sor1122, 339 Pa Law No. 77-2 of 3 January 1977 on Architecture Légitrance REPUBLIQUE | dgijfrance FRANCAISE wd, Liberté Egalité Prater Loi n® 77-2 du 3 janvier 1977 sur architecture © toxendrectie do oft Ao, 208 Version in force on 01 October 2022 Article 1 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 Architecture is an expression of culture. Architectural creation, the quality ofthe constructions, their harmonious integration into the surrounding environment, respect for natural or urban landscapes as well as heritage are of public interest, The authorities empowered to issue the building permit and the subdivision permits shall ensure, during the examination of applications, that this interest is respected. Accordingly 1" The contracting authorities are required to call on the assistance of architects under the conditions and limits indicated in Title 1 below; 2° Councils of architecture, urban planning and the environment are established. They shall be responsible for assisting and informing, the publicin accordance with Titel, 3° The practice ofthe profession of architect and its organization are subject to the rules appearing in Titles Il and IV; ‘4° The provisions of the Urban Planning Code relating to architecture are reformed in accordance with Title V. Article 2 ‘Amended by Ordinance No. 2005-1044 of 26 August 2005 - art. 2() JORF 27 August 2005 ‘Architects shall be considered as architects for the purposes of this Law the natural persons listed in Articles 10 and 11, the companies defined in Article 12, as wel as natural persons entitled to hold the ttie of approved in architecture or that of holder of 2 receipt pursuant to Article 37 and registered in a regional list of architects or in the annex thereto. The intervention of architects (Articles 3 to 5-1) Article 3 ‘Amended by LAW No, 2012-387 of 22 March 2012- art. 107 Anyone wishing to undertake work subject to a building permit must call on an architect to draw up the architectural project that is the subject of the application for a building permit, without prejudice to the use of other persons involved, either individually or as a ‘team, in the design. This obligation does not preclude the use of an architect for more extensive missions. ‘The architectural project mentioned above defines by plans and written documents the location of the buildings, their composition, ‘their organization and the expression of thelr volume as well as the choice of materials and colors. Even ifthe architect does not manage the work, the contracting authority must enable him, under the conditions set by the contract, to ensure that the execution documents and the works in progress comply with the provisions of the architectural project drawn up by him. If these provisions are not complied with, the architect shall notify the contracting authority. Without prejudice to the application of Article 4 of Law No. 85-704 of 12 July 1985 on public project management and its relationship with private project management, when the contracting authority cals on other service providers to participate alongside the architect in the design of the project, it may entrust the architect with the tasks of coordinating all the services and representing the service providers. The contract provides in return for the remuneration of the architect for these missions as well as the distribution of services and the responsibility of each of the service providers, Article 4 ‘Amended by LAW No, 2018-1021 of 23 November 2018 -art. 63 By way of derogation rom Article 3 above, natural persons or agricultural holdings and cooperatives forthe use of agricultural equipment whe declare that they want to build or modify, for themselves, a small building whose characteristics, andin particular the maximum floor area, are determined by decree in the Council of Sate, ae not required to use an architect. These characteristics can be different depending on the destination ofthe constructions. For buildings built or modified by natural persons, withthe exception of bulldings for agricultural use, the maximum floor area determined by this decree may not exceed 150 square meters. htpsswwogtrance.goullodail JORFTEXTO00000522423/ usor1122, 339 Pa Law No. 77-2 of 3 January 1977 on Architecture Légitrance The use of the architect is also not mandatory for works subject to the building permit or authorization, which concern exclusively the development and equipment ofthe interior spaces of buildings and commercial showcases or which are limited to repetitions that do not entail visible changes from the outside. Article § ‘Amended by LAW 81.1153 1981-12-29 ART. 1 JORF 30 DECEMBER 1981 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 Typical construction models and their variants, industrialized or not, capable of repeated use must, before any marketing, be established by an architect under the conditions laid down in Article 3 above, regardless of the contracting authority who uses them. Article 5-1 ‘Amended by Ordinance No. 2018-1074 of 26 November 2018 - art. 18 (V) Public and private project owners shall promote, for the award of project management contracts for the construction of a building ‘work, the organisation of architectural competitions, a competitive tendering procedure which contributes to the creation, quality and architectural innovation and the harmonious integration of buildings into their surrounding environment, ‘The architectural competition may include a dialogue phase between the selection board and the candidates to verify the adequacy of the projects presented to the needs of the contracting authority. Advice on architecture, urban planning and the