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EQUIVALENCY BETWEEN

THE LAM & PAM CODE OF PROFESSIONAL CONDUCT


(March 2023)

LAM PAM
(1.0) OBJECTIVE OF CODE
Objective The objective of the Code of Professional Conduct is to promote -No equivalent-
the standard of professional conduct and self- discipline required
of Architects in the interest of the public
(2.0) COMPLIANCE WITH ACTS AND RULES
LAM’s approval for (2.1) An Architect shall prior to commencing an architectural [3.9] A member commencing practice as a firm or company
name of practice consultancy practice, submit to the Board the proposed name of shall obtain the approval of the Board of Architects Malaysia
the architectural consultancy practice to obtain the approval of (hereinafter referred to as the Board) and shall submit his
the Board. firms or company’s name to the Board for approval.
Branch office (2.2) An Architect shall not establish a branch office unless it is [1.12] A member shall not establish a branch office providing
operated in accordance with the guidelines or circulars issued by architectural services unless it is under the continuous control
the Board. of a registered and competent Architect.
Letterhead (2.3) All letterheads shall list only the names of the sole proprietor, [3.10] All letterheads must list the names of the directors or
partners or directors of the sole proprietorship, partnership or partners with their respective qualification and status. The
body corporate, respectively, with their respective qualifications names of Architects who are not partners or directors in the
and designation. firms may be listed with their respective designations and
qualifications.
Announcements or (2.4) An Architect may be permitted to insert any announcements [3.06] A member is permitted to insert any announcement or
felicitations in the or felicitations in the press that are in accordance with the felicitations in the local press provided that his profession or
press guidelines or circulars issued by the Board. professional activity is not disclosed.
Calling cards (2.5) An Architect may use calling cards that shall contain accurate [3.11] A member is allowed to use his calling card provided
particulars concerning his qualification and designation. his qualifications and status are authentically shown.
Exhibiting name or (2.6) An Architect may: [3.05]A member may place a signboard in a building
practice’s name a) with the consent of the Board, place a signboard in a building indicating that he or his firm is the architect or he may exhibit
indicating that he or his architectural consultancy practice is his name or the name of his firm outside his office or on a
signboard or digital display in the course of construction,
the Architect or architectural consultancy practice that alteration or extensions provided that the letterings and logos
provided architectural consultancy services in respect of the are as follows :
building; a) Sign or digital display on completed buildings. Letterings
b) exhibit a signboard containing the name of his architectural not exceeding 50 mm high and logo design not exceeding 100
mm square;
consultancy practice outside his office or branch offices, if any;
or
c) exhibit his name or the name of his architectural consultancy b) Signboard on worksite. Letterings not exceeding 150 mm
practice on a signboard in relation to the construction, high and logo design not exceeding 600 mm square;
c) Business plate of firm. Letterings not exceeding 100 mm
alteration or extension of a project, where architectural
high and logo design not exceeding 300 mm square.
consultancy services in respect of that project are currently
being provided by him or his architectural consultancy
practice, provided that all the statutory requirements in
relation to signboards have been complied with and the
signboard is in accordance with the guidelines or circulars
issued by the Board.
Competitions (2.7) An Architect shall only participate in architectural [3.12] A member shall only participate in architectural
competitions conducted or approved by the Board and in competitions approved by the Institute or the Board of
accordance with the guidelines or circulars issued by the Board. Architects Malaysia.
(3.0) FAITHFUL DISCHARGE OF DUTIES AND OBLIGATIONS
Upgrading (3.1) An Architect shall maintain a professional standard of service [7.01] A member shall continuously update and improve his
professional and competence in areas relevant to his professional work by knowledge and skill in the art, science and profession of
knowledge & skill continually upgrading his professional knowledge and skill. architecture and other allied fields.
Employees (3.2) An Architect shall ensure that his employees are competent -No equivalent-
competence and adequately supervised to perform the task to the standard
normally expected and accepted by the profession, and shall not
by misrepresentation, fraud or deceit undermine the confidence
of persons dealing with the Architect or his employees.
