Surveyors

Registration of Quantity Surveyors

The scheme of registration of quantity surveyors broadly parallels that in respect of architects. The Society of Chartered Surveyors is the registration body. It must establish an admissions board for the purpose of registration. The admissions board consists of a chairman and seven ordinary members. The chairperson is legally qualified. Three surveyors nominated and four ministerial nominated members.

Persons applying for registration must pay annual renewal fees. Same as above. Where a person has twice been sent notice of renewal they may be deregistered. There is a provision in each of the cases for the reduction of fees in cases of hardship.

Persons eligible for registration are principally the following:

Graduates of DIT, LIT and other prescribed bodies who before 2005 obtained a construction, economic diploma or bachelor of science in quantity be surveying or after 2005 an honours degree of bachelor science in construction, economics and management or an honours degree of bachelor of science in construction, economic practice, quantity surveying or such other degree as may be prescribed;
And in each case at least two years of appropriate experience in performing duties commensurate with those of quantity surveyor;
Fellow or associate of the Society of Chartered Surveyors quantity surveying division;
A member or fellow at the Chartered Institute of Building who has at least two years practical experience performing duties commensurate with those of a quantity surveyor;
A former fellow or member of the Architecture and Surveying Institute, Quantity Surveying Institute (now merged with the Chartered Institute of Building) with at least five years practical experience of performing duties commensurate with that of a quantity surveyor;
A fellow or member of the Association of Building Engineers quantity surveying section who has at least five years of practical experience of performing duties commensurate with that of a quantity surveyor;
A fellow or member of the Institute of Civil Engineering Surveyors with at least five years practical experience performing duties commensurate with those of a quantity surveyor;
A person who between 2001 and 2005 obtained a degree of bachelor of science in quantity surveying or any subsequent year an honours degree in bachelor of science in construction studies, quantity surveying and is enrolled as a fellow or member of the Chartered Institute of Building, the Architecture or Surveyor Institute, the Association of Building Engineers by the Institute of Civil Surveyors and has at least three years practical experience of performing duties commensurate with those of a quantity surveyor;
A person eligible for registration by reason of holding a qualification and experience in other states details which are set out;
Persons holding equivalent qualifications and experience qualifying under EU professional services directive;
A person assessed as eligible for registration by the technical assessment board in accordance with practical experience assessment procedures.

No further educational qualification shall be prescribed unless the Minister is satisfied that it provides the requisite instruction in the various elements of the discipline of quantity surveying.

EU/EEA Surveyors

There are detailed provisions equivalent to those in respect of architecture by which application may be made to the admissions board to attest and vouch for qualification of those from other EU States.

EU directives create rights to provide professional services on the basis of recognition of qualifications. The legislation set out a number of alternatives which should be considered where applicable.

The admissions board must also satisfy itself that the person has knowledge of language necessary for practising quantity surveying in the State. There are procedures in respect of making the decision and prospect of an appeal. A person may be admitted subject to further tests at regular periods.

Offences

It is offence subject on summary conviction to a fine of not more than €5,000, imprisonment of up to 12 months or both for a person (not been registered to use the title quantity surveyor) either alone or in combination with other designations names or descriptions, with intent to deceive make use of a certificate issued under the legislation.

make or cause to be made any false description or misrepresentations for the purpose of obtaining registration or aid and abet in doing so.
practice or carry on business under a name, style or title containing the words quantity surveyor unless registered.

Title

Firms or companies may carry on business with the name quantity surveyor if they are under the control and management of a registered professional and in all premises where it conducts business it is so supervised.

Persons in the course of an application for registration and appeal may continue to use the above title under certain conditions and to a certain extent.

A company or firm may practice under the name building surveyor provided that the building where it carries on its business is managed by a registered building surveyor. Where persons are undergoing admission and assessment they make continued to use the words or title pending completion.

Registration

The registration body maintains a registrar. A certificate is issued when a person is entered in the register. The certificate must be displayed at the place where the person practices quantity surveying at all times during which registration continue.

The register is kept in such form as may be prescribed. A person entered in the register is sent a certificate confirming registration. A person receiving a certificate must display the certificate in the place of business while the registration continues.

A person may be removed from the register voluntarily. A person may be removed following a disciplinary procedure. A professional conduct committee decides disciplinary matters subject to the provisions below.

