ARCHITECTS' REGISTRATION: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Architects' Registration Regulations

ARCHITECTS' REGISTRATION REGULATIONS

(under section 51)

(14th September, 2015)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

   1.   Citation

   2.   Interpretation

PART II
Application for registration

   3.   Application for registration

   4.   Registration

   5.   Certificate of registration

   6.   Temporary registration

   7.   Issue of certificate of temporary registration

   8.   Duty to notify Council about increase in cost and floor area

   9.   Extension of temporary registration

   10.   Inspection of the register

PART III
Practising certificate

   11.   Application for practising certificate

   12.   Issue of practising certificate

   13.   Expiry of practising certificate

   14.   Display of certificate of registration and practising certificate

PART IV
Fidelity Fund

   15.   Establishment of Fidelity Fund

   16.   Fund to vest in Board of Trustees

   17.   Appointment of Board of Trustees

   18.   Application for Fidelity Fund Certificate

   19.   Issue of Fidelity Fund Certificate

   20.   Contribution to Fund

   21.   Investment of Funds

   22.   Accounts to be kept

   23.   Professional indemnity

   24.   Moneys to credit of Fund

   25.   Application of Fund

   26.   Payment of compensation for loss due to dishonesty

Part V
Miscellaneous

   27.   Submission of end-of-activity report

   28.   Architectural professionals bound by a Code of Ethics

   29.   Display of notice-boards on site

   30.   Transitional provisions

      SCHEDULE

SI 92, 2015.

PART I
Preliminary

1.   Citation

   These Regulations may be cited as the Architects Registration Regulations.

2.   Interpretation

   In these Regulations, unless the context otherwise requires

"Board" means a Board of Trustees appointed under regulation 17;

"certificate of registration" means a certificate issued under regulation 5;

"Fund" has the meaning assigned to it under regulation 15; and

"practising certificate" means a certificate issued under regulation 12.

Part II
Application for Registration

3.   Application for registration

   (1) a person who is resident in Botswana and is desirous to be registered in the architectural profession shall apply to the Architects Registration Council to be registered as an

   (a)   architect;

   (b)   architectural technologist; or

   (c)   architectural draftsperson.

   (2) An applicant for registration under subregulation (1) as

   (a)   an architect shall have

      (i)   obtained a professional degree in architecture, a total duration of full time study of which shall be a minimum of five years,

      (ii)   performed the work of an architect and gained experience on at least two projects, one of which shall be of sufficient nature to demonstrate competency to serve the public as an architect, and

      (iii)   a total period of experience of not less than two years after completion of study;

   (b)   an architectural technologist shall have

      (i)   obtained a degree or diploma in architecture, architectural or construction technology, the total duration of full time study of which shall be a minimum of three years,

      (ii)   performed the work of an architect and gained experience on at least two projects, one of which shall have been under the supervision of an architect, and

      (iii)   a total period of experience of not less than two years after completion of study; or

   (c)   an architectural draftsperson shall have

      (i)   obtained a certificate in architectural or building technology and draftsmanship, the total duration of full time study of which shall be a minimum of two years,

      (ii)   performed the work of an architect and gained experience on at least two projects, one of which shall have been under the supervision of an architect or architectural technologist, and

      (iii)   a total period of experience of not less than two years after completion of study.

   (3) An application for registration under this regulation shall be in Form 1 set out in Schedule 1 and shall be accompanied by a non-refundable application fee set out in Schedule 2.

   (4) Notwithstanding subregulation (1) and (2), a person may apply to the Council for registration as an architect, architectural technologist or architectural draftsperson where he or she has prior to publication of these Regulations been a member of an institution of architectural professionals, the membership of which is recognised by the Council as furnishing a sufficient guarantee of the required academic knowledge of, and practical experience in architecture.

   (5) The Council may, for purposes of ascertaining whether an applicant for registration under this regulation meets the minimum qualifications for registration, prescribe an examination and invite such applicant to take such examination.

4.   Registration

   (1) The Council may, where it is satisfied that an applicant for registration meets the requirements of section 23, direct the Registrar to register the applicant upon payment of registration fee set out in Schedule 2.

   (2) Where the Council is not satisfied that an applicant meets the requirements of section 23, it shall reject the application and notify the applicant, in writing, stating the reasons for the rejection.

5.   Certificate of registration

   (1) The Registrar shall issue an architect, architectural technologist or architectural draftsperson with a certificate of registration upon registration or restoration of name to the register.

   (2) The certificate of registration shall be in Form 2 set out in Schedule 1 and shall have the name of the bearer and his or her category of registration.

