Contents
Chapter I General Provisions(Articles 1-3)
Chapter II Licence(Articles 4-11)
Chapter III Examination(Articles 12-17)
Chapter IV Business(Articles 18-22)
Chapter V Architect's Office(Articles 23-27)
Chapter VI Architects Council and Examination Commission(Articles 28-34)
Chapter VII Penal Provisions(Articles 35-37)
Supplementary Provisions
CHAPTER I General Provisions
(Purpose)
Article 1. The purpose of this Law is to lay down the standards of architectural technicians who conduct the business of designing of buildings, supervision of works, etc., and to seek to make their business fitting and proper, thereby contributing toward promoting the quality of buildings.
(Definitions)
Article 2. "Architect" as used in this Law means the first class and second class architects.
2 "First class architect" as used in this Law means a person who, obtaining the licence of the Minister of Construction, engages in the business of designing and supervising of works under the name of first class architect.
3 "Second class architect" as used in this Law means a person who, obtaining the licence of Governor of To, Do, Fu or prefecture, engages in the business of designing and supervising of works under the name of second class architect.
4 "Plan and specification" as used in this Law means the drawings (except full size detailed drawing) and specifications necessary for execution of construction works of building, and "design" means preparing of plans and specifications.
5 "Supervising of works" means the collating the works with the plan and specifications in order to confirm whether the work is being carried out according to the plan and specifications.
(Design or Supervision of Works to be Done Exclusively by Architects)
Article 3. Concerning a building which specially requires the security of its quality as a building in view of its purpose, structure and scale, no other person except an architect shall make its design or supervise the works.
2 Kinds and sphere of the building mentioned in the preceding paragraph shall be provided for in separate law.
CHAPTER II Licence
(Licence for Architect)
Article 4. A person who intends to be a first class architect shall pass the examination. for the first class architects conducted by the Minister of Construction and shall obtain the licence to be granted by the Minister of Construction.
2 A person who intends to be a second class architect shall pass the examination for the second class architects conducted by the governor of To, Do, Fu or prefecture, and shall obtain the licence to be granted by the governor of To, Do, Fu or prefecture.
3 A person who was licensed as an architect in a foreign country and whom the Minister of Construction or the governor of To, Do, Fu or prefecture recognizes as having the qualifications equal or superior to that of a first or second class architect respectively may obtain the licence of first or second class architect without going through the examinations mentioned in the preceding two paragraphs.
(Registration of Licence)
Article 5. The grant of licence of the first or second class architect is effected by registering in the register of first class architects or in the register of second class architects respectively.
2 When the Minister of Construction or the governor of To, Do, Fu or prefecture has granted the licence of a first class architect or that of a second class architect, he shall grant the certificate of a first class architect or the certificate of a second class architect respectively.
3 A person who intends to obtain the licence of first class architect or that of second class architect shall pay the licence fee in accordance with a Cabinet Order within three thousand yen in the case of first class architect, and two thousand yen in the case of second class architect, to the national treasury or to the prefectural government respectively.
4 The first class architects or the second class architects shall report annually by January 15 of the next year his name, address and other matters, to be prescribed by a Ministry of Construction Ordinance, as of December 31 to the Construction Minister through the governor of To, Do, Fu or prefecture where he resides in the case of first class architect, or to the Governor of To, Do, Fu or prefecture who granted him with the licence and to the Governor of To, Do, Fu or prefecture where he resides in the case of second class architect.
(Register)
Article 6. The register for the first class architects shall be prepared in the Ministry of Construction and the register for the second class architects in To, Do, Fu or prefectural office respectively.
(Absolute Reasons for Disqualification)
Article 7. No licence for the first class or second class architect shall be granted to a person falling under any of the following items:
(2) The incompetent or quasi-incompetent;
(3) A person whose licence was cancelled in accordance with the provision of Article 10 paragraph 1, and regarding which two years have not yet passed since the said cancellation.
(Relative Reasons for Disqualification)
Article 8. A person who falls under any of the following items may not be granted with the licence of the first class architect or that of the second class architect:
(1) A person who has been subjected to a penalty of imprisonment or any heavier punishment;
(2) A person who has committed a criminal offence in connection with the construction of buildings, and has been punished with a fine.
