Regulation of the Title Architect

Transcription

1 Regulation of the Title Architect Frequently Asked Questions Contents Introduction Why is the title architect regulated?... 2 a) Why is a process of Registration needed?... 2 b) How does the Building Control Act protect consumers?... 2 c) Why is the RIAI now writing to people practising as architects who are not on the Register? Who needs to register as an architect?... 3 d) Who do the provisions about the title architect apply to?... 3 e) Is all use of the word architect regulated?... 3 f) I am qualified and registered in another State, do I have to register to be based here?... 3 g) I don t run my own practice, I am an employee, do I have to register?... 4 h) I describe myself as an architect because I have my qualifications, but I am not actually providing architectural services, can I continue to do this? Can I register, and if so how?... 4 i) How do I register if I have recognised qualifications from within the Irish State?... 4 j) How do I register if I have been practising as an architect but do not have recognised qualifications?... 4 k) How do I register if I have qualifications/recognition as an architect from an EU/EEA Member State?... 6 l) How do I register if I have undertaken my qualifications outside the EU/EEA or in more than one country? Other issues... 8 m) What is the difference between RIAI Membership and Registration?... 8 n) I can t/don t wish to register, what about my business?... 8 Introduction Prior to the commencement of the Building Control Act 2007 there was no legal regulation of use of the title of Architect. Any individual could call him or herself an architect and offer services to the public as such. This situation failed to provide protection to the consumer who had no way of knowing: a. whether service providers describing themselves as architects had been objectively assessed as possessing the knowledge, skill and competence required to deliver architectural services, or b. whether service providers presenting as architects were subject to a code of conduct with adequate measures for client recourse.. Part 3 of the Building Control Act 2007, which sets out the process for the Registration of Architects, has been introduced by the State to address this failure. The following set of Frequently Asked Questions is provided to give some clarity with regard to use and regulation of the title architect. The questions are set out in four groups: N5.7_ (4) D _ FAQ re regulation of title architect_22_11_2011 p. 1 of 8

2 1. Why is the title architect regulated? 2. Who needs to register as an architect? 3. Can I register, and if so how? 4. Other issues 1. Why is the title architect regulated? a) Why is a process of Registration needed? Registration of the title architect is needed to protect consumers and to promote quality in the built environment. Until the enactment of the Building Control Act in 2007 there was no control on who could claim to be an architect and provide services on that basis. Unfortunately, at times this left the unsuspecting consumer vulnerable to poor service and low standards without adequate recourse. For example: Opinion research carried out for the RIAI prior to the introduction of the Act revealed that 87% of the public held the view that persons using the title architect had to have appropriate academic and professional qualifications even though that was not the case; In 2004, the year prior to the publication of the Building Control Bill 2005, the RIAI received 141 complaints from the public about the activities of people claiming to be architects, who did not in fact hold recognised architectural qualifications; 80% of all of those complaints received by the RIAI in 2004 related to such unqualified architects. This issue was brought to a head by a March 2005 RTE Prime Time special which showed the great difficulties that can be caused to unsuspecting consumers by unqualified and unregulated (i.e. through a code of conduct) people claiming to be architects. That year, the then Minister for the Environment announced that he would introduce legislation to ensure that only suitably qualified and assessed people could be included on a Register of Architects and offer services to the public on this basis. b) How does the Building Control Act protect consumers? The Act establishes a number of different systems to protect the consumer s interests. Defined Level of Competence All architects on the Register are required to reach an internationally recognised level of knowledge, skill and competence that has been independently assessed. In the event of difficulties arising an architect can be judged against this standard and appropriate action taken. Code of Conduct and the Professional Conduct Committee The Act provides for a statutory procedure to deal with consumer complaints, namely the Professional Conduct Committee (PCC). The committee is independent in its decision making and is comprised of a majority of non-architects nominated by the Minister. The PCC has the powers, rights and privileges of a High Court Judge in relation to enforcing the attendance of witnesses, examination under oath and compelling the production of documents. The Act puts in place mechanisms to deal with complaints relating to poor professional performance as well as to professional misconduct. N5.7_ (4) D _ FAQ re regulation of title architect_22_11_2011 p. 2 of 8

3 Mediation Many of the issues raised with the RIAI by consumers/clients relate to poor professional performance and the Act provides for mediation where these matters can be resolved relatively quickly between the parties. c) Why is the RIAI now writing to people practising as architects who are not on the Register? Under the Building Control Act, only people on the Register can call themselves architect in a manner suggesting they are registered and the RIAI is required to ensure that this is the case. The register was established in November 2009 and adequate time has elapsed for individuals to take reasonable steps to regularise their positions. The RIAI has been conducting nationwide research to ascertain whether all of those using the title architect are in fact registered as implied. Through this painstaking process we have compiled a list of individuals who may be using, or have used, the title architect without being registered. At this stage, the RIAI s objective is to ensure that all of those who may be misusing the title are fully aware of the legal situation and the options available to them. 2. Who needs to register as an architect? d) Who do the provisions about the title architect apply to? Anyone using the title architect, either alone or in combination with any other words or letters, or name, title or description, implying that the person is so registered, and Anyone who practices or carries on business under any name, style or title containing the word architect e) Is all use of the word architect regulated? No, certain professional titles are permitted: (a) landscape architect, (b) naval architect, (c) architectural technician, (d) architectural technologist, (e) interior design architect f) I am qualified and registered in another State, do I have to register to be based here? If you wish to use the title architect in this State, excepting the exclusions noted, you must be registered. Registration is a matter for individual States and registration does not transfer from one State to another, although there are EU/EEA mechanisms for simplifying the process (see Route D of the Admission Routes). N5.7_ (4) D _ FAQ re regulation of title architect_22_11_2011 p. 3 of 8

