LECTURE 1

ARCHITECT
i.

Architectural consultancy practice

Bring a meaning of partnership or body corporate incorporated under
companys act 1965, the practice also providing architectural consultancy
service and is restarted by the board under section 7A or 7B.

ii.

Responsible of the professional

Person who process specialised knowledge skills and expertise
Conform to a set of behavioural rules within social context(code of

iii.

ethics)
Self- governing/ autonomy
Accountable to their action or inactions
Committed to continuous improvement and advancement of their craft
Competent in performance of their duties
Integrity and honesty

Responsibilities of the professional

Role
Expected function

Right

Duties / responsibilities

Lawful claims

Expected deed/ accountable action

Obligation/liabilities

iv.

Role taken by a professional architect in MalaysiaDuty complied action/ legally

1. Professional formalised by an Act of parliament
architect
act
enforceable
obligation
2. Advisor to provide advice in specialised field of knowledge
3. Contract administer by mutual agreement between employer and
contractor
Agent when implementing the building contract
Independent certifier when certifying
Quasi arbitrator when sorting out disputes
4. Submitting person (UBBL) enshrined in UBBL as qualified person
5. Professional (HAD) enshrined in housing development Act as
certifier

6. Professional (STA)- enshrined in strata titles Act as certifier

Professional architect in Malaysia
a. Professional responsibities
b.

Legal responsibities

c.

Moral responsibities

a. Professional responsibities
As a specialist advisor architect act
As an agent - architect act and contract act
As an independent certifier architect act
As a quasi-arbitrator architect acts

b.

Legal responsibities

Street, drainage, and building act qualified person

Uniform building by laws - qualified person
Strata titles act architect
Housing development act architect

b. Moral responsibities
Tort etc:

v.

Proses to be professional architect

Stage 1- study

Professional
practice

Study

Minimum
5 years
part III

Graduate

Practice
minimum
2 years

Exam part
3

Register
architect

Diagram 1.1 shows the process to be professional architect for stage 1

Graduate architect means is a person registered under subsection 10(1)

Professional architect means a person registered under subsection 10(2)
Register means:

Register of Professional Architect, Graduate Architect and architectural

consultancy practices in part 3.
The register of building draughtsmen in part IV

Stage 2- professional architect

Professional
practice

Tender

Proposal design
(NLC)
Professional fee

Min scale
of fee

-authority
-planning
-submission
Building plan

Housing
(HDA)

Diagram 1.2 shows the process to be professional architect for stage 2

Award construction start

Architect

PAM

Architect instruction
Juterim certificate
Stage complete
Variation Oder

Diagram 1.3 shows the process award construction start

Completion
date

Contract period

Certificate
completion

Extension line
EOT

CPC certificate
practical

Defect period

Final
certificate

-Completion-

Diagram 1.4 shows the completion stage

vi.

Architectural consultancy services

Submission of plans drawings to any person or local authority in Malaysia

Conceptualization, research and development of any design for the built
environment
Any survey, preparation of report including environmental impact of
assessment report, or investigation relating to the built and environment

Project programing, construction and manufacturing programing and product

design
Planning and development service including interior design, financial advisory
services including, project management, contract administration and
landscaping.
Preparation of feasibility studies and cost estimate
Preparation of plans and others means of presentation
All services in compliance with statutory requirement
Any other activities relating to the creation, preservation and enhancement of
the build and environment

LECTURE 2
GRADUATE ARCHITECT
1. Graduate
5 years studies (recognised archi school LAM)
2 years experience
- Log book
- 2000 words essay
Graduate archi form
Register LAM
1st march oral pass50/200

Written
Paper 1 - 50/200
Paper 2 40/200

Corporate member
PAM:
Prof Arch form B

1 year out side

1 year in
Malaysia

2. Board of architect Malaysia

a. Board of architect Malaysia to be a body corporate with perpetual
succession and a common seal and which may sue and be used
b. The board shall consist of following members in Malaysia and appointed
by the minister:
A president who shall be appointed from among professional
architect
Five professional architect who are in the public service of the
federation, states, local authority or statutory authority
Eight professional architect have been in private practice for at
least five years in Malaysia , three of whom shall be from
nomination list submitted by the council of pertubuhan arkitek
Malaysia
3. Function the board

Keep and maintain a register of professional architect, graduate architect

consultancy practices
To approve and reject application for registration under this actor to
approve any such application subject to such a condition or restrictions as it
may deem fit to impose
To issuance of written reprimand, the imposition of a fine, suspension or
cancellation of registration, removal from or reinstatement into the
registration, removal from reinstatement into the registers in accordance
with this act
To fix time to time with the approval of the minister the scale of fees to be
charge by professional architect, architectural consultancy services
rendered
To hear and determine disputes relating to professional conduct or ethics of
professional architect, graduate architect and to appoint a committee,
arbitrator or arbitrators to hear and determines such disputes
To determine and regulate the conducted and ethics of professional
architect , graduate architect, interior design and building draughtsmen
To represent the profession in any matter in which it may necessary or
expedient and to examine and if thought fit to report upon current
legislation and any others local matters submitted to it or to makes

recommendation to government or any public or building authority or any

institute, body or society for time to time being representing the profession
to appoint examiners or panel may appointed by any institute
to appoint members sit any boards, committee or bodies formed any
purpose effecting the profession and to appoint members on the board to sit
on board of engineer of engineer and the board of quantity surveyor in
accordance with the relevant laws
to provide the scholarship and others facilities for the promotion of
learning and education in connection with architecture

4. PAM: Code of professional conduct

Principle one
Faithful discharge of responsibilities

Principle two
Remuneration

Principle three
Advertising and soliciting

Principle four
Involvement with other trades

Principle five
Partnership with other person

5. Professional architect

(Architectural practice) types of practice

a.
b.
c.
d.

