CHAPTER 269
ARCHITECTS AND QUANTITY SURVEYORS (REGISTRATION) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
ESTABLISHMENT OF THE ARCHITECT AND QUANTITY SURVEYORS BOARD

   3.   Establishment of the Board.

   4.   Composition of the Board and tenure of office of the members.

   5.   Functions of the Board.

   6.   Power to establish committees.

   7.   Delegation of functions.

   8.   Appointment of Registrar.

   9.   Other staff of the Board.

PART III
REGISTRATION

   10.   Register.

   11.   Sub-register.

   12.   Qualifications for registration.

   13.   Foreign person's registration.

   14.   Procedure for a person registered outside the country.

   15.   Foreign firm to provide information.

   16.   Restriction on registration of foreign firms.

   17.   Power to refuse to register.

   18.   Conditions for architects and quantity surveyors.

   19.   Certificate of registration.

   20.   Clients to use registered architects, quantity surveyors etc.

   21.   Power to issue stop order.

   22.   Publication of registers and lists.

   23.   Publication prima facie evidence of registration.

PART IV
DELETION AND SUSPENSION FROM REGISTER

   24.   Deletion of name from register.

   25.   Power to suspend registration, etc.

   26.   Restoration of name to the register.

   27.   Proceedings at an inquiry.

   28.   Disobedience of summons and refusal to give evidence.

   29.   Appeals.

   30.   Appeals Authority.

   31.   Rules of proceedings before Appeals Authority.

   32.   Deletions and suspensions from sub-register.

PART V
RESTRICTION ON PRACTISING AS AN ARCHITECT, QUANTITY SURVEYOR, ARCHITECTURAL OR QUANTITY SURVEYING FIRM

   33.   Use of the title of Architect or Quantity Surveyor.

   34.   Restrictions on practising as an architect, quantity surveyor or firm.

   35.   Persons operating as architects, quantity surveyors or firms.

   36.   Definition of "carrying on business" or "practising or conducting business as" architect, Quantity Surveyor or a firm.

   37.   Monitoring and control of practices.

   38.   Exemption.

   39.   Proceedings for offences committed within certain period.

PART VI
FINANCIAL PROVISIONS

   40.   Funds of the Board.

   41.   Accounts and audit.

   42.   Estimates of income and expenditure of the Board.

   43.   Power to invest.

   44.   Annual statement of accounts and Registrar's report to be laid before the National Assembly.

   45.   Minister may give directions.

   46.   Remuneration of the members of the Board.

PART VII
MISCELLANEOUS PROVISIONS

   47.   General Offences.

   48.   Offences and Penalties.

   49.   Power to Compound Offences.

   50.   Limitation of liability.

   51.   Professional fees chargeable to architects, and Quantity Surveyors.

   52.   Regulations.

   53.   By-laws.

   54.   Inconsistency with other legislation.

   55.   Repeal.

   56.   Transition and Saving provisions.

SCHEDULES

CHAPTER 269
THE ARCHITECTS AND QUANTITY SURVEYORS (REGISTRATION) ACT

An Act to provide for institutional machinery for the regulation of activities and conducts of architects, quantity surveyors and their firms under the Architect and Quantity Surveyors Registration Board; to provide for qualification for registration, rights and privileges of registered architects and quantity surveyors and to provide for related matters.

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Act No. 4 of 2010

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Architects and Quantity Surveyors (Registration) Act, 2010 and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   “Appeals Authority" means the Appeals Authority referred to in section 30;

   “architect" means any person registered as such under this Act and includes interior designer, landscape architect, furniture architect, conservation architect and naval architect;

   “architectural draughtsman" means a person whose name has been entered in the sun-register as provided for under section 11;

   “architectural technician" means a person whose name has been entered in the sub-register as provided for under section 11;

   “Board" means the Architects and Quantity Surveyors Board established under section 3;

   “building" means any three dimensional structure or form constructed for the purpose of defining space, within space or around space, whether that space is directly or indirectly used;

   “construction work" means any work undertaken by architectural or quantity surveying firm and includes–

   (a)   pre-design, the design and post design, drawing and supervision of construction of a three dimensional structure or form of whatsoever material constructed for the purpose of defining space within space or around space, whether that space is directly or indirectly used;

   (b)   rehabilitation, redesign, alteration and supervision of such rehabilitation, redesign or alterations;

   (c)   seeking and obtaining a planning consent and any other permit or certificate in respect of buildings or structures similar to buildings; and

   (d)   advisory services in respect of buildings or structures similar to buildings;

   “design and build" means any work in which a person or a body of persons is responsible for coordinating and funding of the designing and construction of a building;

   “firm" means a person, group of persons or public institution which practises in any activity relating to architectural or quantity surveying and includes sole proprietor, partnership and corporate body whether local or foreign;

   “foreign firm" means a firm registered under section 16 of this Act whose majority shares are owned by non-citizens;

   “foreign-funded projects" means building works or construction works whose source of funding is wholly or majority shares from foreign sources;

   “foreign person" means any person who is not a citizen of the United Republic of Tanzania and who temporarily undertakes specific architectural or quantity surveying works in Tanzania;

   “graduate architect" means a person whose name is entered in the sub-register as provided for under section 11;

   “graduate quantity surveyor" means a person whose name has been entered into the sub-register as provided for under section 11;

   “member" means member of the Board appointed under section 4 and includes the Chairman and the Vice-Chairman;

   “Minister" means the Minister responsible for construction industry;

   “principal" means the head of a firm and includes a director, partner, shareholder, or an owner of the firm;

   “project management" means management of resources, quantity, cost, quality and time in relation to a building works done by architects, quantity surveyors, engineers or their firms;

   “project manager" in relation to the building or construction works means an architect, engineer, a quantity surveyor or their firm appointed by the client for the management of resources, time and quality in the building works or projects;

   “quantity surveyor" means any person registered as such under this Act and includes building surveyor, construction manager and building economist;

   “register" means a register of architects, quantity surveyors and their firms;

   “Registrar" means the Registrar appointed pursuant to section 8;

   “stop order" means an order issued by the Board under this Act;

   “sub register" means the register of graduate architect, graduate quantity surveyor, architectural technician and architectural draughtsman.