4 g) I don t run my own practice, I am an employee, do I have to register? Yes. To describe yourself as an architect as set out in the Act, you must be registered, whether you are an employee or a principal, in the public or the private sector. h) I describe myself as an architect because I have my qualifications, but I am not actually providing architectural services, can I continue to do this? No. The Act provides specifically for use of title, it does not address function. Describing yourself as an architect implies that you are registered and bound by the Code of Conduct. So to use the title you must be registered. 3. Can I register, and if so how? The Building Control Act sets out a number of different ways to demonstrate eligibility to register. The RIAI admissions website sets out the various routes to registration at Note: The numbered references included here, e.g. 14(2)(a)(II), refer to the relevant section of the Building Control Act i) How do I register if I have recognised qualifications from within the Irish State? Qualifications awarded in Ireland (14(2)(a)) The approach to registration most often taken by architects qualifying in Ireland is a prescribed degree in architecture and a professional practice examination. This is Route A1. It is also possible to seek a derogation from taking the professional practice examination by applying through Route C which requires a prescribed degree and seven years post-graduate professional experience performing duties commensurate with those of an architect. The seven years experience is assessed through the submission of a self-assessment. An interview may or may not be required, this is decided on a case by case basis. Route A1: Prescribed Qualifications (14(2)(a)(I)) have a prescribed qualification in Architecture, and have passed a prescribed post-graduate Examination in Professional Practice. Route C: Prescribed Qualification and experience assessment (14(2)(a)(II)) have a prescribed qualification in Architecture, and have acquired seven or more years of post-graduate practical experience j) How do I register if I have been practising as an architect but do not have recognised qualifications? There are a number of routes to registration available for those who have acquired the knowledge skill and competence required for recognition as an architect to undergo assessment and seek registration on that basis. Three are currently available: Technical Assessment; The Register Admission N5.7_ (4) D _ FAQ re regulation of title architect_22_11_2011 p. 4 of 8

5 Examination and Distinguished Practice. Another assessment process, the Minister s List, closed some years ago but those recognised under this process may seek registration on that basis at any time. Route E: Technical Assessment (14(2)(h)) To pursue this route you must have been performing duties commensurate with those of an architect for 10 or more years in this State prior to 1 May There is no closing date or annual cycle, you apply when your application, including the required submission, is ready. The RIAI will be running workshops to help prospective applicants to engage with the process. These workshops will begin in early If you are interested in participating in the workshops pleased contact Antje Baeger abaeger@riai.ie. There have been eight applications to date under Technical Assessment. One is still in the assessment phase. Of the seven already addressed by the Technical Assessment Board five have been deemed eligible to register and two have been deemed ineligible. In carrying out its duties the Technical Assessment Board has clarified issues and set out advice for the Assessors when considering these issues. These advice documents are publicly available on the RIAI website at: Prospective applicants are particularly advised to read the clarification relating to assessing the ten years performing duties commensurate with those of an architect which is titled Board Guidance to Assessors on assessing whether or not for a period of 10 years prior to 1 May 2008 the applicant had been performing duties commensurate with those of an architect (attached as document (5) of this pack). An application package is provided for Technical Assessment applicants. The package is designed to assist applicants in structuring the application and to ensure that applicants are aware of the best way to demonstrate the necessary criteria. The application package, and the competencies index in particular, are designed to provide applicants with a roadmap, and a template, for making an application. Route F: The Register Admission Examination (14(2)(f)) have at least 7 years practical experience performing duties commensurate with those of an architect in the State (this does not mean that duties had to be carried out within the State, rather the duties have to have been commensurate with those of an architect in the State); be at least 35 years of age; have passed a prescribed register admission examination. Currently, the only examination of this type in the State is the Register Admission Examination offered by the ARAE Ltd. ARAE Ltd. Is a campus company of UCD and operates independently. RIAI accreditation of the ARAE s Architects Register Admission Examination was approved by Council on 11 March The prescription process is now underway. Application forms for Registration/Membership on the basis of meeting the criteria above will be available here once the prescription process has been completed. In the interim, any person who has successfully completed the examination and meets the criteria should contact the RIAI Admissions Officer. If you are interested in pursuing the Register Admission Examination please check the ARAE s website at: for information or info@arae.ie. The examination runs on an annual cycle. N5.7_ (4) D _ FAQ re regulation of title architect_22_11_2011 p. 5 of 8

