registered
architects;
(b) to conduct examinations of persons applying for
registration as registered architects;
(c) to register architects and issue certificates of
registration;
(d) to monitor adherence to and investigate breaches
of the Code of Ethics;
(e) to exercise disciplinary control over registered
architects;
(f) to keep published for public scrutiny in a format
to be decided by the Board and notified in the
Gazette, a list of qualifications and institutions
recognised by the Board in respect of the training
in architecture required by this Act;
(g) to advise the Minister on amendments to this Act
as it considers desirable; and
(h) generally to regulate the practice of architecture
in accordance with this Act.
9. The Board shall cause to be kept a register of registered
architects to be known as the Register of Registered Architects in
which shall be entered such particulars as may be prescribed.
10. (1) The Board shall appoint a registered architect to
perform the functions of Registrar/Secretary.
(2) The functions of the Registrar/Secretary are—
(a) to maintain the Register of Registered Architects
and to keep the Register open for public scrutiny
at such fees as may be prescribed;
Vacancies.
Functions of
the Board.
The Register.
Registrar/
Secretary.
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(b) to endorse in the Register such particulars of a
registered architect as may be prescribed;
(c) to collect all fees;
(d) to publish at least once in every year in the
Gazette, the Register and a list of those persons
whose Certificates of Registration have been
suspended or cancelled; and
(e) to perform such other functions as the Board
may specify.
(3) A copy of the Gazette listing the information required
to be published under subsection (2)(d) is admissible in any
proceedings as evidence that a person is or is not registered as a
registered architect or has had his Certificate of Registration
suspended or cancelled.
11. (1) The Board may establish committees to assist in the
exercise of its functions and shall establish an Accreditation
Committee and an Assessment Committee.
(2) A member of a Committee established under
subsection (1) need not be a member of the Board.
12. (1) The functions of the Accreditation Committee are to
assess and keep under review the academic qualifications for
registration as a registered architect and to scrutinise, examine and
investigate the academic qualifications of individual applicants for
registration as registered architects.
(2) The Accreditation Committee shall assist the Board—
(a) in the preparation and conduct of such
examinations as the Board deems necessary;
(b) in the preparation of the list of qualifications
required by section 8 to be published for
public scrutiny.
13. The functions of the Assessment Committee are to
review the architectural work done by applicants seeking to
qualify for registration and to make recommendations in this
regard to the Board.
Committees.
Accreditation
Committee.
Assessment
Committee.
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14. (1) There is established a Disciplinary Committee of the
Board comprised of three or more registered architects not being
members of the Board, who shall be appointed by the Board.
(2) Where there is any allegation of misconduct by any
registered architect, the Disciplinary Committee shall investigate
and report to the Board whether there are any grounds for
disciplinary proceedings being brought against that architect.
(3) On receipt of a report under subsection (2), the Board
shall decide whether or not disciplinary proceedings shall be
brought, and before such proceedings are brought shall furnish a
copy of the report to the registered architect against whom the
allegations of misconduct have been made.
(4) A report of the Disciplinary Committee may be used
in disciplinary proceedings, but the Board shall not be restricted
to evidence mentioned or referred to in any such report.
15. (1) There is established an Appeals Tribunal appointed
by the Minister and consisting of three registered architects, not
being members of the Board.
(2) The Appeals Tribunal shall hear all appeals against
the refusal of the Board to register an applicant as a registered
architect.
16. A person, who is not a registered architect shall not—
(a) use any title or description that leads to the belief
that he is a registered architect;
(b) advertise himself as a registered architect;
(c) act in a manner so as to create or induce the belief
that he is a registered architect; or
(d) sign or stamp any plans, drawings, designs or
specifications, purporting to be acting in the
capacity of such registered architect.
17. (1) A person who holds membership at the grade
of Member or Fellow in the Institute of Architects at the date
of commencement of this Act and who continues to hold
Disciplinary
Committee.
Appeals
Tribunal.
Prohibitions.
Qualification for
registration.
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such membership is entitled as of right to be registered as a
registered architect.
(2) Subject to section 18, a person is entitled to be
registered as a registered architect under this Act if, on application
made to the Board, he satisfies the Board that—
(a) he is qualified to be registered as a registered
architect; and
(b) he is a fit and proper person to practise as a
registered architect.
(3) For the purpose of subsection (2), a person is qualified
to be registered as a registered architect if—
(a) he has been awarded a degree, diploma or other
professional qualification in architecture granted
by a University or School of Architecture that, in
the opinion of the Board, is evidence of
satisfactory training in architecture; and
(b) he has had not less than three years experience in
the practice of architecture, one year of which
may be practical experience as may be approved
by the Board, gained during his pursuit of the
professional qualification referred to in
paragraph (a).
