Republic Act No. 9266: The Architecture Act of 2004
Republic Act No. 9266: The Architecture Act of 2004
Short Title: Marked as "The Architecture Act of 2004".
State Policy and Aims:
- Recognizes the essential role of architects in nation-building and development.
- Aims to nurture competent and well-rounded architects through rigorous licensure examinations and professional development programs.
Definitions:
- Architecture: Combines art and science in the planning, design, and construction of buildings; considers utility, strength, and beauty.
- Architect: A registered and licensed individual who is qualified and responsible for architectural practices, including advocacy for environment and society’s needs.
- Roles within Architecture:
- Architect-of-record: Directly responsible for total project design and civil liability.
- Architecture-in-charge of construction: Oversees construction supervision.
- Consulting Architect: Possesses specialized expertise in a specific architectural branch.
- General Practice of Architecture: Involves architectural design, supervision, and administration of construction processes; ensures all activities comply with regulations regardless of the residency of individuals.
- Scope of Practice: Encompasses various services including:
- Planning and design.
- Consultations and feasibility studies.
- Project management and execution of renovations or restorations.
- Detailed planning of utility systems and space utilization.
Creation and Functions of the Regulatory Board:
- Professional Regulatory Board of Architecture:
- Composed of a chairman and two members appointed by the President from nominations by a professional organization.
- Responsible for licensing, monitoring the practice, and developing regulations for architecture.
- Board Members' Qualifications:
- Must be Filipino citizens, active architects with at least 10 years of experience, and never convicted of moral turpitude.
- Powers and Duties:
- Implement and enforce rules and regulations.
- Provide oversight on licensure, including administering examinations and issuing certificates.
- Establish ethical standards for practice.
Examination and Licensure:
- All candidates must pass a licensure exam covering several subjects including:
- History/Theory of Architecture.
- Structural Design and Construction Methods.
- Candidates require a minimum average score of 70% and no less than 50% in any subject to pass.
Professional Registration Requirements:
- Only licensed individuals can practice and use the title "Architect".
- Existing registered architects upon enactment are automatically registered under new provisions.
- Foreign architects must secure temporary permits and fulfill conditions before practicing.
Penalties and Violations:
- Engaging in unlicensed practice or fraudulent activities can result in fines ranging from PHP 100,000 to PHP 5 million, and imprisonment.
- Any entity requiring architects to work without a contract also faces penalties.
Integration and Continuous Professional Development (CPD):
- Mandated integration of the architecture profession into a national organization.
- CPD is necessary for professional growth, ensuring that architects maintain competency in their field.
- CPD programs are not mandatory for license renewal but encouraged for knowledge enhancement.
Final Provisions and Enforcement:
- The Act’s provisions will not override other professional laws.
- The Commission and Board responsible for enforcing the Act and prosecuting violators.
- Provisions take effect 15 days post-publication in major newspapers or official gazettes.