Sole proprietor ship - single

Partnership minimum 2 AR (LAM)
Body corporate minimum 2 AR (company act)
Multi AR (other profession)

6. Registration of architect

Section A - which shall contain the names, business,

address and others particulars of professional
architect

Section B - which shall contain the names, business,

address and others particulars of graduates architect

Section C - which shall contain the names, business,

address and others particulars of consultancy
practices
7. Architectural consultancy
Section 7(1)

Recover in any court any charge, fee remuneration or other form of

consideration for any architectural consultancy service , rendered
by it pursuant to its practice as an architectural consultancy practice
carried on by virtue of this section if register with the board as an
architectural consultancy practice and has been issued with a
certificate of registration

Every application by a sole proprietorship, partnership or body

cooperate for registration as an architectural consultancy practice
shall be made in board accompanies by the fee
The Board shall register a sole proprietorship, partnership or body
corporate as an architectural consultancy practice, subject to such
conditions and restrictions as it may deem fit to impose, if
The sole proprietor is a professional architect
All the partners are professional architect
In case of body corporate :
- Hass a board directors comprising who are
professional architect
- Has shared held by members of the board of director
are mention in subparagraph (i)solely or with any
others person who are professional architect
Has a minimum paid up capital which shall be an
amount to be prescribed by the board

8. Qualification for registration

Any person holds the qualification recognised by the board

Practical experience as may be prescribed by the board and
pass the examination as may be determine by the board

The person shall be entitled on application to be registered

under section A of the register as professional architect

Is a graduate architect
Has obtain practical experience
Pass the examinations
Is a cooperate members of the pertubuhan arkitek
Malaysia or has obtain qualification which the
board considers to be equivalent thereto

Only permanent resident of Malaysia may qualified

for registration as a graduate architect unless he is
the at the time of application registration and has
been for a period of not less than six month prior to
the date application, residing in malaysia

LECTURE 3
ARCHITECTS (SCALE OF MINIMUM FEES) RULES 2010
1.0

Part I - Preliminary

1. Citation - These Rules may be cited as the Architects (Scale of Minimum Fees) Rules 1986.
2. Payment of fees - An Architect who is engaged by a client to perform any of the
professional advice and services described in Part II shall not charge less than the scale of
minimum fees described in Part III in addition to the other payments described in Part IV,
provided that higher fees and charges where justified by the Architect's special expertise,
experience or standing may be applied with the prior agreement of the client.
3. Interpretation - contractor means any person or persons, firm or company under a
contract with the client to perform the work or to supply goods in connection with the work or
both and includes a sub-contractor; cost of works means the total cost to the client, however
incurred, of all builders and specialist or sub-contractors works, services, installations and
equipment designed, specified or allowed for and forming an integral part of the total project
to enable it to function fully and occupied up to its intended standards of comfort,
convenience, decor and finishes and including any payments (before deduction of any
liquidated damages or penalties payable by the contractor to the client) made by the client to
the contractor by way of bonus, incentive or ex-gratia payments or in settlement of claims; a
fair valuation of any labour, materials, manufactured goods, machinery or other facilities
provided by the client, and of the full benefit accruing to the contractor from the use of
construction plant and equipment belonging to the client which the client has required to be
used in the execution of the works; the market value, as if purchased new, of any second-hand
materials, manufactured goods and machinery incorporated in the works; price variations
arising from escalation of prices; but shall not include operating equipment or machinery that
are not an integral or essential part of the building, administrative expenses, costs
incurred by the client under the agreement between the client and the Architect, interest
on capital employed during construction, and the cost of raising money required for carrying
out the construction of the works, cost of land and way leaves.
shall be arrived at as follows:

The cost of works

(a)

For completed works, the total final cost of all works including variations or the
original contract sum whichever is the greater;

(b)

For works tendered but not awarded, the lowest acceptable tender received less
contingency sum, prime cost, or provisional sums for which no design work has been
undertaken; and

(c)

For works where tenders have not been received, the latest estimate of costs prepared
by the Architect and accepted by the client. multiplier means a factor derived from
the elements covering annual salary; fringe benefits including bonuses, Employees
Provident Fund, staff savings and pension fund, subscriptions to professional
institutions; payments to registration boards, leave, medical aid and insurances,
seminars, conferences and workshops; office administrative charges and expenses
including rentals, telephone, telex, facsimile, courier and postal charges, stationery,
subscriptions to journals, promotion, training and scholarships, transport cost, legal
and audit fees; bank charges, idle time and profits.

