Section 25: Foreign architect practising architecture under joint venture agreement

25. Foreign architect practising architecture under joint venture agreement (1) A foreign architect may be authorised to practise architecture, pursuant to section 24 (b), where— (a) he satisfies the requirements referred to in section 19 (1) (a) (ii) to (vi), (b) and (c); P39A – 13 [Issue 3] Professional Architects’ Council Act (b) he provides architectural services in relation to not more than one project; (c) he enters, in relation to that project, into a joint venture agreement with a professional architect or a firm of architects; (d) the fee payable to the professional architect or firm of architects is not less than 51 per cent of the total fee to be paid for the provision of the architectural services; (e) the joint venture agreement is approved by the Council; and (f) he pays a fee of 0.05 per cent of the value of the project to the Council. (2) Where a foreign architect wishes to be authorised to practise architecture under this section, he or his joint venture partner shall make a written application for authorisation to the Registrar, in such form and manner as the Council may determine. (3) An application made under subsection (2) shall be accompanied by— (a) the name, address and qualification of the foreign architect; (b) documentary evidence that the foreign architect is authorised by the competent authority in his country to practise architecture; (c) a copy of the scope of works of the project and its estimates of costs; (d) a copy of the joint venture agreement; (e) such additional document or information as the Registrar may require; and (f) such processing fee as may be prescribed. (4) On receipt of an application made under subsection (2), the Registrar shall refer the application to the Council for its determination. (5) The Council shall consider the application within 30 days from the time the application has been referred to it by the Registrar. (6) Where the applicant complies with the requirements specified in subsections (1) and (3), the Council may grant the application. (7) (a) The Council shall, within 14 days of granting or rejecting an application, notify the applicant of its decision. (b) Where the applicant is notified that his application has been granted, he shall, within 21 days of the notification— (i) submit, in 3 originals, the joint venture agreement duly drawn up by a law practitioner; and (ii) pay a fee of 0.05 per cent of the value of the project to the Council. [Issue 3] P39A – 14 Revised Laws of Mauritius (c) Where the applicant complies with paragraph (b), the Council shall authorise the foreign architect to practise architecture in relation to the project referred to in the application under subsection (2), subject to such terms and conditions as it may determine. (d) Where the applicant fails to comply with paragraph (b), the grant of the application shall lapse.