Is my Boss breaking the law.

Is my Boss breaking the law.

Postby enzyme » Thu Jul 02, 2009 9:49 am

I work for some guy who is practicing as an Architect. It turns out he is just a part 2 architect. He has not taken his final exams. He has his own practice. Is he breaking the law? Are there issues with collateral warranties, insurances, signing off on certificates of compliance? Are there any other issues? If he is breaking the law what can be done about it? He seems to have no knowledge about Architecture whatsoever, in terms of design, management, building regulations and the technical side of things. I am really concerned. Also there is a young guy who is doing his Part 1 student work experience there. If my boss is not a Part 3 architect, than I presume he is not allowed to give the reference required for the student to continue to do his part 2
Thanks
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Re: Is my Boss breaking the law.

Postby goneill » Thu Jul 02, 2009 12:24 pm

Is this in Ireland?
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Re: Is my Boss breaking the law.

Postby goneill » Thu Jul 02, 2009 12:58 pm

Because if it is, I didn't think we had "Part 1, 2 and 3" though they may be used to loosely describe those who have completed third and fifth years and their professional practice exams repectively. Maybe it has changed in the last couple of years, but I didn't think anyone had to have any post-third year work experience in order to complete 4th and 5th years, and if that remains the case your concern about the "Part 1" guy doesn't arise.

With regard to your boss's status, the RIAI website suggest that the assessment board hasn't actually convened yet so that for all you know he may have applied and until that application has been decided it is unlikely he is doing anything illegal by calling himself an architect. If he is actually doing that - you say only that he is practicing as one which will not be illegal even when registration is fully operational so long as he dosn't use the title "architect".

Insurance is obtainable without qualifications (incredibly) and his Opinions on Compliance etc should make his status clear. Whether they are acceptable or not is up to the recipient. But given your lack of regard for him, the most honourable thing you could do is resign from his employment and seek a job elsewhere. I wouldn't put this exchange on your CV!
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Re: Is my Boss breaking the law.

Postby enzyme » Thu Jul 02, 2009 2:22 pm

Ya it's in Ireland. The student is studying in the UK. I think there you do 3 years and have to get work experience before you can commence with a part 2. A reference has to be given by the employer to the student.

I can guarantee that he has not applied. He actually does call him self an architect. On his letterhead, it states architect and his company has architects in it's name.
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Re: Is my Boss breaking the law.

Postby shadow » Thu Jul 02, 2009 9:11 pm

Registration of the title Architect
1 May 2008 sees the start of Registration of the title Architect in Ireland with the commencement of the Building Control Act 2007.

Unless the person so described is a member of the RIAI (moved onto the register automatically) or has been added via the "Minister's list" he cannot call himself an architect or advertise or post his work as an architect. If he continues without being registered he is indeed breaking the law.

Moreover if the "architect" is not a member of the RIAI or RIBA or other organisation it is unlikely that the student’s experience will be deemed to have been audited for the purposes of professional experience.
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Re: Is my Boss breaking the law.

Postby goneill » Fri Jul 03, 2009 8:11 am

True but: [from the RIAI website]
"Will I be prosecuted if I use the title “Architect” after 1 May 2008?
Taking proceedings for misuse of title is a matter for the registration body, the RIAI, as provided for in the Building Control Act 2007. Before any prosecutions can even be considered the system needs to be fully operational, information needs to be in the public realm and all the various entry mechanisms need to be fully operational. In any event prosecution cannot, for obvious reasons, be initiated against a person who has applied for admission while such an application is being considered."


1 May 2008


The system is not fully operational.

But ensyme's young friend may have a problem as an RIBA scholl may well not count his work experience. However i have heard that schools there are taking a more lenient view of the experience requirement due to the lack of jobs. Presumably no-one there is taking on third year students so there must be some fall back position.
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Re: Is my Boss breaking the law.

Postby enzyme » Fri Jul 03, 2009 11:35 am

Thanks for your advice guys.
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