Act 435 1998

Original Language Title: LEY 435 de 1998

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ACT 435 OF 1998
(February 10)
Official Gazette No. 43,241 of February 19, 1998
Whereby the exercise of the profession of architecture and its subsidiary is regulated professions, the Professional Council is created national Architecture and its ancillary professions, is dictated by the Code of Professional Ethics, the Disciplinary Regime for these professions is established, the national Professional Council of Engineering and Architecture restructuring national Professional Engineering Council and its ancillary professions and other provisions. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES: TITLE I.

OF THE PROFESSION OF ARCHITECTURE AND ARTICLE
Ancillary Professions 1o. DEFINITIONS. For all legal purposes, understood by architecture, the profession at university level, whose formation is the art of designing and creating spaces, building material works for the use and comfort of human beings, whose field of action is mainly developed with a set of technical and artistic principles governing this art.
The practice of architecture is the activity of architects in the design, construction, development, maintenance, alteration or renovation of a building or group of buildings. This practice includes strategic and land use, urban planning and urban design planning. In furtherance of the above activities, the architect can conduct preliminary studies, designs, models, drawings, specifications and technical documentation, coordination of technical documentation and activities of other specialized professionals, planning, economy, coordination, management and monitoring of the project and construction.
They are ancillary architectural professions, those covered by the academic title of professional technical training, technology, conferred by institutions of higher education, legally authorized and having regard to the implementation or development of tasks, works or activities architecture in all its branches.
TITLE II.
THE EXERCISE OF THE PROFESSION OF ARCHITECTURE AND ITS SUBSIDIARY PROFESSIONS
Article 2.
. . For purposes of this law, it is understood by exercise of the profession of architecture, the activity of Architects concerning:
a) architectural and urban design, preliminary studies, models, drawings, technical documentation and specification, development basic outlines of plans, blueprints and architectural and urban projects;
B) Completion of construction budget, cost control, contract management and project management;
C) construction, expansion, restoration and preservation of works of architecture and urbanism, comprising among others the implementation of programs and control them, whatever the contractual modality used, as long as they are limited in their field of action;
D) Supervision of projects and constructions;
E) Management of works of architecture and urbanism;
F) studies, advice and consultations on urban planning, regional development and land use planning;
G) studies, licensing procedures and planning and construction;
H) Preparation of appraisals and expert opinions in matters of architecture buildings;
I) Teaching of architecture;
J) The others are exercised within the scope of the profession of architecture.

ARTICLE 3o. REQUIREMENTS FOR THE EXERCISE OF THE PROFESSION OF ARCHITECTURE AND ITS SUBSIDIARY PROFESSIONS. To practice the profession of architecture is necessary to prove their academic training and professional competence, by presenting the respective title under the law and obtain professional registration card issued by the National Professional Council of Architecture and its ancillary professions.
To exercise any of the auxiliary professions of architecture, it is necessary to prove their academic training and professional competence, by presenting the respective title as a professional technical or technological training according to law and obtain the certificate of professional registration issued by the National Professional Council of architecture and its ancillary professions.
PARAGRAFO 1o. Professional Tuition fees Professional Cards issued to architects and professional registration certificates granted to assistants architecture by rules prior to the effective date of this law, remain valid and are presumed authentic.

PARAGRAFO 2o. While starts running the National Professional Council of Architecture and auxiliary professions, card professional registration of architects and certificate of professional registration assistants architecture, will be expended by the National Professional Council of Engineering and Architecture and its ancillary professions, National Professional Council restructured engineering and ancillary professions.
ARTICLE 4.
. REGISTRATION CARD PROFESSIONAL ARCHITECTS. You can only obtain professional registration card Architect, practice the profession and use the respective title within the country, who:
a) acquired or acquire the title of architect, awarded by officially recognized institutions of higher education;
B) acquired or acquire the title of Architect in higher education institutions operating in countries with which Colombia has signed treaties or agreements on reciprocity of securities;
C) acquired or acquire the title of Architect in higher education institutions operating in countries with which Colombia has not concluded treaties or agreements on equivalence of diplomas, provided they have met the requirement for approval and recognition of title to the competent authorities in accordance with current standards.