6.   Temporary registration

   An application for temporary registration under section 25 shall be in Form 3 set out in Schedule 1 and shall be accompanied by

   (a)   a certificate of any qualification on which the applicant relies for registration, or a certified copy thereof;

   (b)   certified copy of identity card, passport or any evidence of identity and other evidence or information as may be required by the Council; and

   (c)   a non-refundable application fee set out in Schedule 2.

7.   Issue of certificate of temporary registration

   (1) The Council may, where it is satisfied that the applicant for temporary registration meets the requirements of section 25, direct the Registrar to register the applicant and issue him or her with a certificate of temporary registration upon payment of registration fee set out in Schedule 2.

   (2) A certificate of temporary registration issued under this regulation shall be in Form 4 set out in Schedule 1.

   (3) A certificate of temporary registration issued under this regulation shall be for a specific project and shall expire at original date of completion of such project.

8.   Duty to notify Council about increase in cost and floor area

   (1) Any person issued with a certificate of temporary registration under these Regulations shall, immediately notify the Council in writing should

   (a)   the scope of the project for which he or she was temporarily registered to undertake increase by more than 10 per cent of the total construction cost or gross floor area; or

   (b)   it be apparent that the project will not be completed as originally scheduled.

   (2) A written notification under subregulation (1) shall outline

   (a)   the original date of practical completion of the project;

   (b)   the current scope of the project, outlining its components, total gross floor area, cost report and estimated final accounts;

   (c)   the reasons for the delay in completing the project;

   (d)   revised date of practical completion;

   (e)   risks identified and definitive action to be undertaken to control risks and avoid further delays; and

   (f)   any other pertinent information.

   (3) A person who fails to comply with the provisions of subregulation (1) commits an offence and shall be liable to a fine not exceeding P2 000.

9.   Extension of temporary registration

   The Council may, where it considers it necessary on receipt of a written notification under regulation 8, direct the Registrar to extend temporary registration for a period as may be stipulated to enable proper completion and commissioning of the project.

10.   Inspection of the register

   The register for architects, architectural technologists and architectural draftspersons shall be open for inspection by any member of the public upon payment of inspection fee of P50.

Part III
Practising Certificate

11.   Application for practising certificate

   (1) A registered architect, architectural technologist or architectural draftsperson who intends to practise or manage the performance of the work of an architect shall apply to the Council for a practising certificate authorising him or her to practise or manage the performance of the work of an architect in the category of architectural profession in which he or she has been registered.

   (2) An application under subregulation (1) shall be in Form 5 set out in Schedule 1 and shall be accompanied by

   (a)   a declaration in writing stating

      (i)   the names of the applicant, and

      (ii)   the applicants principal address or any addresses at which he practises or intends to practise in Botswana;

   (b)   a copy of certificate of registration of the applicant; and

   (c)   fees set out in Schedule 2.

   (3) The Council may upon receipt of an application under subregulation (1), issue to an architect, architectural technologist or architectural draftsperson a practising certificate authorising such architect, architectural technologist or architectural draftsperson to engage in architectural work within his or her category of registration during the period or duration of the project for which the certificate is issued.

   (4) Notwithstanding the provision of subregulation (3), a person shall be eligible to apply for a practising certificate if “

   (a)   he or she has been

      (i)   in charge of the management of the performance of the work of an architect on at least one project during the year preceding an application under subregulation (1), or

      (ii)   issued with a certificate of temporary registration;

   (b)   he or she has performed or is in the process of performing the work of an architect during that year on at least one project; or

   (c)   he or she has during the year preceding the application earned a minimum of 60 Continuing Professional Development Points in line with the Continuing Professional Development Program set out in Schedule 3.

12.   Issue of practising certificate

   (1) The Council may, within 30 days of receipt of an application, direct the Registrar to issue a practising certificate in Form 6 set out in Schedule 1 to an architect, architectural technologist or architectural draftsperson, if the Registrar is satisfied that

   (a)   the applicant is registered under regulations 4 and 6;

   (b)   the applicant is not suspended from practice;

   (c)   the applicant has paid the annual subscription fee set out in Schedule 2;

   (d)   the applicant has obtained a Fidelity Fund Certificate under regulation 19; and

   (e)   has paid, if any, all administrative fines imposed on him or her under section 49 (5).

   (2) A person issued with a practising certificate under subregulation (1) may, for purposes of marketing himself or herself use the title ˜Arch. BW in case of an architect, ˜Arch. Tech. BW' in case of an architectural technologist or ˜Arch. Draft. BW in case of an architectural draftsperson.