PART II
ESTABLISHMENT OF THE ARCHITECT AND QUANTITY SURVEYORS BOARD (ss 3-9)

3.   Establishment of the Board

   (1) There is established a Board to be known as the Architects and Quantity Surveyors Registration Board.

   (2) The Board shall be a body corporate and shall–

   (a)   have perpetual succession and common seal;

   (b)   in its corporate name be capable of–

      (i)   suing and being sued;

      (ii)   acquiring, holding and disposing of movable and immovable property; and

      (iii)   entering into contracts or other transactions and doing all other acts and things which a body corporate may lawfully perform;

   (c)   have power to borrow such sums as it may require for its purpose; and

   (d)   exercise the powers and perform the functions conferred upon it by this Act.

4.   Composition of the Board and tenure of office of the members

   (1) The Board shall consist of eleven members who shall be appointed by the Minister, one of which shall be a Chairman–

   (a)   a Chairman of the Board shall be an architect or a quantity surveyor who has at least ten years experience in the construction industry and has proven tangible contribution to the sector;

   (b)   one member appointed from the Architectural Association of Tanzania who shall be a registered Architect;

   (c)   two members appointed from Architects and Quantity Surveyors Training Institutions, one being an Architect and the other being a Quantity Surveyor;

   (d)   one member appointed from the Tanzania Institute of Quantity Surveyors who shall be a registered Quantity Surveyor;

   (e)   one senior member representing the Attorney General's Chambers;

   (f)   one senior member from the Ministry responsible for Local Government who shall be either an Architect, Quantity Surveyor or Town Planner with professional experience in the building industry;

   (g)   one member who is a senior official appointed from the Ministry responsible for construction;

   (h)   one senior member from the Ministry responsible for Lands who shall be a town planner with experience in building industry;

   (i)   one member from the Public Procurement Regulatory Authority; and

   (j)   one member who is a registered contractor and who shall either be an architect or a quantity surveyor.

   (2) The provisions of the Schedule to this Act shall have effect as to the tenure of office, management, proceeding, constitution and other matters relating to the Board.

   (3) The Minister may, after consultation with the Board and by order published in the Gazette, amend, add, vary, revoke or replace the provisions of the Schedule to this Act.

5.   Functions of the Board

   (1) The functions of the Board shall be to–

   (a)   register and maintain registers and sub-registers of architects, quantity surveyors and their firm, graduate architects, graduate quantity surveyors, architectural technicians, architectural draughtsmen, both local and foreign, and to make decisions on applications for their registration, annually;

   (b)   prescribe fees for application, registration, annual subscription and other fees as may be required;

   (c)   regulate the activities and conducts of architects, quantity surveyors and their firms, graduate architects, graduate quantity surveyor architectural technicians, and architectural draughtsmen;

   (d)   enter building sites and inspect building or construction works for the purpose of verifying and ensuring that the works are being undertaken by a registered architectural or quantity surveying firms and that the works complying with all governing regulations and laws of the country including requirement for safety, an erection of signboard which shows the title of the project, names, addresses, phones and e-mails of the client, architect, quantity surveyor, protect registration sticker and to take legal action against defaulter thereof;.

   (e)   promote, monitor and provide continuing professional development opportunities and facilities for the study and training in architecture, quantity surveying and allied subjects;

   (f)   conduct examinations or professional interviews for purposes of verifying the competence to practice as professionally qualified architects or quantity surveyors or as to the adequacy of practical training in architecture or quantity surveying as may be approved by the Board;

   (g)   arrange for publication and general dissemination of materials produced in connection with the work and activities of the Board;

   (h)   liaise with other institutions involved in architecture, quantity surveying and allied matters;

   (i)   grant professional certificates and other awards of the Board for examinations conducted by the Board;

   (j)   take disciplinary action against architects, quantity surveyors and other semi professional registered by the Board;

   (k)   register construction works or projects;

   (l)   offer advisory services to the public and the construction industry;

   (m)   liaise with both local and international professional boards and associations involved in the construction industry for the purposes of consultations, exchange of ideas, and experiences;

   (n)   promote and enforce professional conduct, ethics and integrity of architect, quantity surveyor and firms practising or operating in Tanzania;

   (o)   administer and regulate architectural competition;

   (p)   promote awareness and educate the public on the professions of architecture and quantity surveying as well as the duties and responsibilities of architects and quantity surveyors; and

   (q)   carry out any other functions which are for the public interests and which the Minister may, in writing, direct.

6.   Power to establish committees

   (1) The Board may, where it considers necessary, appoint committees from amongst its members and co-opted member to carry out any of its functions.

   (2) The committees appointed pursuant to subsection (1) shall regulate their own proceedings.

7.   Delegation of functions

   The Board may delegate its functions under this Act to any officer, member or committee of the Board.

8.   Appointment of Registrar

   (1) The Board shall appoint a Registrar from amongst registered architects or quantity surveyors, who shall have at least seven years working experience in the relevant field.

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