Architects and Quantity Surveyors By-Laws, 2000

Government Notice 168 of 2000

Architects and Quantity Surveyors By-Laws, 2000

Citation: Government Notice 168 of 2000
Primary work: Architects and Quantity surveyors (Registration) Act
Date: 31 July 2002
Language: English
Type: Government Notice

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Tanzania

Architects and Quantity surveyors (Registration) Act

Architects and Quantity Surveyors By-Laws, 2000

Government Notice 168 of 2000

Published in Tanzania Government Gazette
Commenced on 5 May 2000
[This is the version of this document at 31 July 2002.]
[Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]

[Bylaw 38; G.N. No. 168 of 2000]

Part I – Preliminary provisions (bylaws 1-2)

1. Citation

These By-laws may be cited as the Architects and Quantity Surveyors By-laws.

2. Interpretation

In these By-laws, unless the context otherwise requires—"Act" means the Architects and Quantity Surveyors (Registration) Act ¹;¹Cap. 269"architect" means a person who is professionally and academically qualified and skilled in advocating the fair and sustainable development, welfare and cultural expression of the societal habitat in terms of space, form and historical context and is so registered or certified by the Board under this Act and is licensed to practise the profession in Tanzania;"architectural assistant" means a person/pupil who has graduated from an architectural academic institution and is by obligation operating under the supervision of an architect approved by the Board to be a supervisor;"architectural technician" means a person who has graduated from an architectural technicians training institution and is by obligation operating under the jurisdiction of an architect;"Board" means the Architects and Quantity Surveyors Registration Board, established under the Act;"building" means any three dimensional structure or form of whatsoever material constructed for the purpose of defining space within space or around space, whether that space is directly or indirectly used;"consultants" means and includes persons appointed to give specialised professional advise to the architect and may be appointed by either the client or the architect subject to acceptance by each party;"firm" means a person or group of persons practising as architects or quantity surveyors and it includes incorporated company, partnership, sole proprietorship and any other modes of practice;"foreign" in relation to firms and defined herein above, or company means a firm or company whose ownership or majority shares, lead partner in case of partnerships, stake or voice is in the mandate of non-citizens;"member" in relation to the Board or the Appeal Authority includes the Chairman and the Vice-Chairman;"Minister" means the Minister responsible for buildings and civil works;"quantity surveying assistant" means a person or pupil who has graduated from a quantity surveying academic institution and is by obligation operating under the supervision of a quantity surveyor approved by the Board to be a supervisor;"quantity surveyor" means any person who is professionally and academically qualified, registered and certified to be licensed to practise quantity surveying in Tanzania and is responsible to ensure that the financial resources of the construction industry are utilised to the best advantage of the society by providing, inter alia, the financial management for projects and a cost advice service to the client and the design team during the entire construction process;"Register" means the Register of Architects, Quantity Surveyors; Architectural or Quantity Surveying Firms, Sub-Registers for Architectural Assistants, Quantity Surveying Assistant, Architectural Technicians or any other as approved by the Board;"registered" means attaining the ultimate qualification of the relevant profession, and it includes being entered in the relevant register under the Architects and Quantity Surveyors (Registration) Act ²;²Cap. 269"registered firm" means a practice certified by this Board to be licensed and its name is entered in the register as an architectural or quantity surveying firm;"Registrar" means the Registrar appointed in accordance with the provisions of section 6 of the Act.

Part II – General provisions (bylaws 3-15)

3. Communications

All Communications to the Board shall be addressed to the Registrar at the postal address of the Board.

4. Notice of meetings

Except in case of emergency, seven clear days' notice of meeting shall be given.

5. Minutes

Minutes of all resolution and proceedings of the Board and sub-committees shall be recorded in proper books to be provided for the purpose.

6. Zone offices

The Board shall have power to establish anywhere in the United Republic of Tanzania zone offices or centres to be known as authorised agents for carrying its activities.

7. Board may carry out duties all year

The Board, its duly authorised agent or delegate, may carry out its official duties any time of the 24 hour day and any day of the year including weekends and public holidays.

8. Application forms

The Board shall cause to be printed forms for various needs of application and such forms shall be obtainable from the Registrar upon payment of a fee as prescribed by the Board.

9. Application on prescribed form

Unless and until the Board otherwise prescribes, every application for registration shall be made through filling the appropriate form as provided under by-law 8.

10. Completion of various forms

Every application for registration shall be made in the English language and under the hand of the applicant and shall state the qualifications upon which the application is based and shall contain such other information in connection therewith as required in the application forms.

11. Address to which applications must be sent

Every application shall be delivered or sent by registered mail to the Registrar at the address of the Board or personally deposited and acknowledged by the applicant in the Board's office.

12. Consideration of applications

Every application so far as is practicable shall first be submitted to the appropriate sub-committee for evaluation and recommendation after which it shall be represented to the next scheduled Board meeting after the receipt thereof.

13. Generation of income

(1)The Board shall have the power to generate income through various means including penalties levied against defaulters, collections from the members of the public benefiting from the professional services it regulates, sales of publications etc.

(2)Subject to sub-by-laws (1) the generation of income will be done among others in the form of sale of different standard forms required at different stages to ensure smooth operation and administration of contracts in undertaking building project.

14. Fines, penalties, etc., and recovery thereof

Any fines imposed under the By-laws or other moneys which may be or may become due to the Board shall be a debt due to the Board, which may recover such moneys by legal process if need be.

15. Expenses of members of the Board

Should occasion arise in the execution of its duties the Board may pay out of its funds the first class railway fare, economy class for air transport or reasonable transport expenses and subsistence allowances to any member of the Board who may be required to travel to any place within Tanzania or abroad in connection with the Board's affairs.

Part III – Functional committees, sub-committees, and their roles (bylaws 16-26)

16. Committees, sub-committees and activity centres

(1)There shall be Board Committees consisting of only Board members and sub-committees appointed by the Board in corporating co-opted members from outside the Board.

(2)The sub-committees may co-opt nominees of the Architectural Association of Tanzania (AAT), Tanzania Institute of Quantity Surveyors (TIQS), Architectural and Quantity Surveying Higher Training Institutions in the country or any other person or persons as the Board may approve.

17. Tenure of sub-committee and frequency of meetings

(1)The members of the sub-committees shall hold office for a maximum of three years, which can be renewed by the Board.

(2)The meetings for each sub-committee shall be determined by the need, but in any year there shall be at least two meetings for each sub-committee.

18. Membership and role

(1)All members of the sub-committees shall be citizens of the United Republic of Tanzania.

(2)The sub-committees shall assist the Board in the performance of its statutory functions and duties as required in the Act and the corresponding by-laws.

(3)The sub-committees shall look into any matter failing in their jurisdiction and nature and to inquire into and advise upon or make recommendations to the Board in any matter which make the Board expedite its functions for better performance.

19. Names of committees and sub-committees

The following committees, and sub-committees shall be established with a view of enhancing the operations of the Board:

(a)Education and Training Sub-Committee;

(b)Professional Practice Sub-Committee;

(c)Finance and Administration Committee;

(d)Public Advisory and Public Relations Sub-Committee;

(e)General Purpose Sub-Committee.

20. Functions and composition of the Education and Training Sub-Committee

(1)The functions of the Education and Training Sub-Committee shall include looking after all issues related with educational advancement of the professionals and all others playing active roles in the two professions.

(2)The Education and Training Sub-Committee shall have at least five members as shown under sub-by-law (3) and all members shall either be registered architects or quantity surveyors, with the exception of the representative referred to in sub-by-law (3)(b).

(3)The Committee shall comprise of the following—

(a)Two Board members representing training institutions, one being an architect and the other a quantity surveyor;

(b)a representative from the Ministry of Higher Education;

(c)a representative from the Architectural Association Tanzania;

(d)A representative from the Tanzania Institute of Quantity Surveyors;

(e)At least one secretariat staff member.

21. Functions and composition of the Professional Practice Sub-Committee

(1)The functions of the Professional Practice Sub-Committee shall be to ensure discipline and ethics and looking after matters related to practice in general.

(2)The sub-committee shall be responsible for making inquiries where there appears to be unacceptable professional conduct or serious professional incompetence on the part of any architect, quantity surveyor, in person or through Architectural or Quantity Surveying Firms.

(3)The sub-committee shall comprise of at least five members from the following:

(a)Two members from the Board one being an architect and the other a quantity surveyor;

(b)One architect well versed with architectural practice in Tanzania;

(c)One quantity surveyor well versed with quantity surveying practice in Tanzania;

(d)One member from the Attorney General's Chambers;

(e)At least one secretariat staff member.

22. Functions and composition of the Finance and Administration Committee

(1)Finance and Administration Committee shall be responsible for preparation of Board budgets and guide on all financial issues, including how to raise finances.

(2)The committee shall comprise of at least five members appointed by the Board as follows—

(a)at least two Board members, one of whom should be the Board Chairman;

(b)at least two secretariat staff member;

(c)chairpersons of all the Board's functional committees.

23. Functions and composition of the Public Advisory and Public Relations Sub-Committee

(1)The Public Advisory and Public Relations Sub-Committee shall have the following functions—

(a)to be the link between the professions, other public organs and the community in general;

(b)to further the publicity of the professions in the country through a co-ordinated effort to heighten public awareness.

(2)The committee shall comprise of the following—

(a)two Board members;

(b)one Member who must be an architect;

(c)one Member who must be a quantity surveyor;

(e)members of the Secretariat.[Please note: numbering as in original.]

24. Functions and composition of the General Purpose Sub-Committee

(1)The General Purpose Sub-Committee shall be the link between various related public organs that influence establishment of practices and the services offered by them.

(2)The various public organ's representatives playing a key role in the establishment or consuming the services of these practices shall be represented as follows—

(a)one Board member;

(b)two members from the Ministry of Local Government and Regional Administration, one being an architect and the other one an urban planner;

(c)one member from the Ministry of Home Affairs (Senior Immigration Officer);

(d)one member from the Ministry of Trade and Industries (Registrar of Companies or his representative);

(e)one member from the Ministry of Labour and Youth (Head of employment section);

(f)any other co-opted member depending on the specific task at any particular time;

(g)contractors Board representative;

(h)members of the secretariat.

25. Link with other public organs

In order to sustain the required inter-link between the Board, the Local Authorities and other related statutory public organs that affect the regulation of the two professions, the General Purpose Sub-Committee shall hold its meetings at municipalities or regions and organised by the Board. The venue for the meetings shall be rotated from one centre to another after at least every two sessions conducted in one place.

26. Furnishing of minutes

The Permanent Secretaries in the responsible ministries as well as all Municipal and Regional Administrative Secretaries shall be furnished with the minutes of the meetings of the General Purpose Committee.

Part IV – Registers (bylaws 27-66)

27. Obligation of registration

(1)All building clients, local or foreign, government or private, International organisations, NGOs, promoters, developers, owners or sponsors, as the case may be, shall, where a project involves any services normally provided by architects or quantity surveyors as defined by the Principal Act, ensure the project Architect, Quantity Surveyor and their professional firms through which they discharge their duties are registered by the Board prior to the commencement of the project.

(2)Individuals in Government departments or public Institutions or Diplomatic missions charged with the duty of co-ordinating building development projects shall ensure that those carrying out the duties normally discharged by architects or quantity surveyors are registered by this Board prior to commencement of the project.

(3)Contravention of this by-law shall attract a prescribed penalty to be paid to the Board by the defaulting organ, or authority.

28. Registration categories

(1)The Board shall register persons and firms in the following categories—

(a)architects and quantity surveyors;

(b)architectural and quantity surveying firms;

(c)temporary registration of (a) and (b) above;

(d)architectural and quantity surveying assistants;

(e)architectural technicians;

(f)architectural draughtsmen;

(g)others as may be passed by the Board and approved by the Minister.

(2)All specialities or branches in architecture or quantity surveying that are not yet properly established or defined under the Act shall be regulated under paragraph (1) and (d) above. This includes services such as building project managers landscape design or architecture, furniture design, interior design, acoustic design, lighting design, sculpture art, etc, if the persons offering such services have the right qualifications in terms of training, they will discharge their duties along the same principles as assistant architects or assistant quantity surveyors as the Board shall advise.

29. Entries of names on the registers

(1)The name of every person accepted by the Board for registration as an architect or quantity surveyor or architectural assistant or quantity surveying assistant or architectural technician or architectural draughtsman, as the case may be, shall be entered in the respective registers as soon as practicable.

(2)The name of every architectural or quantity surveying firm which has been accepted by the Board for registration as a professional firm shall be entered in the respective register as soon as practicable and in any case before the next scheduled seating of the Board.

(3)The name of every registered architect or quantity surveyor or firm shall be put in the Government Gazette as soon as practicable after their acceptance to be entered in the register.

(4)The address of such registered persons or firms and such further particulars as the Board may deem necessary shall be entered in and recorded in the applicable register.

30. Notification of change of details

Every person/firm whose name is entered in the register shall keep the Registrar informed of any change including that of contact address, letterheads, ownership structure in case of firm, etc., and the Registrar shall amend the register accordingly.

31. Publication of registers

(1)The Board shall publish all entries found in the Registers of Architects and Quantity Surveyors and their professional firms and suspensions or deletions from the Registers in the Government Gazette.

Application of statutory permits in building process

(2)Only the names of architects or architectural firms approved by the Board, and directed to be issued for publication in the Government Gazette by the Registrar may be accepted in the matters related to statutory applications or approvals of permits for any state in building process.

32. Fees for certified copies of registers

(1)The Registrar shall issue to any applicant, a certified copy of information about a person or firm from the register upon application and on payment of a prescribed fee.