(Cancellation of Licence)
Article 9. When a first or second class architect has been proved as a person who had obtained a licence due to false or unjust facts, the Minister of Construction or the governor of To, Do, Fu or prefecture shall cancel the licence respectively. The same procedure shall apply if he falls under the provision of Article 7 item (2), or requests cancellation of his licence.
(Disciplinary Punishment)
Article 10. When a first or second class architect has acted against the good business practice or happens to fall under any of the items of Article 8, the Minister of Construction or the governor of To, Do, Fu or prefecture who granted the licence concerned may give him a warning or by fixing a certain period of time not longer than one year may suspend his business or may cancel the licence.
2 When the Minister of Construction or the governor of To, Do, Fu or prefecture is going to suspend the business or cancel the licence in accordance with the provisions of the preceding paragraph, he shall first hear the explanation of the first or second class architect concerned and if necessary shall hear the opinions of witnesses. However, if the first or second class architect in question does not attend at the hearing without any justifiable reason, the said disposition may be taken against him without a hearing.
3 When the Minister of Construction or the governor of To, Do, Fu or prefecture is going to suspend the business or cancel the licence in accordance with the provisions of paragraph 1, he shall obtain the consent of the Central Architects Council or the Prefectural Architects Council respectively.
(Entrusting to Ministerial Ordinance and To, Do, Fu, or Prefectural Regulations)
Article 11. In addition to those provided for in this Chapter, necessary procedures regarding application for licence of the first or second class architects, revision and deletion of registration, grant, regrant or return of certificate of licence, etc. and reporting of address shall be provided for by the Ministerial Ordinance or the regulations of To, Do, Fu or prefecture.
CHAPTER III Examination
(Contents of Examination)
Article 12. Examination for the first class architects and examination for the second class architects shall be conducted in the knowledge and talent necessary for designing of buildings, and supervising of construction works.
(Execution of Examination)
Article 13. Examination for the first class architects or examination for the second class architects shall be conducted at least once every year by the Minister of Construction or the governor of To, Do, Fu or prefecture respectively.
(Qualification for Taking Examination for the First Class Architects)
Article 14. No person shall be allowed to take examination for the first class architects unless he satisfies any of the following items:
(1) A person who took regular courses of study in architecture or engineering works and graduated from university under the School Education Law (Law No.26 of 1947) or university under the former University Regulation (Imperial Ordinance No.388 of 1916), and having practical experience in architectural works for more than two years;
(2) A person who took regular courses of study in architecture or engineering works and graduated from technical college under the former College Regulations (Imperial Ordinance No.61 of 1903), and having practical experience in architectural works for more than four years;
(3) A person who has practical experience as a second class architect for more than four years;
(4) A person who is recognized by the Minister of Construction as having technical knowledge and talent equal to or superior to that prescribed in each of the preceding items.
(Qualification for Taking Examination for the Second Class Architects)
Article 15. No person shall be allowed to take examination for the second class architects unless he satisfies any of the following items:
(1) A person who took regular courses of study in architecture and graduated from university under the School Education Law, university under the former University Regulations;or a person who took regular courses of study in engineering works and graduated from these schools and having practical experience in architectural works for more than one year;
(2) A person who took regular courses of study in architecture or engineering works and graduated from high school under the School Education Law or middle school under the former Middle School Regulations (Imperial Ordinance No.36 of 1943) and having practical experience in architectural works for more than three years;
(3) A person who is recognized by the governor of To, Do, Fu or prefecture as having technical knowledge and talent equal to or superior to that prescribed in any of the preceding items;
(4) A person who has had practical experience in architectural works for more than seven years.
(Fees for Taking Examination)
Article 16. A person who intends to take examination for the first class architects or examination for the second class architects shall pay the respective fee for taking an examination as provided by Cabinet Order to the national treasury or To, Do, Fu or prefectural government respectively.
(Entrusting to Ministerial Ordinance and To, Do, Fu or Prefectural Regulations)
Article 17. In addition to those provided for in this Chapter, the subjects of examination for the first class architect, procedures for taking examination, and other necessary matters concerning the examination for the first class architects and the standards for the examination for the second class architects shall be provided for by the Ministry of Construction Ordinance.
