Ar ramlipastyearpaper

Past year
Section A
1) List five (5) terminologies and definitions of Law in architectural practice in Malaysia
● “architect consultancy practice” - sole proprietorship, partnership or body corporate
incorporated under the Companies Act 1965, providing architectural consultancy
services and is registered by the Board under Section 7A or 7B.
● “building authority” local authority required under any written law to approve building
plans.
● “Professional Architect” a person registered under subsection 10(2)
● “pertubuhan Arkitek Malaysia” include any institute, body, or society succeeding it and
approved by the minister.
● “Graduate Architect” a person registered under subsection 10(1)/
- A set of procedures and rules of conduct which act as guidelines
- the body of principles recognized and applied by the State in the administration of justice
- (to promote the standard of professional conduct)
- (to promote self discipline required of professional architects in the interest of the public)
( This one need some help ) LOL ...dono how to answer……..
2) Explain what the importance of Law is in the architectural practice in Malaysia
- to protect the rights of architects and related consultants
- to resolve the disputes that may arise at every stage of architectural practice
- govern and oversee a profession’s actions and conduct
- to regulate, control and plan the development of any design for the built environment
-
(Add some here too )
3) List the types of law that affects the practice of an architect, related consultants, the
developer, contractor and consumer
- Architect Acts, 1967
- Strata Title Act, 1985
- Housing Developers (Control and Licensing) Act 1966
- Town Planners Act, 1995
- Town and Country Planning Act, 1976
- Malaysia Uniform Building By-Laws, 1984
- Water Services Industry Act 2006
- Street, Drainage and Building Act, 1974
- Drainage Works Act, 1954 (REVISED - 1998)
- Local Government Act, 1976
- Fire Services Act, 1988
- Registration of Engineers Act, 1967
- Quantity Surveyors Act, 1967 (REVISED 1992)
- Valuers, Appraisers and Estate Agents Act and Rules, 1981
- National Land Code 1965

- Licensed Land Surveyors Act, 1958
4) What is the relationship between Law and Ethics in architectural practice
- In the conduct of architectural practice, does not knowingly violate any state or federal
criminal law. (Eg: Corruption)
- To prevent violation of copyright.
- To provide services according to scope of work and responsibilities according to their
qualification. (Eg: to prevent negligence in services)
- Does not make misleading claims or false statement about own professional
qualification, experience or performance. (Eg: comply with registration law and
professional body)
- Does not engage in any conduct involving fraud of the right of clients or any party in
legal contract.
5) List five (5) professional bodies that abide by law and practise.
a. Pertubuhan Arkitek Malaysia (PAM)
b. Lembaga Arkitek Malaysia (LAM)
c. Board of Quantity Surveyors Malaysia (BQSM)
d. Land Surveyors Board (LSB)
e. Board of Engineers Malaysia (BEM)
f. Board of Town Planners Malaysia
g. Malaysia Institute Of Planners (MIP)
6) Why is Architect Act 1967 important?
- A set of guidelines for the professional-undertaking services such as registration of
architect, architectural consultancy services, and scale of minimum fees to be provided
by an architect.
- Use to protect the right of an architect while conducting architectural practices.
- To manage and control the legal & illegal established architectural firm?
- To manage building draughtsmen
-
Section B
1. You are in the process of preparing a tender document, Explain the role of the
organisation that are listed below: [DONE, see can bo ?] CANTIK !
a. architect

- architect as a facilitator/intermediary, because architect is tied to a body and ethnic
liability
- prepare all detailed drawings, upon client’s approval to proceed
- Prepare all documents necessary for obtaining competitive tenders
- Together with QS to call Tender on behalf of the client
- Evaluating the result of tenders
- submitting a report and recommending to client
- awarding the contractor on behalf of the client
- preparing contract documents to be signed by both client and contractor
b. other consultant that will be involved
Quantity surveyor
- upon client’s approval to proceed with detailed drawing, QS to prepare Bill of Quantities
(BQ)
- prepare a cost estimation for comparison fa
- Together with Architect to call Tender on behalf of the client
- Evaluating the result of tenders
c. developer
- Described as employer in building contract
- Developer required to appoint an Architect, Quantity Surveyor and other professional
persons as consultants.
- After the Architect has notified and recommended potential contractor, developer sign off
the tender evaluation and recommendation report and appoint the contractor.
- Developer do payment at various stages in work to contractor as promised in the
contract.
d. contractor
- a party that receive money from client and in the return will construct and deliver a
building
- Contractor submit a tender price, which is fully conforming for all work described in the
documentation and that there are no conditions, exclusions or exceptions.
- the contractor required to provide a performance bond, warranties and evidence of
insurance cover.
- Contractor carry out complete design and construct the works where consultants to
administer the conditions.
2. What is meant by the following acts and discuss their purposes. [done]
a. Architect Act
An Act to provide for the registration of architects, sole proprietorships, partnerships and bodies
corporate providing architectural consultancy services, and building draughtsmen and matters
connected therewith.
b. Developer Act