environment. (Articles 6 to 8) Article 6 ‘Amended by Ordinance No. 2016-1562 of 21 November 2016 -art. 20 Itis created, n each department, or, in Corsica, in the collectivity of Corsica, a body of “council of architecture, urbanism and the environment’, in the form of an association whose standard statutes are approved by decree in the Council of State; these statutes define the conditions under which representatives of the State, local authorities the professions concerned and qualified persons chosen in particular because ofthe activities within local associations are called upon to collaborate The president of the Council of Architecture, Urban Planning and the Environment will necessarily be elected from among the representatives of local authorities, whose umber will be at least equal to that of the representatives of the State ‘The Council for Architecture, Town Planning and the Environment shall pursue, at local level, the objectives defined at national level with a view to promoting the quality of architecture and its environment under the conditions laid down in Article 7 below. Article 7 ‘Amended by LAW No, 2016-1087 of 8 August 2016- art. 173 ‘The mission of the Council of Architecture, Urban Planning and the Environment is to develop information, sensitivity and the spirit of public participation in the field of architecture, urban planning, environment and landscape. It contributes, directly or indirectly, to the training and development of elected officials, project owners, professionals and agents of administrations and communities involved in the field of construction, ‘The Council of Architecture, Urban Planning and the Environment has the right of approval mentioned in Article L. 1221-1 of the General Code of Local Authorities. It provides people who wish to build with information, guidance and advice to grasp the landscape issues of the urban and rural sites concerned and to ensure the architectural quality ofthe buildings, without however being responsible for project management (1). Itis available to local authorities and public administrations who can consult ton any landscape, urban planning, architecture or environmental project. The Couneil for Architecture, Town Planning and the Environment may delegate its tasks to the architectural assistance services operating exclusively within the framework of the regional natural parks. ‘The interventions of the council of architecture, urbanism and environment are fre. Nota: (2) instead of “build the information” read: "build or renovate a building or develop a plot, the information” the rest without change. Article 8 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 ‘The Finance Act determines the method ofinancing the expenses of the architectural, urban planning and environmental councils The practice of the profession of architect. (Articles 9 to 20) Article 9 Amended by Ordinance No. 2005-1044 of 26 August 2005 - art. 2 () JORF 27 August 2005 Natural persons registered in a regional list of architects in accordance with the provisions of Articles 10 and 11 below may bear the title of architect alone, Legal persons registered in a regional list of architects in accordance with the provisions of Article 12 below may only bear the title of architectural company. htpsswwogtrance.goullodail JORFTEXTO00000522423/ 2sor1122, 339 Pa Law No. 77-2 of 3 January 1977 on Architecture Légitrance Registration in a regional roll orits annex confers the right to practice throughout the national territory. Article 10 ‘Amended by LAW No. 2011-302 of 22 March 2011 -art. 13 Natural persons of French nationality or nationals of a Member State of the European Union or of another State party to the ‘Agreement on the European Economic Area who enjoy their civil rights, present the necessary guarantees of morality and fultilone of the following conditions shall be entered in a regional lst of architects, 1° Be either holder of the State diploma of architect or another French diploma of architect recognized by the State, and holder of the authorization of the architect graduated from State to the exercise of the project management in his own name issued by the State, or holder ofa diploma, certificate or other foreign title allowing the exercise of the profession of architect and recognized by the State: 2° Hold a diploma, certificate or other ttle issued by a third State, which has been recognized in a Member State or in another State party to the Agreement on the European Economic Area and which has allowed them to legally exercise the profession in that State for a minimum period of three years, provided that such professional experience is certified by the State in which it was acquired; Where the minimum period of three years has not been completed in the State which has recognised the said diploma, certificate or title, the holder must be recognised as qualified by the Minister responsible for culture inthe light of the knowledge and Qualifications attested by the diploma, certificate or title and by all the training and professional experience acquired; 3° Be recognized qualified by the Minister responsible for culture, after examination of al the knowledge, qualifications and professional experience relevant to those required by the rules in force for access to the exercise ofthis profession, when the applicant does not benefit from the diplomas, certificates and other titles listed in Annexes V, point 5.7, and VI of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, Inthe cases mentioned in 2° and 3°, the Minister responsible for culture may require, for the registration of the person concerned on the roll of the order, the