# The Building Control (Amendment) Bill 2010



## onq (1 Aug 2010)

John O'Donoghue proposed a private member's bill on July 8th 2010:

The Building Control (Amendment) Bill 2010

[broken link removed]

This Bill is intended to give recognition to those persons practising architecture in the State for more than seven years whose route to achieving competence was other than through the prescribed academic route as recognised in DIR 85/384/EEC and DIR 2005/36/EC.

Many of those terms "Grandfathers" have over twenty years providing competent services to their communities around the country.

Some have formal qualifications but not Part III's while others have been apprenticed to Members of the Institute and other qualified competent professionals.

Naturally this has excited some comment from the RIAI as you can see in this thread on Archiseek:

[broken link removed]

Go to the end of the thread - the newer posts are there.

The matter is by no means settled, but it shows that there is a case to be made and answered.

The RIAI's response has been vigorous, but this calls into question whether 
(i) they are abusing their position as a dominant player in the market, or 

(ii) merely not acting impartially as a statutory body.​   That sounds like a Family fork, as my chess playing friends used to say.

ONQ


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## onq (1 Aug 2010)

Current Link on the RIAI Web page stating their concerns.

Lovely to think that after 20 years competent practice I'm considered a threat to the profession.

http://www.riai.ie/news/article/ria...nal_grandfather_clause_in_building_control_a/

ONQ.


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## 4poster (6 Aug 2010)

I see the Building Control (Amendment) Bill 2010 as an answer to the problem of having a supposed regulatory authority with direct conflicting interests in preserving a workload for it's own members above the interests of the general public.


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## onq (8 Aug 2010)

Its more complex than than that, and given that this was conveived in large part in 2005 and the preceding decades were spent lobbying, it may well be unfair to judge the intent based solely on  one of the more obvious effects within the local timeframe.

ONQ

  [broken link removed]

  All advice on AAM is remote from the situation and cannot be relied        upon                                   as a defence or support - in    and     of     itself  -         should       legal        action     be            taken.
  Competent legal and building professionals should be asked to advise      in                                     Real Life with rights to   inspect    and      issue         reports    on     the         matters      at          hand.


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## threebedsemi (9 Aug 2010)

The previous bill is surely not stopping anyone or their granny from continuing to offer building design and supervision services is it? 
While I did not agree with many of the contents of the previous bill (as an RIAI Member), I fail to see how the public interest is being served by this ammendment.
Are we really going to revert to being the only country in Europe whose 'architects' can only be called so within our own borders? Really?


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## onq (9 Aug 2010)

threebedsemi said:


> The previous bill is surely not stopping anyone or their granny from continuing to offer building design and supervision services is it?
> While I did not agree with many of the contents of the previous bill (as an RIAI Member), I fail to see how the public interest is being served by this ammendment.
> Are we really going to revert to being the only country in Europe whose 'architects' can only be called so within our own borders? Really?



The previous Bill does indeed prevent unregistered persons providing supervision services.
Such services are tied to certification of monies and  there is no situation in my twenty years of experience where the twain occured seperately.

The previous bill prevents this because the inspecting designer cannot certify - as an architect - and many lending instutitions require this now.
AIB go further requiring certifiers to be MRIAI's even though this appears to exceed the legal requirements, may be discriminatory and thus possibly unwarranted.

My qualification [Dipl.Arch.DIT] is a prescribed qualification in both the Architects Directive DIR 85/384/EEC and the Mutual Recognition of Qualifications Directive 2005/36/EC.
This entitled me to practise as an architect  other EU countries from the day I qualified in June 1990 until May 2008.

Ms. Margaret Hynds O'Flanagan's response to the JOC about the EU Commission suggest that they said that; -
"The inclusion of the Graduate standard as the minimum standard throughout the EU as the minimum standard is erroneous".
This statement by her was itself erroneous (her private e-mail to me 19th May 2010).

FWIW

ONQ

  [broken link removed]

  All advice on AAM is remote from the situation and cannot be relied         upon                                   as a defence or support - in     and     of     itself  -         should       legal        action      be            taken.
  Competent legal and building professionals should be asked to advise       in                                     Real Life with rights to    inspect    and      issue         reports    on     the         matters       at          hand.