In the case of site staff

recruited specially for the project, the multiplier shall be derived from the elements
covering the annual salary, gratuity, Employees Provident Fund, medical aid,
insurances, transportation and other allowances, overheads and profits; salary means
the basic salary paid by the architectural firm or company to an Architect or other
technical staff or the basic salary of directors of the company or the monthly drawings
by partners in a partnership firm including any statutory contributions, but excluding
any bonuses, allowances, or ancillary benefits; time cost means the annual salary of
any person employed by the Architect divided by 1,800 (being deemed to be the
average annual total of effective working hours of an employee) and multiplied by the
number of working hours spent by such person in performing any of the services in
respect of which payment is to be made to the Architect upon the basis of time cost.
The annual salary of a person for a period of less than a full year shall be calculated
prorata to such persons salary for such lesser period.

2.0

Part II - Professional Advice & Services

The advisory services to be provided by the Architect shall be as follows:

(i)

Ascertaining the client's objectives, brief and constraints for the project and
advising the client on how to achieve the objectives;

(ii)

Inspecting and advising the client on the selection and suitability of proposed
sites, conducting or taking part in negotiations connected therewith, taking
levels and preparing measured drawings, plans of the sites, sites and buildings
or existing buildings;

(iii)

Preparing and refining the brief in consultation with the client and interpreting
the client's objectives to arrive at an agreed brief for the project;

(iv)

Carrying out such studies as may be necessary for the project and reviewing
with the client alternative design and construction solutions, evaluating their
respective advantages and disadvantages and advising on all relevant aspects
of obtaining statutory approvals necessary for the implementation of the
project;

(v)

Preparing the outline project plan which may include a preliminary cost
estimate, a preliminary project planning and implementation schedule, a
preliminary cash flow projection including probable construction costs and
fees and a resource plan;

(vi)

Advising the client on the need for geotechnical, civil, structural, mechanical
or electrical engineering, quantity surveying or other specialist consultants'
services, inviting, obtaining and evaluating submissions and making
recommendations to the client for their appointments if necessary; and

(vii)

Advising the client on the resident site staff required for the project and
estimating the cost of their employment and the duration of their employment.

3.0

The basic services to be provided by the Architect shall be as follows:

3.1

Basic Services

(a) Schematic Design Phase

(b) Design Development Phase
(c) Contract Documentation Phase
(d) Contract Implementation and Management Phase
(e) Final Completion Phase
3.2

Surveys and investigations

The services to be provided under this category are (i)

Preparing measured surveys, taking levels and preparing plans of sites and
existing buildings;

(ii)

Inspecting, reporting on and giving advice on the condition of existing

buildings; printed from www.lam.gov.my 6

(iii)

Preparing schedules of dilapidations for either the landlord or tenant, taking

particulars of sites, preparing specifications for repairs and supervising their
execution;

(iv)

Undertaking structural surveys of a building and ascertaining the extent of

defects which may affect its value;

(v)

Investigating building failures and arranging and supervising work by

contractors or specialists;

(vi)

Surveying and measuring existing buildings, preparing specifications and other

documents for repairs, restoration or conservation work, administering the
contract and inspecting the works during their execution; and

(vii)

Inspecting buildings and properties and preparing valuations for mortgage or

other purposes.

3.3

Planning and development services

The services to be provided under this category are

(i)

Preparing a preliminary technical evaluation of a project to enable the client to

reach a decision on whether to proceed and the possible form and content of
the project;

(ii)

Preparing plans for housing development or other schemes including

preliminary layout plans as may be required for discussion with the relevant
authorities leading to the preparation of detailed development plans based on
the layout plan as approved by either the relevant authority or the client to
enable the project to be implemented; and

(iii)

Preparing documents and providing all other services necessary in connection

with demolition works for the erection of a new building when undertaken
separately from the contract.

3.4

Supplementary Design Services

The services to be provided under this category are (i)

Providing interior design services including taking the client's instructions,

formulating the brief, deciding on the themes for the various spaces, estimating
and establishing the budget and planning and implementation schedules,
preparing

sketch

layouts

and studies, preparing

working and

construction drawings, details, schedules and materials or colourPrinted

from www.lam.gov.my 7 boards, designing special items of furniture where
appropriate or giving detailed advice on the selection of furniture, fittings and
soft furnishings, preparing tender documents, obtaining tenders or quotations
and advising thereon, accepting on behalf of the client offers for
implementation, preparing the contract documents where necessary, managing
the contract, supervising the works during the stages of implementation,
checking and processing claims from contractors for payment and issuing
certificates of payment and accepting on behalf of the client the works on
completion;
(ii)

Providing landscape design services including the preparation of conceptual

landscaping proposals, implementation documents, obtaining and evaluating

competitive tenders, recommending and awarding contracts, administering the

contract and inspecting works in progress;
(iii)

Designing graphics and signage in connection with projects and providing all
necessary services for their execution;

(iv)

Advising the client on the selection of works of art or commissioning of

decorative works and supervising their installation; and

(v)

Undertaking special studies in connection with the development of designs for

prototype buildings or models including their testing and evaluation.