2 In addition to those provided for in this Chapter, the subjects for examination for the second class architects, the procedure for examination and other necessary matters concerning the examination for the second class architects shall be provided in Regulations of To, Do, Fu or prefecture.
CHAPTER IV Business
(Execution of Business)
Article 18. An architect shall perform his business faithfully and sincerely, and shall endeavor to promote the quality of buildings.
2 An architect, in conducting a designing, shall make it to conform with the standards for buildings provided for in Laws, Ordinances and Regulations.
3 In case an architect, in supervising a construction work, finds that the work is not executed in accordance with the plans and specifications he shall immediately call the attention of the contractor of the work, and if the contractor of the work neglect to obey, he shall report it to the owner of the building.
(Alteration of Design)
Article 19. In case a first or second class architect wants to alter a part of the plans and the specifications prepared by an other first or second class architect, he shall get the approval of the first or second class architect concerned. However, he may alter a part of the plans and specification on his own account, in case there is justifiable cause preventing him to get the approval, or the approval could not be obtained.
(Deeds of Indication Necessary for Business)
Article 20. In case a first or second class architect has conducted a designing, he shall put his signature and seal, together with an indication that he is a first or second class architect, on the plans and the specifications concerned. The same shall be required in case of altering a part of the plans and specifications.
2 When an architect has finished his work of supervision of construction works of building he shall report the result immediately in writing to the owner.
(Other Business)
Article 21. Architects, besides conducting business of designing and supervising construction works, may conduct the business concerning construction contract, guidance and supervision of construction works, investigation or making of assessment concerning buildings, or may act as an agent for conducting the business of procedures based on Law, Ordinances and Regulations concerning buildings.
(Prohibiting of Use of Title)
Article 22. No person other than an architect shall use the title of architect or any title liable to cause a confusion.
2 The second class architect shall not use the title of the first class architect or any title liable to be confused with the title.
CHAPTER V Architect's Office
(Report concerning Architect's Office)
Article 23. When a first or second class architect wants to engage himself in the business of designing or supervising of works for compensation for his service requested by an other person, he shall establish an office (hereinafter referred to as "Architect's Office" ) and report it as first class architect's office or second class architect's office respectively to the governor of To, Do, Fu or prefecture where the office is located. This shall also apply to the case where a juridical person or a person wants to conduct the work of designing or supervising of construction works as his business by employing a first or second class architect.
2 When a person mentioned in the preceding paragraph has removed, suspended or abolished his architect's office, he shall report so to the Governor of To, Do, Fu or prefecture within ten days.
(Management of Architect's Office)
Article 24. The first class architect's office shall be supervised by a first class architect in full service, and a second class architect's office shall be supervised by a second class architect in full service.
(Compensation for Professional Service)
Article 25. The Minister of Construction may, with consent of the Central Architects Council, establish a standard of compensations to be asked for by a proprietor of an architect's office with respect to the business and recommend it.
(Supervision of Architect's Office)
Article 26. The governor of To, Do, Fu or prefecture may order to close an architect's office by fixing a period of not exceeding one year in case the architect's office falls under one of the following items:
(1) In case it has come to lack the requirements stipulated in Article 24;
(2) In case the supervisor of an architect's office has come to fall under one of the items of Article 8;
(3) In case a first class architect or second class architect belonging to an architect's office has come to fall under one of the items of Article 8 by his act done as a business of the architect's office.
2 The provisions of Article 10 paragraphs 2 and 3 shall apply mutatis mutandis to cases where the governor of To, Do, Fu or prefecture executes the disposal referred to in the preceding paragraph, except the case of item (1).
(Entrusting to Ministerial Ordinance)
Article 27. Beside those provided for in this Chapter, procedures necessary for the report concerning establishment, removal, suspension and abolishment of an architect's office shall be provided for by a Ministry of Construction Ordinance.
CHAPTER VI Architects Council and Examination Commission
(Architects Council)
Article 28. The Central Architects Council and the Prefectural Architects Council shall be established in the Ministry of Construction and in To, Do, Fu and prefectures to respectively deliberate on decisions to be rendered with regard to dispositions effected by the Minister of Construction or prefectural governors as prescribed by this Law, and to examine and deliberate on important matters concerning architects in response to inquiries of the Minister of Construction or prefectural governors.