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## threebedsemi (9 Aug 2010)

The existing Bill makes no mention of preventing unregistered agents from providing supervison services afaik, and this was not its intention. If it was, why not just propose a bill to state that anyone with PI and experience can certify works? 
Some people may have problems now but this can surely be trashed out with the banks and legal eagles.

I feel that those with a B. Arch or a Dipl. Arch. in their back pocket and with some practical experience should be allowed onto the register, but the proposed bill does nothing to address this. 
There should also be some form of 'qualification through experience' programme introduced, where people can work in an office and take a part time/distance learning course over a perscribed period and get their B. Arch that way. The proposed bill does nothing in this regard either.

I do not see how this bill addresses what my concerns with the original bill were, and I do not see how it can be seen to be in the broader public interest. It is purely in the interest of those who, for whatever reason, do not have an architectural education and dont see why they should have to do some 'worthless and expensive' registration process instead.

Should the registration process be cheaper? Probably.

Should people have to think about more than having designed a few housing estates in the past few years in order to call themselves architects? I think so. 

In the meantime, let them work away. I have no problem with that. But this bill is the wrong way to solve that problem. It is a typically irish solution to an irish problem.


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## onq (9 Aug 2010)

What were your original concerns with the original Bill, and why should this Bill address your concerns at all?

Did you have a hand in writing it?

Please also specify the legislation you are referring to.

The relevant Bills and Acts to date are few enough.

The Building Control Bill 2005

became 

The Building Control Act 2007.

This disenfranchised Graduates despite their qualification being the European Minimum and failed to allow for a proper Grandfather Clause, as opposed to an invite to spend up to €13,500 once only assessment.

The currenct Bill is the Building Control (Amendment) Bill 2010, which proposes a genuine Grandfather Clause.

As regards the Graduate situation, there's no hurry, lets deal with one thing at a time.

But disenfranchising Graduates was designed solely to pander to the RIAI.

There were several layered approaches that should have been used.

Instead an ignorant guillotine was used, with a blind eye to MRIAIs.

MRIAIs are guilty of offences under the Act from May 2008.

They continued to use the Title without Registration.

That is the offfence, not the RIAI's "interpretation".

And then there is a small matter of possibly inadvertently misleading the JOC about the AU Minumum = the Graduate standard, which I hope for the Registrar's sake MHOF has corrected by now.

Finally there is the unseemly posturing of the Registrar, supposedly an independent and impartial office, urging "its members" to lobby to undermine the Building Control (Amendment) Bill 2010.

The trouble is, the Registrar wears at least two hats, one as the Registrar, one as a Director of RIAI Ltd., and there seems to be some sort of conflict of interest going on at the moment.

The ironly is that the Registrar/Director of the RIAI is urging its Members to Act, when the RIAI will tell anyone that they don't represent their Members, they "promote Architecture".

It must come as a surprise to a guy or gal with a problem to find that the people they pay €450 to each year don't want ot represent them - that would annoy the heck out of me.

FWIW

ONQ

  [broken link removed]

  All advice on AAM is remote from the situation and cannot be relied          upon                                   as a defence or support -  in     and     of     itself  -         should       legal        action       be            taken.
  Competent legal and building professionals should be asked to advise        in                                     Real Life with rights to     inspect    and      issue         reports    on     the         matters        at          hand.


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## threebedsemi (10 Aug 2010)

I'm not here to defend the RIAI, but neither do I wish to get into where they are right and wrong. They are cetainly wrong about plenty, however I do not see the point of this bill being championed as a 'stick-it-to-the-RIAI' bill. And no, i didnt write the 2007 act .
If someone wants to stick it to the RIAI, they are welcome to as far as I am concerned, but this isnt the way to do it. 

So I am not really interested in this thread turning into an anti RIAI tirade, there should be another thread (and a viable one could cetainly be started) about that. 

 As this thread is about the subject matter of the currently proposed bill, I will instead state that my problem with this bill is that I don't agree with catch-all grandfather clauses, period. I have no intention of putting anyone out of work, and as I said above the 2007 Act did not do this, rather the interpretation of it did. 