(2)The Registrar shall upon the instructions of the Board, compile a certified list of registered persons and firms, copies of which may be supplied to anyone upon making written application or filling of approved form, and payment of a prescribed fee.

Registration procedures for individuals (bylaws 33-39)

33. Registration eligibility

A person shall be eligible for registration under section 10(a) and (b) of the Act if he is in the Board's opinion a professionally fit and proper person by general conduct as required by the Act, to be so registered and satisfy the following requirements—

(a)he has obtained a qualification in Architecture or Quantity Surveying from a training institution currently recognised by the Board in accordance to section 10(a)(ii) and has passed any examination held in pursuance of section 10(a)(iii) of the Act; or

(b)he holds at the time of his application a valid certificate of registration issued by Architects or Quantity Surveyors Registration Boards of countries recognised by the Board and has passed the Board's interview as required under section 10(a)(iii) of the Act; or

(c)if his name has previously been removed from the register under section 14 of the Act and reinstated under section 15 of the Act:

Provided that the equivalent academic qualification for any category of registration must be approved by the Board before an applicant is allowed to start the process of registration.

34. Application for registration before entering the country

(1)All foreign architects or quantity surveyors shall as soon as practicable, apply for registration with the Board and for those who are residing outside Tanzania must apply for registration before entering the country or soon thereafter before taking up the actual execution of the assignment that brought him in the country.

(2)Any foreign person applying for the work permit to offer services as an architect or quantity surveyor in the country irrespective of the nature of the engagement, shall first seek for the sanction of the Board in his eligibility to be registered by the Board prior to applying for, or being issued with the work permit.

(3)Any person who fails to follow the above requirements shall commit an offence whose penalty shall not be less than US$ 5000 payable to the Board, and the Board may take further legal action against both the offender and the officer or authority responsible for issuing the work permit.

35. Board's power to call for further information

(1)An applicant for registration shall furnish the Board with further information or corroborative evidence of the particulars given in his application which may be called for the purpose of considering such application and the Board may call upon such applicant to appear before the Board if so required at his own expense.

(2)Nothing shall deprive the Board of any of its powers of acting upon further evidence which may be produced at a later date which may prove the incorrectness of any statement made in such application.

36. Withholding of information by an applicant

Should an applicant refuse to furnish any further information that the Board may call for or fail to appear personally before the Board after receiving due notice, the Board may further refuse to consider such application.

37. Board may accept or reject an application

(1)The Board having considered an application for registration and any report of a sub-committee upon such application may accept or reject such an application, subject to the applicant's right to appeal against such decision in accordance with the provisions of section 19 of the Act.

(2)Notwithstanding sub-by-law (1) the decision of the Board shall be communicated to the applicant by letter addressed to him through the post at the address appearing on his application form.

38. Issue of registration certificates

Upon the completion of the entry of a name in the register a certificate of registration, which shall bear a serial number corresponding to the number of entry in the register applicable, shall be duly completed and the common seal impressed thereon. The entry in the register shall be similarly attested, and the certificate (which shall remain the property of the Board) shall thereupon be delivered to the registered person.

39. Certificate and subscription fee

(1)Upon collection of the registration certificate the registered person shall pay a prescribed fee.

(2)At the beginning of each year and in any case not later than 30th March, every person or firm entered into the Boards register shall submit to the Board an updated information about himself or itself using the Board's information updated forms.

(3)Failure to abide by the procedure laid in sub-by-law (2), will be an offence on which a penalty shall be payable to the Board by the individuals or firms in default.

(4)Where it is established that misleading information has been issued to the Board, the Board shall determine other measures to take in addition to the penalty set out under sub-by-law (3).

Registration procedures for firms (bylaws 40-43)

40. Eligibility

A firm shall be eligible for registration under section 10(b) of the Act if in the Board's opinion it is a proper firm to be so registered and satisfies the conditions as set by the Act.

41. General information for registration

A firm shall be eligible for temporary registration under section 12 of the Act if it is in the opinion of the Board a fit and proper firm to be so registered and that the validity of the registration to be a maximum of duration of the project, and should only be renewable upon the Boards satisfaction that the assignment is still valid. The Board will issue a temporary registration only for duration of the project that caused the applicant to come into the country in accordance with sections 10(a) and (b) of the Act.

42. Actors in the firm

(1)It shall be duty of the firm to ensure that all the partners or principals, shareholders or directors of the firm are those registered with the Board.

(2)All professional liability shall rest with natural persons of the respective professions regardless of the type of the firm through which the project has been registered.

43. Professional capacity building and registration

(1)Every firm operating in Tanzania shall provide an undertaking in a form to be provided by the Board as to the nature, period and qualifications of professionals working for or under it and it should show how it contributes to the local capacity building. Failure to provide such an undertaking, or if the firm provides any false or misleading information shall make that firm guilty of an offence and shall be liable to a penalty payable to the Board.

(2)Every application for the registration of an architectural or a quantity surveying firm shall be lodged only by architects or quantity surveyors as the case may be. Applicants shall upon paying for and filling the relevant firm registration application forms, submit the same to the offices of the Board where they shall be scrutinised and processed.

(3)There shall be some affirmative restriction on registration of non-citizens and foreign consulting firms, that requires to have indication that no foreign firm shall be registered without evidence of employing local architects or quantity surveyors as the case may be.

(4)Any firm shall be considered for temporary registration if it has in its employment only those expatriates whose qualifications and skills have been confirmed by the Board to be unavailable in the country.

(5)All temporarily registered firms shall enter into a joint venture agreement with a local firm for carrying out the specific assignment and shall show proof of such agreement to the Board.

Registration fees (bylaws 44-59)

44. Amount and manner of payment

Upon the person or firm being accepted for registration, a registration fee and annual subscription fee shall become due and payable to the Board by the person seeking registration. The amount to be paid by various persons or firms shall be as prescribed by the board.

45. Payment of fees

The fee registration shall be payable in the following manner:

(a)at the time of application the whole amount required for registration process shall be paid prior to being entered into the register;

(b)the annual subscription fee shall be paid separately for every trading year and payments may be accepted in advance to the trading year.

46. Return of fee to unsuccessful applicant

The sum paid by an unsuccessful applicant under by-law 45(a) shall be returned to the applicant at the time of notifying him of the Board's decision but in the event of an order of court reversing such decision all the sums payable under that by-law shall become due and owing from the applicant as therein provided.

47. Fees not returnable

In the event of a registered person being removed from the Register for any reason the registration fee and any renewal fee already paid shall not be returnable to or recoverable by him.

48. Default in payment of renewal fee

(1)In the event of a registered person failing to pay his annual subscription fee in accordance with by-law 45(b) upon the due date he shall be notified by the Registrar of such default by registered letter addressed to his last address.

(2)Should the default referred to in sub-by-law (1) of this by-law continue after the expiration of thirty days from the date of posting notification, such default shall be deemed to be professional misconduct within the meaning of section 14 of the Act.

49. Variation of previous payments

The Board may, at its discretion, modify the payment of the annual renewal fee in respect of registered persons who have paid any lump sum fee under previous by-laws.

50. Fees due upon removal of name at own request

(1)The renewal fee is usually due annually on the first day of January as long as a person's name is recorded in the register.

(2)In the event of the name of a person being removed from the register at his own request no renewal fee will be required for the subsequent year and thereafter.

51. Outstanding payments if name struck off by court

In the event of the name of a registered person being struck off the register any annual subscription fee due at the date of removal from the register shall be forthwith.

52. Payment during suspension

In the event of a person being suspended such person shall, notwithstanding the suspension continue to pay the annual renewal fee as provided in by-law 45(b).

53. Fee payable upon re-registration

Where the name of a person whose name has been removed from the register is to be restored, such restoration shall not be effected until there has been paid to the Board in respect thereof—

(a)any portion of the original annual renewal fee payable under by-law 45(b) which has remained unpaid;

(b)current registration fee.

54. Fees not returnable

In the event of the name of a person or firm being removed from a register for any reason herein after prescribed the registration fee and annual subscription fee or any part thereof already paid shall not be returned to such person or firm.

55. Default in payment of annual subscription fee

(1)If by the end of April of each year any person or firm has failed to pay the entire amount of the annual subscription fees for the current year, a penalty of 5% of the outstanding amount shall be imposed to the debt for every calendar month or part thereof it remains unpaid.

(2)If by 1st January a person or firm has failed to pay the entire amount of the annual subscription fee of the preceding year the defaulter's registration shall be suspended, and such suspension shall remain in force until reinstated by the Board.

(3)If by 1st of January a person or firm has failed to pay the entire amount of the annual subscription fee for two consecutive preceding years then the defaulter shall be struck off from the register.

56. Outstanding balance remitted in case of death

In the event of the death of a person and a balance of the total registration fee remaining unpaid such balance shall be cancelled by the Board and the estate of such deceased person shall not be liable for the payment of such outstanding balance.

57. Outstanding balance upon removal of name at own request

In the event of the name of a person or firm being removed from a register at own request any part of the annual subscription fee remaining unpaid shall immediately become due and shall be paid forthwith:Provided that, subject to the return of the registration certificate, the Board may remit the whole or part of such payment, if it deems fit.

58. Outstanding balance if name struck off by court

In the event of the name of a person or firm being struck off a register by order of the court or the Board any part of the annual subscription fee remaining unpaid shall immediately become due and shall be paid forthwith.

59. Payment during suspension

In the event of person or firm being suspended by order of the court or by the Board such person or firm shall continue to pay his or its annual subscription fee.

Procedures for striking off a name and re-instating in the registers (bylaws 60-66)

60. Removal of a name from a register

(1)The name of a registered person or a firm shall be removed from the register upon the instructions of the Board in the event of the death of the registered person or upon the written application by the registered person, or principal or owner of a firm or by a resolution of directors in case of a limited liability company, or partnership mandate in case of a partnership in accordance with section 14 of the Act.

(2)Where removal from register is being considered in accordance with section 14(1)(a), of the Act the Board will send by registered mail to the registered person using the address appearing in the register, and if within a period of three months it is not answered the Board will send a reminder. If this reminder is not answered within two months a second and final reminder will be sent. Thereafter the striking off of a name will be effected if no response has been received after the expiry of thirty days from the date of the final reminder.

61. Endorsement on removal of a name from the register

In the event of the suspension of a registered person, professional firm or the removal of the name of a person or firm from the register for any cause, the register shall be suitably endorsed by the Board and the Registrar shall publish in the Government Gazette a notice of such suspension or removal.

62. Certificates to be returned to the Board

Upon the suspension of a registered person or registered consulting firm or the removal of the name of registered person or registered consulting firm from the register such person or consulting firm shall forthwith deliver up his registration certificate to the Board.

63. Power to sue for return of certificate

Should a certificate not be returned upon demand by registered letter to the last known address of the person to whom the certificate relates the Board shall have power to take legal action for the recovery thereof and the offender shall meet all the costs.

64. Method of dealing with returned certificates

Upon the return of a certificate of registration the Board shall—

(a)in the case of suspension, hold the certificate until the person to whom it relates has been reinstated;

(b)in the case of a person whose name is removed from the register for reasons other than death, cancel the certificate;

(c)in the case of a deceased person, endorse the certificate with a note of the death and thereafter may return the certificate to the representative of the deceased person if so requested.

65. Applications for re-registration

In the event of a person or firm whose name has been removed from a register desiring to be entered again into the register, he shall apply by filling in the re-entry application forms and such application shall be considered in accordance with all the provisions of the By-laws 33 to 43.

66. Loss or destruction of a certificate

In the event of a registered certificate being lost or destroyed and such loss or destruction being proved to the satisfaction of the Board, a duplicate of such registration certificate may be supplied to the registered person upon payment of the current certificate fee.

Part V – Examination procedures (bylaws 67-75)

67. Professional registration examinations

(1)The Board shall conduct professional registration examinations in architecture and quantity surveying.

(2)The candidates who will meet the entry requirements as stipulated under By-law 70 will be allowed to sit for the examination.

(3)Application forms for professional examinations shall be obtainable from the Registrar upon payment of a prescribed application fee to the Board.

(4)There shall be examination fee as prescribed by the Board.

68. Application conditions

(1)Duly completed application forms must be submitted to the Board not later than 120 days before the date for examination.

(2)Applications received after this date but not later than 90 days before the examination date shall be accepted subject to payment of a penalty of 25% of the examination fee.

(3)Applications received within 90 days before the date of commencement of an examination session shall not be considered for examination in that session.

69. Examination application form

The examination application form shall be enclosed with—

(a)two recent passport size photographs of the applicant duly signed by the applicant at the back;

(b)certified photocopies of all certificates relevant to the applied examinations;

(c)evidence of two years' practical professional experience including a letter from the candidate's training supervisor and a firm where the candidate had been working.

70. Qualifications to write examination

Prior to being allowed to attempt the examination the candidate must have the following qualifications:

(a)Possess the minimum qualifications prescribed for a particular level of examination;

(b)Pay the appropriate examination fees prescribed by the Board.

71. Qualifications to practise

(1)The Candidate for Architecture must hold a degree or equivalent qualifications in Architecture obtained after minimum of five years of training in a recognised training institution and must have a minimum of two years post graduate supervised training in an architectural firm.

(2)A candidate for quantity surveying—

(a)for intermediate level must hold a diploma in quantity surveying obtained from an academic training institution recognised by the board.

(b)for Final Level, must have a minimum of two years post graduate supervised training in a quantity surveying firm, and—

(i)must have passed the intermediate examination of the Board or;

(ii)must hold a degree or equivalent qualifications in quantity surveying obtained after a minimum of three years of training in a training institution recognised by the Board.

