UST College of Architecture ARCHITECTURE COMPREHENSIVE COURSE

Pontifical and Royal

University of Santo Tomas
The Catholic University of the Philippines
Espana, Manila

COLLEGE OF ARCHITECTURE

PROFESSIONAL PRACTICE & BUILDING LAWS

1. INTRODUCTION

The Practice of Architecture is deviated ( from what is written in the “RA 9266, SPP Standard of
Professional Practice, & the General Conditions of a Contract”) in the real world but has been
seemingly accepted as the “Practice”. There are certain parts of the “Practice” that are outdated
& therefore needs to be updated to fit the fast changing global conditions.

2. ADMINISTERING THE REGULAR SERVICES OF ARCHITECTURE

a. Definition of the Architect’s Role in the Building Industry
conditions of TRANSLATION
TRANSLATION PROCESS
1. School: 6 – 8 weeks
2. Architectural Office: 2 – 6 months
3. Board Exam: 9 hours

Abstract World Material World

1. Conceptualization 5 M’s Resources of Construction

2. Design 1.Materials
3. Documentation 2.Machinery 1
4. Implementation 3.Manpower
4.Money 2
5.Minutes
1
3

3 2 4

1. Owner 1. Architect
2. Professional Designers 2. Professional Designers
3. Builders 3. Skilled Builders
4.Unskilled Builders

The Architect is a person who is Academically and Professionally qualified to practice

Architecture. The Architect is also the person who has been commissioned to design a
project. The Architect can never be replaced by no one…since he is the author of the
PLAN.

Academically
 BS Architecture (5-year Curriculum)

By Assoc. Prof. ABELARDO E. FIRMEZA, fuap S. 18.06.2012

 UST College of Architecture ARCHITECTURE COMPREHENSIVE COURSE
 Diversified Training Experience (DTE) – 2 years / 3840 hours

Professionally
 Legal Age – 21 years old
 Passed the Architecture Licensure Examination
 Registration with:
- Professional Regulations Commission (PRC)
- Local Government Unit (LGU) / Bureau of Internal Revenue (BIR)
- Department of Trade & Industry (DTI) – Sole Proprietorship
- Security & Exchange Commission (SEC) – Corporation

“The Architect is the PRIME PROFESSIONAL . He functions as the Creator /

author & coordinator of the Building Design which becomes the basis of the
construction or implementation of the Project”

b. The Architect’s Responsibilities and Liabilities (The ARCHITECT’S CREDO)

CODE OF ETHICS

 GENERAL OBJECTIVES
I shall work with the general objective – that my duty is not only to myself, but also to
my country & God.
 IDEALS
I shall uphold the Ideals & follow the Norms of conduct of this noble profession &
endlessly endeavor to further its just ends.
 SUCCESS
I shall humbly seek success not through the measure of solicited personal publicity, but
by industrious application to my work, strive to merit a reputation for quality of service &
for fair dealing.
 REMUNERATION
I shall ask from all, fair remuneration for my services while expecting & asking no profits
from any other source.
 INTERES OF THE CLIENT
I shall the Interest of my Client over & above any self interest for financial returns.
 PROFESSIONAL PREROGATIVES
I shall exercise my Professional Prerogatives always with impartiality &
disinterestedness.
 BUSINESS VENTURES
I shall avoid any private business investments or ventures which may tend to influence
my professional judgment to the detriment of the trust placed upon me.
 BEHAVIOR
I shall inspire by my behaviour the loyalty of my associates & subordinates & take upon
me the mentorship of the aspirants to the profession.
 CRITICISM
I shall confine my criticisms & praises within constructive & inspirational limits & never
resort to these means to further malicious motives.
 CREATIVE ENDEAVOR
I shall dedicate myself to the pursuit of creative endeavor towards the goal of
enlightened Art & Science, generously sharing with colleagues, friends & strangers alike
the benefits of my experience & expertise..

c. The Methods of Selecting the Architect

(note: The Selection of the Architect is “never” by the factor of TALENT)