(4) An application for registration shall be made to the
Secretary of the Board on a form approved by the Board.
(5) A person who wishes to be registered under this Act
shall furnish to the Secretary of the Board—
(a) evidence of his qualifications and experience;
(b) proof of his identity; and
(c) such other information as the Board requires
in respect of the matters referred to in
subsection (3) or under subsection (1) of
section 18, as the case may be.
18. (1) Notwithstanding section 17, any person who does
not possess the qualification specified in that section but who,
Registration of
persons who
lack
qualification.
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on application made to the Board within one year of the
commencement of this Act, satisfied the Board that—
(a) he has had, before the commencement of this Act,
ten years experience in the practice of
architecture; and
(b) he is a fit and proper person to be registered as a
registered architect,
is entitled to be registered as a registered architect.
(2) In determining whether a person satisfies the
requirement of subsection (1), the Board may conduct an
investigation relating to the experience in architecture of that person
as it considers necessary and may require that person to undergo a
written or oral examination in architecture, or both such written
and oral examination.
19. (1) Where the requirements for registration have been
satisfied the Board shall, upon receipt of the prescribed fee from
the applicant, issue to him a Certificate of Registration.
(2) Where the Board refuses an application for registration
as a registered architect it shall provide reasons for such refusal.
20. (1) A person aggrieved by the refusal of the Board to
register him under this Act may—
(a) within three months of such refusal, appeal to the
Appeals Tribunal; or
(b) where he is of the view that there are additional
facts or that fresh circumstances have arisen
which warrant the reconsideration by the Board
of his application for registration, reapply to the
Board for such consideration no sooner than
twelve months from the date of such refusal.
(2) A person who appeals under subsection (1) is entitled
to be represented at the hearing by his legal adviser.
21. (1) A registered architect shall conform to the Code of
Ethics for registered architects set out in the Schedule.
Certificate of
Registration.
Redress for
rejected
applicants.
Code of Ethics.
Schedule.
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(2) A registered architect who breaches any provision of
the Code of Ethics is liable to disciplinary action by the Board.
(3) The Minister may, by Order, amend the Schedule on
the advice of the Board.
22. (1) In any disciplinary proceedings held by the Board,
the Board shall in addition to any other requirement imposed by
any regulations under this Act—
(a) furnish adequate notice to the registered architect
against whom the misconduct is alleged stating
the nature and details of the alleged misconduct;
(b) allow the registered architect against whom the
misconduct is alleged, the right to be heard in his
defence, to be represented by his legal adviser
where so requested and the right to cross-examine
any witness called by the Board.
(2) Where the Board fails to comply with subsection (1),
any decision taken by the Board which adversely affects the career
or interest of the registered architect subjected to the disciplinary
proceedings, is void.
(3) In exercise of its disciplinary powers the Board may,
where it is satisfied that an allegation of misconduct is proved,
censure the registered architect or suspend or cancel his Certificate
of Registration.
23. An applicant for registration as a registered architect shall
pay such fees as may be prescribed.
24. A registered architect shall pay to the Board such annual
practice fee as may be prescribed.
25. A registered architect shall, on payment to the Board of
the prescribed fees, have endorsed on the Register and on his
Certificate of Registration any further qualifications acquired
subsequent to registration.
Disciplinary
proceedings.
Application
fees.
Annual fees.
Other fees.
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26. (1) No person shall—
(a) fraudulently procure or attempt to procure the
registration under this Act of himself or any
other person by making or producing or causing
to be made or produce, any false or fraudulent
representation, statement or declaration, either
orally or in writing; or
(b) fraudulently make, cause or permit to be made—
(i) any false or incorrect entry or copy of an
entry in the Register;
(ii) any alteration in any entry or copy of an
entry in the Register.
(2) A person who contravenes the provisions of this
section or section 16 is guilty of an offence and is liable on summary
conviction to a fine of five thousand dollars or to imprisonment
for two years or to both such fine and imprisonment.
27. The consent of the Director of Public Prosecutions shall
be obtained before any criminal proceedings are brought under
this Act.
28. (1) The Minister, after consultation with the Board, may
make Regulations for the carrying out of the functions of the Board
including provisions for—
(a) the registration of registered architects and the
issuance of Certificates of Registration;
(b) the disciplining of registered architects;
(c) the review, payment and collection of fees;
(d) the conduct of examinations; and
(e) the prescribing of anything required by this Act
to be prescribed.
(2) Regulations made under this section shall be subject
to affirmative resolution of Parliament.
Offences and
penalties.
Consent of
Director of
Public
Prosecutions.
Regulations.
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(Section 21).SCHEDULE
CODE OF ETHICS
1. A registered architect shall not hold, assume or accept a position in
which his interest is in conflict with his professional duty.