Administering (3.3) An Architect shall administer the building contract [1.11] A member shall administer the building contract
building contract competently and responsibly and shall be impartial in any dispute competently, fairly, responsibly and in a timely manner and
that may arise between the client and the building contractor. shall be impartial in any dispute that may arise between the
client and the building contractor.
Knowledge, (3.4) An Architect shall only undertake architectural consultancy [1.02] Prior to his appointment, a member shall also ensure
abilities and services where he can ensure that he possesses adequate that he has the required skill and competence to carry out the
resources to fulfill knowledge, abilities and resources to fulfill his commitments to his required tasks. If so required, a member shall engage the
commitments services of other suitably qualified persons to work under his
client in every respect.
direction for the provision of the required level of service.
If a member is unable to provide the level of skill and service
expected of him, he shall decline the appointment.
Exercising (3.5) An Architect shall exercise a reasonable standard of skill and [1.03] Upon his appointment, a member shall faithfully
reasonable diligence normally expected and accepted by his profession in discharge his responsibilities to his client or employer as well
standard of skill respect of but not limited to the following: as the public and shall exercise the reasonable standard of skill
and diligence and diligence that is expected of and accepted by his
all forms of certification;
contract administration; profession. It shall be a member’s responsibility to establish
site supervision; and the expected standards of skill and diligence required of his
compliance of statutory requirements. profession.
[1.07] A member shall exercise all reasonable care and
diligence in complying with statutory requirements for any
application for planning or building approval and when
certifying for completion and compliance.
Notifying client on (3.6) An Architect shall prior to commencing architectural [1.01] A member shall, prior to the acceptance of his
the conditions of consultancy services, notify the client in writing of the conditions appointment, inform his client in writing of the conditions of
engagement and of engagement and the scale of professional fees and charges, his engagement, the scale of professional fees and charges
professional fees which are to be applied. As part of his conditions of
including the method of calculating the fees, in respect of the
following: engagement, a member shall also inform his client of the
a) scope of work; responsibilities and scope of work of the respective parties.
[1.06] A member shall inform the client in advance of the
b) allocation of responsibilities; obligations and rights of the client under any relevant
c) limitation of responsibilities, if any; and legislation and the building contract.
d) termination of architectural consultancy services, and shall,
within sixty days from the date the notification is duly served
on the client, obtain the client’s agreement in writing
regarding the conditions of engagement and the scale of
professional fees and charges.
Client’s agreement (3.7) Notwithstanding subparagraph (6), where the client’s -No equivalent-
by conduct agreement in writing is not obtained within the period as
stipulated in subparagraph (6) but the client agrees by his conduct
to the conditions of engagement and the scale of professional fees
and charges, the client shall for the purposes of subparagraph (6)
be considered to have agreed to such conditions of engagement
and scale of professional fees and charges.
Signature to (3.8) An Architect shall not certify, affix or put his signature to [1.10] A member shall not certify, affix or put his signature to
documents not drawings, plans or specifications which are not prepared by him, drawings, plans or specifications which are not prepared by
prepared by him his employees or persons under his supervision for the purpose of him or by members of his staff under his supervision for the
obtaining the approval from the relevant Authority. purpose of either informing or obtaining approval from any
statutory authority.
(4.0) PROFESSIONAL INTEGRITY
Involvement with (4.1) An Architect, while practicing his profession, shall not: [4.01] A member shall not, while practicing his profession,
other trades or a) carry on or engage in any trade or business which is carry on or engage in any trade of business which is
business
inconsistent with the fitting and proper discharge of his inconsistent with the fitting and proper discharge of his
professional duties. He must not hold, assume or accept a
professional duties; or position in such trade or business in which his interest is in
conflict with his professional duty. A member while practicing
b) hold, assume or consciously accept a position in any trade or his profession may also be, for example, a property developer
business in which his interest is in conflict with his professional or a director or shareholder of a property development