I do think the 13.5k is expensive, but what should it cost? 5k? 200 euro? I dont know.
For comparison, my B. Arch. cost me more than 13.5k to do, back when 13.5k was money, and that doesn't even begin to allow for my 'loss of earnings' for the five years I was doing it.

I do think that the evaluation process, from what I have seen of it, is a useful tool. 

I do not think that someone who qualified as, say, a civil engineer in 1995, and is now 35, and has spent the past 7 years working on his own designing houses, housing estates and warehouses, is an architect. He may be competent in terns of construction, up to date on Regs, Planning, H&S and so on, but he is an engineer, trained as an engineer, and I do not see why he should suddenly be allowed to call himself an architect. In my eyes he is not. 

He can however, work away as far as I am concerned, and good luck to him.


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## RKQ (10 Aug 2010)

threebedsemi said:


> my problem with this bill is that I don't agree with catch-all grandfather clauses, period.


 
The Ministers List was a catch-all grandfather clause. Those on the list are now Registered Architects & full members of RIAI. 

Do you feel these new Architects are not worthy of RIAI or Registration?

I have argued for years that the Bill was unfair. I certainly do not want to knock RIAI in this thread.

The RIAI had a chance to resolve this with Technical Assessment but they decided to use TA to cull competition - they made TA excessively expensive at €6,500 (still to be confirmed by Minister Gormley 9 months after Registration was announced). Pilot TA had 50% fail rate after Appeal.

I am RIBA Part * yet my qualifications are ignored by RIAI. Technical Assessment does not recogise Degrees, Diplomas or Masters. Confirmation of exact grades / subjects from your University after 20 years can be difficult if not impossible - all designed to be difficult to do in the hope you won't bother applying!
I must work under an RIAI member for years before I can sit exams to enter - free slave labour in the hope of acceptance by my peers.

It is well known that Technical Assessment of Architects was far more detailed, difficult, intensive and expensive than TA for Q.S or Building Surveyors. Why is this & who gains?

RIAI & "The Legal Eagles" are unwilling or incapable of resolving these issues. Thankfully our Government writes the Law and this ammendment will rectify "mistakes" in the previous Bill. It will keep the playing field level and repair uncompetitive injustices.


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## onq (10 Aug 2010)

threebedsemi said:


> I do not think that someone who qualified as, say, a civil engineer in 1995, and is now 35, and has spent the past 7 years working on his own designing houses, housing estates and warehouses, is an architect. He may be competent in terns of construction, up to date on Regs, Planning, H&S and so on, but he is an engineer, trained as an engineer, and I do not see why he should suddenly be allowed to call himself an architect. In my eyes he is not.
> 
> He can however, work away as far as I am concerned, and good luck to him.



Well, you see, in fact he may be an Architect in all but qualification, and there is the RIAI's problem.

SUch person's certs are accepted by banks for two reasons - 10 years and more providing technical services, plus his engineering degree - so its a moot point as far as certification is concerned.

But certifying "as an architect" is a different matter in law.

If you were to consider the onerous requirements that befall the architect in law you'd see that only a lunatic or a criminal would use the title willingly and accept all the responsibility that goes with it if they weren't an architect.

This is the only real assurance the public needs - that the person saying he is an architect will be held to that standard by the Court.

And no, having a qualification doesn't - in and of itself - mean someone isn't a lunatic or a criminal.

ONQ

  [broken link removed]

  All advice on AAM is remote from the situation and cannot be relied         upon                                   as a defence or support - in     and     of     itself  -         should       legal        action      be            taken.
  Competent legal and building professionals should be asked to advise       in                                     Real Life with rights to    inspect    and      issue         reports    on     the         matters       at          hand.


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## threebedsemi (14 Aug 2010)

I feel that we need to define what an Architects’ role in our society should be, and let this then guide our definition of what an Architect is in our legislation. To my mind, being ‘technically competent’ is only half the battle. 
This link sets out what our European brethren feel that an architect should be aware of, before being able to use the title. 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2005L0036:20090427:ENDF
Scroll down to Page 43 for the ‘Training of Architects’ section. 