The 5th ARTICLE. PROFESSIONAL CERTIFICATE OF REGISTRATION FOR PROFESSIONALS AUXILIARY OF ARCHITECTURE. They can only obtain the Certificate of Professional Registration, practice the profession and use the respective title within Colombian territory who:
a) acquired or acquire the professional title in any of the auxiliary areas of architecture, awarded by institutions than technical or technological officially recognized education level;
B) acquired or acquire the professional title in any of the auxiliary areas of architecture operating in countries with which Colombia has signed treaties or agreements on reciprocity of securities;
C) acquired or acquire the professional title in any of the auxiliary areas of architecture in higher education institutions operating in countries with which Colombia has not concluded treaties or agreements on equivalence of diplomas, provided they have fulfilled with the requirement of approval and recognition of title to the competent authorities in accordance with current standards.
ARTICLE 6.
. REQUIREMENTS FOR POSITIONS repossess, CONTRACTS OR SUBSCRIBING TO ENGAGE IN ACTIVITIES TECHNICAL OPINIONS RELATING TO ARCHITECTURE AND AUXILIARY PROFESSIONS. To take ownership in a public or private office, requiring knowledge or practice of architecture or auxiliary professions in the same or to opinions that include technical aspects in these areas before state agencies or persons natural private, legal or, it is required to file registration card Professional Architect or Professional Certificate of Registration as appropriate, indicating their respective number in the act or contract, according to each situation.

Article 7. SPECIAL LICENSE FOR TEMPORARY FOREIGN PROFESSIONALS IN ARCHITECTURE domiciled abroad LINKING AND WORK IN COLOMBIA. Who hold the professional title of Architects, are domiciled abroad and linked occupationally or intend to link in Colombia in work regulated by this law, must be obtained for this purpose, special temporary license to be issued by the National Professional Council of Architecture and auxiliary professions, which will be valid for one (1) year and may be renewed at the discretion of the National Professional Council of Architecture and ancillary professions.
PARAGRAFO. The competent authority shall grant the respective visa without prejudice to the temporary license referred to in this Article, in order to legally practice in the country.
TITLE III. FOREIGN PROFESSIONALS

ARTICLE 8.
. PARTICIPATION OF FOREIGN PROFESSIONALS FOR STATE AND PRIVATE LEVEL. The participation of foreign professionals in buildings, studios, installations, erection, supervision, consulting and other work that are related to the profession of architecture and its auxiliary professions in the private state labor field and / or will be subject to the provisions in the Colombian labor legislation, in compliance with the requirements of this law establishes.
TITLE IV.
NATIONAL COUNCIL OF PROFESSIONAL ARCHITECTURAL AND ITS SUBSIDIARY PROFESSIONS


Article 9. NATIONAL PROFESSIONAL ADVICE OF ARCHITECTURE AND ITS SUBSIDIARY PROFESSIONS. Create the National Professional Council of Architecture and its ancillary professions such as the state body responsible for the development, promotion, control and surveillance of the exercise of the profession of architecture and auxiliary professions, which shall consist of the following members:
a) Minister of Economic Development or the Deputy Minister of Housing and Water or a delegate of the Minister of Development, who shall be Architect;
B) The Minister of Education or his delegate shall be Architect;
C) The National President of the Colombian Society of Architects;
D) A representative of universities with faculties of architecture at the national level, designated board comprised of most deans of these faculties, to be convened by the President of the Council for this purpose;
E) A representative of the auxiliary professions of architecture, designated board made up most of the presidents of these associations to be convened by the President of the Council for this purpose;
F) The Rector of the National University or his delegate who will be the Dean of one of his faculties of architecture.
PARAGRAFO 1o. The period of council members elected in board, shall be two (2) years and may be reappointed for up to one (1) time. Effective Notes


ARTICLE 10. FUNCTIONS OF THE PROFESSIONAL COUNCIL NATIONAL ARCHITECTURE AND ITS SUBSIDIARY PROFESSIONS. The National Professional Council of Architecture and Ancillary Professions will address in Santa Fe de Bogota, DC, and its functions are:
a) issue its own regulations and the Professional Councils Sectional Architecture and his Auxiliary Professions;
B) To approve or deny professional licenses and Certificates of Professional Registration;
C) Issue the appropriate professional registration cards architectural and professional registration certificates;
D) decide on the cancellation or suspension of professional license of architecture and / or certificate of registration for professional fouls the Code of Ethics and the proper practice;
E) To issue and cancel special temporary licenses referred article 7. of this law;
F) To promote the exercise of the profession of architecture and auxiliary professions within the principles of professional ethics;
G) Report to the competent authorities confirmed violations of the legal provisions regulating the professional practice of architecture and auxiliary professions;
H) Resolve second instance appeals on decisions handed down by the Sectional Councils;
I) Develop and maintain an updated auxiliary architects and architecture professionals registration;
J) Issue concepts in relation to these professions, when so requested, for any purpose;
K) Define the requirements to be met by architects and architecture support professionals to obtain the professional license or certificate of professional registration;
L) Fix the fees and certificates of registration in a balanced and reasonable way to cover expenses incurred in the operation of the National Council and the respective sectional. Rights that may not exceed the equivalent of one (1) adds legal monthly minimum wage. On these resources exercise due control the Comptroller General of the Republic;
M) To approve its own budget and that of the respective sectional councils;
N) Promote the upgrading, training, research and academic quality of architecture and auxiliary professions;
O) To monitor and control the professional practice of architects and architecture support professionals;
P) Create the Sectional Councils of Architecture and Ancillary Professions.
ARTICLE 11.
. The National Council may establish regional councils where conditions dictate.

