The Implementing Rules and Regulations (Irr)

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THE IMPLEMENTINGRULES AND

REGULATIONS (IRR)OF REPUBLIC ACT NO.9266:

RULE 1TITLE, POLICY STATEMENT, DEFINITION OFTERMS, AND SCOPE OF PRACTICE


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Section 1: TITLE

The Rules and Regulations shall beknown as THE RULES AND REGULATIONSIMPLEMENTING THE PROVISIONS OF

REPUBLIC ACT NO. 9266, otherwiseknown as THE ARCHITECTURE ACT OF2004. For brevity, it may be cited as IRRof the Architecture Act of 2004.


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Section 2: STATEMENT OFPOLICY

The State recognizes the importance of architectsin nation building and development. Hence, it shalldevelop and nurture competent, virtuous, productiveand well-rounded professional architects whose

standards of practice and service shall be excellent,qualitative, world-class and globally competitivethrough inviolable, honest, effective and crediblelicensure examinations and through regulatory

measures, programs and activities that foster theirprofessional growth and development.

This IRR of the Architecture Act of 2004 shallbe interpreted, construed, and carried out in the

light of the Statement of Policy found in Section 2 ofRepublic Act No. 9266.


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Section 3: DEFINITION OFTERMS

As used in this IRR of the Architecture Act of2004, in R.A. No. 9266 or other laws, the followingterms shall be defined as follows:

(1) Architecture the art, science, or professionof planning, designing and constructing buildings intheir totality taking into account their environment,

in accordance with the principles of utility, strengthand beauty.

(2) Architect a person professionally and

academically qualified, registered and licensed


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Certificate of Registration and ProfessionalIdentification Card issued by the ProfessionalRegulatory Board of Architecture and theProfessional Regulation Commission, and who is

responsible for advocating the fair and sustainabledevelopment, welfare and cultural expression ofsocietys habitat in terms of space, forms andhistorical context.

(a) Architect-of-record the architect who isdirectly and professionally responsible for thetotal design of the project for the client and whoshall assume the civil liability for the plans,

specifications and contract documents he/she hassigned and sealed.


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(b) Architect-in-charge of construction an architect who is directly and professionallyresponsible and liable for the constructionsupervision of the project.

(c) Consulting Architect the architect whois professionally and academically qualified withexceptional or recognized expertise or specializationin any branch of architecture.

(3) General Practice of Architecture the actof planning and architectural designing, structural

conceptualization, specifying, supervising and givinggeneral administration and responsible


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direction to the erection, enlargement oralterations of buildings and building environmentsand architectural design in engineering structures orany part thereof; the scientific, aesthetic and orderly

coordination of all the processes which enter into theproduction of a complete building or structureperformed through the medium of unbiasedpreliminary studies of plans, consultations,

specifications, conferences, evaluations,investigations, contract documents and oral adviceand directions regardless of whether the personsengaged in such practice are residents of thePhilippines or have their principal office or place of

business in this country or another territory, and


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all of these duties, or whether such duties areperformed in person or as the directing head of anoffice or organization performing them.

(4) Scope of the Practice of Architecture encompasses the provision of professional servicesin connection with site, physical and planning and

the design, construction, enlargement, conservation,renovation, remodeling, restoration or alteration of abuilding or group of buildings. Services may include,but are not limited to:

(a) planning, architectural designing andstructural conceptualization;


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(b) consultation, consultancy, giving oral orwritten advice and directions, conferences,evaluations, investigations, quality surveys,appraisals and adjustments, architectural and

operational planning, site analysis and other pre-design services;

(c) schematic design, design development,contract documents and construction phases

including professional consultancies;

(d) preparation of preliminary, technical,economic and financial feasibility studies of plans,models and project promotional services;


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(e) preparation of architectural plans,specifications, bill of materials, cost estimates,general conditions and bidding documents;

(f) construction and project management,giving general management, administration,supervision, coordination and responsible directionor the planning, architectural designing,construction, reconstruction, erection, enlargement

or demolition, renovation, repair, orderly removal,remodeling, alteration, preservation or restoration ofbuildings or structures or complex buildings,including all their components, sites andenvironments, intended for private or public use;


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(g) the planning, architectural lay-outing andutilization of spaces within and surrounding suchbuildings or structures, housing design andcommunity architecture, architectural interiors and

space planning, architectural detailing,architectural lighting, acoustics, architectural lay-outing of mechanical, electrical, electronic,sanitary, plumbing, communications and otherutility systems, equipment and fixtures;

(h) building programming, buildingadministration, construction arbitration andarchitectural conservation and restoration;