completion of a compensation measure; 4° Be recognized qualified by the Minister in charge of culture on presentation of professional references establishing that the person has particularly distinguished himself by the quality of his achievements in the field of architecture after opinion of a national ‘The modalities of application of 2°,3° and 4 * are fixed by a decree in the Council of State Article 10-1 ‘Amended by LAW No, 2011-302 of 22 March 2011 - art. 13, ‘An architect who is a national of a Member State of the European Union or of another State party to the Agreement on the European Economic Area who is legally established in one of those States may practise the profession of architect in France temporarily and ‘occasionally without being registered in a regional register of architects. The architect providing services is subject to the rules and procedures relating to the conditions of exercise of the profession, the use of the professional ttle, the professional rules or ethical and disciplinary applicable to the profession, as well as the insurance obligations corresponding to the services envisaged. ‘The performance of these services is subject to a prior written declaration to the Regional Council of the Order of Architects at the time of the first service. This declaration is renewed once a year ifthe service provider plans to carry out his professional activity occasionally during the year concerned or in the event of a material change in his situation. Itshall be accompanied in particular by information relating to insurance cover and other means of personal or collective protection, Inthe event that the service provider does not benefit from the automatic recognition of diplomas, the Regional Council of the Order of Architects verifies the declared professional qualifications. At the end of this verification, and in the event of a substantial difference between the professional qualifications of the service provider and the training required in France, the regional council of the order of architects proposes fo the provider to submit to an aptitude test in order to demonstrate that he has acquired the missing knowledge and skills before a commission sitting on the National Council of the Order of Architects whose composition is fixed by decree, Adecree in the Council of State specifies the conditions of application of this article. Article 11 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 Natural persons who are nationals of States which are not members of the European Economic Community shall be entered, at thelr request, in a regional table under the same conditions of diploma, certificate, ttle of architecture or qualification, enjoyment of civil Fights and morality as the French, if they can avail themselves of reciprocity conventions or international commitments, If the latter condition is not met, they may nevertheless be authorised to practise the profession of architect, in accordance with a procedure laid down by decree. ‘The same decree specifies the conditions under which a foreign architect may, without being registered on a regional roll, be authorized to carry outa specific project in France. htpsswwogtrance.goullodail JORFTEXTO00000522423/ Eysor1122, 339 Pa Law No. 77-2 of 3 January 1977 on Architecture Légitrance Article 12 ‘Amended by LAW No, 2011-302 of 22 March 2011 - art. 13, For the exercise of their activities, architects and natural persons established in another Member State of the European Union or in another State party tothe Agreement onthe European Economic Area and wll exercsing the pofesion of architect under the conditions defined in 1"to 4 of Article 10 or Article 10-1 may constitute civil ar commercial companies among themselves or with other natural or legal persons. They may also set up a single-member company. Only companies that comply with the rules laid down in section 13 and that are entered on the regional list of architects may bear the title of architectural firms and be authorized to practise the profession of architect. These companies may group together architects or architectural societies registered in cifferent Fegional boards. Every architectural firm must communicate its statutes, the lst ofits partners and any possible statutory amendment to the regional council of the order of architects on whose board it has requested its registration. Article 13 ‘Amended by LAW No, 2015-990 of 6 August 2015 - art. 68, Every architectural company must comply with the following rules: 1" The shares of the company must take the registered form; 2° More than half of the share capital and voting rights must be held by: a) One or more architects natural persons or one or more natural persons established in another Member State of the European Union or party to the Agreement on the European Economic Area and lawfully exercising the profession of architect under the conditions defined in 1° to 4° of Article 10 or Article 10-1; (b) Architectural firms or legal persons established in another Member State of the European Union or party to the Agreement on the European Economic Area, more than half of whose capital and voting rights are held by qualified persons, within the meaning of Articles 10 or 10-1, and lawfully practising the profession of architect; 13° Associated legal persons that are not architectural companies may not hold more than 25% of the share capital and voting rights of architectural companies; ‘4° The membership of a new partner is subject to the prior approval of the general meeting acting by a two-thirds majority; This provision does not apply where the architectural firm i incorporated as a one-person limited liability company. 