3.5

Financial Advisory Services

The services to be provided under this category are (i)

Preparation of cost estimates for projects comprising the cost of site acquisition
and

development,

building

construction

and

infrastructure

services,

landscaping, furniture and equipment and estimated cash flow requirements for
the various cost centers; and
(ii)

Preparation of Schedules of Rates and other related documents for tendering

purposes, inviting tenders on behalf of the Client, examining tenders received
or negotiating tenders and prices with shortlisted or selected contractors and/or
sub-contractors under any contract system, valuing variations and other
applications for interim payments and preparing the final accounts.

3.6

Exceptional Negotiations or Protracted Involvement

The services to be provided under this category are (i)

Participating in special or protracted negotiations in connection with

applications for town planning or other statutory approvals including
applications for conversions of title to land for development purposes, changes
in land use zoning, densities, waivers and appeals;

(ii)

Amending the content, scope, design or details of a project, building or any of

its parts upon the client's instructions after approvals at various stages have
been given by the client and requiring the Architect to either amend or prepare
new drawings or production information after they have been finalized;

(iii)

Continuing professional services on a protracted basis due to causes beyond

the Architect's control and not directly or indirectly caused by actions of the
Architect but may be caused by certain decisions of the client, breach of
contract by either of the parties to the building contract, strikes, or such
similar causes and which will involve the Architect in additional time or work;

(iv)

Additional services arising from the failure of the client to award a contract in
due time;

(v)

conferring with solicitors, attending court, arbitration and enquiries in

connection with statutory approvals.

3.7

Project Management and Administration

The services to be provided under this category are (i)

Providing total project management services from the inception to completion

of a project including preparation of project briefs, appointing and coordinating
all consultants, contractors and suppliers, preparation of various levels of
project schedules for planning and implementation and monitoring all the
activities and elements relative to the agreed targets, preparing reports and
their submission to the client, and accepting the completed works on behalf of
the client;

(ii)

Providing periodic or full time resident site personnel for frequent or constant
inspection of the works;

(iii)

Providing the full services required for construction management in serving as

the overall coordinator where separate contracts for each trade are awarded;

(iv)

Preparing as built drawings of buildings on which the Architect was not the
designer;

(v)

Preparing a programmed for the maintenance of a building and arranging

maintenance contracts.

Notwithstanding the services as may be provided by the Architect as described in this part of
the Rules, and where an independent specialist consultant is appointed directly by the Client
or by the Architect, such services that would otherwise be specialist consultant, in
collaboration with the Architect, whose terms of appointment shall be in accordance with the
relevant rules.
4.0

Part III - Scale of Minimum Fees

The Architect in providing any of the advisory services described in Rule 4 shall be paid on
either the basis of time spent by the Architect and his staff or on a lump sum derived from an
estimate of time likely to be spent at not less than the scale of fees as prescribed hereunder
and in either case, the Architect shall be reimbursed for all other incidental and out of pocket
expenses (a)

The principals shall be paid at the hourly rate or rates deduced from the salary times
the appropriate multiplier;

(b)

The technical and supporting staff shall be paid the salary times the appropriate
multiplier;

(c)

The cost of staff other than technical staff shall not be charged unless otherwise
agreed; and

(d)

Reimbursable expenses are paid as set out in Part IV.

5.0

Fees for full basic services

The Architect in providing the full basic services as described in Rule 5 shall be paid in
accordance with the minimum scale of fees as described below :
(i)

For building types of exceptional character and complexity classified under

Category 1 in the Schedule:

TOTAL COST OF WORKS

RM 500,000 and below
RM 500,000 - RM 1,000,000
RM 1,000,000 - RM 2,000,000
RM 2,000,000 - RM 4,000,000
RM 4,000,000 - RM 8,000,000
RM 8,000,000 - RM 16,000,000
RM 16,000,000 -RM32000,000
RM 32,000,001 - RM64,000,000
RM64,000,001-RM128,000,000
RM128,000,001-RM256,000,000
RM256,000,001-RM512,000,000
RM512,000,001 and above

(ii)

MINIMUM PERCENTAGE FEE

10.0%
RM 50,000 + 9.25% X (Cost less RM 50,000)
RM 96,250 + 8.5% X (Cost less RM 1000,000)
RM 181,250 + 7.75% X (Cost less RM 2,000,000)
RM 336,250 + 7.0% X (Cost less RM 4,000,000)
RM 616,250 + 6.25% X (Cost less RM 8,000,000)
RM 1116,250 + 5.5% X (Cost less RM 16,000,000)
RM 1,996,250 + 5.00% X (Cost less RM 32,000,000)
RM 3,596,250 + 4.5% X (Cost less RM 64,000,000)
RM 6,476,250 + 4.25% X (Cost less RM 128,000,000)
RM 11,916,250 + 4.00% X (Cost less RM 256,000,000)
RM 22,156,000 + 3.75% X (Cost less RM 512,000,000)