company, a building contractor or a director or shareholder of
duty, unless he has declared his interest to his clients in writing
a building construction company, a director or a shareholder
of a manufacturing company, an agent for any building
materials, components or system, a director or a shareholder
of a financial institution or a manager, director or shareholder
of a property management company etc., provided that:
a) he declares his interest to his client and potential
clients in writing at the time of his appointment as an
Architect;
b) he avoids being in a position of conflict in
discharging his professional duties;
c) he complies with the Code whilst serving as an
Architect and
d) he uses his name in the letterheads, sales
brochures, catalogues, websites and similar
documents of his firm or company used in connection
with his professional services.
Serving as an (4.2) An Architect shall not serve as an arbitrator if he is also the [4.02] A member cannot act as an arbitrator, adjudicator,
Arbitrator developer or the builder for the contract. mediator or expert in a dispute if he is also a party to the
contract as the developer and/or builder.
Being a contractor (4.3) An Architect may act as a turnkey operator or package deal [4.03] A member is permitted to be a turnkey operator or any
contractor, provided that in carrying out such activities he does package deal operator provided that in carrying out such
not contravene this Code. activities, he must not contravene this Code.
Endorsing product (4.4) An Architect shall not endorse any material, component, [4.04] A member shall not be involved in the promotion of
services or product relating to the construction industry by the use any services or products, where such promotion would be
of comparative statements. inconsistent with his professional obligations under the Code
of Conduct.
False statements (4.5) An Architect shall not make misleading, deceptive or false [3.01] A member may publish, post online or consent to the
about professional statements or claims about his professional qualifications, publication or posting online of a series of illustrations,
qualifications, experience or performance and shall accurately state the scope photographs or video recordings, whether in the form of a
experience or
performance and nature of his responsibilities in connection with work for circular, article, diary, log, brochure or book, with or without
which he is claiming credit. factual information on any building or buildings for which he
has been responsible for and containing the factual
composition and personnel of his firm. However, he shall not
distribute such publication or posting with an intention to
solicit.
Publications (4.6) An Architect may publish or consent to the publication of – [3.01] A member may publish, post online or consent to the
publication or posting online of a series of illustrations,
photographs or video recordings, whether in the form of a
circular, article, diary, log, brochure or book, with or without
a) illustrations, articles or any other media of presentation of any factual information on any building or buildings for which he
project for which he has been responsible, whether has been responsible for and containing the factual
composition and personnel of his firm. However, he shall not
individually or in collaboration with others; or
distribute such publication or posting with an intention to
b) any subject for which he, either individually or in collaboration solicit.
with others, had written in the form of an article, circular, [3.04] A member may allow his works, views, ideas,
brochure, book or any other media of presentation, provided illustrations, writings, descriptions or any matter of interest
on architecture to be published or posted online in the press,
that such illustration, article, circular, brochure, book or any
trade journals, media, any website, social media or be
other media of presentation of the project or subject is factual, presented in a forum, conference, seminar or other similar
relevant, not misleading or unfair to others. gatherings, with or without receipt of monetary consideration,
provided that such published materials are of benefit to the
profession.
Advertising (4.7) An Architect may advertise his professional services by any -No equivalent-
professional public means, where such advertisement is in accordance with the
services guidelines or circulars issued by the Board.
Comparative or (4.8) For all matters specified in subparagraphs (6) and (7), the 3.03 A member may advertise for invitation of tenders
superlative publication or any other permitted advertisement of such matters concerning a project and also advertise for a professional
description in shall not contain any comparative or superlative description of the appointment and staff and the change of practice particulars
advertisement provided always that the advertisement so inserted by him or
Architect or his architectural consultancy practice.
his agency shall comply with the following conditions :