(3)The practical training report required for Architects, and, experience acquired report for quantity surveyors, shall be submitted to the Board in duplicate not later than 90 days before the commencement of examination session.

(4)Assessment of the logbooks and practical training reports shall be made after the submission and an oral interview will be held before the beginning of the written papers and passing the oral interview shall be a precondition for attempting the written papers.

72. Examination fees

(1)The examination fees shall be paid immediately after the candidate has been approved to attempt the examinations.

(2)Candidates for the final level examinations shall pay twenty-five percent of the examination fees on being approved to attempt the examinations, whereas the remainder of the fee shall be paid after the candidates clear the practical training report for Architects and experience-acquired report for quantity surveyors.

73. Postponement of examination

(1)Postponement of examination shall be by writing a letter to the Board giving reasons therefor. If in the opinion of the Board a candidate postpones the examination without satisfactory reason he shall forfeit the paid up examination fees.

(2)Candidates found to have satisfactory reasons for postponing the examination shall be required to pay for any difference of fees between the current and paid up amount.

(3)Candidates shall not be allowed to withdraw from individual subjects; withdrawal shall be for the whole examination and candidates who withdraw from the examination shall forfeit their paid up examination fees.

74. Failure and re-sitting

(1)Any candidate who fails three or more subjects at the Intermediate Level examination in quantity surveying shall be required to re-sit the whole examination.

(2)A candidate who fails two subjects at the Final Level shall be required to re-sit the whole examination.

(3)A candidate who has failed in not more than two subjects at the Intermediate Level in quantity surveying will be required to re-sit the failed subject(s) and a candidate who has failed in one subject at the Final Level will be required to re-sit that subject.

(4)Subject to sub-by-law (3), any candidate is required to clear the referred subject(s) within three years after the announcement of the results of the examination for which the candidate was referred, after the expiry of this period, the candidate shall be required to repeat the whole examination.

(5)Notwithstanding the provisions of this By-law a candidate shall be allowed to re-sit failed subjects three times only and a candidate who does not clear the failed subjects in the three re-sits shall be required to re-sit the whole examination.

(6)The results of the examination will be treated on a pass or fail basis with a pass mark of fifty percent and will be communicated to every candidate soon after the Board has approved them.

75. Appeals to the Board

(1)Any candidate who is not satisfied with his results may request the Chairman of the Board for a review of examination results and marking of scripts.

(2)The request for a review of the results must be lodged within one month from the date of publication of the results and on payment of a non-refundable review fee equivalent to fifty percent of the examination fee of the subject.

(3)Any candidate who is not satisfied with the decision of the Board regarding his request for a review of the examination results may appeal to the Appeals Authority.

Part VI – Responsibilities for registered persons (bylaws 76-78)

76. Mode of practice

(1)Only architects or quantity surveyors shall conduct the business of architecture and quantity surveying and the business shall be carried out only through recognised and registered architectural or quantity surveying firms.

(2)Any architect or quantity surveyor found to be offering architectural or quantity surveying services in any form other than through a registered firm shall be liable to a penalty payable to the Board, or disciplinary action as shall be determined by the Board or both the penalty and the disciplinary action.

(3)Where a body of persons undertakes work on turnkey basis or on design and build method of procurement the architectural as well as quantity surveying components must be handled by architects and quantity surveyors as the case may be and that body must apply for registration and upon the Board being satisfied of the ability of the body to handle the project professionally, that Body may be registered as a firm on temporary category for the specific period of the project as provided for under section 12 of the Act.

77. Responsibilities of architects and quantity surveyors

(1)Every architect shall exercise reasonable skill and care in conformity with the normal standards of the architect's professions governed by the Act, the regulations and the By-laws made thereunder.

(2)Every architect in the cause of his duties must remember that the profession of architecture calls for men and women of integrity, technical competence, artistic ability and business capacity.

(3)It should be borne by every architect that, they are entrusted with responsibilities in which their honesty of purpose must be above suspicion; they must act as professional adviser to their client and their advise must be absolutely disinterested and they must act with entire impartiality between their client, his consultants and the contractors.

(4)It must be remembered by every Architect that they have a moral responsibility to their profession, other Architects, associates and subordinates and that they have a grave responsibility to the public to ensure that their work is safe and enhances the community and is dispensed with due care to the environment.

78. Articled pupils

(1)For the perpetuation of the professions, every architect and quantity surveyor shall have the duty of creating and providing opportunity for the practical training of candidates aspiring to become professional and refusal or failure to provide such training shall be considered to be a professional misconduct.

(2)An architect or a quantity surveyor proposing to receive candidates for training which are hereinafter referred to as an articled pupil, shall immediately inform the Board of the name and address of such pupil together with full particulars of his articles of pupillage.

(3)All articles of pupillage shall contain conditions relating to the obligations of pupil to principal and principal to pupil, the period of pupillage and all such conditions shall be submitted to and be approved by the Board.

(4)A registered person shall notify the Board of the completion or cancellation of a pupils articles of pupillage. In the event of cancellation the principal shall inform the Board of the reasons thereof, and upon completion or otherwise all articles of pupillages shall be endorsed by the Board.

Part VII – Code of ethics (bylaws 79-85)

79. Code of Conduct

(1)The code of Professional conduct shall be the standard of conduct to which all Architects, whether remunerated by fee or salary must adhere to.

(2)Any architect shall be entitled to refuse to do any act, which would cause the architect to contravene the Board's code of Professional Conduct.

(3)The architect will act on behalf of the client in the matters set out or implied in the architect's appointment, and, he will obtain the authority of the client before initiating any service or work stage.

(4)The architect shall not make any material alteration, addition to or omission from the approved design without the knowledge and consent of the client, except if found necessary during construction for constructional reasons in which case the architect shall inform the client without delay.

(5)The architects will inform the client if the total authorised expenditure or the building contract period is likely to be materially varied.

(6)The preliminary and basic services which an architect will normally provide in fulfilment of his responsibilities are described under normal services of this section. It may be necessary for these services to be supplemented on a particular project to meet special circumstances or needs or which may be the subject of a separated appointment.

80. Appointment and employment of consultants

(1)Where the client employs the consultants, either directly or through the agency of the architect, the client will hold each consultant, and not the architect, responsible for the competence, general inspection and performance of the work entrusted to that consultant, provided that in relation to the execution of such work under the contract between the client and the contractors nothing in this clause shall affect any responsibility of the architect for issuing instructions or for other functions described as the duty of the architect under that contract.

(2)The architect shall have the authority to co-ordinate and integrate into the overall design the services provided by any consultant, however employed.

(3)Every specialist contractor, sub-contractor or supplier who is to be employed by the client for the design and execution of any part of the works may be nominated by the architect and the client will hold such contractor or sub-contractor or supplier, and not the architect, responsible for the competence, proper execution and performance of the work thereby entrusted to that contractor, sub-contractor or supplier. The architect shall be responsible for the direction and general co-ordination and integration of their design, and for such periodic supervision and inspection as may be necessary to ensure that the works are being executed in accordance with the contract. Constant supervision does not form part of architect's normal duties.

(4)Every client shall employ a contractor under a separate agreement to undertake construction or other works. The client will hold the contractor, and not the architect, responsible for the contractor's operational methods and for the proper execution of the works.

(5)The architect shall visit the site at appropriate intervals to the stage of construction as will be agreed with the client to inspect the progress and quality of the works and to determine that they are being executed generally in accordance with the contract documents. The architect will not be required to make frequent or constant inspections unless it has been so agreed at the beginning of the project and additional remuneration for this service has been agreed.

(6)Where a more frequent or constant inspection is required a clerk or clerks of works will be employed. He shall be approved by the architect and appointed as well as paid by the client. He shall be under the architect's direction and control.

(7)Where frequent or constant inspection by the architect is agreed to be necessary, a resident architect may be appointed by the architect on a part or full time basis and paid by the client or alternatively may be paid by the architect who shall be reimbursed by the client accordingly.

81. Liability of an architect

(1)The liability of the architect shall not cover costs other than for the reinstatement of the works limited to the extent of his fee. The cost of additional indemnity insurance to cover costs in excess of the architect's fees, if requested, shall be paid by the client, and the client shall assume the full responsibility for obtaining such insurance and the amount of such insurance if desired. All liability for consequential damage, including loss of profits, loss of business, and special incidental, consequential or other similar claims, whether or not the same are contemplated by the parties are hereby expressly excluded.

(2)The architect shall have no liability whatsoever for any part of the works not designed by him or under his responsibility or which has not been constructed under his administration and direction or in accordance with his directions. The architect has no liability whatsoever for any part of the works for which liability rests with the contractor or the supplier.

(3)Except where negligence can be proved, the architect shall have no liability whatsoever for any damage or loss resulting from any acts of contractors or suppliers which are not in accordance with the contract documents or the architect's instructions, or which are performed to any lesser specification than called for by the contract documents or which are patently sub-standard in execution expected by a competent contractor or supplier engaged on work similar to that covered within the scope of the works.

(4)Except where negligence can be proved, the architect shall have no liability whatsoever to the client for any violation of or contravention of any law whether statutory or otherwise or the rights of third parties unless these provisions and rights have been specifically brought to the notice of the architect by the client in writing at an appropriate stage of the works and stated as a part of the design brief.

(5)The architect shall have no liability whatsoever for the work of consultants or sub-contractors including but not limited to engineers, and quantity surveyors. The architect is responsible only for the direction and integration of such specialist work and not for its detailed design, supervision or performance.

Unprofessional conduct (bylaws 82-85)

82. Powers of Board

(1)Subject to section 16 of the Act the Board shall have power to define unprofessional conduct and shall issue professional practice notes, which will become part of the code of rules relating to professional conduct.

(2)The Board shall establish National procurement guidelines.

(3)Unprofessional conduct or professional misconduct in relation to a charge against registered person shall be conduct which the Board shall deem to be so after due inquiry.

83. Unprofessional conduct

In particular and not exclusively and without derogation of the powers of the Board under this By-law, an architect or quantity surveyor may be deemed by the Board to be guilty of unprofessional conduct or professional misconduct if he—

(a)does not ensure that his professional integrity is called into question as well as informing both his clients and all those who may be affected by his decisions prior to accepting the assignment, engages directly or indirectly in any of building trades, either as principal (except as owner of the building to be erected) or in a salaried capacity or practises as an auctioneer, house agent, manufacturer's agent or any other commercial undertaking related to the profession of an architect or of a quantity surveyor:Provided that nothing herein shall be deemed to prevent an architect or quantity surveyor from announcing land or sites or premises for sale or letting in connection with an estate to which he has been appointed surveyor;

(b)accepts any work which involves the giving or receiving of discounts or commissions or any other means that might amount to, or be construed to be, corruption;

(c)accepts any discount, gift or commission from contractors or tradesmen whether employed upon his work or not;

(d)owns or has a commercial interest, either as a director of a company or as a consultant or adviser or as a share holder in any material, device or invention used in a building without first informing his client there of and obtaining his sanction before specifying the use of it in works under his direction;

(e)advertises or publicly offers his services by means of circulars or otherwise or makes paid announcements in the press except publish in the press and notify his correspondents by post once of any change of address, opening of a new firm or branch office or alterations in the partnership or constitution of a firm;

(f)gives monetary consideration for the insertion of illustrations and descriptions of his work in the press or allows illustrations and descriptions of his work to be used by the publishers for extorting advertisements from unwilling contributions;

(g)exhibits his name outside his office and on buildings in the course of construction, alteration or extension in an ostentatious way or in lettering contrary to the By-law specifications;

(h)issues any drawings, specifications, bills of quantities, certificates or final accounts unless the same bears his name and signature;

(i)puts his name and signature on any document which he is not the author or was not done in his office under his supervision;

(j)shares or agrees to share fees or enter into partnership in regard to architectural or quantity surveying work with any person not registered:Provided that nothing herein shall be deemed to prevent an architect from entering into partnership with a quantity surveyor;

(k)takes part in any architectural competition limited or otherwise unless the conditions have been approved by the Board and conforms to the regulations governing promotion and conduct on architectural competitions;

(l)attempts in any way to secure work for which a competition has been instituted, except as competitor and in accordance with the conditions of that competition until the conditions of the competition have ceased to be operative;

(m)attempts to influence unfairly or dishonourably whether directly or indirectly the award in a competition;

(n)acts as architect or joint architect for a work, which is or has been the subject of a competition in which he is or has been engaged as assessor;

(o)as an assessor acts as a consulting architect unless he has been appointed as such prior to the inception of the competition, provided always that he may act as arbitrator in any dispute between the promoters and the selected architect;

(p)in the case of a quantity surveyor who wilfully destroys his original dimensions, abstracts, draft bill and any other documentary evidence necessary to verify his bill of quantities until twelve months after the final completion of the contract and the settlement of all accounts;

(q)attempts to supplant another architect or quantity surveyor or to compete by means of reduction of fees or by other inducement;

(r)knowingly proceeds with the work which was previously entrusted to another architect or quantity surveyor before communicating with the architect or quantity surveyor previously employed and inquiring and ensuring the fact that his engagement has been terminated;

(s)deviates from the scale of charges by charging less than the charges laid down under the entire part dealing with fee structure for architect's professional service without notifying the Board of his intention to do so and the reasons for and the extent of such deviation and receiving the Board's sanction;

(t)undertakes or accepts instructions for professional work on the basis that if a successful result is not attained a reduction of the fee laid down in the scale of charges will be made or that no fee will be charged;

(u)obtains or attempts to obtain architectural or quantity surveying work by means of offering or paying monetary or other valuable consideration or inducement to any person or persons or by any other improper means;

(v)acts other than in an impartial manner between the employer and the contractor or interpret the conditions of a contract other than with entire fairness as between all parties to the contract;

(w)pays another architect or quantity surveyor less than the fees set forth in the conditions of engagement and scale of charges for architects and quantity surveyors;

(x)knowingly contravenes the provisions of the Act or of these By-laws or makes a false declaration in his application for registration;

(y)conducts himself in a manner which, the Board may deem incompetent, dishonourable or grossly negligent in connection with the work performed by him as an architect or quantity surveyor;

(z)default, in respect of payment of any moneys due by him to the Board;

(aa)omits the names of partners or directors and their qualification, name of company's postal address or physical address.