 DIRECT SELECTION
The Client goes DIRECTLY to the Architect

By Assoc. Prof. ABELARDO E. FIRMEZA, fuap S. 18.06.2012

 UST College of Architecture ARCHITECTURE COMPREHENSIVE COURSE

 INDIRECT SELECTION
- Recommendation from a satisfied Client
- Referral from another Architect
- Comparative Selection – through factors of selection that would deliver the project
with Efficiency & does not include the factor of TALENT

 DESIGN COMPETITION
- Properly organized by the proponent & supervised by the IAPOA
- Participation of Registered & Licensed Architects only
- Major part of the award is the commissionship of the project to the winner

d. The Architectural Projects

 Simple Projects
Projects of simplest utilization & character…usually with ”No Interior Partitions” – LIST
MBF = 6% (old version)

 Moderate Projects
Projects of moderate complexity of Design…usually with “Interior Partitions” – LIST
MBF = 7% (old version)

 Exceptional Projects
Projects of exceptional characterization…usually done with “Consultants” – LIST
MBF = 8% (old version)

 Residential Projects
Projects that include Residentials of all types – LIST
MBF = 10% (old version)

 Monumental Projects
Projects that require a big amount of CONCEPTUALIZATION – LIST
MBF = 12% (old version)

 Repetitive Construction
Projects that are constructed repeatedly using one & the same Plan by the same
Architect for the same Client – Projects belonging to Group Nos. 1, 2, 3, & 5
MBF = MBF + 80% + 60%+ (40% x N) (old version)

 Housing Projects
Housing Projects that are constructed repeatedly using one & the same Plan by the
same Architect for the same Client – Projects belonging ONLY to Group No. 4
MBF = MBF + [60% x N {2nd-10th unit}] + [30% x N {11th - ∞ }] (old version)

 Extensive Detailing
Projects that would involve extensive details in Design – LIST
MBF = 10% (old version)

 Alterations & Renovation

Projects that involve in changes done to existing structures - Projects belonging to
Group Nos. 1, 2, 3, 4, & 5 – LIST
MBF = MBF + 50% x MBF (old version)

 Clarifications / Opinions
Engagements of the Architect where he is giving Clarifications, expert advises &
opinions, etc
MBF = (not yet prescribed)

By Assoc. Prof. ABELARDO E. FIRMEZA, fuap S. 18.06.2012

 UST College of Architecture ARCHITECTURE COMPREHENSIVE COURSE

e. The Professional Fees (old version as of June 2012)

Minimum Basic Fee (MBF) should be FAIR

Profl “as the Construction Cost is higher, the

Fee10 Professional Fee is relatively lower or
Vice Versa”

1 10
Cons Cost
PROJECT CLASSIFICATION PROFESSIONAL FEE
 Simple Projects - MBF = 6%
 Moderate Projects - MBF = 7%
 Exceptional Projects - MBF = 8%
 Residential Projects - MBF = 10%
 Monumental Projects - MBF = 12%
 Repetitive Construction - MBF = MBF - 80% - 60% - (40% x N)
( for Grps 1,2,3, & 5 )
 Housing Projects - MBF = MBF – [60% x N {2nd-10th unit}] –
[30% x N {11th - ∞ }]
(for Grps 4 only)
 Extensive Detailing - MBF = 12%
 Alterations & Renovations - MBF = MBF + 50% x MBF
 Clarifications / Opinions - MBF = (not yet established)

f. Methods of Remuneration (ref: Project Classification / Professional Fee)

 Percentage of the Construction Cost

Prescribed MBF % x Project Cost parameter
Use: Creative Projects (requires Design & Construction)

 Multiple of Direct Personnel Expense Method

(Arch’s x N x R x Mf) + (Consultants x N x R x Mf) + (Staff x N x R x Mf) = Direct
Cost
Direct Cost + 30% Margin of Profit + Reimburseable Expenses =
Implementation Cost
Implementation Cost + Architects’ / Engineers’ Prof’l. Fee = Project Cost
Use: Non-Creative Projects (requires NO Design & Construction)