What I find of note in this is that a good number of the points outlined in the document refer to the ‘theoretical’ or ‘aesthetic’ functions of the role. I feel strongly that an Architect should have a solid grasp of these aspects of practice. If a practitioner doesn’t have some appreciation of these factors, he will find it difficult to design anything above the level of a dormer bungalow.

Thus I do not accept ONQ’s point that our friend referred to in my earlier post is necessarily ‘an architect in everything but qualification’. 
I wish to state again that these people should be fully entitled to work, and if they have the technical competency, should be allowed to certify the buildings which they design.

What I would like to see is that anyone wishing to call themselves an architect, would have to display, in parallel to showing the required technical competence, what the EU Directive refers to as: 

_(a) __‘ability to create architectural designs that satisfy both aesthetic and technical requirements;_

_(b) __adequate knowledge of the history and theories of architecture and the related arts, technologies and human sciences;_

_(c) knowledge of the fine arts as an influence on the quality of architectural design;_

This of course might be getting a bit too ‘airy fairy’ for some people, and there is in this general debate, like in every other facet of Irish life, a deep distrust of ‘intellectuals’. A look around at our current crop of politicians is ample evidence of our general ambivalence to those who theorise. 
It might well be argued that the people of Ireland are not in the least interested in the aesthetics of design. Fine, they should be able to appoint their local engineer/planning consultant/etc to design their buildings, and should not be forced into the arms of an RIAI architect who will ‘fill their head with nonsense’.

If this Bill is the result of an argument over being able to certify works, it is the wrong way to go about solving the problem. 

I would be in favour of a Bill which allows anyone who can show 'Technical Competence' to get their insurance and certify away, without having to call themselves 'Architects'.

I would be in favour of a Bill which allows anyone with a B Arch. or equivalent (and therefor having a grasp of the points a,b, & c above), and with some practical experience, to be allowed onto the register without having to go through quite so many hoops.

I am not in favour of practioners without any aesthetic knowledge, or indeed any interest in gaining any, being able to use the title of 'Architect'. It is too central an attribute to be ignored.


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## onq (16 Aug 2010)

I've thought about this for a couple of days before responding.

The problem with the existing legislation is that it ignores both practical experience and prescribed qualifications.
It places undue emphasis on academic studies, while ignoring empirical evidence that these can blunt talent.
Look at the quality of Japanese designers, who like us until recently, could put up the name and practice.

The BCA 2007 sets the bar at the Part III level, when the bar is set in Europe at the Part II level.
There is an argument that more qualifications equals better design.
That's all it is though - one argument.
There are contrary arguments; -


 The previous post-modernist witticism has dissappeared up its own ironic, iconic references.
The current neo-modernist debate has run onto the rationalist reef, stripped  of meaning or context.
 The almost anti-design, anti-aesthetic offerings from the likes of Rem Koolhaus does nothing for many people.
   With results like these, what benefit is more education producing stuff like this to the vast majority of the general public, who like the occasional design "boot in the bum", but prefer to live under pitched roofs?
Is there not a reason why 30-40% of people were building their own homes in the boom years and few of these used an architect, preferring an engineer or technician, not only on price but also because they listened?
[The numbers of persons self-building are higher in proportion now, even if overall they amy be down, and yet they still don't use too many architects]
What kind of indictment is that for our profession, when we are regularly accused of being egotists who prefer to push our own design agenda rather than respond to the client?

Does this not in fact point out that there is a maket segment uniquely suited to people of lessr or limited design ability specifically to address traditional design in a harmonious way?
A market that Grandfathers or newly minted Graduates would be ideally "qualified" to service?
A means of survival for the former, and a means of cutting their teeth getting  rounded RL experience for the latter.
As opposed to them becoming subsumed into a big office but not learning the spectrum of abilities an archtiect requires.

Any third level design course divorced from an apprenticeship route runs the risk of fostering an élitist mentality.
Its oto easy to see a profession where service to  architecture is placed before service to the client
Where the architect  knows best even when the opponent is a qualified planner or engineer.
Where those who provide technical knowlege are looked down on by designers.

But there are no easy answers or put downs.
I agree with you that the design element is of absolute necessity.
I however broaden my palette to include the various traditional, classical, fantasy and romantic design ethos.