84. Accountability

Notwithstanding the provision of by-law 83, a registered Architect or Quantity Surveyor shall be held responsible for the acts of members of his staff.

85. Issuance of practice notes

(1)The Board shall issue practice notes from time to time to regulate the activities and conduct of registered persons and once such practice notes are issued they shall be part of the code of professional conduct and shall be observed by the registered persons and firms.

(2)It shall be the responsibilities of every registered person to ensure that he is aware of the various practice notes issued by the Board.

Part VIII – Inquiries and appeals (bylaws 86-95)

86. Institution of inquiry

(1)Inquiry into the conduct of a registered person may be instituted by the Board upon the Board's initiative or upon complaint addressed to the Board in writing, made by or on behalf of any person alleging unprofessional conduct on the part of a registered person.

(2)The Board may conduct such inquiry or may refer the inquiry to a sub-committee appointed by the Board for the purpose.

87. Complainant to file particulars on affidavit if required

(1)The Board may require the complaint or any part thereof to be verified by affidavit.

(2)Upon receipt of a complaint against a registered person, the Board shall notify the person complained of, giving the Grounds of the complaint, the complaint shall be forwarded under cover of registered letter, sent to his last address acknowledged by the Registrar.

88. Explanation filed by defendant

The Board may call upon the person whose conduct is complained of or is under investigation to file, within ten days thereafter, an explanation in answer to the complaint and may require such explanation to be verified by affidavit.

89. Inquiry person complained of to appear in person and produce documents

The Board may summon before it any registered person against whom any complaint may be lodged or whose conduct may appear to the Board to require investigation or order such person to appear before a sub-committee appointed for the purpose of investigation and may call upon such person to produce any document, contract, book, paper, drawing, specification, quantities or other writing in his possession or under his control in any way relating to or concerning the complaint or matter under investigation and may hear any evidence and inspect any document which the complainant or the party complained against may desire to adduce.

90. Right of person complained of to appear before Board

Any person against whom the complaint is made shall have the right to appear before the Board to be heard personally and not through his advocate and may call such evidence and produce such documents as may be relevant.

91. Board's action on completion of the inquiry

The Board having inquired into the alleged misconduct of any person may—

(a)take no further action; or

(b)caution the person; or

(c)inflict on the person a penalty payable to the board; or

(d)direct his name be suspended or removed from the register or may take further legal action in accordance with sections 14 and 16 of the Act.

92. Committee to investigate and advise the Board

Where the Professional Practice Committee finds a registered architect or quantity surveyor guilty of misconduct and incompetence or he has been convicted of a criminal offence other than the one that has no material relevance to his fitness to practise as an architect or quantity surveyor, it will recommend to the Board the measures to be taken or sanction to be imposed on that person.

93. Procedures on complaints for professional misconduct

(1)The Professional Practice Committee shall be entrusted by the Board with the preliminary investigation of complaints of improper conduct by architects or quantity surveyors, made in any form in accordance with this Act.

(2)The Professional Practice Committee shall be entitled to advise the Board in all cases of misconduct amounting to disgraceful conduct, and to make such recommendations, as it thinks fit.

94. The Board must consider the facts before it

(1)Where the complaint is made by affidavit, the Board must consider the complaint itself on the affidavit. The Board must have regard only to the facts disclosed in the affidavit and may not consider evidence from any other source. The Professional Practice Committee in such cases should make no formal report to the board but where there is no objection to the Board obtaining from the Professional Practice Committee information with regard to previous decisions of the Professional Practice Committee on matters of professional conduct, or information with regard to previous decisions of the Professional Practice Committee given on cases which have come before that Committee the Board must have regard on such cases.

(2)The Professional Practice Committee, in investigating a complaint made otherwise than by affidavit, may make such inquiry as it thinks fit, and may ask the architect or quantity surveyor against whom a complaint is made otherwise than aforesaid for an explanation:Provided that they warn him in advance as follows—

(a)if, as a result of the investigation of the Professional Practice Committee a complaint by affidavit should be made, his reply or explanations may be used in evidence; and

(b)that he need not give any reply or explanation unless he desires to do so.

(3)If upon investigation it appears to the Professional Practice Committee that a complaint is likely to involve disgraceful conduct, the Registrar shall be instructed either—

(a)to invite the complainant to file an affidavit to the Board setting out the facts of the complaint; or

(b)to continue the investigation himself, or through a solicitor or other authorised official of the Board with a view to the preparation of an affidavit.

(4)If the Board is in doubt whether an affidavit disclosed a prima facie case, the Board may remit the case to the complainant, with the intimation that the facts disclosed in the affidavit do not present a prima facie case but that he is at liberty to swear a new affidavit with such additional evidence as he is able to produce.

(5)The Board shall act in a quasi-judicial capacity when considering an affidavit and it is undesirable that any of its members should present an affidavit of complaint, but there is no objection to a member of the Board directing the Registrar's attention to any matter of professional conduct which may appear to require investigation.

95. Appeals

(1)Any person who is aggrieved by a decision of the Board to refuse to pass him in the registration examination of the Board, or to refuse to register his name, or to remove his name from the register, or to suspend the effect of registration of his name or to refuse to restore his name to the register, may appeal to the Appeals Authority against the decision of the Board.

(2)In such an appeal the Appeals Authority may give such directions in the matter as it thinks proper.

(3)The Board may appear as respondent and be heard on appeal against its decision and for the purpose of enabling directions to be given as to the cost of such appeal, the Board shall be deemed to be a party thereto, whether or not it appears in the date on which the hearing of appeal takes place.

(4)At the hearing of the appeal a paper purporting to be a copy of an extract from the register or any document kept or published by the Registrar and purporting to be certified by the registrar to be a true copy or extract shall be admissible as evidence of the contents of the register or document.

(5)A person may appeal in the High Court against the decision of Appeals Authority.

Part IX – Mode of operation for architectural and quantity surveying firms (bylaws 96-109)

96. Interpretation

Any question arising out of the conditions of engagement and scale of professional fees and charges may be referred by architect or quantity surveyor or client to the Board for advice at any time, provided always that any difference or dispute between them shall be determined accordingly.

97. Settlement of disputes

(1)A difference or dispute may be agreed between the parties to be referred to the Board for an opinion, provided always that such a dispute shall be brought on a joint statement of undisputed facts, and the parties shall undertake to accept the Boards decision as binding and final.

(2)Any difference or dispute arising out of the conditions of engagement and scale of professional fees and charges which cannot be resolved by settlement before the Board therefore the matter shall be referred to the arbitration by a person to be agreed between the parties or failing to reach an agreement within 14 days the matter shall be referred to an arbitrator, to be nominated at the request of either party by the Attorney-General, provided that in a difference or dispute arising out of provisions relating to copyright, the arbitrator shall, unless otherwise agreed, be an architect.

98. Informing the Board

It shall be the obligation of the firms to inform the Board about the project within a period of thirty days when a project is secured, for the purpose of regulating the standards and monitoring the activities of the registered firms.

99. Architects Appointment Agreement

Except for minor works, all agreement for service between the architect and the client shall be governed by the Memorandum of Agreement as prepared by the Board. The indicative figure for minor works shall be issued by the Board but, this will consist of building works not exceeding total cost T.Shs. fifty million (50,000,000/=) in which case a confirming letter of appointment will suffice. Under no circumstances should an architect carry out work based on verbal agreement.

100. Assistant's work to be supervised

(1)It shall be an offence for any person not registered by this Board as an architectural assistant, quantity surveying assistant, architectural technician or architectural draughtsman to carry out work as such, and upon conviction shall be liable to a fine of between two million T.Shs. and 10 million T.Shs. or imprisonment for a term not less than one month but not exceeding twelve months.

(2)It shall be the duty of architectural assistant, quantity surveying assistant, architectural technician or architectural draughtsman to ensure that all his work is carried out under the supervision of an architect or a quantity surveyor, as the case may be. Contravention of this sub-by-law shall be a breach of duty whose penalty shall be five percent of the project cost as determined by the Board or fifty thousand T.Shs whichever is higher.

101. Remuneration

(1)The minimum remuneration of the architect shall be in accordance with a scale of fees and conditions specified in these by-laws and shall be revised from time to time by the Board.

(2)The architects' scale of fees provided under these by-laws does not include any remuneration for works normally performed by specialised consultants such as land surveyors, quantity surveyors, civil, structural, electrical or mechanical engineers. Where any work which would normally be performed by specialist consultants is performed by the architect's own staff, then subject to prior agreement by the client, an additional fee shall be charged in accordance with the scales recommended by the institution responsible for regulating the profession in question.

(3)Where work done by a client results in the omission of part of the normal service described under normal services, a commensurate reduction in fees may be made by prior written agreement, provided such an agreement schedules in detail the work to be done by the client which would otherwise have formed part of the normal service by the architect.

(4)Where on special terms approved by the Board a single firm or consortium provides the services of more than one profession, fees shall be the same as if such services were provided independently. Any consolidated fees shall therefore be the sum of the appropriate fees for the individual professional services rendered.

102. Copyright

(1)Copyright of all documents and drawings prepared by the architect and in any works executed from those documents and drawings shall, unless otherwise agreed on a specific contract be entered into for the sale of such a copyright, remain the property of the architect according to the Copyright and Neighbouring Rights Act ³.³Cap. 218

(2)The client unless otherwise agreed, will be entitled to reproduce the architect's design by proceeding to execute the project provided that—

(a)the entitlement applies only to the site or part of the site to which the design relates;

(b)the architect has completed the scheme design or has provided detail design and necessary production in formation including the bills of quantities; and

(c)any fees due to the architect have been paid.

(3)The entitlement provided under sub-by-laws (1) and (2) shall apply to the maintenance, refurbishment, repair, renewal, alteration, restoration, reconstruction, renovation, rehabilitation or conservation of building works.

(4)Where an architect has not completed the scheme design, or where the client and the architect have agreed that paragraph (2) of this clause shall not apply the client may not reproduce the design by proceeding to execute the project without the consent of the architect and payment of any additional fee that may be agreed in exchange for the architect's consent.

(5)The architect shall not unreasonably withhold his consent under this by-law but where his services are limited to making and negotiating planning applications he may withhold his consent unless otherwise determined by an arbitrator appointed in accordance with By-law 97 which deals with settlement of disputes.

Assignment to be by consent

(6)Notwithstanding the provisions of this by-law neither the architect nor the client may assign to others the whole or any part of his duties without the other's written consent.

103. Suspension and termination

(1)The architect shall give immediate notice in writing to the client of any situation arising from force majeure which makes it impracticable to carry out any of the agreed services, and shall agree with the client to a suitable course of action.

(2)The client may suspend the performance of any or all of the agreed services by giving at least sixty days' notice in writing to the architect.

(3)If the architect has not been given instructions to resume any suspended service within six months from the date of suspension the architect will make written request for such instructions which must be given in writing. If the instructions have not been received within thirty days of the date of such request the architect will have the right to treat the appointment as terminated upon the expiry of the thirty days.

(4)An engagement agreement entered into between the architect and the client may be terminated at any time by either party on the expiry of at least 14 days after notice given in writing, when the architect shall be entitled to remuneration in accordance with the performed work on partial service in this section.

(5)

(a)Should the architect through death or incapacitation be unable to provide the agreed services, the contract will thereby be terminated.

(b)In such an event the client may on payment or tender of all outstanding fees and expenses, make full use of reports, drawings or other documents prepared by the architect in accordance with and for use under the agreement, but only for the purpose for which they were prepared.

Regulations for architectural competition (bylaws 104-106)

104. Definition

(1)Any request or invitation made to more than one person or firm seeking for architectural information or a service that would normally be provided by an architect other than the Curriculum Vitae of the persons contacted will be considered as architectural competition and shall be bound by these by-laws.

Restrictions

(2)No architect shall take part in any architectural competition, which has not been approved by the Board.

105. Conditions to be met

All architectural competitions shall have the following as a pre-condition for approval by the Board:

(a)a clearly defined objective and conditions of competition;

(b)a jury consisting of at least three members and not more than seven members;

(c)the Registrar of the Board or his appointed representative shall appoint the jury after consultation with the competition sponsors;

(d)subject to paragraph (c), the composition of the jury shall consist predominantly of seasoned architects and such other members, as the Registrar shall deem fit to make up the required number;

(e)there must be prizes to be offered by the competition sponsors and the prizes shall be to the top three proposals, other prizes may be awarded at the discretion of the sponsors;

(f)the prizes and the competition conditions and criteria for assessment shall be announced at the beginning of the competition such that all competitors are aware of them at the outset;

(g)if a competition is cancelled after the expiry of half the competition time but before the announcement of the winning entry, then the competition sponsor will compensate all those who were taking part in the competition by paying them the actual cost they will prove to have incurred up to the time of cancellation;

(h)if the competition is cancelled or the sponsor decides not to proceed with its implementation after the announcement of the winning entry, then the competition winner will be paid 20 percent of the fees which would have become due to him had he been appointed and undertaken work as an architect for the project.

