Architects

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First Statutory Regulations

The Building Control Act, 2007 established a system of statutory registration of architects, quantity surveyors and building surveyors.  Prior to that legislation the bodies and professions were not subject to legal regulation but were regulated by the respective professional bodies.

The approach of the legislation has been to designate a professional body as the registration and regulatory bodies.The Royal Institute of Architects of Ireland (“the RIAI”) is the registration body.  It is the competent authority in the State for architects under EU legislation and in particular rights of establishment for architects of other EU and the EEA States. A person duly registered  in the above register may use the professional title architect.

The RIAI establishes an admission board for the purpose of registration of persons under the legislation.  The admission board consists of seven members, three nominated by the registration body and four by the Minister for Environment and Local Government.  The chairman is to be a solicitor, barrister or former Judge.  The board consists of the chairman and seven ordinary members.

Eligible Persons

The following persons are eligible for registration on the register of architects;

  • Graduates of certain bodies including NUI, DIT and other prescribed bodies who have received a Bachelor of Architect or Diploma of Architecture Degree or after 2005 a Bachelor of Architecture Honours or such other prescribed degree and have passed professional practice examination specified by such a body. Alternatively, a person who can demonstrate seven years postgraduate experience of duties commensurate with those of an architect such as would entitle them to exemption from the above examination;
  • Persons who are existing fellows and members of the RIAI;
  • Persons entitled to registration below as holders and qualifications of other states;
  • Persons included by the Department in certain approval lists prior to 1997;
  • Persons employed by the State for 37 years under the supervision of an architect and was part of a social betterment scheme or part-time third level course attained a certificate or diploma of degree standard equivalent to the above degrees and has passed professional practice examination specified by the bodies;
  • Persons with seven years of practical experience of performing duties commensurate with those of an architect at least 35 years of age who has passed a prescribed register admission exam;
  • Persons not qualifying from other states who have been awarded in a state other than an EU state, a degree, diploma or qualification in architecture who can demonstrate that they have sufficient postgraduate experience of performing duties commensurate with those of an architect;
  • A person assessed as eligible for registration by the technical assessment board in accordance with practical experience assessment procedures;
  • An Irish citizen who has attested by a certificate of the registration body is authorised by it to use the word title by virtue of the distinguished quality of its work in the field of architecture.

Prescription of an educational body for the above purpose is only permissible when the Minister is satisfied the course satisfies criteria in EU directives.

Foreign Qualifications

Persons qualifying for admission as architects with equivalent qualifications in other EU states may be admitted subject to compliance with various conditions applicable to various categories.  The various categories require a combination of academic qualification and practical experience.  There are procedures in relation to proof of compliance.

There is also provision for recognition of residents of states who have qualifications in architecture in agreements entered by the EU with the World Trade Organisation which provides for recognition of certain classes of qualifications.

The entry of registration of a person under the above criteria from other member states may be subject to a requirement by the admissions board that they have a satisfactory knowledge of language necessary for practising architecture in the State.

There are detailed provisions in terms of the procedures for ensuring and proving compliance with rights to be admitted under EU professional services director.  In many cases, there are several alternatives available.  Careful consideration would need to be given.

Offences

It is an offence subject to punishment on summary conviction of a fine of up to €5,000 or imprisonment not exceeding 12 months or both for any person:

  • To use the title architect either alone or in combination with other words, letters or names implying that the person is so registered unless they are so registered;
  • With intent to deceive use a certificate issued under the legislation to person;
  • Make or cause any false declaration or representation in the purpose of obtaining registration;
  • Practice or carry on a business containing the word architect.

It is a new offence punishable to the same extent for every day on which the offence continues to be committed.

Title Architect

A person registered in accordance with the above in the above register may use the professional title architect. A company, firm or partnership may carry on the business of architecture with the word architect in its title if it is under the control and management of a registered professional and in all premises where its business relating to architecture is carried on it is under the supervision of a registered professional.