Modern architects are like the human race after the fall of Babel.
Each talking a different language, where there are no common reference points, each inventing a new language with each utterance.
This results in the discordant city, fine for tempremental mentlers like Koolhaus, but not necessarily the kind of place I want my kids to grow up in.
I don't need the American post-modernist cartoonists taking the mickey but I do want a palette where referential and traditional can co-exist with the modern.

I don't think the talented should kow tow to the over-qualified and I certainly don't think people who pass professional practice exams should lord it over competent technicians.
There has been too much specialising and division in the profession over the past 100 years and the schools are to blame for much of it - after all, they set the agenda, which centres on design.
But despite the broadened palette, I have to agree with you that even if the varied references and competent detailing is there, if the rest of it isn't guided by design then the public loses, and we all lose.

ONQ

  [broken link removed]

  All advice on AAM is remote from the situation and cannot be relied             upon                                   as a defence or support -     in     and     of     itself  -         should       legal           action       be            taken.
  Competent legal and building professionals should be asked to advise           in                                     Real Life with rights to        inspect    and      issue         reports    on     the            matters        at          hand.


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## Chris Arch (23 Sep 2010)

*THE BUILDING CONTROL (AMENDMENT) BILL 2010


THE PROPOSED AMENDMENT IS NECESSARY*

Thousands of practicing professionals are discriminated by the Building Control Act 2007. The Act proposes no alternative to established practitioners who are unable to register. The practitioners who are now unable to use the title "Architect" are regarded as unwanted competition. They are subject to pressures to abandon their businesses and profession. What is their future during the difficult times to come? They have no institute where to seek advice, no code of conduct to guide their actions.

*THE BUILDING CONTROL ACT 2007 PROTECTS REGISTERED PROFESSIONALS RATHER THAN CONSUMERS*

Registration should be implemented to protect the public, without discriminating established practitioners. 

If Part 3 of the Building Control Act 2007 was drafted to protect the public from unqualified individuals, then the Act should ensure that these individuals are subject to a code of practice and that they are monitored by a regulator. But the Act does not provide for such clause. Some practices are left unconsidered to provide architectural services without the support of an Institute, without the assistance of the regulator. The BUILDING CONTROL (AMENDMENT) BILL 2010 will ensure that all practicing professionals are monitored and subject to a code of conduct.


*IT DOES NOT DAMAGE THE REPUTATION OF IRISH ARCHITECTS AND ARCHITECTURE*

The UK, France, Belgium, Italy like the large majority of all other European States have permitted established practitioners to register without damaging the reputation of their architects and architecture. Why would it be different in Ireland?

*IT DOES NOT DISADVANTAGE YOUNGER ARCHITECTURAL GRADUATES*

The BUILDING CONTROL (AMENDMENT) BILL 2010 does not disadvantage those who had the opportunity to graduate, but it insures that the others who could not afford university have the opportunity to continue practicing in all legality within the State. It is Membership of the Institute that will give graduates the right to practice abroad. The BUILDING CONTROL (AMENDMENT) BILL 2010 only requests that established practitioners can continue practicing as architects in the State, it does not seek membership of the Institute for these professionals.