13.   Expiry of practising certificate

   (1) A practising certificate issued under these Regulations shall have effect from the beginning of the day on which it was issued, and that date shall be entered by the Registrar in the register.

   (2) Subject to subregulation (3), a practicing certificate shall expire at the end of 12 months from the date of issue or in case of temporary registration at the original date of completion of the project.

   (3) Where the name of an architect, architectural technologist or architectural draftsperson is removed from the register, any practicing certificate of such architect, architectural technologist or architectural draftsperson for the time being in force shall expire forthwith and the date of such expiration shall be entered in the register.

14.   Display of certificate of registration and practising certificate

   An architect, architectural technologist or architectural draftsperson registered under these Regulations shall exhibit, and keep exhibited, in a prominent place on the business premises, the certificate of registration and practising certificate.

Part IV
Fidelity Fund

15.   Establishment of Fidelity Fund

   (1) There shall be established and maintained by the Council a fund to be known as the Fidelity Fund (in this Part referred to as the Fund) to be administered in accordance with this Part.

   (2) Every practising architect, architectural technologist or architectural draftsperson shall be a member of the Fund.

16.   Fund to vest in Board of Trustees

   (1) The Fund shall vest in and be administered by a Board of Trustees who shall hold the Fund on trust for the purpose of compensating any person who has sustained loss or hardship in consequence of professional negligence on the part of a practising architect, architectural technologist or architectural draftsperson, or of any employee of a practising architect, architectural technologist or architectural draftsperson, in connection with that architect, architectural technologist or architectural draftspersons practice.

   (2) An application for compensation under these Regulations shall be submitted to the Registrar.

17.   Appointment of Board of Trustees

   (1) The Board shall consist of three persons appointed by the Council, namely “

   (a)   two registered members of the architectural profession who are of at least 10 years standing as architects; and

   (b)   an accountant practising in Botswana who is a member of the Botswana Institute of Chartered Accountants established by the Accountants Act.

   (2) The Council may, in respect of each member appointed by it under subregulation (1), where a members appointment becomes vacant, appoint an alternate member with the same qualifications as the member appointed under subregulation (1).

   (3) The members of the Board shall hold office for a period of three years from the date of appointment.

   (4) The Registrar of the Council shall be Secretary of the Board.

   (5) The Board shall annually elect a chairperson from amongst the members of the Board.

   (6) If the chairperson is absent from any meeting, the Board shall elect a person from among its number to chair the meeting.

   (7) The Board shall meet at such times and places as it or its chairperson may determine from time to time.

   (8)    The Board shall regulate its own proceedings.

18.   Application for Fidelity Fund Certificate

   Any person intending to apply for a practising certificate shall, prior to doing so, apply to the Registrar for a Fidelity Fund Certificate.

19.   Issue of Fidelity Fund Certificate

   The Registrar shall issue a Fidelity Fund Certificate in Form 8 set out in Schedule 1 to a person who applies for one if the Registrar is satisfied that the applicants name is on the register and such applicant is not suspended from practice.

20.   Contribution to Fund

   (1) A fee of P200 shall be paid to the Registrar in respect of each Fidelity Fund Certificate issued under these Regulations.

   (2) Notwithstanding the provision of subregulation (1), a practising architect, architectural technologist or architectural draftsperson shall pay into the Fund in respect of each project, fees set out in Schedule 2.

21.   Investment of funds

   The Board may invest in any interest bearing account with any bank licensed under the Banking Act, or in any building society registered under the Building Societies Act or in any Government securities, any moneys which form part of the Fund and are not immediately required for any other purpose provided for by this Part.

22.   Accounts to be kept

   (1) The Board shall cause proper accounts of the Fund to be kept and audited by a chartered accountant appointed by the Council.

   (2) The chartered accountant referred to under subregulation (1) shall be a member of the Botswana Institute of Chartered Accountants established by the Accountants Act.

   (3) The chartered accountant under subregulation (1) shall not be a member of the Board or a partner, employee or spouse of any member of the Board.

   (4) The chartered accountant shall, within three months of the end of each financial year of the Council, present audited accounts as at 31st December of the preceding year to the Board.

23.   Professional indemnity

   (1) The Board may enter into a contract with any person or company carrying on fidelity insurance business in Botswana whereby the Fund will be indemnified to the extent and in the manner provided in such contract against liability to pay claims under this Part.

   (2) A contract referred to under subregulation (1) shall be entered into in respect of practising architects, architectural technologists and architectural draftspersons.

   (3) A person claiming against the Fund shall not have

   (a)   any right of action against any person or company with whom a contract of indemnity has been entered in terms of this regulation in respect of such contract; or

   (b)   any right to any money paid by person or company carrying on fidelity insurance business in Botswana in accordance with such contract.