For building types of average complexity requiring a moderate degree of

design and detailing classified under Category 2 in the Schedule :

TOTAL COST OF WORKS

RM 500,000 and below
RM 500,000 - RM 1,000,000
RM 1,000,000 - RM 2,000,000
RM 2,000,000 - RM 4,000,000
RM 4,000,000 - RM 8,000,000
RM 8,000,000 - RM 16,000,000
RM 16,000,000 - RM32,000,000

MINIMUM PERCENTAGE FEE

7.5%
RM 37,500 + 7.0% X (Cost less RM 500,000)
RM 72,500 + 6.5% X (Cost less RM 1000,000)
RM 137,500 + 6.0% X (Cost less RM 2,000,000)
RM 257,500 + 5.5% X (Cost less RM 4,000,000)
RM 477,500+ 5.0% X (Cost less RM 8,000,000)
RM 877,500 + 4.75% X (Cost less RM 16,000,000)

RM32,000,001-RM48,000,000
RM48,000,001-RM64,000,000
RM64,000,001-RM80,000,000
RM80,000,001-RM96,000,000
RM96,000,001-RM112,000,000
RM112,000,001 and above

(iii)

RM 1637,500 + 4.50% X (Cost less RM 32,000,000)

RM 2,357,500 + 4.25% X (Cost less RM 48,000,000)
RM 3,037,500 + 4.00% X (Cost less RM 64,000,000)
RM 3,677,500 + 3.75% X (Cost less RM 80,000,000)
RM 4,277,500 + 3.50% X (Cost less RM 96,000,000)
RM 4,837,500 + 3.25% X (Cost less RM 112,000,000)

For building types of the simplest utilitarian character classified under

Category 3 in the Schedule :

TOTAL COST OF WORKS

RM 1,000,000 and below
RM 1,000,000 - RM 2,000,000
RM 2,000,000 - RM 4,000,000
RM 4,000,000 - RM 8,000,000
RM 8,000,000 - RM 16,000,000
RM16,000,001-RM32,000,000
RM32,000,001-RM64,000,000
RM64,000,001 and above

Sample of fees calculation A

MINIMUM PERCENTAGE FEE

5.0%
RM 50,000 + 4.75% X (Cost less RM 1,000,000)
RM 97,500 + 4.5% X (Cost less RM 2,000,000)
RM 187,500 + 4.25% X (Cost less RM 4,000,000)
RM 357,500 + 4.0% X (Cost less RM 8,000,000)
RM 677,500 + 3.75% X (Cost less RM 16,000,000)
RM 1,277,500 + 3.5% X (Cost less RM 32,000,000)
RM 2,397,500 + 3.25% X (Cost less RM 64,000,000)

Sample of fees calculation

If it is more than one category of building types shall be as follows:
(i)

The total cost of the works under the simpler category of complexity of
building types shall be derived and the fees computed in accordance with the
scale of minimum fees for the simpler category of complexity; and

(ii)

The additional fee for the next more complex category of building types which
shall be computed by applying the difference between the scale of fees of the
two categories upon the cost of the works for the more complex category of
building types and with the total cost of all common and preliminary items
apportioned between the two different categories of building types.

The fees payable for services rendered where a design for a building is repeated in the
construction of subsequent units on the same site and under a single building contract for
which standard type drawings, specifications and other documents are used may be reduced
for the subsequent units in accordance with the following:

Buildings other than housing:

BUILDING UNIT

PERCENTAGE OF THE APPROPRIATE

FEE BASED ON THE TOTAL COST OF

For the 1st unit

2th to 5th unit
6th to 9th unit
10th and subsequent units

WORKS
100%
40%
35%
30%

Architectural consultancy practice is engaged to render basic service which entail repetitive
work for the purpose of separate building contracts, where the construction works are
executed on different sites or at different contract periods, the fees shall be computed as
follows:
BUILDING UNIT

PERCENTAGE OF THE APPROPRIATE

FEE BASED ON THE TOTAL COST OF

For the 1st unit

For 2nd unit
For the 3rd unit
For the 4th and subsequent units

WORKS
100%
65%
55%
45%

For housing, where the design of the building is repeated in the construction of subsequent
units executed on the same site and under a single building contract for which standard type
drawings, specifications and other documents are used, the fees shall be computed as follow:
BUILDING UNIT

PERCENTAGE OF THE APPROPRIATE

FEE BASED ON THE TOTAL COST OF

WORKS
100%
75%
50%
40%
30%
20%

For the 1st unit

2th to 10th unit
11th to 30th unit
31th to 60th unit
61th to 100th unit
101th unit and above

The Architect's fees for providing the services under the supplementary services as described
in Rule 6 shall be not less than the following:
(a) Surveys and investigations
(b) Planning and development services
(c) Supplementary Design Services
(d) Financial Advisory Services
(e) Exceptional Negotiations or Protracted Involvement
The fees payable to the Architect shall be made as follows:
UPON