2. A registered architect is remunerated solely by his professional fees
payable by his client or by a salary payable by his employer. He is debarred
from any other source of remuneration in connection with the works and duties
entrusted to him. It is the duty of a registered architect to comply with the
conditions of engagement of the Trinidad and Tobago Institute of Architects.
3. A registered architect shall not accept any work which involves the
giving or receiving of discounts or commissions, or accept any discount, gift or
commission, from contractors or tradesmen, whether employed upon his works
or not.
4. A registerd architect may be an architectural consultant, adviser, or
assistant to building contractors, decorators, manufacturers, house and estate
agents, estate development firms or companies, or firms or companies trading
in materials used in or whose activities are otherwise connected with the building
industry, if he is paid by fee, salary or royalty and not by commission on sales
or profits, and provided that he does not either directly or indirectly solicit orders
for the firm or company.
5. Where a registered architect is engaged specifically as an architectural
consultant or adviser, as described in Clause 4 his name and affix may appear
only on the note paper of the firm or company used in connection with his
professional services.
6. Where a registered architect is engaged as an architectural consultant,
adviser or assistant as described in Clause 4, he shall not act in a professional
capacity for a third party to whom his principals owe a contractual duty, but if
mutually agreed between all the parties he may act as an independent architect
on the direct instructions of the said third party provided that he receives the
payment of fees direct from the third party.
7. Where a registered architect is a director of a firm or a company carrying
on a business in the trading of materials used, or connected with the building
industry or trading in land or building for profit, he shall act in accordance with
Clause 1 of this Code.
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8. A registered architect—
(a) shall not advertise his work or merit in a self-laudatory
manner, and shall avoid all conduct or practice likely to
discredit or unfavourably reflect upon the dignity or honour
of the profession;
(b) may employ circumspect advertising to announce his practice
and availability. Only those media shall be used as are
necessary to reach directly an interested and potential client
or employer, and such media shall in themselves be dignified,
reputable and characteristically free of any factor or
circumstance that would bring disrepute to the profession or
to the professional using them. The substance of such
advertising shall be limited to fact and shall contain no
statement or offer intended to discredit or displace another
registered architect, either specifically or by implication.
9. A registered architect may allow signed illustrations and descriptions
of his work to be published in the Press, but he shall not—
(a) give monetary consideration for such insertions;
(b) allow such insertions to be used by the publishers for extorting
advertisements from contributors.
10. A registered architect may consent to the publication of series of
illustrations either in circular, brochure or book form, with or without descriptive
letter-press of any building or buildings for which he has been responsible,
providing that such publication is not used by the publishers for extorting
advertisements from contributors.
11. A registered architect may sign his buildings and may exhibit his name
outside his office and on buildings in the course of construction, alteration or
extension, if it is done in an unostentatious manner and the lettering does not
exceed two (2) inches in height.
12. A registered architect must not attempt to supplant another architect,
nor must he compete with another architect by means of a reduction of fees or
by other inducements.
13. A registered architect on being approached or instructed to proceed
with professional work upon which another architect was previously employed,
shall notify the fact to such architect.
14. A registered architect employed as a full-time salaried and official
registered architect by a central or local government department or by a statutory
undertaking, and who is by reason of his office in a position to grant or influence
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the granting of any form of statutory or other approval, must not undertake
private work notwithstanding any permission from his employing authority to
do so, unless he is satisfied that his position and action in the matter will be free
from any suspicion or suggestion of abuse.
15. In all cases of dispute between building owner and contractor a
registered architect must act in an impartial manner. He must interpret the
conditions of a contract with entire fairness as between the building owner and
the contractor.
16. A registered architect must not permit the insertion of any clause in
tenders, bills of quantities, or other contract documents which provides for
payment to be made to him by the contractor whatever may be the consideration,
unless with the full knowledge and approval of the employer.
17. Where a registered architect takes off the quantities for his buildings
he should be paid directly by the employer and not through the contractor except
with the previous consent of the employer.
18. A registered architect shall enter only such architectural design
competitions as are approved by the Trinidad and Tobago Institute of Architects.
19. A registered architect must not act as architect or joint architect for
work which is or has been the subject of a competition in which he is or has
been engaged as assessor.
20. An assessor must not act as consulting registered architect nor in any
other professional capacity, in any matter connected with work which has been
the subject of a competition, provided always that he may act as arbitrator in
any dispute between the promoters and the selected architect.
21. Where a registered architect is officially approached by a promoter
for advice on the holding of a competition with a view to his acting as assessor,
and eventually it is decided not to hold the competition but to appoint a registered
architect to carry out the work, the registered architect originally approached
in an advisory capacity is precluded from acting as architect for the work
in question.
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