   (4) Money paid by a person or company carrying on fidelity insurance business in Botswana in accordance with a contract referred to under subregulation (1) shall be paid into the Fund for appropriation by the Board.

24.   Moneys to credit of Fund

   There shall be carried to the credit of the Fund

   (a)   all payments made to the Registrar in pursuance of regulation 20 (2);

   (b)   all interest, dividends and other income and accretions of capital arising from the investment of the Fund or any part thereof;

   (c)   the proceeds of any realisation of any investment of the Fund;

   (d)   all sums received by the Board under any contract of indemnity effected by the Board under regulation 23;

   (e)   all sums received by the Board as a result of its subrogation under these Regulations; and

   (f)   any other moneys which may belong or accrue to the Fund or be received by the Council for the Fund.

25.   Application of Fund

   All moneys forming part of the Fund and all investments of the Fund shall be applied

   (a)   to payment of any costs, charges and expenses of establishing, maintaining, administering and operating the Fund;

   (b)   to payment of any premiums on assurances effected by the Board under regulation 23;

   (c)   to payment of any grant which the Board may make under the Regulations; and

   (d)   to payment of any other sums properly payable out of the Fund by virtue of the provisions of this Part.

26.   Payment of compensation for loss due to dishonesty

   (1) Where it is proved to the satisfaction of the Board that any person has sustained loss or hardship in consequence of professional negligence referred to in regulation 16, the Board may make a grant to that person out of the Fund for the purpose of relieving or mitigating that loss or hardship.

   (2) On the making by the Board of any grant under this regulation to any person in respect of any loss the Board shall, to the amount of that grant, be subrogated to any rights and remedies in respect of that loss of the person to whom the grant is made.

   (3) For the purposes of subregulation (2), reference to the person to whom the grant is made includes, in the event of his or her death, insolvency or other disability, his or her personal representative or any other person having authority to administer his or her estate.

Part V
Miscellaneous

27.   Submission of end-of-activity report

   (1) A practising architect, architectural technologist or architectural draftsperson shall submit an end-of-activity report to the Council at the end of the original building contract for practical completion.

   (2) An end-of-activity report under subregulation (1) shall be in Form 7 set out in Schedule 1.

28.   Architectural professionals bound by a Code of Ethics

   Architects, architectural technologists and architectural draftspersons shall, in performing the work of an architect be bound by a Code of Conduct and Ethics as may be determined by the Council and approved by the Minister.

29.   Display of notice-boards on site

   (1) An architect, architectural technologist or architectural draftsperson shall, if contracted to offer post contract services, display

   (a)   his or her names,

   (b)   his or her registration number, and

   (c)   the names and addresses of the project sponsor,

on a notice-board erected within the project site in a manner visible from a distance of 15 metres.

   (2) It shall be prima-facie evidence that an architect, architectural technologist or architectural draftsperson whose names and registration number appears on a notice-board under subregulation (1), is the architect, architectural technologist or architectural draftsperson in charge of the performance in that site of the work of an architect.

   (3) A notice-board erected within a project site under subregulation (1) shall be removed on completion of the project.

30.   Transitional provisions

   (1) Any person who at the time of publication of these Regulations is in the process of performing the work of an architect for which construction has commenced on site shall, within 60 days from publication of these Regulations, submit to the Council information in writing in respect of all work of an architect for which he or she seeks exemption from the requirements of these Regulations.

   (2) Information submitted under subregulation (1) shall include

   (a)   the name of architect, architectural technologist or architectural draftsperson in charge of the performance of the work of an architect;

   (b)   name and contact details of the project sponsor;

   (c)   description and location of the project;

   (d)   gross floor area and total construction cost of the project;

   (e)   date of commencement on site and date of practical completion;

   (f)   local resources deployed on the project including

      (i)   staff compliment, number, qualification and experience,

      (ii)   office facilities and professional indemnity insurance, and

      (iii)   limit of cover, and validity period of cover; and

   (g)   any other pertinent information.

   (3) The Council shall within 30 days of receipt of information under subregulation (1) issue, to any person a letter of exemption on such conditions as the Council may determine enabling such person to complete the work of an architect as specified in the information submitted to the Council.

   (4) An exemption under this regulation shall be for a specific project and shall be for a period stipulated in the letter of exemption.

SCHEDULES

SCHEDULE 1

FORM 1

ARCHITECTS REGISTRATION COUNCIL


APPLICATION FOR REGISTRATION

(reg. 3 (3))

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