The registration body establishes a technical assessment board to assist it in relation to applications in accordance with the technical procedure.

A person may be removed from the register on an application. A person may also be removed on foot of disciplinary proceedings. The same broad disciplinary proceedings apply to architects, quantity surveyors and building surveyors.

Registration of Building Surveyors

The Society of Chartered Surveyors is the registration body for building surveyors. The registration body must establish an admission board consisting of a chairperson legally qualified together with seven ordinary members. Four are appointed by the Minister and three by the registration body itself.

Persons eligible for registration as a building surveyor are:

Graduates of the Dundalk Institute of Technology or such other body as may be prescribed prior to 2005, received a bachelor of science in building surveying or subsequent to that an honours degree in bachelor of science in building surveying or such other degree, diploma or qualification as may be prescribed together with two years appropriate experience in performing duties commensurate with that of a building surveyor;
An existing fellow or associate of the Society of Chartered Surveyors, building surveying division with at least two years practical experience of performing duties commensurate with that of a building surveyor;
Fellow or member of the Chartered Institute of Building Surveying section with at least two years practical experience of performing duties commensurate with that of a building surveyor;
A former fellow or member of the Architecture and Surveying Institute building surveying section with at least two years practical experience or performing duties commensurate with those of a building surveyor;
A fellow or member of Association of Building Engineers building survey division with at least two years practical experience of performing duties commensurate with those of a building surveyor;
Persons eligible for registration holding equivalent qualifications in other states;
Persons eligible for registration under EU directives on recognition of professional qualifications;
Persons assessed as eligible by the technical assessment board in accordance with practical experience assessment procedures.

Assessments re Atypical Applicants

The provisions in respect of recognition of building surveyors from other states are broadly equivalent that in respect to architects and quantity surveyors. An admissions board is constituted. There are a number of alternative methods of establishing qualifications. A person may be admitted subject to further conditions in relation to training, education or practical experience.

The registration body must establish a technical assessment board to consider applications for registration. It consists of a chairperson legally qualified together with three quantity surveyor nominated persons and four persons nominated by the Minister for the Environment.

Certain persons may apply to the technical assessment board for a decision as to whether they are eligible for registration. This includes persons who are non-corporate members of the Chartered Institute of Building, the Architecture and Surveying Institute, the Association of Building Engineers and the Institute of Civil Engineers who have been performing duties commensurate to that of a quantity surveyor for a period of eight years or more. It includes a person who has been performing duties commensurate with a quantity surveyor for more than 10 years.

Enforcement

It is an offence subject to punishment with a fine of up to €5,000 and up to 12 months imprisonment:

To use the title of building surveyor either alone or in combination with all other words, name or description implying the person is so registered (unless one is a registered);
With intent to deceive or make use of a certificate under the act to anybody;
Make or cause to be made any false declaration or misrepresentation for the purpose of obtaining registration or aid and abet in doing so;
Practice or carry on business under a name, style or title containing the words building surveyor;

Conduct Committee and Appeals Board

A professional conduct committee and appeals board are also formed in the same manner as in respect of architects and quantity surveyors. In each case, there is a legal chairman together with eleven and five members respectively, the majority of whom appointed by the Minister for Enterprise, Trade and Employment.

The registration body establishes a professional conduct committee comprising a legally qualified chairperson and eleven ordinary members, the majority of whom are appointed by the Minister of Enterprise, Trade and Employment. The registration body must also establish an appeals board with a legally qualified chairman and five ordinary members, the majority of whom are appointed by the Minister.

There is an appeals board also constituted against decisions or persons adversely affected by decisions of the admissions board, technical assessment board or professional conduct committee.

The appeals board procedure is laid down in broad terms in the legislation. The appeals board deals with persons adversely affected by a decision of the appeals board, technical assessment board or professional conduct committee. A person adversely affected by a decision of the appeals board may appeal within three months to the High Court. On hearing by the Court the Court may:

confirm the decision;
annul the decision;
vary the decision

There is a further appeal to the High Court from the decision of the appeal board. The High Court may confirm the decision, annul the decision or vary it.

Code of Conduct

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.

Complaint

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.

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 witnesses, 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 thinks fit and its opinion whether a case of professional misconduct or poor professional performance has been established.

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.

Sanctions

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 a good reason to the contrary declare accordingly.