6 The closing date for applications for the 2012 cycle is 19 December Also, please see attached article published in Architecture Ireland for information (document (6) of this pack). Route M: Minister s List (14(2)(d)) be a person in respect of whom a notice in writing, dated 7 January 1997, 13 March 1997 or 11 June 1997, was sent by the Minister (whether to the person or to an organisation representing the person in the matter) stating that the person was successful in his or her application to be included in the relevant list. Route P: Distinguished Practice (14(2)(i) The RIAI is empowered to grant authorisation to use the title architect to individuals whose work in the field or architecture is especially distinguished and who are Irish citizens. Enquiries should be made directly to the Admissions Director moflanagan@riai.ie. k) How do I register if I have qualifications/recognition as an architect from an EU/EEA Member State? Directive 2005/36/EC on the recognition of professional qualifications sets out a number of approaches for recognising qualifications from other EU Member States. These are also set out in Sections 15 and 16 of the Building Control Act For the majority of applicants the system that applies is automatic recognition, which is generally straightforward. If you have any queries you are advised to contact the Admissions Section to confirm the applicable route to pursue. Please note that where the term a national of an EU/EEA Member State is used, this includes the family members of Member State nationals in accordance with Directive 2004/38, and beneficiaries of refugee or subsidiary protection status in accordance with Directive 2004/83/EC Route D1: Automatic recognition (15(1)(a)) and 15(1)(b)) be a national of an EU/EEA Member State have a recognised qualification in Architecture from an EU/EEA Member State and meet the requirements of Directive 2005/36/EC on the Recognition of Professional Qualifications Note: Nationals of an EU/EEA Member State who have acquired their qualification/s across two or more member states are advised to apply through Admission Route B. Route D2: The General System (16(1)) be a national of an EU/EEA Member State have a formal qualification in architecture have an attestation of competence issued by another Member State N5.7_ (4) D _ FAQ re regulation of title architect_22_11_2011 p. 6 of 8

7 meet the relevant requirements of Title III Chapter 1 of the Directive This route relates to the General System under Title III Chapter I of Directive 2005/36/EC. If successful you may be required to undertake compensation measures to meet the criteria set out in the Building Control Act Please contact the Admissions Director moflanagan@riai.ie. Route D4: Recognition decisions made by other Member States This route applies to individuals who have been recognised as an architect in another Member State and who are eligible to seek recognition in Ireland on that basis rather than on the basis of their qualifications. To pursue this route you must be a national of an EU or EEA Member State and be a person who meets the conditions of section 15(1)(d), 15(1)(e) 15(1)(g)(i) or 15(1)(g)(ii) of the Act Please contact the Admissions Section for further advice abaeger@riai.ie. l) How do I register if I have undertaken my qualifications outside the EU/EEA or in more than one country? Route B: RIAI Membership (14(2)(b)) Route B is designed to address the situation of individuals who have acquired all or part of the qualification requirements outside the EU/EEA, or whose relevant qualifications have been acquired in more than one State (including EU/EEA Member States). Route B generally applies in cases where a candidate clearly meets the required standard and any relevant criteria but would only be eligible for registration if admitted to membership of the registration body in the first instance. have a recognised qualification in architecture (i.e. a prescribed qualification, a qualification recognised in the EU/EEA for the purpose of automatic recognition or a non-prescribed qualification from outside the State assessed by the RIAI as being equivalent to a prescribed qualification) and have passed a prescribed post-graduate Professional Practice Examination or the equivalent from another jurisdiction which is assessed by the RIAI addressing the core learning outcomes of the professional practice examination. If none of the other routes apply and you have qualifications, Route B may the appropriate route for you, please contact the RIAI Admissions Section for advice abaeger@riai.ie. EU/EEA applicants should check Route D in the first instance. N5.7_ (4) D _ FAQ re regulation of title architect_22_11_2011 p. 7 of 8

8 4. Other issues m) What is the difference between RIAI Membership and Registration? Under the Building Control Act 2007 anyone using the title architect in Ireland must be registered. Membership of the RIAI is optional but the routes to Admission to the RIAI and to the Register are generally the same. A person who is a Member of the RIAI is eligible for admission to the Register and a person on the Register is eligible for Membership to the RIAI. Consequently an eligible person may choose to be on the Register only or to be on the Register and a Member of the RIAI. RIAI membership comes with the affixes MRIAI or MRIAI(IRL). MRIAI(IRL) is awarded when a member meets the requirements for registration and membership within the State but does not, at the time the award is made, qualify for automatic recognition within the EU/EEA. n) I can t/don t wish to register, what about my business? Registration does not prevent anyone from working, whether they are registered or not. The Act does prevent those not on the Register from using the title architect but it does not limit or control in any way the functions of those providing services in the field of architecture. Quite a number of firms that might have described themselves as engineers and architects have changed titles to titles such as engineers and building design professionals or building and planning design consultants etc. N5.7_ (4) D _ FAQ re regulation of title architect_22_11_2011 p. 8 of 8