Architects call for revamp of outdated laws
Architects have called for long-overdue legislation to replace outdated 56-year old laws to bring fairness, clarity and modern regulation to Bermuda.
The Institute of Bermuda Architects and members of the former Architectural Association of Bermuda have jointly committed to seeing the 1969 Architects Registration Act repealed and replaced with the 2016 Draft Architectural Professions Act.
The group of professionals say the Act is outdated, exclusionary and unconstitutional.
The institute said in a prepared statement that the proposed Act would see registration categories expanded to include architectural technologists and technicians, and, for the first time, recognise an experience-based path for entry into the architectural profession.
The measure would also strengthen consumer protections by mandating professional indemnity insurance and implementing a clear, accessible process for public complaints.
Also proposed is the formation of an Architectural Registration Board, a balanced, representative body tasked with overseeing applications, ensuring compliance and upholding professional standards across all levels of the profession.
The group said that these changes would bring peace of mind to the public, knowing that those offering architectural services are qualified, insured and held accountable under a unified and enforceable code of conduct.
Krystal Rodrigues, of the Institute of Bermuda Architects, speaking on behalf of the joint working group, said: “The 1969 Act, which has been deemed partially unconstitutional, is so disconnected from the realities of the profession it doesn’t even provide a framework that can be amended to meet current needs.
“We need new legislation to provide comprehensive, fair and inclusive regulation of the entire architectural industry.
“The Draft Act will offer enhanced choice and protection to the public and provide aspiring Bermudian architects with clear guidance while offering incentive for them to establish their careers at home.”
Michael Emery, an associate member of the IBA and former AAB member, added: “In an era where the financial risks and complexity of building projects have never been higher, the protection offered by qualified, locally licensed professionals is critical.
“These professionals understand Bermuda’s unique planning codes, environmental challenges and construction practices.
“The new legislation ensures that the work carried out on-island reflects both international best practice and local expertise.”
The statement said that with advancing technologies and an increase in overseas practitioners entering the Bermuda market, many unfamiliar with local codes or conditions, it has become harder for clients to know who is truly qualified.
The lack of regulation in this area has created a grey market, allowing underqualified individuals to practise with little oversight.
This potentially places the public at risk, undermines local talent and creates confusion around professional accountability.
Critically, the proposed Act will not disenfranchise anyone who is already practising, but supports future growth by creating a clearer path for Bermudian students interested in architecture or related fields.
By outlining a fair and transparent registration framework, the Act will help to cultivate a new generation of architectural professionals and preserve opportunities for Bermudians in a globally competitive market.
Ms Rodrigues added: “This is not just a professional issue. It’s an issue that potentially affects anyone building or renovating a property. The Architectural Professions Act protects consumers, empowers local talent and modernises a system that is long past due for reform.
“The 1969 Act is unfair and exclusionary, and every year it remains in place is a missed opportunity to create a fairer, safer and more forward-thinking Bermuda.”
The Working Group urges policymakers and the public to support the implementation of the Architectural Professions Act as a vital step towards ensuring the long-term safety, sustainability and integrity of Bermuda’s built environment.
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