The use of the following descriptions do not contravene the legislation:

  • Landscape architect;
  • Naval architect;
  • Architectural technician;
  • Architectural technologist;
  • Interior design architect;

or such other words as may be prescribed by the Department.  A person the subject of ongoing applications or appeals in respect the recognition of qualifications may under some circumstances be exempt from the above provisions.

Register

The registration body keeps a register in such form as it decides. It issues a certificate to a person who is registered.  The certificate must be displayed at the place where the person practices architecture at all times during which registration continues.

A person may be removed from the register on an application or may subsequently apply for restoration. Persons may be removed for misconduct in accordance of the fitness to practice procedures provided for in the legislation.

Boards and Committees

The registration body establishes a technical assessment board and technical assessment procedures for consideration of applications for registration.

The registration body establishes a professional conduct committee.  It deals with disciplinary matters.  There is a common form of disciplinary rules available to all three professions regulated in 2007.

The professional conduct committee consists of the chairperson and eleven ordinary members.  It is comprised of five architect nominees, six non-architect nominees, six nominated by Ministers and a chairman who shall be a solicitor, barrister or former Judge.

There is an appeals board consisting of a chairman and five ordinary members.  The majority are non-architects.  The appeals board hear appeals of persons affected by the decisions of the admissions board or technical assessment board or the professional conduct committee.  Legislation sets out the appeals mechanism.

A person adversely affected by the decision of the appeals board may within three months, appeal to the High Court against the decision.  On hearing the appeal the Court may confirm, annul or vary the decision.

Fitness to Practice Process

Each professional registration body must prepare a code specifying standards of professional conduct and practice.  The code must be reviewed from time to time. A draft of the code must be published with an invitation for representations by interested bodies.  It must be submitted to the Competition Authority for confirmation as does not distort competition. The registration body must take account of comments made by interested parties and the Competition Authority in finalising its draft code.

Any person may complain to the professional conduct committee concerning the action of a registered professional.  The complaint may refer to professional misconduct or poor professional performance.

Where the committee is satisfied there is no prima facie case for an enquiry it informs the complainants in writing and they must not proceed further.If the committee considers it appropriate complainant and the person complained against may be requested to seek a resolution by mediation before a person appointed by the body.  If the mediation does not resolve the dispute the committee shall consider the complaint further.

Conduct Enquiry

The committee may decide to hold an enquiry in relation to the complaint.  The parties must be notified of the hearing and given prior notice of the details of the complaint and rights to participate in the enquiry.

The committee has the powers and rights of High Court judge in relation to enforcing the attendance of a witness, taking oaths and compelling production of documents.

A person who makes default in attending, refuses to take the oath or refuses to answer a question is guilty of an offence.  A witness has the same privileges as before the High Court.

Upon completion of the enquiry, the committee shall produce a report embodying its findings and other matters relating to the registered professional as it think fit and its opinion whether a case of professional misconduct or poor professional performance has been established.

Determination and Sanctions

The findings of the committee are not made public without the consent of persons the subject of the enquiry unless the person is found to be guilty of professional misconduct or poor professional performance.

Where the professional conduct committee finds there is no professional conduct or poor performance it takes no further action.  Where it finds the person has been guilty of professional misconduct or poor professional performance it may:

  • Advise, admonish, censure the professional in relation to conduct;
  • Impose a fine of an amount including on terms that he may be struck off if he fails to pay;
  • Direct registration shall be suspended;
  • Strike the person off the register;
  • Impose conditions on membership.

The registered professional may appeal against the decision.

None of the above sanctions may be exercise unless the decision to exercise the power has been confirmed by the High Court or under an appeal to that Court.

Where the registered professional appeals against the decision to the appeals board within the period provided the decision is stayed.

The registrar may apply to the High Court for confirmation of the committee’s decision in relation to sanctions other than censure or admonishment. The High Court shall unless it sees good reason to the contrary declare accordingly.