c) that the said advertisement shall contain no


comparative or superlative descriptions of his
practice;
Invitation of (4.9) An Architect may advertise for the invitation of tenders [3.03] A member may advertise for invitation of tenders
tenders concerning a project, a professional appointment or the change of concerning a project and also advertise for a professional
the particulars of the architectural consultancy practice, where appointment and staff and the change of practice particulars
such advertisement is in accordance with the guidelines or provided always that the advertisement so inserted by him or
circulars issued by the Board. his agency shall comply with the following conditions :

a) that the said advertisement is not an intentional


attempt to bring the activities of the Architect or his
firm to the notice of the public;

b) that the said advertisement shall contain no


illustrations or logos;

c) that the said advertisement shall contain no


comparative or superlative descriptions of his
practice;

d) that the advertiser makes no claim to be an expert in


any specialized field;

e) that the name of the advertiser is not displayed with


undue prominence;

f) that the published information must be factual.


Forum or (4.10) An Architect may participate in forum or be interviewed by -No equivalent-
interviews the media in a manner not otherwise prohibited by this Code,
where the object of such forum or interview is to promote interest
in architecture, the profession or the built-environment.
Confidentiality of (4.11) An Architect shall observe the confidentiality of his client’s -No equivalent-
client’s affairs affairs and shall not disclose confidential information without the
prior written consent of the client, unless ordered by the court or
other lawful authority.
Inducements for (4.12) An Architect shall not give or offer remuneration or other -No equivalent-
introduction of inducements for the introduction of a client or work.
work
Discounts and (4.13) An Architect shall not accept any discount, gift, commission [2.04] A member shall not accept any work which involves
inducement from or any form of inducement from contractors, tradesmen or the giving to or receiving from him of discounts or
contractors suppliers in connection with the works and duties entrusted to commissions. A member shall not accept any discount, gift or
him and shall not permit his employees to receive such discount, commission from contractors or tradesmen, whether
gift, commission or inducement. employed upon his works or not.
Insertion of clause (4.14) An Architect shall not permit the insertion of any clause in -No equivalent-
in documents tenders, bills of quantities or other contract documents which
which provides for provides for payments to be made to him by the contractor
payments made to
Architect by whatever may be the consideration, unless it is in accordance with
contractor the guidelines or circulars issued by the Board and with the full
knowledge of his client.
Being a member of (4.15) An Architect if appointed as a member of a governmental [1.14] If a member is appointed as a member of a government
bodies with power or statutory body with the power to approve development or statutory body which has the power to approve
to approve applications, shall, if he has any interest in such applications development applications, he shall, if he has any financial or
development professional interest in such applications, declare his interest
applications declare his interest and shall not take part in the decision making
process of such development applications in which he or his and not take part in the decision-making of any such
architectural consultancy practice is directly or indirectly involved. development application.
Disclosing conflict (4.16) An Architect shall not fail to disclose to his clients, owners -No equivalent-
of interest or contractors significant circumstances known to him that could
be construed as creating a conflict of interest and shall ensure that
such conflict does not compromise legitimate interests of such
persons or interfere with the Architect’s duty to render impartial
judgement of contract performance by others.
Remuneration (4.17) The professional services of an Architect who carries on [2.02] If a member is employed by an individual architectural
solely by fees business as an architectural consultancy practice shall be firm, architectural company including but not limited to any
payable by client remunerated solely by fees payable by his client. The services of government department or statutory body, he may be paid a
an Architect in employment shall be paid by salary and other salary and given any other benefits by his employer but he
benefits agreed with his employer and he shall be debarred from shall not hold, assume or accept any position in which his own
any other source of remuneration in connection with such services interests are in conflict with his professional duties.
rendered.
(5.0) RESPECT FOR THE LEGITIMATE RIGHTS AND INTERESTS OF
OTHERS
Supplanting (5.1) An Architect shall not attempt to supplant another person [3.07] A member shall not attempt to supplant another
registered under this Act who has already been engaged by a Architect who has already been engaged by a client nor must
client nor shall he compete with another person registered under he compete with another Architect to secure work by a
this Act to secure a commission by a reduction of fees or reduction of fees in any manner or under any guise considered
otherwise. to be unethical by the Institute.
Letter of release (5.1A) An Architect on being approached or instructed to proceed [3.08] A member on being approached or instructed to
with professional work for which he knows or can ascertain by proceed with professional work for which he knows or can
making reasonable enquiries that another Architect has been ascertain by making reasonable enquiries that another
engaged shall, before proceeding with such work, communicate in Architect has been engaged shall, before proceeding with such
writing with the other Architect and obtain a letter of release from work, communicate in writing with that Architect and obtain
him or obtain such letter through his prospective client, provided a letter of release from him or obtain such letter through his
prospective client.
that this requirement may be waived at the discretion of the
Board.
Independent (5.2) An Architect may be paid professional fees for providing an [2.07] A member may be paid professional fees for
opinion on works independent opinion on the works of another Architect, provided consultancy services on the works of another Architect,
of another that the client engages him for that purpose and that he assumes provided that a client engages him for the purpose of
Architect rendering such services and he assumes responsibility for
responsibility for such opinion.
those services.
Remuneration for (5.3) Nothing in this Code shall prohibit an Architect who is a -No equivalent-
services as a director of a registered corporation from receiving remuneration
director in a for services as a director.
corporation
Act honourably (5.4) An Architect shall, at all times act honourably towards other [6.01] A member shall at all times, act honourably and
towards others persons registered under this Act respectfully towards his fellow members and the Institute.
registered under
this Act