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(i) all works which relate to the scientific,aesthetic and orderly coordination of all works andbranches of the work, systems and processesnecessary for the production of a complete building

or structure, whether for public or private use, inorder to enhance or safeguard life, health andproperty and the promotion and enrichment of thequality of life, the architectural design ofengineering structures or any part thereof; and

(j) all other works, projects and activitieswhich require the professional competence of anarchitect, including teaching of architecturalsubjects and architectural computer-aided design;


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(5) Structural Conceptualization the act ofconceiving, choosing and developing the type,disposition, arrangement and proportioning of thestructural elements of an architectural work giving

due consideration to safety, cost-effectiveness,functionality and aesthetics.

(6) Architectural Firm a sole proprietorship, apartnership or a corporation registered with the DTIand/or SEC and then with the Board of Architectureand PRC.


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preparation whether made by them personally orunder their immediate supervision.

(8) Board refers to the Professional RegulatoryBoard of Architecture

(9) Commission means the ProfessionalRegulation Commission

(10) Service Agreement a duly notarized

written contract or equivalent public instrument


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and guaranteeing compensation of such servicesto be rendered by an architect registered andlicensed under R.A. No. 9266;

Violation of the Service Agreement is a basisfor a civil liability under Art. 1723 of the Civil Codeunless he/she attempts and/or succeeds to interfereor contravene the legal and the professionalfunctions of the Architect-of-Record: the Consulting

Architect.

(11) Integrated and Accredited ProfessionalOrganization the existing official organization ofall architects of the Philippines in which all


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members without prejudice to membership inother voluntary professional associations.

(12) Continuing Professional Development refers to a sustaining and progressive learningprocess that maintains, enhances, or increases theknowledge and continuing ability of architects.

(13) DTI Department of Trade and Industry

(14) SEC Securities and Exchange Commission


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(15) Association any formal grouping of two ormore architects or architectural firms working in

joint venture on a project basis.

(16) Architectural Company a juridical entrythat shall be synonymous with an ArchitecturalPartnership registered with the SEC.

(17) Architecture Corporation a group ofprofessionals in architecture and allied professions,incorporated with Architects for the purpose of

delivering professional service in


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architecture and allied professions; in case anexisting Architectural Corporation does not complywith the 75% composition requirement, it shallcomply and register again with the SEC and the

BOA.

(18) Architectural Documents architecturaldrawings, specifications, and other outputs of anArchitect that only an Architect can sign and sealconsisting, among others, of vicinity maps, sitedevelopment plans, architectural program,perspective drawings, architectural floor plans,

elevations, sections, ceiling plans, schedules,


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specifications and cost estimates, and otherinstruments of service in any form.

(19) Architectural Interiors detailed planningand design of the indoor/enclosed areas of anyproposed building/structure, including retrofit orrenovation work and which shall cover allarchitectural and utility aspects, including thearchitectural lay-outing of all building engineeringsystems found therein.

(20) Architectural Partnership a group of two


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(21) Architectural Plans a 2-dimensionalrepresentations reflecting a proposeddevelopment/redevelopment of an enclosed or openarea showing features or elements such as columns,

walls, partitions, ceiling, stairs, doors, windows,floors, roof, room designations, door and windowcall-outs, the architectural layout of equipment,furnishings, furniture and the like, specificationscallouts, elevation references, drawing section for aproposed building/structure (running parallel to theground) and at a height of from 1.0-1.5 metersabove the finished floor; the term may alsocollectively refer to other architectural designs such

as cross/longitudinal sections, elevations, roof plan,


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and elevations showing architectural interiors,detailed architectural designs, door and windowschedules, other architectural finishing schedulesand the like.

(22) Building a structure for the purpose andfunction of habitation and other uses.

(23) Certificate of Registration a certificatebearing a registration number, issued to anindividual, by the PRC through the BOA, signifying

that the individual has successfully passed the


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(24) Code of Ethical Conduct a documentwhich forms part of the Architects National Codewhich contains the norms and principles governingthe practice of the profession of architecture in the

highest standards of ethical conduct.

(25) Consulting Architect a registered andlicensed Architect, who is academically andprofessionally qualified, and with exceptional orrecognized expertise or specialization in any branchof architecture; the Consulting Architect assumes nocivil liability under Art. 1723 of the Civil Code unless

he/she attempts and/or succeeds to interfere or


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the Consulting Architect assumes the normal civilliability under the service agreement he/she signswith a Client.

(26) Contract Documents the documentsattached to the agreement identified therein asContract Documents, including all additions,deletions and modifications incorporated therein.