106. Jury to rank entries

(1)The jury shall rank all entries according to performance against the criteria for assessment and shall announce the authors of top three proposals and other prize winners if any.

(2)The jury's decision shall be final and shall not be subject to review by anybody, save where irregularities or other illegal practices have been proved.

(3)Any architect, quantity surveyor or their firms, that participates in any competition contrary to the provisions of this by-law, shall have committed a professional misconduct for which he shall pay the prescribed penalty to the Board.

Various statutory applications and permits (bylaw 107)

107. Application for the permits

(1)Subject to the provisions of section 23 of the Act, any public or private institutions or organisation which deals with the approval of architectural or quantity surveying drawings or documents, shall ensure that prior to consideration of such submissions the drawings or documents have been lodged by a registered architect or quantity surveyor as the case may be.

(2)Where an architect offers service for approving architectural drawings or documents, the fee charges shall be in accordance with time charges in by-law 110 of these by-laws.

(3)Failure to observe the provisions in this By-law shall be an offence committed against the Republic by both the person submitting the document and the person approving the documents and upon conviction both will be liable for a jail sentence of not less than two months and not more than six months.

Office auditing procedures (bylaw 108)

108. Board to conduct office audits

(1)When ensuring that only those supposed to undertake or offer architectural or quantity surveying services in this country are engaged in the respective services, the Board may conduct auditing for any architectural and quantity surveying office or any other office thought to be offering such services as, and when it deems appropriate.

(2)Upon verifying that there are services being offered in a way it is not proper, the Board shall either summon the person to the professional practice committee for hearing and/or take legal action against the defaulting party.

(3)Any person who refuses to co-operate with the Board while undertaking such auditing or an attempt to hide information shall amount to a breach of conduct whose penalty shall be as prescribed by the Board.

(4)It will be the obligation of the employers employing architects and quantity surveyors to file the particulars of their employees with the Board within thirty (30) days of his employment and also during the period of payment of annual subscriptions.

(5)The Board shall have the power to enquire from the employers about the particulars of their employees who are employed to render services in architecture or quantity surveying.

Construction site book or architect's instruction book (bylaw 109)

109. Site inspection book

(1)For control purposes every Building Construction Site shall have a site book referred to as the Architect's Instruction Book in which the project architect will record his observations every time he makes a site inspection.

(2)Every architect who fails to observe the above procedure shall commit an offence liable to punishment on which penalty shall be counted for the whole period the site has operated or continues to operate without the site book.

(3)If the site book does not give evidence that the project architect has been conducting periodical inspection, as provided under sub-by-law (1), the architect shall be charged a prescribed weekly penalty for any single period exceeding one month since the last inspection visit.

(4)The Architect's Instruction Book shall be of the format that shall be approved by the Board, failure to use the appropriate book shall amount to a breach of conduct whose penalty shall be based on the time the site has been using the inappropriate book.

Part X – Fee structure for architect's professional service (bylaw 110)

110. Architect's services and fees

To safeguard the standard of performance and integrity of the profession, the fees for architect's services set out below shall be construed as the mandatory minimum. Architects are free to charge higher rates. The mandatory minimum fees apply to the normal architect's services as set out below. For other services fees shall be based on time charges as provided in this by-law.

Part 1 – Architect's services

This part describe Preliminary and Basic Services which an architect will normally provide.

Preliminary services

Work Stages A and B

Work Stage A: Inception

1.1The architect will discuss the client's requirement including time scale and any financial limits; assess these and give general advice on how to proceed; agree the architect's services.

1.2The architect shall obtain from the client information on ownership and any lessors and lessees of the site, any existing buildings on the site, boundary fences and other enclosures, and any known easements, encroachments, underground services, rights of way, rights of support and other relevant matters.

1.3The architect shall visit the site and carry out an initial appraisal.

1.4The architect shall advise on the need for other consultant's services and on the scope of these services.

1.5The architect shall advise on the need for specialist contractors, sub-contractors and suppliers to design and execute part of the works to comply with the architect's requirements.

1.6The architect shall advise on the need for site staff.

1.7The architect shall prepare where required an outline timetable and fee basis for further services for the client's approval.

Work Stage B: Feasibility

1.8The architect shall carry out such studies as may be necessary to determine the feasibility of the client's requirements, review with the client alternative design and construction approaches and cost implications, advise on the need to obtain planning permissions, approvals under the Building Act or regulations, and other similar statutory requirements.

Basic services

Work Stages C to L

Work Stage C: Outline proposals

1.9With consultants where appointed, the architect will analyse the client's requirements; prepare outline proposals and an approximation of the construction cost for the client's preliminary approval.

Work Stage D: Scheme design

1.10With consultants where appointed, the architect will develop a scheme design from the outline proposals taking into account amendments requested by the client; prepare cost estimate; where applicable give an indication of possible start and completion dates for the building contract. The scheme design will illustrate the size and character of the project in sufficient detail to enable the client to agree the spatial arrangements, materials and appearance.

1.11With consultants where appointed, the architect shall advise the client of the implications of any subsequent changes on the cost of the project and on the overall programme.

1.12Where required, the architect shall make application for planning permission. The permission itself is beyond the architect's control and no guarantee that it will be granted can be given.

Work Stage E: Detail design

1.13With consultants where appointed, the architect shall develop the scheme design; obtain the client's approval of the type of construction, quality of materials and standard of workmanship; co-ordinate any design work done by consultants, specialist contractors, sub-contractors and suppliers; obtain quotations and other information in connection with specialist work.

1.14With consultants where appointed, the architect shall carry out cost checks as necessary; advise the client of the consequences of any subsequent changes on the cost and programme.

1.15The architect shall make and negotiate where required, applications for approvals under the legislation governing buildings or other statutory requirements.

Work Stage F and G: Production information and bills of quantities

1.16With consultants where appointed, the architect shall prepare production information including drawings, schedules and specification of materials and workmanship; provide information for bills of quantities, if any, to be prepared: all information complete in sufficient detail to enable a contractor to prepare a tender.

Work Stage H: Tender action

1.17Where relevant, the architect shall arrange, for other contracts to be let prior to the contractor commencing work.

1.18The architect shall advise on and obtain the client's approval to a list of tenderers.

1.19The architect shall invited tenders from approved contractors; appraise and advise on tenders submitted. Alternatively, arrange for a price to be negotiated with a contractor.

Work Stage J: Project planning

1.20The architect shall advise the client on the appointment of the contractor and on the responsibilities of the client, contractor and architect under the terms of the building contract; where required prepare the building contract and arrange for it to be signed by the client and the contractor; provide production information as required by the building contract.

Work Stage K: Operations on site

1.21The architect shall administer the terms of the building contract, during operations on site.

1.22The architect shall visit the site as appropriate to inspect generally the progress and quality of the work.

1.23With consultants where appointed, the architect shall make where required periodic financial reports to the client including the effect of any variations on the construction cost.

Work Stage L: Completion

1.24The architect shall administer the terms of the building contract relating to the completion of the works.

1.25The architect shall give general guidance on maintenance.

1.26The architect shall provide the client with a set of drawings showing the building and the main lines of drainage; arrange for drawings of the services installations to be provided.

Part 2 – Other services

This part describes services which may be provided by the architect to augment the preliminary and basic services described in Part 1 or which may be the subject of a separate appointment. The list of services so described is not exhaustive, hence is subject to addition whenever necessary—

Surveys and investigations

Where needed, the architect shall:

2.1Advise on the selection and suitability of sites; conduct negotiations concerned with sites and buildings.

2.2Make measured surveys, take levels and prepare plans of sites and buildings.

2.3Provide services in connection with soil and other similar investigations.

2.4Make inspections, prepare reports or give general advice on the condition of premises.

2.5Prepare schedules of dilapidation and negotiate them on behalf of landlords or tenants.

2.6Make structural surveys to ascertain whether there are defects in the walls, roof, floors drains or other parts of building which may materially affect its safety, life and value.

2.7Investigate building failures; arrange and supervise exploratory work by contractors or specialists.

2.8Take particulars on site; prepare specifications and/or schedules for repairs and restoration work, and inspect their execution.

2.9Investigate and advise on problems in existing buildings such as fire protection, floor loading, sound insulation, or change of use.

2.10Advise on the efficient use of energy in new and existing buildings.

2.11Carry out life cycle analyses of buildings to determine their cost in use.

2.12Make an inspection and valuation for mortgage or other purposes.

Development services

2.13Prepare special drawings, models or technical information for the use of the client or for applications under planning, building act, building regulation or other statutory requirements, or for negotiations with ground landlords, adjoining owners, public authorities, licensing authorities, mortgagors and others, prepare plans for conveyancing, land registry and other legal purposes.

2.14Prepare development plans for a large building or complex of buildings, prepare a layout only, or prepare a layout for a greater area than that which is to be developed immediately.

2.15Prepare layouts for housing, industrial or other estates showing the siting of buildings and other works such as roads and sewers.

2.16Prepare drawings and specification of materials and workmanship for the construction of housing, industrial or other estate roads and sewers.

2.17Provide services in connection with demolition works.

2.18Provide services in connection with environmental studies.

Design services

2.19Design and advise on the selection of furniture and fittings; inspect the making up of such furnishings.

2.20Advise on and prepare detailed designs for works of special quality such as shopfitting or exhibition design, either independently or within the shell of an existing building.

2.21Advise on the commissioning or selection of works of art; supervise their installation.

2.22Carry out specialist acoustical investigations.

2.23Carry out special constructional research in connection with a scheme design, including the design, construction or testing of prototype buildings or models.

2.24Develop a building system or mass-produced building components; examine and advise on existing building systems; monitor the testing of prototype buildings and models.

Cost estimating and financial advisory services

2.25Carry out cost planning for a building project, including the cost of associated design services, site development, landscaping, furniture and equipment; advise on cash flow requirements for design cost, construction cost and cost in use.

2.26Prepare schedules of rates or schedules of quantities for tendering purposes, value work executed where no quantity surveyor is appointed. Fees for this work are recommended to be in accordance with the Professional Charges for quantity surveyors as per the by-laws.

2.27Carry out inspections and surveys; prepare estimates for the replacement and reinstatement of buildings and plant; submit and negotiate claims following damage by fire or other causes.

2.28Provide information, make applications for and conduct negotiations in connection with local authority, government or other grants.

Negotiations

2.29Conduct exceptional negotiations with planning authority.

2.30Prepare and submit an appeal under planning acts; advise on other work in connection with planning appeals.

2.31Conduct exceptional negotiations for approvals under building acts or regulations; negotiate waivers or relaxations.

2.32Make submissions to the Department of Antiquities and other similar statutory bodies.

2.33Submit plans of proposed building works for approval of landlords, mortgagors, freeholders or others.

2.34Advise on the rights and responsibilities of owners or lessees including rights of light, rights of support, and rights of way; provide information; undertake any negotiations.

2.35Provide services in connection with party wall negotiations.

2.36Prepare and give evidence; settle proofs; confer with solicitors and counsel; attend court and arbitration, appear before other tribunals; act as arbitrator.

Administration and management of building projects

2.37Provide site staff for frequent or constant inspection of the works.

2.38Provide management from inception to completion; prepare briefs; appoint and co-ordinate consultants, construction manager, agents and contractors; monitor time, cost and agreed targets; monitor progress of the works; hand over the building on completion; equip, commission and set up any operational organisations.

2.39Provide services to the client, whether employer or contractor, in carrying out duties under a design and build contract.

2.40Private services in connection with separate trades contracts; agree a programme of work; act as co-ordinator for the duration of contracts.

2.41Provide services in connection with labour employed directly by the client; agree a programme of work; co-ordinate the supply of labour and materials; provide general supervision; agree the final account.

2.42Provide specially prepared drawings of a building "as built".

2.43Compile maintenance and operational manuals; incorporate information prepared by other consultants, specialist, contractors, sub-contractors and suppliers.

2.44Prepare a programme for the maintenance of a building; arrange maintenance and contracts.

Specialised services are normally provided by architect's consultants

2.45Provide such services as:

(a)Quantity surveying;

(b)Structural engineering;

(c)Mechanical engineering;

(d)Electrical engineering;

(e)Landscape and garden design;

(f)Civil engineering;

(g)Town planning;

(h)Furniture design;

(i)Graphic design;

(j)Industrial design;

(k)Interior design.

Where consultant's services are provided from within the architect's own office or by consultants in association with the architect it is recommended that fees be in accordance with the hourly charges of the relevant professional services.

Other Special Services that are subject to additional fees are as elaborated below—

1. Town planning

Fees for town planning work shall be in accordance with the professional service charges, subject to the following proviso—

(i)all layouts shall be charged on a time basis;

(ii)all time charges shall be in accordance with Part 4 of this by-law.

2. Garden and landscape design

(a)The cost of all site work designed under the direction of the architect under the same or separate building, civil engineering or landscape contracts, shall be included in the total construction cost of the works, and the architect shall be entitled to the appropriate percentage fees for normal or partial service, except that—

(b)Fees for the first US$10,000 or equivalent T.Shs. of all works shall be charged on time basis.

(c)Fees for the normal service for roads and sewers shall be in accordance with the Scale of Charges for General Civil Engineering Works of the Association of Consulting Engineers.

(d)The fees for special design of garden furniture and ornaments shall be as for the design of furniture in the paragraph providing for Interior Design.

(e)Specialist advice on the selection of plants and materials, visits to nurseries, etc., and all other additional services shall be charged on a time basis.

