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Building Control Act 2007

Technical Assessment Board procedure (Part ).

22.— (1) The following person may apply to the Technical Assessment Board for a decision that he or she is eligible to be registered in the register pursuant to this section, namely, a person who has been performing duties commensurate with those of an architect for a period of 10 or more years in the State (but no period of such performance that occurs on or after the commencement of this section shall be reckoned for the purposes of this subsection).

(2) A person who makes an application under this section shall submit the following to the Technical Assessment Board:

(a) a curriculum vitae providing details of the work carried out by the applicant in the field of architecture during the period referred to in subsection (1);

(b) information on projects for each year of that period for which the applicant was responsible, declarations as to the authorship of the projects and all documentation necessary to support the information;

(c) a file containing at least 4 projects, including graphic material, for which the applicant was responsible, being projects that the applicant considers are the most suitable for the purposes of the consideration of his or her application;

(d) such independent verification, as the Technical Assessment Board may reasonably require, of the documentation submitted under this subsection.

(3) The Technical Assessment Board may request additional information to be submitted by the applicant within a specified period and may require the applicant to appear for an interview if it considers it necessary; such an interview shall be in addition to the interview conducted by the members of the panel referred to in section 21 (5) (which latter interview is subsequently referred to in this section as the “panel interview”).

(4) Where an interview under this section is required, at least 4 members of the Technical Assessment Board shall be present for the interview.

(5) The panel interview and any interview under this section shall each be recorded in writing or in such other form as the members of the panel concerned or the Technical Assessment Board, as appropriate, may decide, and additional information may, subsequent to the interview, be required to be submitted by the applicant to those who conducted the interview.

(6) An applicant may be accompanied at the panel interview and any interview under this section by a professional advisor, including a lawyer, but any expense incurred by the applicant in being so accompanied shall be borne by the applicant.

(7) The Technical Assessment Board shall use the following criteria in assessing an application under this section:

(a) whether or not for the period referred to in subsection (1), the applicant had been performing duties commensurate with those of an architect;

(b) whether or not the work submitted was equivalent to the work of an architect, having regard to its scale, complexity and quality;

(c) whether or not the applicant can demonstrate that he or she has acquired the competencies specified in Article 46 of the Directive;

(d) whether or not the work submitted had been realised by the applicant, and, if the applicant was not totally responsible, what level of responsibility by the applicant for the work could be established,

and, in addition, shall have regard to the opinion of the architects referred to in section 21 (5) as to whether the applicant is eligible for registration pursuant to this section (but that opinion shall not be binding on the Board).

(8) Where the Technical Assessment Board decides—

(a) that the applicant is eligible for registration in the register pursuant to this section, the chairperson shall advise the Admissions Board which shall take the necessary steps to register the applicant on payment of any applicable registration fee, or

(b) that the applicant is not eligible for registration in the register pursuant to this section, the chairperson shall immediately send a notice in writing to the applicant, by prepaid registered post to the address of the applicant as furnished in his or her application, advising the applicant of the decision, the date on which it was made and the reasons for it.