5° The chairman of the board of directors, the direct ‘management board and managers, as well as at least board must be persons mentioned in a of 2° general if he is single, atleast half of the directors general, members of the majority of the members of the board of directors and the supervisory Article 13-1 Creation LAW n°2015-990 of 6 August 2015 - art. 68, |The legal persons mentioned in b of 2° of article 13 which comply with the rules provided for in the same article may open branches which do not have legal personali l-The opening of a branch is subject to registration in a register kept by the Regional Council of the Order of Architects. liL-The profession of architect exercised by the branches is subject to the legislative and regulatory provisions relating to the profession of architect. Article 14 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and21 JANUARY 1977 ‘The architect practices in one or more of the following ways: Individually, in eral form; ‘Asa partner of an architectural firm; Asa cv servant or public official; ‘As an employee of study organizations carrying out their activities exclusively on behalf ofthe State or local authorities inthe field of development and urban planning; ‘As an employee of an architect or an architectural firm; ‘As an employee or partner of a natural or legal person under private law building buildings for his own and exclusive use and not having as an activity the study of projects, the financing, construction, restoration, sale of rental of Buildings, or the purchase or sale of land or building materials and elements; ‘As an employee of a company of collective agricultural interest of rural housing. ‘The status of architect must be recognized by collective agreements. The public service will take this reference into account. However, an associate or employee architect may practise in another manner only to the extent that he has obtained the express agreement of htpsswwogtrance.goun fllodail JORFTEXTO00000522423/ asor1122, 339 Pa Law No. 77-2 of 3 January 1977 on Architecture Légitrance his co-partners or his employer. He must also make his customers aware of the quality in which he intervenes. ‘The regional table shall indicate the mode or modes of exercise chosen by the architect. In the event of a change, the regional table shall be amended accordingly ‘decree in the Council of tate determines the conditions and limits under which architects who are civil servants or employees of the State and public authorities may be authorized if necessary, to exercise, independently oftheir activity inthis capacity, without being able to call into question their independence as public officials, design and project management missions on behalf of other public authorities or for the bene‘t of private persons. Article 15 (Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 ‘Any architectural project must include the signature of all the architects who contributed tits development. Article 16 Amended by Ordinance No. 2005-1044 of 26 August 2005- art. 4 () JORF27 August 2005 ‘Any architect, natural or legal person, who may be held liable because of the acts he performs in a professional capacity or the acts of his servants, must be covered by insurance. Each year, any person subject to this obligation shall produce a certificate of insurance for the current year to the regional council of the order of architects to which he belongs. ‘Where the architect acts as a public official, as an employee of a natural or legal person in the cases provided for in Article 14 or asa partner in an architectural frm formed in the form ofa limited liability company or a public limited company in accordance with ‘Article 12, the person employing him or the company of which he is a partner shall be solely civily liable for the professional acts performed on his behalf and shall take out insurance guaranteeing the consequences of these, A certificate of insurance shall be attached, in all cases, to the contract concluded between the contracting authority and the architect or, where applicable, his employer. Whatever the corporate form adopted, any architectural company is jointly and severally lable fr professional acts performed on its behalf by acnitects When the architect acts asa teacher of school issuing French diploma allowing access to the title of architec and he is responsible, within the framevork of his service obligations andthe educational program ofthe school, forthe design and implementation ofan architectural project, the school which employs him Is solely ely able for the professional acts performed anhis behalf and subscribes tothe insurance guaranteeing the consequences thereof. Article 17 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 Every architect, whatever the mode of practice of his profession, is required to declare, according to the terms and conditions determined by decree, the construction projects entrusted to him. Article 18 Creation LAW 77-2 1977-01-08 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 ‘The architect must declare, prior to any professional commitment, to the Regional Council ofthe order his links of personal or professional interest with all natural or legal persons carrying out an activity whose purpose Isto prof, directly or nirecty, rom the Construction. ‘The architect must, before ay professional commitment, make these links known to any client or employer. Article 19 ‘Amended by LAW No, 2016-925 of7 July 2016- art. 85 Acode of ethics, established by decree in the Council of State after consulting the National Council ofthe Order of Architects and consulting the trade union