COMPLETION PERCENTAGE

FEE CUMULATIVEPERCENTAGE

OFEACH PHASE

FOR

FEE FOR PHASE

Schematic Design Phase

Design Development Phase
Contract Documentation phase
Contract Implementation and

PHASE
15%
30%
25%
25%

15%
45%
70%
95%

Management Phase
Final Completion Phase

5%

100%

6.0

Other Payments

In addition to the fees payable to the Architect for any of the services rendered, the Architect
shall also be entitled to be reimbursed by the client for the disbursements actually incurred

(a)

In printing, reproducing all documents, drawings, maps, models, photographs

and other records including those used in communication between the
Architect and the other independent consultants and contractors with the
exception of one free set of all documents to be provided to the client at all
phases of the work during the Architect's basic services and in making
enquiries to contractors, subcontractors and suppliers;

(b)

In sending telegrams, telex, facsimile transmissions, and in making telephone

calls other than local;

(c)

For postage and courier charges for sending documents or other items at the
request of the client;

(d)

When travelling including hotel and other related expenses;

(e)

In making advertisements for calling of tenders and for site personnel; and

(f)

In fees payable to independent consultants where they are engaged directly by

the Architect with the prior approval of the client.

CLASSIFICATION

OF

BUILDING

TYPES

UNDERCATEGORIES

COMPLEXITY
CATEGORY 1 - Buildings of exceptional character and complexity

Airport terminal buildings

Abbatoirs
Chancery buildings
Embassy buildings
Ferry terminal buildings
Hospitals (Service, teaching, central-support units or departments to hospitals)
Individually - designed houses
Legislative buildings
Mausoleums
Memorials
Monuments

OF

Museums
Observatories
Palaces
Renovation works

CATEGORY 2 - Buildings of average complexity requiring a moderate degree of design

and detailing

Aquaria
Art galleries
Assembly halls
Auditoria
Bakeries
Banks
Bowling alleys
Cinema halls
Club houses
College buildings
Concert halls and theatres
Convention halls and facilities
Court houses
Crematoria
Cafeteria and canteens
Civic centres
Community centres
Departmental stores
Exhibition/exposition buildings
Fire stations
Flat (blocks of)/Apartment buildings
Gymnasia
Hotels
Housing estates
Industrial buildings with manufacturing and packaging facilities
Kindergarten
Libraries
Marinas
Markets
Medical and health clinics
Mixed residential/commercial complexes
Motels
Nursing homes
Office buildings
Parking structures (multi-storeyed)
Petrol filling and service stations

Prisons
Post offices
Police stations
Prefabricated structures
Power stations
Recreational buildings and facilities
Restaurants
Road transportation terminal buildings
Religious buildings
Research buildings
School buildings (other than government primary and secondary schools where

standard plans are used)

Shophouses
Shopping centres/complexes
Skating rinks (covered, ice/roller skating)
Sports buildings
Stadia
Supermarkets
Telephone exchange buildings
University buildings
Veterinary clinics

CATEGORY 3 - Buildings of the simplest utilitarian character

Carports (single-storeyed)
Farm buildings
School buildings (government and government-aided primary and secondary schools -

where standard plans are used)

Simple industrial type buildings
Storage or warehouse buildings

LECTURE 4
CALCULATION
1.0

3 category of complexity

By using scale of minimum fees PART III, (architect act, pg 138)

23. Fees for basic service;

Total construction cost/cost of work

building cost:
GFA/NFA (built up area)x Rm/m2 =RM.. 1/2 for open space
1. Exceptional character

10%

(using schedule RM 500k and below)

RM 500k
cost x 10.00%
=500k x 10%
=50k

(using schedule RM 2,000,001-RM 4000k)

RM 2.5 million
[(cost - 2000k) x7.75%] + RM 181,250
=[(2500k-2000k)x7.75%] + RM 181,250
=RM 220k

*Estimate budget for client

2. Average complexity

7.5%

25 unit terrace,
NFA 200m2 x RM 1500/m2 = RM 300k

(using schedule RM 500k and below)

RM 300k
cost x 7.50%
(using schedule fee payable for repetitive work) for housing; pg 141
1st unit
= 300k x 7.5%
= RM 22500
(using percentage x total RM from 1st unit x total unit)
2rd - 10th unit = 75% x 22500 x 9
= RM 151875
11th 25th
= 50% x 22500 x 14
= RM 157500
Total = RM 331875

3. Simplest utilitarian character

5%

(using schedule RM 2,000,001-RM 4000k)pg 140

RM 2.5 million
[(cost - 2000k) x4.50%] + RM 97,500
= [(2500k-2000k)x4.50%] + RM 97,500
= RM 120k

2.0

Example:
-

What are the stages and schedule for planning for work done.
o Payment for basic service:

Upon completion of each phase

Percentage of total fees

Schematic design phase

Design development phase
Contract documentation phase
Contract implementation& management phase
Final completion phase

15%
30%
25%
25%
5%

What are the category of complexity for consideration in fee calculation for
professional fee and describe the table for percentage related.
o Supplementary services
Not include in basic service but can be provided by the architectural practice
o Additional services
Provided by the architectural consultancy practice under separate appointment
o Advisory services
Provided by the architectural consultancy practice

