Society of Construction Law (Gulf), Doha, Qatar 23 June 2014

Practising the engineering profession in Qatar

– a regulatory review for the members of the
Society of Construction Law (Gulf)

Ramiz Shlah
Associate - Clyde & Co, Doha
 Introduction
Purpose of presentation

 Legal and regulatory regime applicable to the provision of engineering,

architectural and related services in Qatar;
 Practices of the Engineering Committee and the Ministry of Economy and
Commerce in respect of the provision of engineering
engineering, architectural and
related services; and
 Recent amendment to the Engineering Law No. 19 of 2005 and the
relevance of the Foreign Investment Law No. 13 of 2000 in relation to the
registration of engineering, architectural or related consultancy providers.

1
 Legislative Background

 Engineering Law No. 19 of 2005 (the Engineering Law);

 UPDA Decision No
No. 1 of 2006 Issuing the Executive Regulations to
Engineering Law (the Executive Regulations);
 Law No. 2 of 2014 Amending the Engineering Law (the Engineering
Amendment);
 Foreign Investment Law No. 13 of 2000 as amended (the Foreign
Investment Law); and
 Civil Law No. 22 of 2004 (the Civil Law)

2
 What and who is Regulated

Article 1 of the Engineering Law provides:

 The “Engineering
Engineering Professions”:
Professions : The engineering activities practiced by
those qualified in the divisions and branches of the specializations of
architectural, civil, electrical, mechanical, and chemical engineering, mines
and mining and the various other fields of engineering
engineering.
 The “Engineering Consultancies": The works of preparing architectural and
constructional drawings, diagrams, designs, surveying, and diagramming;
supervising
i i over performance;
f giving
i i advice;
d i conducting
d ti feasibility
f ibilit studies;
t di
estimating costs and computing quantities and managing projects in the
various engineering professions.

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 What and who is Regulated
The Executive Regulations also define the following disciplines of
engineering and architecture

1. Civil Engineering 2. Architectural engineering

a) Construction engineering a) Building
b) Road and traffic engineering b) Architecture
c) Water, irrigation and sewage drainage c) City Planning
engineering d) Construction design
d) Soil and geotechnical engineering
e)) Airports
Ai t and d ports
t engineering
i i 3.
3 Mechanical
M h i l Engineering
E i i
f) Public works engineering a) Mechanical power engineering
g) Health and environment engineering b) Air-conditioning, heating, ventilation,
h) Space engineering g
and refrigeration engineering
g g
c) Fluid mechanics engineering.

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 What and who is Regulated
4. Electronic and electrical engineering 6. Quantity Surveying and Cost Engineering
a) Electric engineering; a) Quantity surveying
b) Electronic and computer engineering; b) Estimate of costs
c)) Mechanical
M h i l controlt l and
d electrical
l t i l power
engineering; 7. Project Management
d) Electrical networks and distribution a) Project management in all fields of
engineering; p
specialization and engineering
g g works.

5. Chemical Engineering and Petrol and Gas 8. Industrial Engineering

Engineering
a) Systems Engineering
a) Chemical engineering
b) Petrol and gas engineering
9. Security and safety engineering
c) Petrochemical engineering
a) Communication engineering
d) Geological engineering
e) Metal engineering
f) Mining and Metallurgical engineering
g) Materials engineering
g g

5
 Who is/are the Regulators?

 Ministry of Municipality and Urban Planning

 Urban Planning and Development Authority
 PEC
 Ministry of Economy and Commerce

6
 What is the PEC
Article 2 of the Engineering Law establishes "The Committee for the
Enrolment and Categorisation of Engineers and Engineering Consultancy
Offices" (the PEC) and Article 3 defines its competency as follows:

 Article 3: "The committee assumes the approval and registration of

engineers and engineering consulting firms
firms. To define the engineering
profession according to its technical specialty. To classify into categories,
the engineers and engineering consulting firms, locally and internationally,
for each specialty. And to determine the engineering size and function for
each category to be practiced."

7
 The PEC (past and present)
The PEC has been reorganised as a result of the Engineering Amendment:
Old PEC Structure (10 Members) New PEC Structure (11 Members)

1. Chairman – UPDA 1. Chairman – MMUP

2. Member – UPDA 2. Vice Chairman – MMUP
3. Member – MOI
3. Member – MoEI 4. Member – MoEI
4. Member – MMUP
5. Member – Ministry of Information and
Communication Technology
5. Member – Kahrama 6. Member – Kahrama
6. Member – QP 7. Member – QP
7. Member – PWA 8. Member – PWA
8. Member – Qtel
9 Member – Qatar University
9.
9. Member – Engineer from consulting firm 10. Member – Engineer from consulting firm

10. Member – Engineer from consulting firm 11. Member – Engineer from consulting firm

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 Registration Requirements

Registration Requirements

 International Engineering Office

 Local Engineering Office
 Individual Engineers/ Architects

What about international branches performing government contracts?

9
 Restriction on ownership

 Engineering Law: Old Article 18:

Owners, partners,
"Owners partners and employed engineers of engineering consulting
firms are forbidden from the employment in any Ministry or other
Government institutions, or public authorities and corporation."
 Engineering Amendment: New Article 18:
“The owners of engineering consultancy offices, the partners thereof,
and the engineers working therein are prohibited from working in any of
the ministries, other governmental entities, or public authorities and
institutions.
Qatari faculty members,
members who are holding Ph Ph.D.
D and teaching
engineering at a university, shall be excluded from such prohibition."

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 Exemption from Engineering Law
 Engineering Law: Old Article 35(1):
"Engineers hired by the government for the public interest, on
temporary basis,
basis to perform engineering work with special technical
skills. That is by special agreement determines the nature and the
required time to conclude the job. The Board of Directors issues a
decision for such cases providing that the period they are exempt from
the provisions of this law does not exceed the agreed period."
 Engineering Amendment: New Article 35(1):
“Engineers and engineering consultancy offices to whom the State
temporarily entrusts engineering works of special technical nature
required by the public interest under a special agreement specifying the
nature of work and time required to perform it, shall be exempted by a
decision issued by the Minister, provided that the period for exempting
them from the application of the provisions of this Law shall not exceed
th period
the i d ffor performing
f i ththe work
k agreedd upon.””

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