KUALA LUMPUR: The activities of fly-by-night architects and illegal practices by unregistered companies offering architectural and interior design services have evolved rapidly with technological advancement, says the Malaysian Board of Architects (LAM).
In the past, these services were advertised in newspapers and on websites.
They have now proliferated, especially on social media sites like TikTok and ecommerce platforms.
“We were surprised by such advertisements. That is alarming, because we never expected it to go this far in Malaysia. So, is this practice wrong? Yes, it is,” LAM president Datuk Azman Md Hashim (pic) told 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 registered under the agency.
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 registered architects or interior designers are professionals regulated by the Code of Conduct under the Architects Rules 1996.
He added that 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, preventing clients from being cheated.
These professionals also act as project consultants to oversee the project from the planning stage to completion and the 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 local authorities, safety weaknesses such as structural design flaws, legal liabilities, abandoned projects and financial losses,” he said.
Azman said that according to the existing code of conduct, there are specific procedures for advertising a professional architect’s services.
“Architects registered with LAM typically do not advertise on social media. We are not saying it is not allowed, but we do not encourage it. Professionally, they also refrain from doing so because our LAM portal allows public access to our services.”
Since 2016 to date, 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.
The professions registered with LAM, which comes under the Works Ministry, 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 apply for planning and building plans.
“Their involvement usually occurs in two ways: either the contractors hire them or the clients appoint them directly. Both scenarios aim to ensure 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”.
“What are the consequences if 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 CCC cannot be issued because the proper procedures were not followed.”
He 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,” he said.
Fly-by-night architects, according to Azman, are in a different situation because they are not subject to any agreements or regulatory bodies, making it impossible to take legal action against them.
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.
Admitting there are gaps that allow fly-by-night architects to thrive, Azman said stricter measures need to be introduced.
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, he said.
To achieve this, LAM is developing a system in collaboration with the Malaysian Institute of Architects and the Malaysian Institute of Interior Designers to provide guidelines for members of the public on the proper procedures for building or renovating their homes.
