Directive 2005/36/EC – The “Qualifications” Directive

Directive 2005/36/EC – The “Qualifications” Directive (10/09/2007)

Directive 2005/36/EC was adopted in September 2005, and is due to be implemented into UK legislation by 20 October 2007. The Directive will apply to a number of sectors including, for example, doctors, dentists and vets, as well as architects. It will replace the separate Directives that currently exist for the different professions.

The basic premise of the Directive is that it will simplify the process for professionals wishing to work in another Member State.

Under the new Directive, regulated professionals can provide their services on a “temporary and occasional” basis in Member States other than their own. For architects, this will mean that a new Part 2 of the UK Register of Architects will be created, which will list the names of architects from other Member States who are working as a visiting architect. It will also denote that they are not permanently established in this country. ARB cannot make a charge for entry to Part 2 of the Register.

In addition to being listed in Part 2 of the Register, visiting architects will be required to submit a written declaration to ARB if they intend to provide their services on a temporary or occasional basis. This declaration is renewable for each year that the architect wishes to continue working on this basis.

Part 1 of the Register denotes full registration, rather than those who are visiting architects. Those coming to the UK from another Member State will, of course, still be able to register on Part 1 of the Register and may choose to do so even if they intend to provide their services temporarily. The criteria for the registration on Part 1 of the Register for those holding recognised EU Qualifications will be amended in line with the Directive.

The Department for Communities and Local Government (DCLG) is now consulting on the changes that will be required to the 1997 Architects Act as a result of this Directive. If you would like to take part and make your views known, please go to:

http://www.communities.gov.uk/publications/planningandbuilding/europeandirective200536ec

We would also be interested to hear your views, which you can send to info@arb.org.uk. Please mark the subject box “Qualifications Directive”.

The closing date for responses to the consultation is 5 October 2007.