PRINCIPLE No.1- FAITHFUL DISCHARGE OF


RESPONSIBILITIES.
-No equivalent- “A member shall, when practicing as an architect, faithfully
discharge his duties and
responsibilities to his Client and the public.”
[1.04] A member, when faithfully discharging his
-No equivalent-
responsibilities, shall do so in a timely manner.
[1.05] Once appointed, a member shall not sub-contract or
-No equivalent- sub-commission out any part of his work or responsibilities
without the prior agreement of his client.
[1.08] A member shall keep his client continually informed
of the status of the project to which he has been appointed
-No equivalent-
and issue any such plans or documents to which the client is
entitled to at the appropriate point of time.
[1.09] A member shall maintain a record of all documents
-No equivalent-
which may be deemed necessary or important for a project.
[1.13] If a member is employed by any individual, firm or
company including but not limited to a government or
-No equivalent-
statutory body, he shall not enter into a contract of
employment which contravenes the PAM Code of Conduct.
[1.15] If a member is an employee or a director of a body
corporate practicing architecture, he shall , in carrying out the
work and duties entrusted to him, owe the same duties and
-No equivalent-
obligations to any client or employer employing the body
corporate as he would owe if he had been directly employed
by such client or employer notwithstanding that any fees
payable in respect of services rendered by him, may be payable
to the body corporate instead.