2 The Central Architects Council or Prefectural Architects Council may submit its opinion and suggestion to the administrative agencies concerned in respect to the matters concerned with architects.
(Organization of Architects Council)
Article 29. The Central Architects Council shall be composed of not exceeding 15 members and the To, Do, Fu or prefectural Architects Council shall be composed of not exceeding 10 members.
2 The members shall be appointed or commissioned by the Minister of Construction in the case of the Central Architects Council and by the governor of To, Do, Fu or prefecture in the case of prefectural Architect's Council from among architects.
3 In the selection of the members of the preceding paragraph, when there are unavoidable circumstances, they may be appointed or commissioned from among learned or experienced persons;provided that the number of such members shall not exceed one half of the total number of members.
(Term of Service of Council Members)
Article 30. The term of service of the members shall be three years. However, the term of the member having filled a vacancy shall be the remaining term of his predecessor.
2 The members of the preceding paragraph may be reappointed.
(President)
Article 31. The Central Architects Council and the Prefectural Architects Council shall have its own president respectively who is to be mutually elected from among the members of the Council.
2 The President shall preside over the affairs of the Council.
3 When the President is prevented from his function, one of the members previously elected from among the members of the Council shall act in his place.
(Examination Commission)
Article 32. In order to look after the affairs concerning the examination for first class architects or the examination for second class architects, the Examination Commission of first class architects in the Ministry of Construction and the Examination Commission of second class architects in To, Do, Fu or prefecture shall be established respectively.
2 The examination commissioners for first class architects shall be appointed or commissioned by the Minister of Construction, and the examination commissioners for second class architects shall be appointed or commissioned by the governor of To, Do, Fu or prefecture, from among architects.
3 In the selection of the examination commissioners of the preceding paragraph, when there are unavoidable circumstances, they may be appointed or commissioned from among learned or experienced persons;provided that the number of such commissioners shall not exceed one half of the total number of commissioners.
(Prohibition of Act of Misdemeanour)
Article 33. The members of the Examination Commission for first class architects, the members of the Examination Commission for second class architects and other persons concerned with the examination for first class architects or the examination for second class architects shall, in execution of their duty, be fair and cautious of any act of misdemeanour.
(Entrusting to Cabinet Order)
Article 34. Besides the provisions provided in this Chapter, the necessary matters regarding the Central Architects Council, To, Do, Fu or prefectural Architects Council, the Examination Commission for first class architects and the Examination Commission for second class architects shall be provided for by a Cabinet Order.
CHAPTER VII Penal Provisions
Article 35. A person who falls under any of the following items shall be sentenced to a penalty of imprisonment not to exceed one year or a fine not exceeding fifty thousand yen (\50,000):
(1) A person without the license of a first class architect or a second class architect, who has used the title of first class architect or second class architect with the view of performing the business;
(2) A person who has obtained a license for first class architect or second class architect on the basis of false or unjust facts;
(3) A person who has violated the order for suspension of business under the provisions of Article 10 paragraph 1;
(4) A person who has established an architect's office in violation of the provisions of Article 24;
(5) A person who has violated the order given by the governor of To, Do, Fu or prefecture under the provision of Article 26 paragraph 1.
Article 36. A person who falls under one of the following items shall be subjected to penal fine not exceeding thirty thousand yen (\30,000):
(1) A person who has violated the provisions of Article 22;
(2) A person who in violation of Article 33 has disclosed the questions of examination prior to its execution or has given uncorrect making to the answers.
Article 37. A person who has violated the provisions of Article 23 shall be subject to a non penal fine of not exceeding five thousand yen (\5,000).
Supplementary Provisions:
1. This Law shall come into force as from July 1, 1950. However, the provisions of Article 22 and of Chapter V shall come into force as from July 1, 1951.
2. A person who falls under any of the following items as of March 31, 1951 and is recognized as having due and sufficient knowledge and talent to be a first class architect upon selection by the Minister of Construction may be granted the license of first class architect without going through the examination mentioned in Article 4 paragraph 1:
(1) A person who has taken the regular course in architecture or engineering works in a university under the former University Regulations and after graduated therefrom has had practical experience concerning architectural works for more than three (3) years;
(2) A person who has taken the regular courses in architecture or engineering works in a technical college under the former College Regulations and after graduated therefrom has had practical experience concerning architectural works for more than six (6) years;
(3) A person who has taken the regular courses in architecture or engineering works in middle school under the former Middle School Regulations, and after graduated therefrom has had practical experience concerning architectural works for more than ten (10) years;
(4) A person who has taken the courses in architecture or engineering works in a school similar to or higher than the schools mentioned in the preceding items and after graduated therefrom has had practical experience concerning architectural works for more than the number of years mentioned in each of the preceding items respectively;
(5) A person who has had practical experience concerning architectural works for more than fifteen years.