3. - Interior design

Where special services are required in respect of interior design work in a new or existing building, such work being distinct from normal alterations to an existing building and excluding all external works and any major structural alterations, and the architect is employed only on this work, or it is executed under a special sub-contract or a contract separate from that for other works on which the architect may be employed, fees will be as follows—

(a)For the normal service described in Part 1 of this section with the addition of special sketch studies, detailed advice on the selection of all furniture, fittings, and soft furnishings, and supervision of the making up of such furnishings the percentage fee for each stage of the normal service shall be double that for new works.

(b)The architect shall separate the construction costs of interior design work on which such special fees are calculated from the total construction cost on which he is receiving a fee for the normal services.

(c)Neither the total construction costs nor the fee for the normal services shall be abated where other designers are employed on interior design work executed under the direction of the architect.

4. Shop fitting and exhibition work

(a)For shop fitting and exhibition design including both the remodelling of existing shops and the design of new units both independently and within the shell of existing buildings, irrespective of whether the architect is employed for shop fitting design only or the work forms part of a general building contract, the percentage fee for each stage of the normal service will be double that for new works.

(b)Where shop fitting drawings are provided by specialist sub-contractors the fee shall be as for the normal service described in Part 3 of this Schedule.

5. Furniture and fittings

(a)For advising on the selection and suitability of loose furniture fittings and soft furnishings and supervision of their installation including the making up of soft furnishings, fees shall be on a time basis.

(b)For the design of special items of furniture for limited production only the percentage shall be 15 percent of the total production cost. Alternatively, fees may be on a time basis.

(c)Payment for the design of mass-produced items of furniture may be by royalty or by time and sale of copyright. Fee for the design of prototypes should be on a time basis, but may be an advance on royalties.

6. Works of art

For advising on the commissioning of special works of art, the selection of paintings and sculpture, etc., and for supervising their installation, fees shall be on a time basis.

2.46- Consultancy services

Provide services as a consultant Architect on a regular or intermittent basis.

Part 3 – Conditions of architect's appointment

This part describes the general conditions which shall apply to an architect's appointment. If different or additional conditions are to apply, they should be set out in the Schedule of Services and Fees or letter of appointment.

3.1The architect will exercise reasonable skill and care in conformity with the normal standards of the architect's profession.

Architect's authority

3.2The architect shall act on behalf of the client in the matters set out or implied in the architect's appointment; the architect shall obtain the authority of the client before initiating any service or work stage.

3.3The architect shall not make any material alteration, addition to or omission from the approved design without the knowledge and consent of the client, except if found necessary during construction for constructional reasons in which case the architect shall inform the client without delay.

3.4The architect shall inform the client if the total authorised expenditure or the building contract period is likely to be materially varied.

Consultants

3.5Consultants may be nominated by either the client or the architect, subject to acceptance by each part.

3.6Where the client employs the consultants, either directly or through the agency of the architect, the client shall hold each consultant, and not the architect, responsible for the competence, general inspection and performance of the work entrusted to that consultant:Provided that in relation to the execution of such work under the contract between the client and the contractor nothing in this paragraph shall affect any responsibility of the architect for issuing instructions or for other functions ascribed to the architect under that contract.

3.7The architect will have the authority to co-ordinate and integrate into the overall design the services provided by any consultant, however employed.

Contractors, sub-contractors and suppliers

3.8A specialist contractor or supplier who is to be employed by the client to design any part of the works may be nominated by either the architect or the client, subject to acceptance by each party the client will hold such contractor, sub-contractor or supplier and not the architect, responsible for the competence, proper execution and performance of the work thereby entrusted to that contractor, sub-contractor or supplier. The Architect will have the authority to co-ordinate and integrate such work into the overall design.

3.9The client will employ a contractor under a separate agreement to undertake construction or other works. The client will hold the contractor, and not the architect, responsible for the contractors operational methods and for the proper execution of the works.

Site inspection

3.10The architect shall visit the site at intervals appropriate to the stage of construction to inspect the progress and quality of the works and to determine that they are being executed generally in accordance with the contract documents. The architect shall not be required to make frequent or constant inspections.

3.11Where frequent or constant inspection is required a clerk or clerks of works will be employed. They may be employed either by the client or by the architect and will in either event be under the architect's direction and control.

3.12Where frequent or constant inspection by the architect is agreed to be necessary, a resident architect may be appointed by the architect on a part or full time basis.

Client's instructions

3.13The client shall provide the architect with such information and make such decisions as are necessary for the proper performance of the agreed service.

3.14The client, if a firm or other body of persons, will when requested by the architect, nominate a responsible representative through whom all instructions will be given.

Copyright

3.15Copyright in all documents and drawings prepared by the architect and in any works executed from those documents and drawings shall, unless otherwise agreed, remain the property of the architect.

3.16The client, unless otherwise agreed, will be entitled to reproduce the architects design by proceeding to execute the project, provided that:

(a)The entitlement applies only to the site or part of the site to which the design relates; and

(b)The architect has completed work stage D or has provided detail design and production information in work stages E, F and G; and

(c)Any fees due to the architect have been paid or tendered.

This entitlement will also apply to the maintenance, repair and renewal of the works.

3.17Where an architect has not completed work stage D, or where the client and the architect have agreed that clause 3.16 shall not apply, the client may not reproduce the design by proceeding to execute the project without the consent of the architect and payment of any additional fee that may be agreed in exchange for the architects consent.

3.18The architect shall not unreasonably withhold his consent under clause 3.17 but where his services are limited to making and negotiating planning applications he may withhold his consent unless otherwise determined by an arbitrator appointed in accordance with clause 3.26.

Assignment

3.19Neither the architect not the client may assign the whole or any part of his duties without the others written consent.

Suspension and termination

3.20The architect shall give immediate notice in writing to the client of any situation arising from force majeure which makes it impracticable to carry out any of the agreed services, and agree with the client a suitable course of action.

3.21The client may suspend the performance of any or all of the agreed services by giving reasonable notice in writing to the architect.

3.22If the architect has not been given instructions to resume any suspended service within six months from the date of suspension the architect will make written request for such instructions which must be given in writing. If these have not been received within 30 days of the date of such request the architect will have the right to treat the appointment as terminated upon the expiry of the 30 days.

3.23The architects appointment may be terminated by either party on the expiry of reasonable notice given in writing.

3.24Should the architect through death or incapacity be unable to provide the agreed services, the appointment will thereby be terminated, in such an event the client may, upon payment or tender of all outstanding fees and expenses, make full use of reports, drawings or other documents prepared by the architect in accordance with and for use under the agreement, but only for the purpose for which they were prepared.

Settlement of disputes

3.25Any difference or dispute arising on the fees charged may, by agreement between the parties, be referred to the Board, for an opinion provided that—

(a)the architect's appointment is based on these By-laws and has been agreed and confirmed in writing; and

(b)the opinion is sought on a joint statement of undisputed facts; and

(c)the parties undertake to accept the Board's opinion as final and binding upon them.

3.26Any difference or dispute arising out of the appointment which cannot be resolved in accordance with clause 3.25 shall be referred to arbitration by a person to be agreed between the parties or, failing agreement within 14 days after each party has given to the other a written request to concur in the appointment of an arbitrator, a person to be nominated at the request of either party by the Chairman of the Board of Architects and Quantity Surveyors, provided that in a difference dispute arising out of provisions relating to copyright, clauses 3.15 to 3.18 the arbitrator shall unless otherwise agreed, be an architect.

3.27Nothing herein shall prevent the parties agreeing to settle any difference or dispute arising out of the appointment without recourse to arbitration.

Governing laws

3.28The application of these conditions shall be governed by the laws of Tanzania.

Part 4 – Minimum mandatory fees and expenses

This part describes the recommended methods of calculating mandatory minimum fees for the architects services and expenses. Fees may be based on a percentage of the total construction cost or on time expended, or may be a lump sum. This part shall be read in conjunction with Parts 1, 2 and 3.

Percentage fees

4.1The percentage fee scales shown in first schedule (graph) are for use where the architects appointment is for the basic services described in Part 1 for new works having a total construction cost between US$ 30,000 and US$ 7,500,000. For works outside this range, the client and architect shall agree an appropriate fee basis at the time of appointment.

4.2Percentage fees are based on the total construction cost of the works, and on the issue of the final certificate fees should be recalculated on the actual total construction cost.

4.3Total construction cost is defined as the cost, as certified by the architect, of all works including site works executed under the architect's direction, subject to the following—

(a)The total construction cost includes the cost of all work designed by consultants and co-ordinated by the architect.

(b)The total construction cost does not include specialist sub-contractor design fees for work on which consultants would otherwise have been employed. Where such fees are not known, the architect will estimate a reduction from the total construction cost.

(c)For the purpose calculating the appropriate fee, the total construction cost includes the actual or estimated cost of any work executed which is excluded from the contract but otherwise designed by the architect.

(d)The total construction cost includes the cost of built in furniture and equipment where the cost of any special equipment is excluded from the total construction cost the architect may charge additional fees for work in connection with such items.

(e)Where any materials, labour or carriage is supplied by a client who is not the contractor, the cost will be estimated by the architect as if it were supplied by the contractor, and included in the total cost.

(f)Where the client is the contractor, a statement of the ascertained gross cost of the works may be used in calculating the total construction cost of the works. In the absence of such a statement, the architect's own estimate will include an allowance for the contractor's profit and overheads.

4.4Buildings are divided into five classes for fee calculation purposes, for guidance only. The building types most likely to fall into each class are shown in the Third Schedule.

Repetition

4.5The classification of buildings in the Third Schedule takes account of reduced design work arising from the nature of the building.

4.6Where a building is repeated for the same client the recommended fee for the superstructure may be reduced on all except the first of any houses of the same design and on all except the first of all other building types of the same design.

4.7Where a single building incorporates a number of identical compartments such as floors or complete structural bays the recommended fee may be reduced on all identical compartments in excess of ten.

4.8Reductions should be made by waiving the fee for work stages, E, F and G where a complete design can be re-used without modification other than the handing of a plan.

Time charge fees

4.9Time charges are based on hourly rates of principals and other technical staff. In assessing the hourly rate all relevant factors should be considered, including the complexity of the work, the qualifications, experience and responsibility of the architect, and the character of any negotiations. Hourly rates for principals shall be agreed. The hourly rate for technical staff should be not less than the following—

Principal	T.Shs. 45,000/=
Senior Architect	T.Shs. 38,000/=
Junior Architect	T.Shs. 24,000/=
Architectural Assistant	T.Shs. 15,000/=
Technician	T.Shs. 15,000/=
Draughtsman	T.Shs. 8,000

4.10Technical staff are defined as architectural and other professional and auxiliary staff, where the architect is responsible for deducting PAYE and National Insurance contributions from those persons salaries on behalf of the Tanzania Revenue Authority (TRA).

4.11Gross annual income includes bonus payments plus the employees share of contributions towards National Insurance, pension and private medical schemes and other emoluments such as car and accommodation allowances.

4.12Where staff are provided by an agency hourly rates shall be agreed.

4.13Where site staff are employed by the architect hourly rates shall be agreed.

4.14Unless otherwise agreed no separate time charges will be made for secretarial staff or staff engaged on general accountancy or administrative duties.

4.15The architect will maintain records of time spent on services performed on a time basis. The architect will make such records available to the client on reasonable request.

Lump sum fees

4.16The architect may agree with the client to charge a lump sum fee for any of the services described in Parts 1 and 2 in appropriate circumstances, for example where—

(a)the clients requirements are provided in a form such that the architect is not obliged to undertake any additional preparatory work;

(b)the full extent of the service can be determined when the architect is appointed; and

(c)the architect's services can be completed within an agreed period.

Works to existing buildings

4.17The percentage fee scales shown in the Second Schedule (graph) are for use where the architects appointment is for the Basic Services described in Part 1 for alterations or extensions to an existing building.

4.18Where extensions to existing buildings are substantially independent, percentage fees should be as is shown under the First Schedule for new works, but the fee for those sections of the works which marry existing buildings to the new should be charged separately as is indicated under the Second Schedule applicable to an independent commission of similar value.

4.19Where the architects appointment is for repair and restoration work fees should be on a time basis, alternatively a percentage fee may be agreed.

4.20Where the architects appointment is in connection with works to a building of architectural or historic interest, or to a building in a conservation area, higher fees may be charged.

Compounding of fees

4.21By agreement the percentage or lump sum fee may be compounded to cover all or any part of the architect's services and expenses.

Interim payments

4.22Fees and expenses should be paid in instalments either at regular intervals or on completion of work stages of the Basic Services (Part 1).

4.23Where interim payment of percentage or lump sum fees is related to completion of work stages of the Basic Services the recommended apportionment is as follows.

Workstage	Proportion of fee	Cumulative total
C	15%	15%
D	20%	35%
E	20%	55%
FG	20%	75%
HJKL	25%	100%

Fees in respect of work stages H to L should be paid in instalment proportionate to the work completed or the value of the works certified from time to time. Interim payments should be based on the current estimated cost of the works.The apportionment of fees is a means of assessing interim payments and does not necessarily reflect the amount of work completed in any work stage, by agreement an adjustment in the apportionment may be made.

Partial services

4.24The architect may be required to provide only part of the Basic Services (Part 1). In such cases the architect will be entitled to a commensurate fee.

4.25Where work is to be done by or on behalf of the client, resulting in the omission of part of work stages C to L, or a sponsored construction method is to be used, a commensurate reduction in the recommended percentage fee may be agreed. In assessing the reduction, due account should be taken of the need for the architect to become thoroughly familiar with the work done by others and a familiarisation fee will be charged for this work.