These generally include the ff. documents:

a) Special Provisions or conditions

b) General Conditions

c) Drawings


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(27) Copyright (or Copyright Ownership) refers to the intellectual proprietary rights retainedby an Architect over any architecturaldocuments/work that he/she prepares unless there

is a written stipulation to the contrary, copyright in awork of architecture shall include the right to controlthe erection of any building which reproduces thewhole or a substantial part of the work either in itsoriginal form or in any form recognizably derivedfrom the original; however, the copyright in anysuch work shall not include the right to control thereconstruction or rehabilitation in the same style asthe original of a building to which the copyright

relates.


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(28) CPD Providers entities, agencies,organizations and the like that have beenaccredited/registered with the BOA of the PRC todeliver seminars, lectures, and other continuing

professional education modules for architects, otherthan the IAPOA which is automatically accredited bythe BOA as a CPD Provider.

(29) Diversified Architectural Experience apost-baccalaureate, pre-licensure experience of twoyears required of a graduate of architecture prior totaking the licensure examination; consisting of a

variation of experiences in the different phases of


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(30) Foreign Architect an architect who is nota Filipino citizen nor an Architect registered andlicensed in the Philippines, but who is duly registeredand licensed in his/her home country as an

Architect.

(31) Filipino Counterpart the local Philippinearchitect, partnership or corporation that must workin association with a foreign architect, partnership orcorporation, on a project on Philippine soil.


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(32) Ownership shall refer to proprietary rightsto an architectural work such as plans, designs andother documents by a person/juridical entity whocommissions the Architect and whose ownership of

an architectural work by such a person/juridicalentity shall only be confined to the use of thearchitectural documents for executing/implementingthe work described therein for one or the originalproject; ownership shall not apply to the use of apart of or of the entire architecturalwork/architectural documents to repetitions or tosubsequent projects.


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(34) Physical Planner refers to an Architectwho specializes in the detailed physical planning ofland or property on which vertical structures such asbuildings and/or structures and horizontal

developments such as rights-of-way, open spacesand recreational/sports/entertainment/tourism andrelated facilities are to be proposed.

(35) Physical Planning the detailed physicalplanning of land or property on which verticalstructures such as buildings, monuments and/orstructures and horizontal developments such as

rights-of-way, open spaces and-


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(36) Professional a person whose name andregistration/

professional license number is entered in the PRCregistry book and computerized database as onelegally authorized to practice his profession.

(37) Professional Identification Card a

document bearing the registration number, date ofissuance with an expiry date, due for periodicrenewal, duly signed by the Chairperson of the PRCto a registered Architect upon payment of theannual registration fees for three years.


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(38) Site Planning the detailed sitedevelopment planning of all areas surrounding abuilding/structure and/or a group ofbuildings/structures are to be erected.

(39) Standards of Professional Practice adocument embodied in the Architects National Code,which defines all aspects of professional service,

prescribes minimum basic fees and establishes therights and obligations of both the Architect and theclient.

40 Sole Pro rietorshi an individual


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(41) Specialization an expertise and specialknowledge in the field of architecture acquired by anArchitect through formal education and training orthrough continuing professional development and

experience, for which the Architect may be engagedas Consulting Architect.

(42) Syllabi the outlines embodying topics andconcepts of major subjects prescribed in specificcourse of study to serve as basis for test questionsin the licensure examinations.


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rendering of a service including managementcontracts; and the transfer, assignment or licensingof all forms of intellectual property rights.

(44) Urban Design physical and systemicdesign undertaken by an Architect on a communityand urban plane, more comprehensive than, and anextension of the architecture of buildings, spacesbetween buildings, entourage, utilities andmovement systems.

(45) Acronyms and Laws:


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b) BOA Board of Architecture

c) CHED Commission on Higher Education

d) CIAC Construction Industry Arbitration

Commission

e) CPD Continuing Professional Development

f) DOLE Department of Labor and Employment

g) DTI Department of Trade and Industry

h) IAPOA Integrated Accredited ProfessionalOrganization of Architects (the same as the UnitedArchitects of the Philippines, Inc.)

i) Intellectual Property Code of the Philippines


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j) PCAB Philippine Contractors AccreditationBoard

k) PDCB Philippine Domestic Construction Board

l) PRB Professional Regulatory Board (the sameas BOA for the profession of architecture)

m) PRC Professional Regulation Commission

n) PRC Modernization Act of 2000 R.A. No. 8981

o) SEC Securities and Exchange Commission

p) UAP United Architects of the Philippines, Inc.