 Lump Sum + Fixed Fee

Convert Computed Prof’l Fee into the next whole number (Lump Sum) then “Fix
the Fee”

 Professional Fee + Reimburseable Expenses

Pre-Determined Professional Fee + Reimburseable Expenses (not foreseen
expenses – but must comply with the following requirements:: 1. Mutual
Agreement 2. Pertinent to the Project 3. Expenses must have occurred
outside of the 100-Kilometer radius from the Architect’s area of operation)
.
 Per Diem
Daily Living Allowance of the Architect if assigned 50 – kilometers radius away
from his area of operation…depending on the Arch’s rank & stature &
classification of the place of work

By Assoc. Prof. ABELARDO E. FIRMEZA, fuap S. 18.06.2012

 UST College of Architecture ARCHITECTURE COMPREHENSIVE COURSE

 Combination
Use of 2 or more Methods of Remuneration in determining the Professional Fee
of the Architect

 Turn Key
The “Implementor of the Project” will advance all the cost of implementation for
the Client…after the “Turn-Over of the Project, the Client will fully pay the
“Implementor” all the Cost including Margin of Profit & other agreed cost.

(note: The Architect is NEVER paid by Salary Method…all matters concerning

MONEY is due on or before 15 days after notice…transactions must follow
the prescribed payment schedule - not arbitrary)

g. Schedule of Compensation

 CONTRACTOR
1. Downpayment (20% - 50% of the Fee depending on the complexity &
magnitude of the project
2. Progressive Payment based on the partial percentage of completion (but not
more than once-a-month) complying with the “Breakdown of the Contract
Sum”

- at 65% completion, the Contractor is mandated to submit a Certificate

of Non-Financial Obligation),
- at 98% completion (substantial completion) the Contractor is qualified for
“Full Payment”.
3. At the “Final Turn-Over” of the Project, the Contractor is required to post a
“Guarantee Bond”

 SPECIALIZED ALLIED SERVICES

1. Proposal Fee - 5%
2. Submission & acceptance of the Preliminary Drawings - 25% = 30%
3. Submission & acceptance of the Final Drawings - 50% = 80%
4. Retention Fee (to be released 90 days after the
Acceptance of the Project by the Architect) - 20% = 100%

 ARCHITECT
1. Proposal Fee - 5%
2. Project Definition Phase -
3. Schematic Design Phase -
4. Design Development Phase - (not yet
prescribed)
5. Contract Documents Phase -
6. Bidding or Negotiating Phase -
7. Retention Fee (to be released 90 days after the
Acceptance of the Project by the Architect) - 10% = 100%

h. Inter-Professional Relationships

3. THE SPECTRUM OF THE ARCHITECT’S SERVICES

a. SPP No. 201: Pre- Design Services

It covers a broad line of architectural services that can provide the Client with objective project
analysis, establishing parameters to optimize building needs vis-à-vis available resources &

By Assoc. Prof. ABELARDO E. FIRMEZA, fuap S. 18.06.2012

 UST College of Architecture ARCHITECTURE COMPREHENSIVE COURSE

attendant constraints. It includes the following:

1. Consultation 7. Architectural Programming

2. Pre-Feasibility /studies 8. Space Planning
3. Feasibility Studies 9. Space Management Studies
4. Site Select & Analysis 10. Value Management
5. Site Utilization & Land Use Studies 11. Design Brief Preparation
6. Architectural Research 12. Promotional Services

MBF: use Multiple of Direct Personnel Expenses Method

b. SPP No. 202: Regular Design Services

This is the main focus of the Practice of Architecture – Design of Structures. The Scope of
Services include the following:
1. Project Definition Phase 4. Contract Document Phase
2. Schematic Design Phase 5. Bidding or Negotiation Phase
3. Design Development Phase 6. Construction Phase

