Unregistered Firms Offering Architectural, Interior Design Services Soar - LAM

In the past, these services were advertised in newspapers and on websites. Now, they have proliferated, especially on social media such as TikTok and e-commerce platforms like Shopee.

This scenario, described as a new trend, has been acknowledged as alarming by the Malaysian Board of Architects (LAM), an agency under the Ministry of Works, which regulates the profession registered under the Architects Act 1967 (Act 117). LAM never expected that these illegal practices could escalate so far.

"We were most surprised by advertisements on TikTok and Shopee claiming to offer services as architects or interior designers. That is what is alarming because we never expected it to go this far in Malaysia. So, is this practice wrong? Yes, it is," LAM President Datuk Ar Azman Md. Hashim disclosed in a recent interview with Bernama.

According to a random survey by the LAM Surveillance and Enforcement Committee, out of hundreds of advertisements offering such services, only one firm was confirmed to be registered with LAM. This raised the agency's concern about the potential for many more victims being deceived.

But how many of us know that this proliferation of advertisements constitutes an illegal practice and violates the Code of Ethics and Conduct for professional architects registered with LAM?

 

LAM believes that most of these individuals and firms or companies are well-established and offer attractive packages at significantly lower prices, partly because they use the services of unregistered architects to carry out their work.

These attractive offers trap the public, many of whom are unaware of the proper procedures for constructing a building or house, particularly on private land.

Azman said that based on the Architects Act 1967 [Act 117], only those registered with LAM are eligible to offer and provide architectural services, including design and building plan services.

He said that registered architects or interior designers are professionals regulated by the Code of Conduct under the Architects Rules 1996.

One of the benefits of hiring a professional architect is to control or monitor payments and claims to contractors based on performance, quality standards, and project progress, thereby   preventing clients from being cheated.

These professionals also act as project consultants to oversee the project from the planning stage to completion and issuance of the Certificate of Completion and Compliance (CCC).

"This practice involves public safety. Therefore, only registered individuals are eligible to provide these services to avoid substandard designs, failure to obtain approval from the local authorities (PBT), safety weaknesses such as structural design flaws, legal liabilities, abandoned projects, and financial losses," he said.

He said that, according to the existing Code of Conduct, there are specific procedures for advertising a professional architect's services. Widespread advertising on social media is not a common practice among professional architects.

"Architects registered with LAM usually do not advertise through social media. We are not saying it is not allowed, but we do not encourage it. Professionally, they also do not do so because we have the LAM portal for public access to our services.

"Based on the Code of Conduct, we have ethics that must be followed. However, when the code was introduced, platforms such as TikTok, Shopee, etc did not exist," he said.

 From 2016 to now, LAM has received 94 complaints involving illegal practices by companies and individuals through physical advertisements and direct appointments by clients, as well as five complaints related to advertising on social media.

 

LAM essentially regulates the profession registered under Act 117 to safeguard the interests and safety of the public. As of June, there are 2,556 architects, 2,672 Architect Graduates, and 165 Interior Designers registered with the agency.

The professions registered with LAM include Architects, Architect Graduates, Building Draughtsmen, Interior Designers, Interior Designer Graduates, Inspectors of Works, and Architectural Technologists.

Azman explained that the work of fly-by-night architects is usually carried out by unregistered architect graduates and interior designer graduates who are not qualified to be the Principal Submitting Person (PSP) or Submitting Person (SP) to apply for planning approval and building plan approval to the PBT.

 "These fly-by-night architects do not have the title 'Ar' because they have not passed all parts of the examinations I, II, and III. Their involvement usually occurs in two ways: either the contractors hire them, or the clients appoint them directly. Both scenarios aim to ensure that the fees or charges for these fly-by-night architects are kept to a minimum," he said.

However, there are also instances where fly-by-night architects collude with professional architects to gain 'credibility,' such as obtaining signatures to apply for planning approval and building plan approval from the PBT.

Azman noted that these fly-by-night architects then reward the professional architects for this purpose, which is clearly a violation of the code of conduct.

 

Azman, who has been in the architecture field for over 30 years, said that projects using fly-by-night architects are categorised as illegal projects because they do not obtain approval from the PBT, including planning approval and building plan approval.

"What are the consequences when our house project becomes illegal? The effects are that the house cannot be insured, the quality of completion cannot be assured, and it can endanger the safety of the occupants. Additionally, the Certificate of Completion and Compliance (CCC) cannot be issued because the proper procedures were not followed."