V. TITLE OF ILLEGAL ARCHITECTURE PROFESSION PROFESSION EXERCISE AND AUXILIARY


ARTICLE 12. Understood by illegal exercise of the profession of architecture and / or Ancillary Professions all activity within the field of competition indicated in this law by those who do not hold the quality of Architects and / or paraprofessionals Architecture, as appropriate and are not duly authorized to act as such.
Also exercise the architectural profession illegally and / or Auxiliary Professions who are announced through notices, advertisements, plates, murals and other advertising media without meeting the requirements enshrined in this law.


ARTICLE 13. SANCTIONS FOR THE EXERCISE OF ARCHITECTURE AND ITS SUBSIDIARY PROFESSIONS. Who exercise illegally the architectural profession and / or Ancillary Professions Architecture, violates any of the provisions covered by this law or authorize, facilitate, sponsor, conceal the illegal practice of Architecture and Ancillary Professions incur penalties the law sets for cases of illegal practice subject to disciplinary, ethical, civil, and administrative sanctions that may apply.
TITLE VI.
CODE OF ETHICS FOR THE EXERCISE OF ARCHITECTURE AND AUXILIARY PROFESSIONS


CHAPTER I. GENERAL PROVISIONS

ARTICLE 14. The exercise of the profession of architecture and its auxiliary professions must be guided by criteria, concepts and lofty goals that tend to extol their professions, therefore, they are forced to adjust their professionals to the provisions of the following standards actions that constitute its Code Professional Ethics.

ARTICLE 15. Architects in all its various specialties and professionals in their respective professions Auxiliary, for all purposes of the Code of Professional Ethics and the disciplinary regime provided for in this law, will be called professionals.
CHAPTER II.
Duties imposed ETHICS FOR PROFESSIONAL FOR SOCIETY
ARTICLE 16.
. They are ethical duties of those professionals in this Code to society:
a) an interest in the public good in order to contribute their knowledge, skills and experience to serve humanity;
B) To cooperate for the progress of society contributing its intellectual collaboration and material cultural works, technical illustration, applied science and scientific research;
C) Apply the maximum effort in the sense of achieving a clear expression to the community of the technical aspects and matters relating to their professions and their exercise;
D) Carefully study the environment that will be affected in each proposed task, assessing the environmental impacts on ecosystems involved, urbanized or natural, including the socio-economic environment, selecting the best alternative to contribute to environmentally sound and sustainable development, in order to achieve the best quality of life for the population;
E) Rejecting all kinds of recommendations in work involving avoidable damage to the human environment and nature both in open spaces, such as inside buildings assessing its environmental impact, both short and long term;
F) To exercise the profession without subordinating their concepts or professional activities partisan criteria;
G) selflessly offer their professional services in case of public calamity;
H) To protect the life and health of community members, avoiding unnecessary risks in the execution of the work;
I) refrain from issuing professional concepts, without having absolute conviction be properly informed about it;
J) Ensure the protection of the integrity of national heritage.
CHAPTER III.
PROFESSIONAL DUTIES WITH DIGNITY OF YOUR CAREER
ARTICLE 17.
. The duties of professionals who deals with this code for the dignity of their profession:
a) contribute their professional conduct and with all means available, to the public consensus an exact concept of meaning is preserved of these professions in society, dignity and accompanying high respect that they deserve;
B) Respect and enforce all laws and regulations that affect acts of these professions, and denounce all their transgressions;
C) Ensure the good prestige of these professions;
D) To cooperate for the progress of these professions, through the exchange of information on their knowledge, and contributing to its work on behalf of associations, societies, higher education institutions and other bodies of technical and scientific disclosure;
E) No offer or accept work against existing laws, or accept tasks that are beyond the responsibility that gives it its title or its own preparation;
F) Not paying your signature free of charge, to authorize plans, specifications, reports, memoirs, reports and any other records that have not been studied, controlled or executed by them personally;
G) Do not subscribe, or contribute to issue diplomas, licenses, professional licenses cards or certificates of registration to persons who do not meet the prerequisites for exercising these professions are issued;