4.26All percentage fees for partial services should be based on the architects current estimate of the total construction cost of the works. Such estimates may be based on an accepted tender or, on the lowest of unaccepted tenders. Where partial services are provided in respect of works for which the executed cost is not known and no tender has been accepted percentage fees should be based either on the architects estimated total construction cost or on the most recent cost limit agreed with the client, whichever is the lower.

4.27Fees for partial services may alternatively be on a time or lump sum basis.

Suspension, resumption and termination

4.28On suspension or termination of the architects appointment the architect will be entitled to fees for all work completed at that time. Fees will be charged on a partial service basis.

4.29During such period of suspension the architect will be reimbursed by the client for all expenses and disbursements necessarily incurred under the appointment.

4.30On the resumption of a suspended service within six months, previous payments will be regarded solely as payments on account towards the total fee.

4.31Where the architect's appointment is terminated by the client the architect will be reimbursed by the client for all expenses and disbursements necessarily incurred in connection with work then in progress and arising as a result of the termination.

Expenses and disbursements

4.32In addition to the fees charged the architect will be reimbursed for all expenses and disbursements properly incurred in connection with the appointment, including the following—

(a)printing, reproduction or purchase costs of all documents, drawing, maps, models, photographs and other records, including all those used in communication between architect, client, consultants and contractors and for enquiries to contractors, subcontractors and suppliers, notwithstanding any obligation on the part of the architect to supply such documents to those concerned, except that contractors will pay for any prints additional to those to which they are entitled under the contract;

(b)hotel and travelling expenses, including mileage allowance for cars at current rates;

(c)all payments made on behalf of the client, such as expenses incurred in advertising for tenders and resident site staff including the time and expenses of interviewers and reasonable expenses for interviewees;

(d)fees and other charges for specialist professional advice, including legal advice, which have been incurred by the architect with the specific authority of the client;

(e)the cost of postage, telephone charges, telex messages, telegrams, cables, facsimiles, air freight and courier services;

(f)rental and hire charges for specialised equipment, including computers, where required and agreed by the client;

(g)where work charged on a percentage fee is at such a distance that an exceptional amount of time is spent travelling additional charges may be made.

4.33The architect will maintain records of all such expenses and disbursements and will make these records available to the client on reasonable request.

4.34Expenses and disbursements may by agreement be estimated or standardised in whole or in part or compounded for an increase in the percentage or lump sum fee.

4.35The client will pay all fees in respect of applications under planning and building Acts and other statutory requirements.

Variations

4.36Where the scope of the architect's services is varied fees may be adjusted accordingly.

4.37Where the architect is involved in extra work and expense for reasons beyond the architects control additional fees are due. Any of the following is likely to involve the architect in extra work and expense—

(a)the need to revise reports, drawings, specifications or other documents due to changes in interpretation or enactment or revisions of laws, statutory or other regulations;

(b)changes in the client's instructions or delay by the client in providing information;

(c)delays in the building contract operations, delay resulting from defects or deficiencies in the work of the contractor, sub-contractors or suppliers;

(d)any other cause beyond the architects control.

Value Added Tax

4.38The amount of any Value Added Tax (VAT) on the services and expenses of the architect arising under the relevant Finance Acts will be chargeable to the client in addition to the architects fees and expenses.

Classification of building types

4.39The classification of building types and the calculation of fees for all types of buildings shall be based on the graph provided under the Third Schedule.

Part XI – Fee structure for quantity surveyor's professional service (bylaw 111)

111. Quantity surveyor's services and fees

To safeguard the standard of performance and integrity of the profession, the scale of charges (fee) for quantity surveyor's service set out below are to be construed as the mandatory minimum. Quantity surveyors are free to charge higher rates. The mandatory minimum fees apply to the normal quantity surveyor's services.

AConditions of Engagement

A.1The scale of charges for the preparation of bills of quantities set out under paragraph B.1(a) is an overall scale based upon the inclusion of all amounts designated provisional or prime cost in nature which do not normally call for measurements.

A.2The measurement and valuation of variations and the preparation of statements of account at the conclusion of the works are separate services for which the scale is set out under paragraph B.1(b).

BScale of Charges

B.1 – Lump sum contracts

The following shall be the charges to be made by a quantity surveyor in architectural works in connection with:

(a)Taking off, preparing bills of quantities and tender action:

(i)basic scale – 2½ percent upon the estimated cost of the work;

(ii)works of alteration - the charges in subparagraph (i) shall be increased by not less than ½ percent in respect of works of alteration according to the nature of the work.

Generally - fees shall be calculated on the basis of the accepted tender for the whole of the work and shall be paid within 30 days after the submission of the tender report but in the event of no tender being received the fees shall be calculated upon a reasonable valuation of the work, based upon the original bills of quantities and if no tender is accepted or contract entered into, the fees shall be paid within 30 days of the completion of the bills of quantities.In the case of works being abandoned, stopped or delayed during the preparation of the bills of quantities, the quantity surveyor shall be entitled to the foregoing fee in full or part in proportion to the amount of work done by the quantity surveyor and payment thereof shall be made within 30 days of such completion or partial completion of the work.In calculating the amount on which fees are payable, the total of the credit bill (if any) and the total of any alternative bills shall be added, but any omission bill forming part of an alternative bill shall not be included unless actual measurement is necessary to arrive at the omission.The cost of typing and duplicating, lithographing or printing the bills of quantities is not included in the above scale but shall be charged in addition at the net amount payable to the individual or individuals who execute the work.

(b)Measuring and making up accounts of variations upon contracts, including pricing and agreeing totals with contractors—3 percent upon the gross amount of the additions including fluctuations and additions due to direct loss and/or expenses; 1 percent upon the gross amount of the omissions less the total of the provisional sums and work omitted as a whole.

(c)When bills of quantities are prepared for several distinct works, including housing, being a repetition of one design the fee of 2½ percent shall be charged on one complete work so repeated and a fee half of the first design fee percentage shall be charged on each repetition of the design constructed, provided that all works or portions of works re-measured shall be charged for at the full rate of 2½ percent.This arrangement does not apply to the duplicating of portions of the same work, in which case the full commission shall be charged on the total cost.

(d)Measuring from drawings and specifications and preparing bills of quantities of labour only or materials only, the fee to be double the foregoing rates.

(e)Taking off and preparing bills of quantities or measuring for and making up accounts for decoration contracts shall be changed at the rate of 2 percent above the rates of the foregoing paragraphs.

(f)Pricing bills of quantities shall be charged at the rate of ½ percent.

(g)Preparing approximate quantities including first stage tenders and estimating upon same shall be charged at the rate of ½ percent upon the estimated cost or alternatively a charge to be based upon the time involved.

(h)Surveying work in progress, taking particulars and reporting for interim certificates shall be charged at the rate of ½ percent upon each valuation less the amount of any previous valuation or valuations upon which fees shall have been paid, or alternatively, a charge to be based upon the time involved.

(i)Taking particulars on site and writing specifications for works of alterations or repair shall be charged at the rate of 7½ percent upon the amount to be expended, or alternatively, a charge based upon the time involved.

(j)Measuring from completed works and preparing bills of quantities shall be charged at the rate of 3 percent.

(k)Preparing a full cost analysis shall be charged at the rate of ½ percent of the value of the work (as defined in paragraph B.1(a)(iii), or alternatively a charge to be based upon the time involved.

(l)Preparation of bills of reduction when tenders exceed the budget or when the employer desires to reduce the scope of work shall be charged at the rate of 1½ percent upon the gross amount of the work so reduced or alternatively a charge to be based upon the time involved.

(m)Advice on financial implications of proposed variations, which are finally not executed shall be 3 percent upon the gross amount of the proposed variations or alternatively a charge to be based upon the time involved.

(n)Preparation of complete bills of quantities for re-tendering purposes after determination of the contractors employment a charge shall be as defined in paragraph B.1(a)(ii).

(o)Abnormal pre-award negotiations with contractors and reporting thereon and assisting the employers in law suits, probe committees and arbitration proceedings, a charge to be based upon the time involved.

B.2 – Work executed with old materials

When work is to be, or has been executed wholly or in part with old materials or where material, labour or carriage is provided by the building owner, the percentage shall be calculated as if the works were to be or had been executed throughout by a contractor and with new materials.

B.3 – Schedule contracts

(1)For preparing, pricing and agreeing schedules of prices in architectural works, a charge shall be based upon the time involved.

(2)The charge for measuring based on schedule and making up accounts including pricing and agreeing totals shall be 3 percent upon the gross amount of the account.

(3)The above percentage applies only the complete measurement and valuation of the buildings or building operations when undertaken as a whole and included in one account.

(4)When the measurement proceeds by stages involving the preparation of periodic bills, then the percentage shall be increased by ½ percent.

(5)In cases where any of the materials used in construction are supplied by the building owner the percentage charge shall be made upon the estimated or actual value thereof as though the work had been executed with new materials supplied by the contractor.

B.4 – Prime cost contracts

Charges to be made for checking prime cost in "cost plus profit" contracts and making up final accounts of work executed shall be 2½ percent, except on work necessitating measurement which shall be paid for at the rates laid down in paragraph B.2 and B.3 of this Schedule.

B.5 – Civil engineering work

Except as otherwise provided the charges for quantity surveying services in relation to work which can be classed as civil engineering work shall as regards percentages, be half those for architectural work but the same as the latter in respect of charges based upon time, travelling and out-of-pocket expenses.

B.6 – Works where scales are inapplicable

Where works are of such a character that percentage of other stated charges are clearly inapplicable time charges shall be made in accordance with paragraph B.11 of this Schedule.

B.7 – Building surveying

For making relevant inspection, preparing reports or giving advice on the structural or sanitary condition of premises by a building surveyor, the charge shall be by time in accordance with paragraph B.11 of this Schedule, the minimum fee being one hundred and twenty thousand shillings in addition to the cost of assistants.

B.8 – Litigation and arbitration

The charges shall be those set out in paragraph B.7 of these By-laws.

B.9 – Dilapidation

The charges shall be those set out in paragraph B.7 of these By-laws.

B.10 – Travelling time

An additional charge may be made by prior written agreement if the work should be at such a distance as to lead to an exceptional expenditure of time in travelling.

B.11 – Time charges

In cases where charges are based upon the time occupied, the minimum fee per hour shall be as follows—

Principal quantity surveyor	T.Shs. 35,000/=
Senior quantity surveyor	T.Shs. 30,000/=
Quantity surveyor	T.Shs. 20,000/=
Quantity surveying assistant	T.Shs. 10,000/=

B.12 – Expenses

The scale shall be in all cases, exclusive of the cost of appliances, copies of documents, lithography, travelling and hotel expenses and all other reasonable disbursements, which shall be charged in addition.

Part XII – Site activity auditing (bylaws 112-114)

112. Procedures for evaluation/inspection

(1)The Registrar of the Board or the secretariat staff or any other person appointed by the Board shall have power to enter, inspect and audit any building, construction site and in fulfilment of this task, where it deems necessary police assistance from the nearest police station if sought shall be granted.

(2)When conducting site activity auditing, there shall be used standard inspection forms that shall be filled during the site visit. Any person found at the site on behalf of the site authority shall sign the forms.

(3)The site-auditing officer shall be entitled to get any information regarding the operations of the site. These may include access to all project drawings, taking photographs, and any other information that shall be required by the officer.

(4)The officer will register his/her name and signature in the construction site book found at the site. Where the site book is missing the inspecting officer will leave a special letter of guidance at the site.

(5)Regardless of the size, scope and type of the building, the owner, financier, promoter, developer of any building structures that provides service or accommodates activities that are in any manner public in nature, must at any moment be ready to provide evidence of having sought for architect's authorisation in the suitability of the said structure to provide public service.

(6)Failure to provide such evidence shall imply a disregard to the well being and safety of the rest of the community and shall attract a prescribed penalty per day for the whole period the structure will remain unverified by an architect about its suitability to cater for the purposes it services.

(7)For the safety of users and the public in general, all buildings of all uses, prior to being used should have an occupation certificate issued by the relevant authority's architect. Those buildings which where occupied prior to the establishment of these By-laws should seek such certificates to demonstrate compliance and permit continued use.

(8)The certificate of occupancy shall, when demanded, be shown to the auditing officer failure to have and show or display such a certificate after the end of twelve calendar months from the date of publishing these By-laws in the Government Gazette shall be a breach of these By-laws and shall attract a prescribed penalty depending on the class of the building.

Issuance of stop orders (bylaw 113)

113. Stop Orders

(1)The Registrar may make inquiries to relevant authorities in enforcement of compliance with the above provision. Upon failure of that clients, local or foreign, government or private, International organisations, NGOs, promoters, developers, owners or sponsors to comply with the requests of the Registrar, the Registrar shall issue a Stop Order the effect of which shall be to suspend the continuance of the works until the necessary provisions of the Act and the regulations made under it are complied with.

(2)Provided however, in case of government institutions the Registrar shall apply and receive within 14 days consent in writing from the Attorney-General before issuing such Stop Order. Failure of the Attorney-General to issue consent within 21 days shall be interpreted as consent and the Registrar shall be empowered to issue such Stop Order.

(3)Failure of a project owner, executing agent, contractor, builder or developer or financier as the case may be, to respect the instructions of the Board, shall empower the Registrar to issue a Stop Order, seek legal action against the client, owner, contractor and the executing agent responsible, and seek an injunction against further activities until compliance to the Act is effected.

(4)The Board shall be informed in writing where the role of the Ministry of Works as the custodian of all Government buildings is to take pre-eminence.