3 category of complexity

Category 1- exceptional character

Category 2- moderate complexity
Category 3- simplest character

Category 1
Total cost of work

Min percentage fees

RM 500k below
RM 500,001 RM 1000k
RM 1000,001 - RM 2000k

Cost x 10%
[cost RM 500k] x 9.25% + RM 50k
[cost RM 1000k] x 8.50% + RM 96,250

Category 2
Total cost of work

Min percentage fees

RM 500k below
RM 500,001 RM 1000k
RM 1000,001 - RM 2000k

Cost x 7.5%
[cost RM 500k] x 7.0% + RM 37,500
[cost RM 1000k] x 6.50% + RM 72,500

Category 3
Total cost of work

Min percentage fees

RM 1000k below
RM 1000,001 RM 2000k
RM 2000,001 - RM 4000k

Cost x 5.0%
[cost RM 1000k] x 4.75% + RM 50k
[cost RM 2000k] x 4.50% + RM 97,500

LECTURE 5

1.0

LAWS & LEGISLATION RELATED TO LAND MATTER

-

National Land Code 1965 (Act 56)

Land Acquisition Act 1960 (Act 436)

Strata Title Act 1985 (Act 318)

Land conservation Act 1960 (Act 385)

NATIONAL LAND CODE

The National Land Code (NLC) is the law regarding land Administration in the
Peninsular Malaysian. Yet, it does not apply in the state of Sabah and Sarawak.
Nothing in this Act can affect the previous implementation or anything that is made
under, any previous land law, so far as they relate to land, the provisions of any other
law enacted before the commencement of this Act.

The National Land Code (NLC) states that land includes:

i.

The surface of the earth and all substances forming that surface.

ii.

The earth below the surface and all substances therein.

iii.

All vegetation and other natural products, whether or not requiring the
periodical application of labour to their production and whether on or below
the surface.

iv.

All things attached to the earth or permanently fastened to anything attached to

the earth, whether on or below the surface.

v.
-

Land covered by water.

Land can be categorized into five groups :

Alienated land
(Registered title)

Mining land
(Mining leases)

Forest reserve
(Land gazette under the national
Forestry Act 1984)

Reserved land
(Land reserved for public
purpose under
Section 62 of the NLC)

State land
(all land in the state, other than
above mentioned)

Based on registration of land enabling transaction from landowners to land developers

for development purposes.

Effective on 1 January 1966 as main land law administrating land in Peninsular

Malaysia

If conditions imposed under NLC contrasting to local authority, NLC conditions

prevail (section 108)

Generally restrict foreigners from buying agriculture and building lands, but not
industrial lands under State Authority approval

Land of ownership :

Through
transaction

Through
inheritance

Land acquisition through

alienation from state authority

Form of Title:

Freehold, land held in

perpetuity, without expiry date.

Categories of land use (implied conditions)

Agriculture

Leasehold land held for a

term of years

Building

Industry

National Land Code 1965 (Act 56)

Conversion of
Land Use

Subdivision of
Land

Amalgamation
of Land

Conversion of Land Use

Conversion and
Subdivision

Surrender and
Re-alienation

Owner of the alienated land may apply to SA, to change the use of the existing
land category :

Rescind any express

condition of restrictions
in interest

Alter any
category of land
use

Amend any express

conditions or restrictions
in interest

Subdivision of Land

Apply to SA for Subdivision of land into two or more portions, under separate
titles, if complied with :

Necessary approval of
planning authority had
been approved

Not contrary to any plan

approved by SA, etc.

Original land title replaced by two or more separate titles.

Conversion and Subdivision

Owner may apply for subdivision and the same time apply for land conversion.

Expedite planning approval and issue of tittles.

Amalgamation of Land

Amalgamation of two or more contiguous lots of alienated land into one, under
one title;

Same mukim, town or village, etc.

Surrender and Re-alienation

Special provisions to expedite multiple process of conversion, amalgamation

and subdivision:

Land owners surrender

lands to SA

SA immediately realienates land according

to approved layout

Land use changes and trends of change or modify in Malaysia were directed and
influence by policies and strategies legislated by Federal and State Governments.

Also other factors that influence the land use changes due to the process of
urbanization, and the availability of the agriculture land and suitable to be developed
for urban areas.

With reference to the planning requirements for development, the National Land Code
(1965) provides guidelines on the procedures for planning applications.

The development proposal involves four main stages which require approval:

Application for
land matters

Application for
building plans

Application for
planning
permission

Application of
land matters is
processed by:

Application for
earthworks plan and road
and drainage

District Land Office/

Department of Land and Mine

Application of planning
permission, building
plan, Earthwork plan &
road & drainage plan

Local authorities
Planning dept,
Building dept,
Engineering dept.

Change of Use Land in Malaysia simply means the change of original use of any
alienated land that effects its restriction in interest, express conditions and category of
land use as opposed to what has been earlier approved by the State Authority upon
alienation.

