Architects, Professional Engineers and Quantity Surveyors Act · 2023 Revised Edition · Part · Privileges of Architects, Professional Engineers
10. Illegal architectural practice
Official textFrom Attorney General's Chambers, unchanged
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 —
building
“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure which includes a kiosk or stall, movable or otherwise; (b) an earth retaining or stabilising structure, whether permanent or temporary; (c) a dock, wharf or jetty; (d) a floating structure, not being a boat or vessel, constructed or to be constructed on a floatation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (e) a culvert, crossing, access road, bridge, underpass or tunnel; (f) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (g) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
a registered architect who has in force a practising certificate;
under the direction or supervision of a registered architect who has in force a practising certificate; or
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.
The Board may grant its authorisation to any person under subsection (1)(c) subject to such conditions as it thinks fit to impose.
Board
“Board” means the Board of Architects, Professional Engineers and Quantity Surveyors established under section 4(1);
Subject to the provisions of this Act, no person shall sign and submit to a building authority or a public authority —
building authority
“building authority” means any person empowered to approve plans of building works;
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
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
Subject to the provisions of this Act, no person shall use verbally or otherwise —
the word “architect” or any other derivatives in connection with his business designation;
the abbreviation “Ar.” or “Arch.” as a title before his name;
or
any word, name or designation that might lead to the belief that he is a registered architect, unless he is a registered architect.
Where the
Board has authorised any person under subsection (1)(c) to work in collaboration with a registered architect, the
registered architect
“registered architect” means a person registered as an architect under section 17;
Board may allow that person to use such addition to or derivative of the word
“architect” as may be approved by the Board.
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 —
architectural services
“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;
a registered architect who has in force a practising certificate;
a licensed body corporate;
a licensed partnership;
a licensed limited liability partnership; or
a partnership consisting wholly of registered architects.
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.
licence
“licence” means a licence to supply architectural, professional engineering or quantity surveying services in Brunei Darussalam granted under section 27;
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 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;
an allied professional and is doing so only by reason of being a partner in a licensed partnership; or
a licensed body corporate or limited liability partnership.
Any person who contravenes subsection (1), (3), (4), (6) or (8) is guilty of an offence and liable on conviction —
in respect of a first offence, to a fine not exceeding $10,000;
and
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.
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.
Terms defined in s 2
allied professional
Defined · s 2“allied professional” means — (a) an architect, other than a naval architect or a landscape architect, who is registered under this Act; (b) a professional engineer who is registered under this Act; or (c) a quantity surveyor who is registered under this Act;
architectural services
Defined · s 2“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
Defined · s 2“Board” means the Board of Architects, Professional Engineers and Quantity Surveyors established under section 4(1);
building
Defined · s 2“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure which includes a kiosk or stall, movable or otherwise; (b) an earth retaining or stabilising structure, whether permanent or temporary; (c) a dock, wharf or jetty; (d) a floating structure, not being a boat or vessel, constructed or to be constructed on a floatation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (e) a culvert, crossing, access road, bridge, underpass or tunnel; (f) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (g) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
building authority
Defined · s 2“building authority” means any person empowered to approve plans of building works;
licence
Defined · s 2“licence” means a licence to supply architectural, professional engineering or quantity surveying services in Brunei Darussalam granted under section 27;
practising certificate
Defined · s 2“practising certificate” means an annual certificate issued under section 25 authorising the holder thereof to engage in the practice of architecture, professional engineering or quantity surveying in Brunei Darussalam;
registered architect
Defined · s 2“registered architect” means a person registered as an architect under section 17;
Part
Registration of Architects, Professional Engineers
Part
Practising Certificates
Part
Multi-Discipline and Corporate Practice
Part
Disciplinary Proceedings
Part