MBF: use Percentage of Construction Cost Method

c. SPP No. 203: Specialized Allied Services

It deals with specific expertise for further enhancement of architectural interior & exterior
components of the Project. Scope of Services:
1. Architectural Interiors 13. Forensic Architecture
2. Acoustic Design 14. Building Appraisal
3. Arch’l Lighting Layout & Design 15.Structural Conceptualization
4. Site Dev’t Planning 16. Preliminary Studies
5. Site & Physical Plan’g Services 17. Contract Documentation & Review
6. Comprehensive Dev’t Planning 18. Post Design Services
7. Historic & Cultural Heritage Consern & Plan’g 19. Dispute Avoidance & Resolution
8. Security Evaluation & Planning 20. Architectural Research Methods
9. Bldg Systems Design 21. Spl Bldg / Facility Plan’g & Design
10. Facilities Maintenance Support 22. Building Components
11. Building Testing & Commissioning 23. Mgt of Architectural Services
12. Building Environmental Certification

MBF: Percentage of Construction Cost & / or MDPE

d. SPP No, 204a: Full Time Supervision Services

This Service involves the engagement of the Architect as Construction Supervisor on Full Time
basis.

MBF: Combination – Percentage of Construction Cost, MDPE, Lump Sum, Per Diem

SPP No. 204b: Construction Management

The Service involves the supervision & coordination of the various specialties including the
management of the Resources of Construction.

MBF: 1-1/2% - 3% of the Construction Cost

e. SPP No. 205: Post Construction Services

This Service is usually required after the Turn-Over of the Project. The Architect is engaged as
the Building Administrator & / or as Property Manager.

MBF: 1. Fixed Monthly Salary

2. 4% - 6% of the Gross Monthly Rentals (old version)

By Assoc. Prof. ABELARDO E. FIRMEZA, fuap S. 18.06.2012

 UST College of Architecture ARCHITECTURE COMPREHENSIVE COURSE

f. SPP No. 206: Comprehensive Architectural Services

This is the Service wherein the Architect is engaged/expected to perform all the services from
SPP NO. 201 to SPP No. 205. Further he also becomes the Project Manager of the Project

MBF: 1.Combination of Compensation Methods

2. Project Mgt: 2% to 5% of the Construction Cost (old version)

g. SPP No. 207: Design - Build Services

This Service is one of the windows where the Architect is allowed to Design &
Implements/Construct the Project. It includes the following:
1. DB by Administration - MBF = 7% in addition to Design Fee
2. DB on a Guaranteed Max. Cost - MBF = 10% in addition to Design Fee

h. SPP No. 208: Architectural Design Competition

“The purpose of this is to state the principles upon which competitions are based & by which
Competition Proponents should be guided in organizing such Competition.

i. SPP No. 209: Professional Architectural Consulting Services

The Architect is engaged as a Professional “Subject Matter Expert” to render objective advice /
opinions. The scope of the service includes the following:
1. Program / Project Conceptualization & Dev’t
2. Rendering of Technical advice, consultation &/or counseling
3. Preparation of schematic/concept-level through preliminary plans, drawings, designs
& technical Specifications
4. Teaching, Lecturing, Coaching, Mentoring
5. Research & Development
6. Documentation
7. Conduct of pre-investment / pre-feasibility & feasibility studies
8. Marketing & Promotional Studies
9. Land Use & Multi-ssectoral development planning, development, & Management
10. Site Selection, analysis, evaluation, ranking, & development
11. Construction
12. Project / Construction Mgt., & / or Administration
13. Post-Construction Evaluation
14. Monitoring & Evaluation
15. Training, capability building & Continuing Professional Development
16. Capital Investment Programming

4. THE BUILDING LAWS

a. The General Conditions of a Contract

1. UAP Doc. No. 301 – The General Conditions of a Contract

It is automatically enforced once the Contract (between the Owner & the Contractor or between
the Owner & the Architect) is consummated. RA 9266 now requires that the Contract must be
enforced before any Architectural Service is provided.

