Deceptive practices in planning applications, many from overseas, have been part of the problem in slowing the flow of approvals for much needed construction work, according to the Institute of Bermuda Architects.

In addition, a surprising number of substandard applications are being submitted by amateurs, without the benefit of input from architectural professionals.

These are two of the issues laid out by the Institute as reasons to update ageing legislation and take more regulatory control of their profession.

Attempts to redraft the 1960s laws have been under way for 13 years. Industry interest in doing so stretches back into the last century.

The failure of decades-old attempts to modernise laws and regulation relating to architects is partially rooted in unjustified fears, at least one practitioner believes.

Architects say the 2019 government introduction of an online portal, opened the door to overseas planning applications and hence a backlog. Some overseas applicants even attempt to shield their identities from public view.

The Government has not responded to questions from The Royal Gazette over concerns raised by those in the Institute of Bermuda Architects earlier this month. They believe many industry ills could be addressed through the updating of legislation.

The profession falls under the 1969 Architects Registration Act, legislation that architects have tried to get repealed since the last century in favour of modern legislation.

Some believe that with artificial intelligence, the problems could become worse without more robust supervision.

Krystal Rodrigues, of the Institute of Bermuda Architects, said: “AI is not just on the cusp. It's already here. If planning already has a backlog, what do we think is going to happen once people start using AI to generate plans, not knowing what they don't know?

“Most applications are not even submitted by registered professionals. There is no requirement to do so.

“But this is really a problem when you are talking about selling services. If you are for hire, you need to be registered, you need to be licensed and you need to operate within the limits of your practice. And right now that’s not the case.

“The lack of regulation in the architectural industry has created confusion about who is qualified to do this work. This often results in underqualified individuals submitting substandard drawings, which slows the process and increases pressure on the department.

“In some cases, planning is effectively being used as a training ground by students who have very limited knowledge and no professional guidance.

“The proposed Architectural Professions Act would help by clearly defining professional qualifications and protecting the public – while also easing the burden on the department.”

There are about 30 names on a Bermuda register of architects that has not been updated in five years. There is no provision there for other highly experienced professionals, such as architectural technologists.

Ms Rodrigues, who is a partner/architect at Botelho Wood Architects, has been among those at the forefront of these issues for ten years, since moving back to the island.

Since December, her group has met the two latest Cabinet Office ministers, Crystal Caesar and Diallo Rabain, who is also an architectural technologist. The group has also met the Permanent Secretary for the Ministry of the Cabinet Office and Digital Innovation, and the Director of Planning.

There is no registration for architectural technologists or architectural technicians, so exactly how many there are in Bermuda seems unknown.

Meanwhile, Ms Rodrigues is no longer surprised to see applications on the planning portal with an unfamiliar name – or no name at all.

She said: “Sometimes, it's obvious that plans have been prepared by someone that's actively trying to hide who they are. Planning would be able to see but not the public. Some applicants are fronting for other people.

“I have also seen applications submitted by students who do not have oversight. It’s clear sometimes they know nothing about the business. No professional standards but no regulations stops them from submitting.

“I've also seen overseas firms posting on their website that they've prepared architectural drawings for new Bermuda construction projects.

“Some applicants are suspicious, again, possibly fronting for someone else.”

Ms Rodrigues said some bona fide professionals in the industry were fearful of what a new Act could mean for them.

But with updates through to 2016, proponents have sought to make new rules inclusive, including providing a path for those who cannot afford to travel overseas to study for a degree, and to provide for professionals at all levels.

But she also said: “We agree with the Government that landowners trying to make minor improvements to their property should be able to do so without any extraordinary expense or administration.”