*IT IS A REMEDY AGAINST UNFAIR EXAMINATIONS*

a) The Technical Assessment is elitist, biased and expensive

Registration through the so called Technical Assessment Board, as per Sections 21 and 22 of the Building Control Act, cost €6,500. The appeal cost €4,000. The assessment is for practitioners without formal qualification, as per Section 14.2.(h) of the Act. The applicant must be able to demonstrate 10 years of experience performing duties commensurate with those of an architect within the State prior to May 2008. It is difficult for applicants to comply with the requirements of the Technical Assessment as described in the Act. The RIAI is not facilitating applicants’ task, in the contrary. The Registration body requests that any proof of experience submitted to the Technical Assessment Board shall be verified by a registered professional involved in each project presented by the applicant. Why shall projects which did not involve a registered professional be omitted? Some documents created over a decade ago need to be provided with the verification of individuals who may have migrated or may be dead today. Many of Architects’ Alliance members have practiced on their own account without the assistance of a registered professional. Why should their skills and experience be ignored? Another issue is related to the interpretation of "duties commensurate with those of an architect". An applicant with experience on small residential projects only, would not be successful for registration through the Technical Assessment. However, from a small extension to a skyscraper, isn’t it quality that the public is looking for? Isn’t the architect responsible for quality on small and large projects? Some architects are involved with large developments, some others with small developments. It is very rare that an architect is involved with both. Each established practitioner specializes in a field of architecture. Non registered architects are more frequently specializing in small developments because the government and the RIAI have erected barriers to prevent them doing otherwise. Applicants are judged on how they were managing and supervising their projects. The RIAI procedure is used as a model for quality. However, RIAI standards were never requested by law. Many self-taught architects were complying with the legislation, producing quality services, following their own procedure. Not being members of the Institute, many of us were denied the access and the use of important documents, such as RAI forms of contracts, forms of certifications and so on. How could we have followed those standards? Only those working with members of the RIAI as colleagues were able to do so. Section 14.2.(h) from Part 3 of the Building Control Act 2007, is a route for experienced professionals without academic qualification to register as architects. However, the Registration Body has closed this door setting up a very inappropriate examination.

b) The ARAE is inappropriate, biased and unaffordable

Many were not in a financial position to pay the requested fees in relation to the register examination for self-trained architects this year (ARAE). The examination is very inappropriate and elitist. The skills required during most of the examination are not reflecting the skills of experienced professionals, but those of newly qualified students in architecture. We have compared the ARAE (Republic of Ireland examination) with its Dutch equivalent. The total fees and cost all included are as follow: Dutch Register Examination: €3,065 - ARAE (Republic of Ireland examination): €13,500 There is no justification for such difference in the fees as stated above. The ARAE (Republic of Ireland examination) is over 4 times the cost of its Dutch equivalent. This is a break down of the ARAE cost:

Application cost: €2,250 - Examination cost: €9,250 - Attendance to UCD lectures: €2,000

Within the ARAE brochure, the lecture fees are not included in the examination fees. They are presented separately and cost €1,350 for those who seek membership of the RIAI. However, self-trained architects cannot seek membership prior to have been successful to the ARAE or successful to the Technical Assessment. The fees for UCD lectures requested to self-trained architects were €2,000 in 2008. It must be noted that it is not compulsory to follow the lectures for the examination, but that failure to do so would dramatically jeopardize any chance of success. The Dutch Examination for self-trained architects includes 2 parts. The first part is an interview for the presentation of 3 projects which the applicant has fully or mainly designed. The second part is a thesis on a given subject that the applicant can prepare within his office. The examination reflects the skills required within an architectural practice. In comparison, only 1 of the 3 parts forming the Register Examination in the Republic of Ireland can be pursued in an office. Most of the examination is carried out within university classrooms and other amphitheatres. The skills and knowledge required are proper to students in architecture but they are not the skills and knowledge of an experienced architect. The applicant is not assessed within his working environment. Legal information, Building Standards, Technical Guidance Documents and others that must be part of the architect's office are not permitted during the examination. Part 1 of the ARAE has the purpose of assessing the applicants’ eligibility for the examination. It requests that all projects presented by the applicant shall be verified by a registered professional. The Building Control Act does not make such request; it is the ARAE procedure as set up by the RIAI that is demanding such verification. Section 14.2.(f) from Part 3 of the Building Control Act 2007, is a route for experienced professionals without academic qualification to register as architects. However, the Registration Body has closed this door setting up the ARAE, which is a very inappropriate examination.

The BUILDING CONTROL (AMENDMENT) BILL 2010 is a fair remedy to the above examinations. A remedy that match other European states implementation of registration.


*IT WILL GIVE MORE COHERENCE TO THE REGISTRATION OF ARCHITECTS.*

The Building Control Act 2007 is used by the RIAI as a tool to discriminate some competent professionals. Many practitioners were misrepresented and compared to incompetent practitioners. Irish citizens and/or Irish residents with many years of experience practicing architecture in the State are prevented to use the title "Architect". However, some foreigners without working experience in the State, without knowledge of the Irish planning system and/or Irish Building Regulations can use the title in the Republic of Ireland without any difficulty, in all legality. Why are the knowledge and skills of competent local practitioners denigrated for the profit of incompetent foreigners


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