[1.16] If a member is an employee of either an architectural


practice or the Government, he may with the approval of his
employer, carry out his own practice outside of normal
-No equivalent-
working hours or participate in architectural competitions,
provided that such activities do not conflict with his duties to
his employer.
PRINCIPLE No.2 - REMUNERATION.
“A member shall, when practicing as an architect, be
-No equivalent-
remunerated solely by the professional fees payable by his
Client or by the salary payable by his Employer.”
[2.01] If a member is in private practice on his own account,
-No equivalent- he shall be remunerated solely by the professional fees
payable by his client.
[2.03] A member shall not accept payment or any other
consideration from any source other than from his client or
-No equivalent- employer, in connection with the works and duties entrusted
by him and shall not permit any member of his staff to receive
such payment or other consideration.
[2.05] A member may accept remuneration additional to his
professional fees from other sources permissible under the
-No equivalent-
PAM Code of Conduct but shall inform his client or employer
of such source.
[2.06] A member shall not receive documentation costs from
contractors who are submitting tenders called by him but may
do so from any other source. When computing such
-No equivalent-
documentation costs, a member shall ensure that such costs
are reasonable and are based only on reimbursement of his
expenses incurred or administration and lithography charges.
[2.08] A member shall not receive any compensatory
payment from contractors for delays in project
-No equivalent-
implementation; any such payments shall only be paid, where
required, by his client.
PRINCIPLE No.3 - ADVERTISING AND
SOLICITING.
-No equivalent- “A member when practicing as an architect, shall not
advertise for nor solicit business for his architectural
services.”
[3.02] A member shall not advertise for nor solicit business
by means of advertising in the press or trade directories,
-No equivalent-
digital or social media or by circulars nor allow any of his staff
to do so.
[3.13] a) A member selectively invited by their prospective
client to render professional services may do so provided that
such terms of invitation as laid down by the prospective client
are approved by the Board.
-No equivalent-
b) A member responding to such invitation shall be paid for
his services in accordance with the appropriate scale of
professional fees and charges as prescribed by the Board and
for the time being in force.
PRINCIPLE No.4 - INVOLVEMENT WITH OTHER
TRADES.
-No equivalent- “A member, when practicing as an architect, shall not
engage in any trade or business which is inconsistent with
the fitting and proper discharge of his professional duties.”
PRINCIPLE No.5 - PARTNERSHIP WITH OTHER
PERSONS.
“A member shall, when practicing as an architect, only
-No equivalent-
enter into partnerships, commercial agreements or
collaborations which are not inconsistent with his
professional obligations.”
[5.01] A member may enter into a partnership for private
practice with another registered architect, a registered
-No equivalent- Professional Engineer, or a registered Surveyor, Partnership
with any other allied professionals is also permissible but only
with the prior approval of the Board.
[5.02] A member may into a partnership with foreign
architects or consultants if such a partnership has the
approval of the Board. He can employ foreign architects to
-No equivalent-
assist him in his works, provided that he remains statutorily
responsible for such works and provided that such
employment does not contravene the provisions of any law.
[5.03] A member either on his own or in a joint-venture with
a foreign architect working overseas, shall abide by the Code
-No equivalent-
of Conduct of the Professional Institute of the country in
which he is practicing.
[5.04] A member shall not enter in partnership or establish a
-No equivalent-
body corporate in the practice of architecture, with another
Architect whose name has been removed from the register of
architects by the Board.
[5.05] A member is not permitted to enter into partnership
with other registered professionals, local or foreign, unless he
-No equivalent- and his professional partners undertake to abide by this Code
and breach of this Code by any member of the partnership
shall be deemed a breach by the said Architect.
PRINCIPLE No.6 - HONOUR AND INTEGRITY.
“At all times in his conduct as a Member of the Institute and
-No equivalent- when acting on behalf of the Institute, a Member shall not
intimidate, victimise, harass, sexually harass anyone or
conduct himself in any manner equivalent to such actions.”
[6.02] When acting on behalf of the Institute, a member is to
-No equivalent-
act with decorum and respect towards other parties.
[6.03] When acting on behalf of the Institute, a member shall
-No equivalent- not abuse his position or put himself into a position of conflict
against the Institute and its members.
[6.04] A member shall at all times, be truthful in his dealings
-No equivalent-
with fellow members, the Institute and the public.
[6.05] A member shall neither cast unsubstantiated
-No equivalent-
aspersions nor defame a fellow member or the Institute.
PRINCIPLE No.7 - PROFESSIONAL DEVELOPMENT
& TRAINING.
-No equivalent- “A member shall continuously seek to update, improve and
share his knowledge and skill in the art, science and
profession of architecture and other allied fields.”
[7.02] A member shall share his knowledge with his fellow
-No equivalent- members, peers and any party with an interest in such
knowledge.
[7.03] A member shall provide to the Graduate Architects
under their employment, all the necessary assistance,
-No equivalent-
opportunities, training and experience required for
professional practice and any qualifying examinations.
PRINCIPLE No.8 - THE COMMUNITY AND
ENVIRONMENT.
-No equivalent-
“A member shall respect the community, its heritage and the
environment in which he is practicing in.”

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