An Act to provide for the control and licensing of the business of development in Peninsular
Malaysia, the protection of the interest of purchasers and for matters connected therewith.
c. Contractor Act
- The Act also sets out the elements that limit the ways in which a contract may be
entered and carried out. If the said contract is breached, the said Act sets out how the said
contract can be enforced in the court of law and the remedies available to the aggrieved party.
- To establish Lembaga Pembangunan Industri Pembinaan Malaysia (CIDB)
- To provide functions for CIDB relating to construction Industry:
● encourage standardization & improvement of construction techniques & materials.
● initiate and maintain construction industry information system.
● to accredit & register contractors and to cancel,suspend or reinstate the registration of
any registered contractor.
● to accredit and certify skilled construction workers and construction site supervisors.
d. Consumer Act
An Act to provide for the protection of consumers, the establishment of the National Consumer
Advisory Council and the Tribunal for Consumer Claims, and for matters connected therewith.
- may refer to any dispute or claim of less than RM10,000 to the established consumer
Redressal Tribunal.
- have right to alll products and services of daily basic needs: food, clothing, health,
education, house.
- have the right to obtain accurate and precise facts about the product and service that
consumer wants.
- freedom in buying/assuring that the product/service is obtained through right channels,
based on right price.
- have the right to claim for damages from unfair practices from supplier / manufacturer.
3. State and discuss the situations when the laws stated below will affect the practice of an
architect. (HOW? OK OR NOT THE ANSWER?)
a. Land Code/law
- The National Land Code (NLC) includes legislation regarding land administration in
Peninsular Malaysia, and is not applicable to the states of Sabah and Sarawak.
- The Land Code is prominently referred to at the preliminary stage of the project
appointment where the architect will have to confirm/ identify the status of the involved
parcel of land where the proposed design will be located at in the future upon
completion.
- Architect to identify the Final Title ( Surveyed Boundary, Official Lot No. of the Parcel,
Certified Plan) - Borang B1 during KM Submission
- Architect to identify Qualified Title (Boundary of Lot, AREA OF lOT, Lot Identification
No.)
- Ownership of the Land (Freehold, Leasehold, Strata)
- Status of Land ( To be amalgamated, to be subdivided, to be converted, to surrender,
etc.)

b. Planning code/law
- To Introduce a Comprehensive System of Town and Country Planning & Standardize
and Control Town and Country Planning in the country (National Level)
- As a fundamental instrument to control development by local planning authority (State/
District).
- Architects will be affected in a way that these components will affect his/her project
(Land use conversion approval, Layout plan approval (section 21B), Pre-comp plan
approval, Building plan approval)
c. UBBL
- The Building By-Laws, which was the precursor to the Uniform Building By-Laws, 1984,
was based on the existing Kuala Lumpur and Singapore legislations and
recommendations from the Building Research Station, UK
- compiled under the provisions under Section 113 - By-laws - in the Street, Drainage &
Building Act, 1974.
- Similar to Building Control Act (Singapore)
- A ‘manual’ or reference for architects in practice when they are in preliminary design
stage/ design development to comply to required technical aspects for building safety
purposes. Commonly used by architects to refer when having discussion/ technical
reviews with Bomba and Majlis before BP submissions.
d. Arbitration law
- Alternative dispute resolution; when disputes are preferably to be solved out-of-court but
still legally binded.
- Architecture scenario ( Client and Architect dispute over appointment when project on-
going, architect being terminated and client appoints another architect without following
procedures.. but client does not want to blow up the matter to resolve the issue)
e. Tribunal law
- Dispute resolution through court proceedings where arbitration is no longer the option to
resolve disputes.
- According to Oxford English Dictionary (2010), tribunal defined as a type of court with
authority to deal with a particular problem or disagreement.
- Architecture scenario (Client terminating architect without proper procedure and engage
a cheaper option to build his/ her house by using his drawings - Appointment, breach of
copyrights → Architect sues the client to seek compensation and damage costs)
- Scenario 2 (Client/ purchaser accuses architect on failing to discharge duties after
project ends due to poor quality in workmanship by contractor, architect as defendant to
defend his reputation) (HOW? OK OR NOT THE ANSWER?) ///
LAW OF TORT
-Law of tort is a civil wrong which unfairly causes someone else to suffer loss or harm
-The branches of law of tort as shown below (focus on Nuisance and Negligence only)

a. Negligence (breach of a duty to care): contrators liable for the negligence of sub-conn
b. Nuisance: an action to redress harm arising from the use of one’s property; two types of
it: private n (civil wrong); public n (criminal wrong)
Torts are wrongdoings that are done by one party against another. As a result of the
wrongdoing, the affected parties may take civil action against the other party.
Three types of torts:
● Intentional torts
● Negligence torts
● Strict liability torts

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