organizations of architects, specifies the general rules of the profession and the rules specific to each mode of practice. Article 20 (Creation Law 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF S and 21 JANUARY 1977 ‘Any violation ofthe requirements of Articles 26,17 and 18is punishable by a fine of 2000 to 200000 F, ‘The court may, in addition, prohibit the convicted architect from practising the profession either temporarily, for a period not exceeding three years, or definitively The organization of the architectural profession. (Articles 21 to 29) Article 21 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 ‘The Order of Architects, constituted by architects fulfilling the conditions laid down in this Act, shall have legal personality and financial autonomy. Itis placed under the supervision of the Minister in charge of culture, htpsswwogtrance.goullodail JORFTEXTO00000522423/sor1122, 339 Pa Law No. 77-2 of 3 January 1977 on Architecture Légitrance Article 22 ‘Amended by LAW No, 2016-925 of 7 July 2016--art. 86 ‘Amended by LAW No. 2016-925 of 7 July 2016-- art. 90 (V) Aregional council of the Order of Architects shall be established in each region. The Minister responsible for culture shall appoint a representative to attend the sitings. ‘The regional council is elected for six years by direct suffrage of all the architects registered on the regional roll. Only natural persons are eligible voters and eligible as soon as they are registered on the rol ofthe order. ‘The elector may, on pain of nullity ofthe vate and unless the number of candidates of one sexis insufficient, designate at most a number of candidates of each sex equal to half, if necessary rounded up to the next integer for one of the two sexes, of the number of members of the regional council to be elected, ‘A decree in the Council of State defines the modalities ofthe elections, the conditions of eligibility, any incompatibilties, the number of members of each regional council, which may vary according to the number of architects registered in the regional roll as well as ‘the conditions of representativeness ofthe territories within a regional council, ‘The regional council is renewed by half every three years. The members ofthe regional council may not serve more than two terms, whether national or regional. ‘The general rules of operation of the regional council are determined by decree in the Council of State. This decree provides for the compulsory contributions that are paid by architects registered in the regional roll and by branches registered in the reg'ster in order ‘to cover the expenses of the regional council and the national council oma Low No, 2016-925 of July 2016, Article 90 I: These provisions apply to members of the National Council and Regional Councils of the Order of Architects whose mandate in progress on the date of publication ofthe said law. Article 23 Amended by Ordinance No. 2005-1044 of 26 August 2005- art. 4 () JORF 27 August 2005 The regional council ensures the maintenance of the regional table of architects. It shall register architects after verifying that they ‘meet the conditions required by this Act and its implementing legislation It shall remove them from the register ifthese conditions cease to be met. Refusals of registration or decisions to remove them from the register may be appealed to the Minister responsible for culture, who shall act after obtaining the opinion of the National Council ‘The Minister responsible for culture may annul decisions on irregular registrations and remove from the regional register persons who have ceased to fulfil the required conditions. Failure by an architec to prove that he satisfies the insurance obligation provided fori the fst paragraph of section 16 shall esult in the suspension of the entry on the regional ol after formal notice remained without effect. Tis suspension, which shall Be terminated fromthe day on which te certfiate of insurance reaches the set of the regional coun, shall deprive te person concerned ofall he rights attached to reparation on the rll nthe absence of regularston within the period Fed by the Suspension decision and which may not be less than three months the regional eouncl hall arr out the cancellation provided for inthe second paragraph ‘The provisions of the sixth and seventh paragraphs of Article 28 shall apply to decisions to suspend and de-register pursuant to the provisions ofthis Article Article 23-1 Creation LAW n°2016-925 of 7 July 2016 -art. 85 ‘The regional council ofthe order of architects shall ensure that al its members comply with the rules laid down in the code of ethics provided for in section 19, It examines requests for verification sent by the services responsible for examining applications for permits Issued under the Urban Planning Code, when they suspect that the architectural project has been signed by a person who is not entered on the roll ofthe order or by an architect who has not contributed to the development of the project. Article 24 ‘Amended by LAW No, 2016-925 of7 July 2016- art. 90 (V) ‘ANational Council of the Order of Architects s hereby established. The Minister responsible for culture shall appoint a representative toattend the sittings. ‘The national council is elected for six years by the members of the regional councils from among persons who hold or have held office as a member of a regional council Its renewed by half every three years. The members of the National Council may serve only one term. ‘The elector may, on pain of nullity ofthe vote and unless the number of candidates of one sexis insufficient, designate at most a number of candidates of each sex