"These fly-by-night architects are usually used to deceive consumers into believing that there are legitimate documents for the development plan, whereas the documents themselves are not authentic," he said.

According to the old procedures, that is, before 2007, PBT was the entity that issued the Certificate of Fitness (CF) for Occupation for any house or building.

However, after that year, the government decided to replace CF with the CCC, which can only be issued by professionals, including Professional Architects or Building Draughtsmen registered with LAM and Professional Engineers registered with the Board of Engineers Malaysia who are PSPs.

Azman explained that a project, including private houses, which has received a CCC indicates that the project has been completed according to the agreed specifications. However, if the services of fly-by-night architects are used, it is unlikely that the project will obtain a CCC.

"Once the architect issues the CCC, it means that the project has been successfully completed, signifying that the professionals have certified the project as being designed and built according to predetermined specifications and quality.

"If a house project receives a CCC, it means the client is protected by law. Any incidents that occur after the house is occupied, such as a collapse, will be the architect's responsibility. Therefore, an architect or PSP will not issue a CCC unless they are fully satisfied with the design quality. This is not easy," he said.

 

Azman said any professional architect registered with LAM can face disciplinary action or fines if they violate the Architects Act 1967, including collaborating with fly-by-night architects.

"One of our main roles is to protect the public. If anything happens, we will take action against our members because we safeguard the public. This is enshrined in Act 117. If a member breaches the code of ethics, we will take action," he said.

Regarding LAM members found guilty of offences, LAM will take stern action, starting with a warning letter or suspension of services, or fines during the suspension period.

"The suspension of an architect's services can range from six months to a year. Recently, a professional architect was fined up to RM100,000. So, they cannot act as PSP.

”If they do not pay the fine, they cannot renew their membership, which is required annually, thus preventing them from practising...on numerous occasions, we have penalised our members for various offences," he said.

However, the situation is different with fly-by-night architects, Azman said, noting that legal action cannot be taken against these individuals because they are not bound by any agreements, including contract service agreements (CSA), and are not subject to any regulatory body.

"No one governs these fly-by-night architects. Contractors are regulated by the Construction Industry Development Board (CIDB), but no action can be taken against fly-by-night architects. No one can monitor them, no one can control them, and no strict action can be taken, just warning letters.

 "These unregistered individuals are usually not bound by any agreements, and if there are any, they are not valid in court. This comes back to how you, as a consumer, engage with fly-by-night architects, on what basis, and in what manner," he said.

However, he said LAM has a Surveillance and Enforcement Committee, which is also represented by police officers, to monitor these irresponsible activities if they are advertised on social media.

According to Azman, when fly-by-night architects are detected, LAM will pass the information to the Royal Malaysia Police (PDRM) and follow up with a warning letter to cease their activities.

"We have issued many warning letters to these irresponsible parties," he said.

Admitting there are gaps that allow fly-by-night architects to continue thriving, Azman said stricter measures need to be introduced.

"In my view, we need to tighten the rules because these individuals are gambling with public safety and causing significant losses if not curbed... we might not be able to create new laws as it will take a long time, but it would suffice if enforcement directives could be introduced," he said.

 

Educating the public about the correct methods and procedures for building houses on their land must be ongoing to prevent more people from falling victim.

To this end, LAM is developing a system in collaboration with the Malaysian Institute of Architects (PAM) and the Malaysian Institute of Interior Designers (MIID) to provide guidelines for members of the public on the proper procedures for building or renovating their homes.

"This system serves as a guide for the public on how to hire an architect or interior designer and engage professionals registered with LAM. It also explains the correct procedures for building a house."

He said, "We want to encourage people to hire registered professionals and help them obtain organised services to ensure they are protected by law. The list of professional architects and interior designers is available on our website, www.lam.gov.my."

He noted that close cooperation with the PDRM is essential to ensure LAM can act in accordance with the law.

"LAM is also planning and reviewing several proposed actions to address this issue through various committees, including engagement sessions with related agencies including PDRM.

"The public is advised to contact LAM or report to PDRM if they have hired such companies or individuals, so appropriate action can be taken," he said.

 

Translated by Salbiah Said

 

 The Board of Architects Malaysia (LAM) regulates the conduct and practices of architects, but how effective is it in controlling these activities? This is the second article in a three-part series exploring the issue.