3. A person who falls under any of the following items as of March 31, 1951, and is recognized as having due and sufficient knowledge and talent to be a second class architect upon selection by the To. Do, Fu or prefectural governor may be granted the license of second class architect without going through the examination mentioned in Article 4 paragraph 2:
(1) A person who has taken the regular courses in architecture or engineering works in a university under the former University Regulations and after graduated therefrom has had practical experience concerning architectural works for more than one (1) year;
(2) A person who has taken the regular courses in architecture or engineering works in a technical college under the former College Regulations and after graduated therefrom has had practical experience concerning architectural works for more than two (2) years;
(3) A person who has taken the regular courses in architecture or engineering works in a middle school under the former Middle School Regulations and after graduated therefrom has had practical experience concerning architectural works for more than five (5) years;
(4) A person who has taken the courses in architecture and engineering works in a school similar to or higher than the schools mentioned in the preceding items and after graduated therefrom has had a practical experience concerning architectural works for more than the number of years mentioned in each of the preceding items respectively;
(5) A person who has had practical experience concerning architectural works for more than ten (10) years.
4. A person who wants to undergo the selection of the Minister of Construction or the governor of To, Do, Fu or prefecture under the provisions of the preceding two paragraphs shall file the respective application together with the documents on his past business records as prescribed by the Minister of Construction to the Minister of Construction or the governor of To, Do, Fu or prefecture by April 30, 1951.
5. In order to take charge of the affairs of selection mentioned in paragraph 2 or 3, the First Class Architects Selection Commission shall be established in the Ministry of Construction and the Second Class Architects Selection Commission shall be established in To, Do, Fu or prefecture respectively.
6. The selection commissioners of the first class architects shall be appointed or commissioned by the Minister of Construction and the selection commissioners of the second class architects shall be appointed or commissioned by the governor of To, Do, Fu or prefecture from among the personnel of authorities concerned and learned and experienced persons.
7. The First Class Architects or the Second Class Architects Selection Commission, in making the selection mentioned in paragraph 2 or 3, may hold an examination in case it deems it necessary.
8. The provisions of Article 33 and Article 36, item 2 shall be applied mutatis mutandis to the First Class Architects Selection Commission, Second Class Architects Selection Commission and other persons who administer the affairs of selection or examination for first class or second class architects.
9. A person who wants to undergo the selection mentioned in paragraph 2 or paragraph 3 shall pay the respective Selection Fees to the national treasury or To, Do, Fu or prefectural government respectively.
10. Necessary matters concerning the First Class Architects Selection Commission and Second Class Architects Selection Commission shall be provided for by the Cabinet Order.
11. The standard for the selection mentioned in paragraph 2 or 3 and the standard for the examination mentioned in paragraph 7 shall be publicly notified by the Minister of Construction.
12. No examination for first and second class architects shall be held in 1950, notwithstanding the provisions of Article 13.
13. In the case where the members of the Central Architects Council and of the prefectural Architects Council are to be appointed or commissioned for the first time and there are no persons who have obtained the licence of architect, they may be appointed or commissioned from among the personnel of authorities concerned and learned and experienced persons regardless of the provision of Article 29 paragraph 2.
14. The Ministry of Construction Establishment Law (Law No.113 of 1948) shall be partially amended as follows:
In Article 10, the following two (2) paragraphs shall be added next to the paragraph of Land Survey Council in the table:
Central Architects Council |
To make investigation and deliberation, in response to the inquiries of the Minister of Construction, upon major matters concerning first and second class architects, to make recommendations about such matters to administrative organs concerned, and to exercise other powers vested in virtue of the Architects Law (Law No.202 of 1950) |
Examination Commission for First Class Architects |
To administer affairs concerning the examination for First Class Architects |