H) not to include his name in advertisements, letterheads, seals, advertising and other similar media, along with the other people who without being appear as professionals;
I) The means of propaganda must comply with the rules of prudence and professional decorum, they should not be made use of these advertising media with exaggerated warnings that give rise to misunderstandings on the professional performance;
J) not receive or grant commissions, shares or other benefits in order to manage, obtain or agree designations professional nature or the charge of professional work.
CHAPTER IV.
PROFESSIONAL DUTIES WITH OTHER PROFESSIONALS OF THESE AREAS
ARTICLE 18.
. The duties of the professionals who treats the present Code with other professionals in these branches:
a) Do not use without authorization of the legitimate authors and for application in own professional work, plans and other documentation pertaining to those except the professional task requires;
B) not defame, disparage or unfairly criticize their colleagues, or contribute directly or indirectly damage their reputation or their projects or businesses because of their performance;
C) Do not use unfair methods of competition with colleagues;
D) not appoint or influence to be designated in technical positions to be filled by professionals Professional Registration Card or Certificate of Professional Registration lacking qualifications and qualities relevant persons;
E) To refrain from publicly issuing adverse judgments on the performance of colleagues, pointing professional mistakes in these, incur, unless mediate some of the following circumstances:
1. This is essential for unavoidable reasons of general interest.
2. Which was previously given the possibility to recognize and rectify those actions and errors, making these professionals ignore it.
F) Exercise extreme caution and diligence when concepts on the actions of any of the professionals are issued;
G) Set for colleagues act as collaborators or employees or their remuneration appropriate to the dignity of the professions and the importance of the services they provide compensation;
H) not offer services with lower prices after having known proposals of other professionals;
I) not review other professional work without prior knowledge and acceptance of those, unless the professional is completely separate from such work;
J) To respect and recognize the intellectual property of any of the professionals about their designs and projects.

CHAPTER V. PROFESSIONAL DUTIES WITH CUSTOMERS AND THE PUBLIC IN GENERAL
ARTICLE 19.
. The duties of the professionals who treated this Code to its customers and the general public:
a) do not offer the services for which purpose, for any reason technical, legal, regulatory, economic or social , either questionable or unenforceable or personal circumstances could not satisfy;
B) not accept for their own benefit commissions, discounts, rebates or other similar materials offered by suppliers, contractors artifacts or structures and / or other persons directly involved in the execution of the work professionals projected or direct;
C) Maintaining the secrecy and confidentiality regarding all circumstances related to the customer and the work done for him except legal obligation;
D) operating with greater honesty, discretion and neatness, the funds that the customer gives bound for expenditure required for work by professional and render clear, precise and frequent accounts, all independently and without prejudice the provisions of existing laws;
E) Devoting all his skill and meet with the utmost diligence and probity the affairs of his client;
F) The professionals who direct the enforcement of contracts between customers and third parties are primarily advisers and guardians of the interests of their clients; but in no case they are allowed to act with bias or prejudice of those third parties.
ARTICLE 20.
. The duties of those professionals covered by this Code who work in public or private functions, the following:

A) Professionals in the exercise of public function, they must abstain from participating in the evaluation process of professional tasks of colleagues, with whom kinship linking had, to the extent determined by the current standard for the case, or corporate relationship in fact or law. The violation of this rule also charged to the professional who accepts such an assessment;
B) Professionals for their roles in the public or private sector are responsible for setting, prepare or evaluate conditions of bid documents or contests must act in all cases impartially;
C) All professionals covered by this law are found linked together because of hierarchy, whether in public or private administration must be mutually independent and without prejudice to that relationship, respect and treatment condition imposed by colleagues;
D) The superiors professionals must refrain from proceeding as that disparages or undermines professionals holding positions subordinate to him;
E) The superiors professionals must respect the fundamental rights of their subordinates and employees with regard to civil and individual liberties, without exercising discrimination on political, economic, sexual, religious or association;
F) Every professional must refrain from committing, allow or contribute to acts of injustice committed against another professional. Such as removal, replacement, demotion, disciplinary penalties without proven and just cause.
PARAGRAFO. The duties of the professionals in their contractual actions are governed by the provisions of the legislation in this area.
CHAPTER VII.
OF PROFESSIONAL DUTIES IN CONTESTS
ARTICLE 21.
. The duties of the professionals who is this Code in competitions, the following:
a) Professionals who have become part of a contest by any public or private invitation and consider that the competition rules THEY MAY transgress the rules professional ethics, must resign before the respective Sectional professional Council, the existence of such transgression;
B) professionals participate in a contest are required to observe strict discipline and the utmost respect for the advisor, the jurors and the other participants in the contest;
C) Professionals who have acted as advisors in a contest shall refrain from directly or indirectly involved in professional tasks required for the development work that led to it, unless their intervention were established in the competition rules.
PARAGRAFO. For purposes of competitions, professional shall follow the provisions of the legislation in force.
CHAPTER VIII.
OF ineligibility and incompatibility IN THE EXERCISE OF THE PROFESSION
ARTICLE 22.
. They incur lack the regime referred to in this chapter:
a) Professionals acting simultaneously as technical representatives or advisors over a company that develops identical activities and on the same subject, without the express consent and authorization same for such action;
B) The professional in exercise of its public or private activities, had intervened in a specific matter, you can not then act or directly or indirectly advise the other party in the same issue;
C) The professional should not intervene as an expert or attach on issues that understand disabilities and general incompatibility of the law.
PARAGRAFO. In tenders and it pertains to their contractual relations professionals are subject to the incompatibilities established in current legislation.
CHAPTER IX.
OF OTHER OFFENSES AGAINST THE PROFESSIONAL ETHICS
Article 23.
. Incur offenses against the Professional Ethics Professionals who treats this Code, violates any of the duties set forth in this law.
TITLE VII. DISCIPLINARY PROCEEDINGS


Editor's Notes
ARTICLE 24. DISCIPLINARY PROCEEDINGS. The National Professional Council of Architecture and Ancillary Professions may penalize Architects and auxiliary professionals in this profession written reprimand, suspension in the exercise of the profession up to five (5) years and cancellation of registration or certificate of professional registration as appropriate.
PARÁGRAFO. Editor's Notes

Effective Jurisprudence

Legislation Previous


TITLE VIII.
NATIONAL COUNCIL OF PROFESSIONAL ENGINEERING CAREERS AND ITS SUBSIDIARY

ARTICLE 25.
. Restructured the National Professional Council of Engineering and Architecture in National Professional Council of Engineering and Auxiliary Professions. Effective Notes

ARTICLE 26.
. The National Professional Council of Engineering and Auxiliary Professions, will be composed as follows:
a) The Minister of Transport or his delegate, who will preside;
B) The Minister of Education or his delegate; Effective Notes


C) The Rector of the National University or the Dean of the Faculty of Engineering of the same;
D) The President of the Colombian Society of Engineers;
E) A representative of the private universities, elected board of deans of faculties or schools concerned, convened for that purpose by the Chairman of the Board.
Henceforth, in addition to members that currently make up the Copnia will be part of its National Board of Directors, the Minister of Agriculture or his delegate who must be professional in one of the professions that article 1 of this Law . Likewise also make part of the National Board of Trustees of Copnia, the National President of one of the associations of these professions other than the Colombian Society of Engineers, elected in meeting convened by the Copnia for that purpose, for a period of two years. Effective Notes


PARAGRAFO 1o. Universities may have only one representative for every one that can only be a Dean of the Faculty of Engineering.
PARAGRAFO 2o. Period Board members shall be two (2) years and may be reelected only once. Effective Notes

Article 27.
. The National Professional Council of Engineering and Ancillary Professions can create Sectional Councils of Engineering where conditions dictate. Editor's Notes


TITLE IX. FINAL PROVISIONS


ARTICLE 28 OF GOODS AND REMAINING. The remaining assets available to the National Professional Council of Engineering and Architecture, must be settled within three (3) months from the effective date of this Act by the Auditor, as follows:
a third (1/3) for the National Professional Council of Architecture and Ancillary Professions and two-thirds (2/3) for the National Professional Council of Engineering and Support Professionals. Effective Notes


ARTICLE 29. EFFECTIVE DATE. This Law governs from the date of its publication in the Official Journal and repealing all provisions which are contrary to, especially the Law 64 of 1978 and its implementing regulations and supplementary decrees, only with regard to the profession of architecture and professions Aides it and in that area of ​​the engineering profession and its auxiliary professions, which are replaced or expressly modified herein.
The President of the honorable Senate,
Amylkar ACOSTA MEDINA.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives,
CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, on 10 February 1998.

Ernesto Samper Pizano The Deputy Minister of Urban Development, responsible for functions
Office of the Minister of Economic Development, | PATRICIA TORRES || Arzayús.
The Minister of National Education,
JAIME TEN CHILD.



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