S-1: a. Definitions .
b. Documents
S-2: a. Laws / Regulations
b. .Site Conditions
c. Permits
d. Taxes
e. Royalties & Patents
S-3: a. Equipment
b.Materials

By Assoc. Prof. ABELARDO E. FIRMEZA, fuap S. 18.06.2012

 UST College of Architecture ARCHITECTURE COMPREHENSIVE COURSE

S-4: a. Premises
b. Temporary Facilities
S-5: a. Protection of Work & Property
S-6: a. Labor, Work, & Payments
S-7: a. Contractor
b. Sub-Contractor
S-8: a. Suspension / Termination of Work
S-9: a. Responsibilities of Contractor / Owner
S-10: a. Authority of the Architect, Engineers, & Project Representatives
S-11: a. Schedule of Time Limits

b. The Laws regulating the Practice of Architecture

1. RA 9266 - The new Architecture Law of 2004

The biggest change made from RA 545 (the old Architecture Law) is the change from the SOLE
PROPRIETORSHIP Practice to the CORPORATE Practice of Architecture. It also mandates
that a Contract must be consummated between the Architect & Owner and / or the Owner & the
Contractor.

Art. 1: General Provisions

Art. 2: Professional Regulatory Board of Architecture
Art. 3: Examination, Registration, & Licensure
Art. 4: Practice of Architecture
Art. 5: Final Provisions

2. PD 223 - The Law that created the Philippine Regulations Commission

The Law that created for each of the Professional Fields their specific Professional Regulatory
Boards. For Architecture, it’s the Professional Regulatory Board of Architecture (PRBoa).

3. RA 8293 - The Intellectual Property Law

The Law that protects the AUTHORSHIP of the Architectural Design of the Architect.

c. The Laws affecting Real Estate, Housing, Gen Design, Construction, etc.

1. PD 1096 - The National Building Code of the Philippines

The Code that sets the norms & standards that must be complied with, in the design &
construction of structures in the Philippines. Special focus on IRR (Implementing Rules &
Regulations) Rule 7 & 8. Priority chapters to study:

Chap. 1: General Provision

Chap. 2: Administration & Enforcement
Chap. 3: Permits & Inspection
Chap. “X”: Classification of Use & Occupancy
Chap. “X”: Light & Ventilation
Chap. “X”: Gen. Design & Construction Requirements
IRR Rule 7
IRR Rule 8

By Assoc. Prof. ABELARDO E. FIRMEZA, fuap S. 18.06.2012

 UST College of Architecture ARCHITECTURE COMPREHENSIVE COURSE

2. PD 9514 - The Fire Code of the Philippines

The Code that sets the standards in the design & construction of structures in the Philippines
that ensures the welfare of people during the occurrence of FIRE. Focus is set on the
preventive measures against Fire.

Glossary of Terms
Rule X Div “X”: General Provision
Rule X Div “X”: Administration & Enforcement
Rule X Div “X”: Classification of Use
Rule X Div “X”: Egress & Exitways
Rule X Div “X”: High Rise Structures

3. BP 220 - The Socialized Housing Law

The Law that sets the MINIMUM standards in House Design for the Low Income & Marginalized
families in the Philippines.

4. PD 957 - The Condominium & Subdivision Buyers Protective Law

The Law that prescribe the MINIMUM standards for multi-storeys & multi-family dwellings.

5. BP 344 - The Law Enhancing the Mobility of the Disabled / Accessibility Law

The Law that prescribe that prescribe the MINIMUM standards to accommodate the needs &
comfort of the “CHALLENG PEOPLE”

5. SIMULATED BOARD EXAM or MOCK BOARD EXAM (Final Exam Period at the
end of the Semester)

REFRENCES

1. UAP Documents (including the SPP-Standards of Professional Practice)

2. PD 1096 – The National Building Code
3. RA 9514 – The Fire Code of the Philippines
4. PD 957 – The Subdivision & Condominium Buyers Protective Law
5. BP 220 – The Socialized Housing Law
6. BP 344 – The Law Enhancing the Mobility of the Disabled (Accessibility Law)
7. RA 8293 – The Intellectual Property Law
8. PRC Laws & Regulations
9. The Labor Code of the Philippines

By Assoc. Prof. ABELARDO E. FIRMEZA, fuap S. 18.06.2012