Section 10
Illegal architectural practice
of Architects, Professional Engineers and Quantity Surveyors Act
(1)
Subject to the provisions of this Act, no person shall draw or prepare any architectural plan, drawing, tracing, design, specification or other document intended to govern the construction, enlargement or alteration of any building or part thereof in Brunei Darussalam unless he is —
(a)
a registered architect who has in force a practising certificate;
(b)
under the direction or supervision of a registered architect who has in force a practising certificate; or
(c)
authorised by the Board to work in collaboration (but without a right to any independent practice) with a registered architect who has in force a practising certificate authorising the registered architect to engage in that architectural service.
(2)
The Board may grant its authorisation to any person under subsection (1)(c) subject to such conditions as it thinks fit to impose.
(3)
Subject to the provisions of this Act, no person shall sign and submit to a building authority or a public authority —
(a)
any architectural plan, drawing, tracing, design, specification or other document intended to govern the construction, enlargement or alteration of any building or part thereof in Brunei
Darussalam; or
(b)
any report, certificate or other document relating to the construction, enlargement or alteration of any building or part thereof which is required by any written law to be signed by an architect, unless he is a registered architect who has in force a practising certificate.
Architects, Professional Engineers and Quantity Surveyors
B.L.R.O. 6/2023 19
(4)
Subject to the provisions of this Act, no person shall use verbally or otherwise —
(a)
the word “architect” or any other derivatives in connection with his business designation;
(b)
the abbreviation “Ar.” or “Arch.” as a title before his name;
or
(c)
any word, name or designation that might lead to the belief that he is a registered architect, unless he is a registered architect.
(5)
Where the
Board has authorised any person under subsection (1)(c) to work in collaboration with a registered architect, the
Board may allow that person to use such addition to or derivative of the word
“architect” as may be approved by the Board.
(6)
Subject to the provisions of this Act, no person shall advertise or hold himself out or conduct himself in any way or by any means as a person who is authorised to supply architectural services in Brunei Darussalam, unless he is —
(a)
a registered architect who has in force a practising certificate;
(b)
a licensed body corporate;
(c)
a licensed partnership;
(d)
a licensed limited liability partnership; or
(e)
a partnership consisting wholly of registered architects.
(7)
Nothing in subsection (6) shall apply to prevent a body corporate that ceases to have in force a licence from carrying on any activity necessary to the winding up of that body corporate.
(8)
Subject to the provisions of this Act, no person shall supply or offer to supply architectural services in Brunei Darussalam unless he is —
Architects, Professional Engineers and Quantity Surveyors 20
(a)
a registered architect who has in force a practising certificate and is doing so on his own account or as a partner in a licensed partnership or a partnership consisting wholly of registered architects who each has in force a practising certificate;
(b)
an allied professional and is doing so only by reason of being a partner in a licensed partnership; or
(c)
a licensed body corporate or limited liability partnership.
(9)
Any person who contravenes subsection (1), (3), (4), (6) or (8) is guilty of an offence and liable on conviction —
(a)
in respect of a first offence, to a fine not exceeding $10,000;
and
(b)
in respect of a second or subsequent offence, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both.
(10)
Nothing in this section shall be construed to permit or authorise any licensed body corporate or partnership to supply any architectural services which it is not licensed to supply.