(5)All costs and fees for the filing and registration of particulars as per the above provisions shall be borne by the sponsor or the executing agent.

Administration of penalties (bylaw 114)

114. Board's powers regarding penalties

Procedures for the administration of different forms of penalties shall among others, include those stipulated under different sections of the By-laws. Where the defaulter has been informed of the requirement to pay prescribed penalty and he has ignored the Boards call, other legal means of enforcing that penalty shall be used by the Board.

Part XIII – Advertisements and communications (bylaws 115-129)

115. Controlled methods of identification

Controlled methods of identification that shall be used by practitioners in the fields of architecture and quantity surveying shall include office name plaques, firm letterheads, standard projects administration certificates and construction site signboards.

Office name plaques (bylaws 116-120)

116. Office plaques compulsory

All professional firms' offices shall have office plaques.

117. Name plaques display

The office plaque shall be positioned in the office front door and/or for high rise buildings any where in the entrance lobby. The office plaque shall remain in position during all the period the office remains registered with the Board.

118. Lettering

The lettering in the office plaque should be not more than 20 mm in size.

119. Information on plaque

The office plaque shall contain the following information—

(a)the name of the firm;

(b)the firm's registration number from the registrar of companies;

(c)firm's logo, if any.

120. Penalty

(1)Failure to adhere to above conditions regarding the name-plate will lead to a prescribed daily penalty for the whole period it has remained uncorrected. Such penalty to be levied to the Firm and payable to the Board.

(2)Failure to mount an office plaque shall be subject to a prescribed penalty.

Firm letterheads (bylaws 121-123)

121. Firms to use letterheads

Each firm shall have letterheaded paper which will be used in its official communications. A sample of the letterheaded papers shall be submitted to the Board for records and whenever there are changes in the letterheaded paper the Board must be informed of the changes within 30 days.

122. Information on letterheads

The letterheaded paper shall contain the following information—

(a)the name of the firm;

(b)postal address;

(c)physical address;

(d)telephone and fax Nos. (if any);

(e)e-mail address (if any);

(f)the names and qualifications of all partners or directors shall appear at the bottom of the paper written with letter size not exceeding 4 mm.

(g)the biggest letter size in the letterheaded paper shall not be more than 10 mm.

123. Design and use of letterheads

The letterheaded paper shall be designed and prescribed so as not to cause any embarrassment or disgrace to the profession. Any contravention of the By-laws governing the design and use of the letterheaded paper shall be subject to a prescribed penalty.

Standard projects administration certificates (bylaw 124)

124. Standard certificates and forms

While dispensing the professional services, every architectural or quantity surveying project certification shall be issued using standard project administration certificates or forms as approved by the Board.

Construction site signboards (bylaws 125-129)

125. Signboards on construction sites

All building construction sites whether taking place in planned or unplanned area shall have a signboard.

126. Mounting of signboards

(1)The signboard shall be erected as part of preliminaries or preparation for construction work, but in any case before the main construction work is started.

(2)The signboard shall be positioned in a prominent position within the site, near the boundaries or adjacent to the site main gate and it shall be clearly visible to the public. Where there is a signboard but wrongly positioned, it will lead to a prescribed penalty per day for the whole period it has remained in the wrong position. Such penalty to be levied to both the project architect and quantity surveyor separately, and payable to the Board.

(3)Where there is no signboard at the construction site, a prescribed penalty for non-positioning of the same for the entire period it remains missing, shall be levied to the project owner, client, financier or developer as the case may be and payable to the Board.

127. Demounting the signboard

(1)The signboard shall remain in position until the construction work is completed or until the construction activities have ceased to take place. In either case, the signboard shall be demounted within the period of 30 days from the date of practical completion or from the date of cessation of construction activities. Construction will be considered to have ceased to take place if for a continuous period of 60 days no construction work is done on site.

(2)Failure to de-mount the signboard within the period stated above will attract a prescribed penalty per each day the signboard remains mounted in contravention to the above stated provision.

128. Signboard to contain information

The signboard shall contain the following information and in the order shown here—

(a)Project name and owner. This shall be written using 100 mm Helvetica Medium letters written in white on black background.

(b)Planning consent and building permit numbers. These shall be written in 25 mm. black letters on blue background. Where the signboard does not contain such information it shall attract a prescribed penalty to be borne by the project owner, developer, financier, architect, quantity surveyor and contractor, all parties charged separately and payable to the Board.

(c)Names of consultants and contractors involved in the project. This shall be written in black on white background using Helvetica Medium letters. The consultant's title shall be in 50 mm. letters and the consultants name shall be in 75 mm. letters. The order of appearance shall be—

(i)Architect;

(ii)Project Manager (if appointed);

(iii)Structural Engineer;

(iv)Quantity Surveyor;

(v)Mechanical Engineer;

(vi)Electrical Engineer;

(vii)Other Consultants, (if any);

(viii)Main Contractor;

(ix)Specialist Sub-contractors (if any).

(d)Individual company logos where preferred may appear on the right hand side of the company name.All signboards shall have the Architects and Quantity Surveyors Registration Board logo, appearing on the left-hand side of the name of the architectural and quantity surveying firms involved in project. A valid Board's logo shall be only that which has been issued from the Board, the disregard of which shall attract a prescribed penalty.

(e)A detailed standard format of the signboards shall be as illustrated in schedule 4.

129. Penalty for inadequate signboard

Any signboard which does not adequately abide by provisions of these By-laws shall attract a prescribed penalty borne by the project owner, developer or financier.

Part XIV – Schedule of payments and penalties (bylaws 130-131)

130. Payment to be prompt

(1)All prescribed penalties and payments shall be paid within twenty-one days from the date of the invoice. Any delays in payment will attract an interest rate of 2% above the current normal Bank rates.

(2)At the time of formulation of these By-laws the US Dollar was equivalent to eight hundred Tanzanian shillings. When any payments are to be made pursuant to these By-laws and if the exchange rate applying at the time is different from that used to fix the amount to be paid, then the figures will be recalculated such that the amount to be paid in Tanzanian shillings is equivalent to the amount in US dollars intended based on the rate applying at the time of formulation of these By-laws.

131. Schedule of payments

Payments prescribed under different paragraphs of these by-laws shall be as shown here under—

Serial No.

Paragraph

Sub-paragraph

Requirement

Amount T.Shs.

–

Application forms for various requirements

5,000

(3)

Failure by Government Department or Public Institution to deploy an architect or quantity surveyor prior to commencement of work

500,000

–

Fee for list of registered persons or any information extracted from the registers

10,000

(3)

Penalty for failure to make application for registration before entering the country

US$ 5,000

(1)

Registration certificate fee

20,000

(3)

Failure to submit updated annual information about individuals

20,000

(4)

Failure to submit updated annual information about the firm

50.000

(1)

Failure to contribution to professional capacity building

100.000

–

Amount and manner of payment of registration fee:

Nature of Fee	Registration Fee		Annual Subscription Fee
Category of Registration	Local T.Shs.	Foreign US$	Local T.Shs.	Foreign US$
Architect	60,000	400	40,000	300
Quantity Surveyor	60,000	400	40,000	300
Architectural Assistants	30,000	N/A	20,000	N/A
Quantity Surveying Assistant	30,000	N/A	20,000	N/A
Architectural Technician	21,000	N/A	14,000	N/A
Architectural Draughtsman	10,000	N/A	5,000	N/A
Architectural Firm	300,000	10,000	200,000	5,000
Quantity Surveying Firm	300,000	10,000	200,000	5,000
[Note:N/A = Not Allowed. Board Discretion to be sought in special cases.]

10.

(4)

Board's examination fees in T.Shs.

Profession

Architecture

Quantity

Surveying

Level

Final

Intermediate

Law and architecture

30,000

Professional activities

30,000

Measurement of Building works

20,000

Measurement of Building services

20,000

Building economics

20,000

Professional practice

30,000

20,000

Practical problem

30,000

Review Course per subject

25,000

11.

(2)

Penalty for unprofessional conduct

not exceeding $1000

12.

(c)

Penalty for conducting architectural or quantity surveying business without using properly registered firms

Between 500,000 and 5,000,000 T.Shs.

13.

106

(3)

Penalty for participating in an unapproved competition

Between 1,000,000 and 10,000,000 T.Shs.

14.

108

(3)

Penalty for withholding information or misinforming during office audits

Between 100,000 and 1,000,000 T.Shs.

15.

109

(2)

Failure to keep Architect's site instruction book

50,000 or 2,000 T.Shs. per day for each day in default

16.

109

(3)

Failure to conduct regular site inspections

T.Shs. 10,000 per week

17.

109

(4)

Use of unapproved site book format

T.Shs. 50,000 per month

18.

112

(6)

Failure to provide architect's authorisation in the suitability of the building for the intended use

T.Shs. 1000 per day

19.

112

(8)

Failure to have and show or display occupation Certificate (All shown in T.Shs.)

According to the class of building shown in Schedule 3 as follows:

Type	Class 1	Class 2	Class 3	Class 4	Class 5
Industrial	500	1000	2000
Agricultural	500	500	500
Commercial	1000	2000	3000	4000	5000
Community		3000	5000	6000	7000
Residential		3000	2000	1000	500
Educational			4000	5000	6000
Recreational			5000	5000	5000
Medical/Social Service			7000	10,000	10,000

Serial No.

Paragraph

Sub-paragraph

Requirement

Amount T.Shs.

20.

120

(1)

Wrong presentation of office plaque

T.Shs. 1000/= per day

21.

120

(2)

Failure to mount an office plaque

T.Shs. 500,000

22.

123

Contravention of the letterheaded paper provisions

T.Shs. 50,000

23.

126

(2)

Wrong positioning of the signboard

T.Shs. 1 ,000 per day

24.

126

(3)

Non-positioning of the signboard

T.Shs .50,000 per month

25.

127

(1)

Disregard to the requirement of mounting a signboard

T.Shs. 2000/= per day

127

(2)

Not showing on the site signboard the planning consent and the Building Permit Number from the relevant authority

As in Clause 128(viii) penalty and per each party mentioned.

27.

128

(e)

Disregard of putting a valid Board's logo on the signboard for the entire period it is to be mounted

T.Shs. 5,000/= per month

28.

129

Mounting up inadequate signboard

T.Shs. 50,000/=

Part XV – Amendments (bylaw 132)

132. Powers of amendment

Subject to the Minister's consent, the Board shall have the power to revoke, change, revise, amend, add, correct, suspend any or all of these By-laws from time to time and in the exercise of these powers any conflict in interpretation and enforcement between these By-laws and those made subject to this paragraph the later shall prevail.

Schedule 1

Recommended percentage fee scale for new yorks (US$ '000)

Schedule 2

Recommended percentage fee scale for works to existing buildings (US$ '000)

Schedule 3

Classification of building for guidance

Type	Class 1	Class 2	Class 3	Class 4	Class 5
Industrial	Storage sheds	Speculative factories and warehouses Assembly and machine workshops Transport garages	Purpose-built factories and warehouses
Agricultural	Barns and sheds	Stables	Animal breeding units
Commercial	Speculative shopsSurface car parks	Multi-storey and underground car parks	Supermarkets BanksPurpose built shopsOffice developmentsRetail warehousesGarages/ ShowroomsMotor vehicle fuel filling stations	Department storesShopping centresFood processing unitsBreweriesTelecommunications and computer buildingsRestaurantsPublic houses	High risk research and production buildingsResearch and development labsRadio, TV and recording studios
Community		Community halls	Community centresBranch librariesAmbulance and fire stationsBus stationsRailway stationsAir portsPolice stationsPrisonsPostal buildingsBroadcasting	Civic centres Churches and crematoriaSpecialist librariesMuseums and art galleriesMagistrates/ County courts	TheatresOpera housesConcert hallsCinemasCrown courts
Residential		Dormitory hostels	Estate housing and flatsBarracksSheltered housingHousing for single peopleStudent housing	Parsonages/ mansesApartment blocksHostelsHousing for the handicappedHousing for the frail/elderly	Houses and flats for individual clients
Educational			Primary/ nursery/ first schools	Other schools including middle and secondaryUniversity complexes	University laboratories
Recreational			Sports hallsSquash courts	Swimming poolsLeisure complexes	Leisure pools Specialised complexes
Medical/ Social Service			Clinics	Health centresGeneral hospitalsNursing homes surgeries	Teaching hospitalsHospital laboratoriesDental surgeries

Schedule 4

Signboard standard format

	Name / owner of project
	Planning consent and building permit numbers.
Architect Board's logo	Company name / address / Tel	Company logo (if any)
Project manager (if appointed)	Company name / address / Tel	Company logo (if any)
Structural engineer	Company details	Company logo (if any)
Quantity survey boards logo	Company name / address / Tel	Company logo (if any)
Mechanical engineer	Company name / address / Tel	Company logo (if any)
Electrical engineer	Company name / address / Tel	Company logo (if any)
Other consultant (if any)	Company name / address / Tel	Company logo (if any)
Main contractor	Company name / address / Tel	Company logo (if any)
Specialist sub-contractor (if any)	Company name / address / Tel	Company logo (if any)

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History of this document

31 July 2002 this version

Consolidation

05 May 2000

Commenced

Cited documents 2

Act 2

1.	Copyright and Neighbouring Rights Act, 1999	36 citations
2.	Architects and Quantity surveyors (Registration) Act	8 citations

Documents citing this one 3

Gazette 3

1.	Tanzania Government Gazette dated 2003-05-16 number 20
2.	Tanzania Government Gazette dated 2003-07-11 number 28
3.	Tanzania Government Gazette dated 2004-06-11 number 24