Modification of a particular land use may involve changes in the intensity of this use a
s well as alterations of its characteristic qualities /attributes such as changes from low
income to high-income residential areas (the buildings remaining physically and
quantitatively unaltered).

In other example, Section 204, Part 12, deals with a special procedure to undertake
land development through surrender and re-alienation where the restricted lands may
be given back to the State Authority and then re-alienated to the landowners so as to
remove the constraints or restriction in interest, wherever possible.

Part 7 of the NLC (1965) specifies the conditions and restrictions in the interest of
alienated land in relation to the category of land use and the procedure to remove the
restrictions and conditions.

2.0

LETTER OF ACCEPTANCE APPOINTMENT

Why the need of an Appointment Letter

The meaning and

need of an agreement

Legal
document

Disputes

A letter of an offer by the Professional Architect and an acceptance by the Client.

Memorandum of agreement between the Client and the Professional Architect for
Architectural Consultancy Services: Fourth Schedule of Architects Rules 1996 SubRule 29(1).

3.0

FORM
-

Architects Rules 1996 (incorporating amendments up to June 2011): Part III

Registration of Architects: Form of Application, Rules 17, 18, 19, 20, 21 & 22
FORM A

Certificate meant for Graduate Architect

FORM B

Certificate for Professional Architect

FORM F

Application for Registration of Sole

Proprietorship/Partnership as an Architectural
Consultancy Practice

FORM G

Application for registration of Body Corporate as an

Architectural Consultancy practice (Sec. 7A)

FORM H

Application for Registration of Body Corporate as an

Architectural Consultancy Practice (Sec. 7B)

LECTURE 6

AGREEMENT AND CONDITIONS OF PAM CONTRACT 2006

PAM covered building work only

PAM Standard Form of contract

for private sector and traditional
general contract

Pam contract not covered: Engineering construction contract

(other than building)
Package deal / Turnkey
Management type
Domestic subcontract
Serial contract
Periodic / Term contract
Continuation control
Other miscellaneous contract

Standard form for PAM (Building

work):
PAM 98 - with quantities
PAM 98 without quantities

Issues for PAM 1998

Period of
Interim
Certificate
One month
(Clause
30.2)

Issue of Interim
Certificate of Site
Valuation
Upon the receipt of
Contractor details
and particulars

Period of
Honouring the
Certificate
14 days from the
date of the issues
of interim
Certificate

Issuing
Person

Amount to be Paid

Architect

Value of work done

+90% Material on
Site

m, m, kg
Rate
PAM contract

with Quantity

Calculation

without Quantity

Lumpsum
-Foundation
-Structure
-Wall
-Roof
-Window

LECTURE 7
1.0

EXTENSION OF TIME (EOT)

Amount

Schedule of Rate

Extension of time will be applied when the completion of work is delayed beyond the
Completion Date and possibly been granted with Relevant Events.
The parties that involves in the EOT are:

Main Contractor

Architects - Architect Instruction (AI)

Nominated Sub-contractor (NSC)

Firstly, all issues are to be subjected to Architect

Instruction (AI) as

stated in PAM contract 2006, Clause 2.0, in Appendix.

Refer to PAM contract 2006, Clauses 23.1(a) & 23.1(b)
The extension of time possibly is applied because of Relevant Events stated in Clause 23.8
that may causes delay of Completion Date. Therefore, the main contractor should prepared
notice to the Architects in order to claim for extension (with evidence) within 28 days
respond whether grant EOT/ not, respond, repeat.

Delay by NSC also included in EOT as mention in Clause 23.2 and NSC scope of works
includes in Prime Cost (PC) as listed below:
PRIME COST

Specialist Work
-Fire Fighting
-Lift
- Water
Nominated Sub-Contractor
-Electrical
(NSC)

to

-Mechanical
Therefore, the PC Sums includes in the Contract Sums which related in EOT issues as below:
CONTRACT BILL
Main Contract
Prime Cost (PC sum) specialist
Provisional sum
Contigency sum
CONTRACT SUM

Architect Instruction
(AI)

As shown above AI involves directly or indirectly in every issues that have been subjected
and it also stated in Clause 11.4.
Claim includes:
1. Liquidated damages
2. Loss and Expenses

Natural
Instruction (AI)

These claim required a Certificate of Non-Completion or Certificate of Extention of Time as

stated in Clauses 22.1, 22.2 & 22.3 in order to apply for EOT.

Problem that could possibly cause a delaying Completion Date are:

Worker (refer PAM contract 2006, Clause 23.6)

Material
Machinery

These problem also can be identify through Work Program and S curve in Work Progress
Graph
2.0

SKETCHES OF WP & S CURVE

Another causes that may delay the Completion Date and possibly apply for EOT is related to
PAM Contract 2006, Clause 21.4, where postpone or suspension of all or any part of the
works should be issued by the Architect.
In conclusion, rationality in EOT
1. Complete [fulfil completion day]
2. Variation order (VO)
3. Based on Work Program
As example, in order to change A to B, A must finish first before change B and possible for
EOT. However, if the changes disturb the progress, it must refer to Critical Path which
includes VO or etc. to apply for EOT.