Routes to Registration

2. Prescribed Qualifications

2 (ii) Prescribed Qualifications – European Economic Area Courses

The Architects Act 1997: Section 4 (2A) states-

"a Directive –rights national shall be treated as having a standard of competence equivalent to that demonstrated by satisfying subsection (1)(a)  if-

1. he produces evidence of a description specified in section 4A(1) and he is either-
   1. lawfully established as an architect in the relevant European State in which that evidence was issued, or
   2. eligible to practice as an architect in that State, as confirmed by a competent authority in that State;
2. he produces to the Registrar a certificate, awarded by a relevant European state other than the United Kingdom, that attests that Article 48(2) of the Directive (authorisation to use the title architect by reason of being especially distinguished by quality of work in the field of architecture) applies to him; or
3. he is a person-
   1. whose case falls within regulations 3(9)(a), (b), or (c) or (e) of the European Communities (Recognition of Professional Qualifications) Regulations 2007,
   2. to whom regulations 20 to 26 of those Regulations apply by reason of operation of regulation 3(4) of those Regulations, and
   3. who is permitted to pursue the profession of architect in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully passed any aptitude test that he may be required to undertake pursuant to that part of those Regulations.

The Professional Qualifications Directive 2005/36/EC

The Directive provides the basis for mutual recognition of architectural qualifications within the Member State of the European Union (EU). Its purpose is to assist with the establishment of architects and the provision of architectural services throughout the Community by removing artificial national barriers to professional recognition. 

Under the provisions of the Professional Qualifications Directive 2005/36 (“the Directive”) architectural qualification will generally be accepted in the United Kingdom provided that a person who:

• is a national of an EEA country, or a ‘Directive Rights National’ (DRN) [someone with an enforceable Community right (such as a spouse of an EEA national)

  [By means of example only, an EEA national who is exercising his/her Treaty rights to move is entitled to bring their spouse to the country they are moving to as well, and the spouse acquires rights to practice their profession in the new country also. The spouse would have to demonstrate the Community right on which they were relying. So, they might provide copies of both parties’ passports or national identity cards, together with a copy of the marriage certificate and a letter from the EEA national, confirming that he or she is moving from another EEA state to the UK and that their spouse is joining him or her.

• holds a qualification (together with any relevant secondary certificates) which is specifically listed in the Directive and,
• are eligible to practice, or are lawfully established, as an architect in their home state

Provided that these conditions are met, generally a person will be eligible to be included in “Part 1” of the Register of Architects (the main Register.)

Recognition is not however automatic, but is subject to formal application, submission of the required supporting documentation and payment of the relevant fees in each Member State.  In most States, recognition is conferred by means of statutory registration.

The terms of the Directive apply only to individuals. There is no provision in the Directive for the mutual recognition of architectural firms. ARB’s statutory Register of Architects Relates to individuals only.  

Application

If you would like a set of application papers, please contact the ARB (info@arb.org.uk). Alternatively, application details and forms are also available to download at the Board’s website.

Appeals Process:

The Architects Act 1997 (as amended by The Professional Qualifications Directive) states:
“A person may appeal to the High Court or, in Scotland, to the Court of Session if he is aggrieved by -

1. refusal of his application for registration in Part 1 of the Register; or
2. the failure of the Registrar to comply with section 6(4)
3. his name not being re-entered in, or his name being removed from Part 1 of the Register by virtue of    section 9;
4. The Board’s ordering under section 10 that the Registrar remove his name from Part 1 of the Register; or
5. The making of disciplinary order in relation to him.

2. Subject to subsection (3), an appeal under subsection 1 (a), (c), (d), or (e) must be made not later than three months after the date on which notice of the decision or order concerned is served on the person.
3. Where an appeal under subsection (1)(a) is made by a person who relied on subsection (2A) of section 4 in applying for registration in pursuance of that section, the appeal must be made not later than four months after the date on which notice of the refusal is served on the person.
4. The time limits for making an appeal under subsection (1)(b) are-
   1. (a) Where the appeal is made by a person who relied on subsection (2A) of section 4 in applying for registration in pursuance of that section, within seven months, and
   2. (b) where the appeal is made by a person who, in applying for registration in pursuance of that section, relied on subsection (1)(a) of that section without also relying on subsection (2A) of that section, within six months, beginning with the date on which the person’s application for registration is made.
5. An appeal under subsection (1)(b) to which subsection (4) does not apply must be made within nine months beginning with the date on which the person’s application for registration is made.
6. If a person claims to be entitled to be registered in Part 2 of the Register, but the person’s name is not entered in that Part, the person may appeal to a country court or, in Scotland, to the sheriff.
7. On an appeal under this section the court concerned may make any order which appears appropriate, and no appeal shall lie from any decision of a court on such an appeal.”