equal to hal, iFnecessary rounded up to the next integer for one of the two sexes, of the number of ‘members of the national council ta be elected. htpsswwogtrance.goullodail JORFTEXTO00000522423/sor1122, 339 Pa Law No. 77-2 of 3 January 1977 on Architecture Légitrance ‘Adecree in the Council of State defines the modalities ofthe elections, the conditions of eligibility, any incompatibilties, the number of members and the general rules of operation of the national council. ota: Low No, 2016-925 of 7 July 2016, Article 90: These provisions apply to members of the National Council and Regional Councils of the Order of Architects whose mandate isin progress on the date of publication of the said law. Article 25 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 ‘The National Council coordinates the a ion of the regional councils and contributes to their information. Its consulted by the public authorities on all matters of interest to the profession, in particular the organization of architectural education. Article 26 ‘Amended by LAW No, 2011-525 of 17 May 2011 - art. 11 (V) ‘The National Council and the Regional Council of the Order of Architects contribute to the representation of the profession befors public authorities ‘They have locus standi to bring legal proceedings with a view, in particular, to the protection of the title of architect and to respect for the rights conferred and obligations imposed on architects by laws and regulations. In particular, they have locus stand to bring proceedings on any question relating to the manner in which the profession is practised and to ensure compliance with the obligation to have recourse to an architect. ‘They may contribute to the organization of continuing education and social advancement and to the financing of organizations of Interest to the profession, Article 27 Amended by Ordinance No, 2005-1044 of26 August 2005 art. 7 () JORF 27 August 2005 Aregional chamber of discipline of architects established within each regional council exercises at first instance the disciplinary power in respect of architects. It is composed of: a magistrate of the administrative order, active or honorary, President of the Chamber, appointed either by the President of the ‘Administrative Court of Appeal, where the Chamber has its Seat in the same department as the Court, if necessary on the proposal of ‘the President of the Administrative Court in whose jurisdiction the Chamber has its seat i the President of the Administrative Court of ‘Appeal intends to appoint a member of that Court, either by the President of the Administrative Court in whose jurisdiction the Chamber hasits seat; - three architects appointed by the Regional Council of the Order of Architects, atthe time of each renewal ofthe latter. {An alternate shall be appointed under the same conditions for each of the members of the Chamber, ‘The decisions of the regional chamber of discipline are rendered in collegial formation, subject to the exceptions, determined by decree in the Council of State, relating to the subject of the dispute or the nature of the questions to be judged. They are motivated. The eglonal disciplinary chamber may not deal with activities carried out by an architect as cil servanto a nortenure public official. Disciplinary action is initiated by representatives ofthe State or by the Regional Council ofthe Order of Architects acting either ex officio or at the request of any interested person. Where members of the Regional Council are also members of the Regional Disciplinary Chamber, they shall not take part in the deliberations ofthe Council concerning the conduct of proceedings before the Chamber. Article 28 ‘Amended by Ordinance No. 2005-1044 of 26 August 2005 - art. 8() JORF 27 August 2005 ‘The regional chamber of discipline of architects may pronounce the following sanctions: =warning: -blame; suspension, with or without suspension, ofthe registration of architects on the regional roll of architects for a period of three months to three years; removal from the regional table of architects. Suspension or cancellation deprives the person concerned ofall the rights attached to the entry on the roll. A decree shall lay down the conditions under which the affairs entrusted to an architect subject to a suspension or a removal order shall be managed or liquidated, This decree defines the missions of the architect manager appointed ex officio by the regional council of the order to replace the suspended or struck off the architect, as wel as the modalities of his intervention, htpsswwogtrance.goullodail JORFTEXTO00000522423/sor1122, 339 Pa Law No. 77-2 of 3 January 1977 on Architecture Légitrance Decisions to suspend and de-register shall be notified to all the regional councils, which may not, during the period of the penalty, register the person who is the subject of the suspension. ‘The provisions of Article 751 of the Act of 10 July 1991 referred to above shall apply. The regional disciplinary chamber may attach to its decision, under the conditions it determines, a measure of publicity at the expense of the architect Il.- The decisions of the Regional Chamber of Discipline of Architects may be appealed to the National Chamber of Discipline of Architects by the sanctioned architect, by the representatives of the State or by the Regional Council of the Order of Architects. The sanction imposed by the regional disciptinary chamber may not be enforced during the appeal period or during the proceedings before the National Disciplinary Chamber of Architects. Article 29 Amended by Ordinance No, 2005-1044 of 26 August 2005- art. 9() JORF 27 August 2005 ‘ANational Chamber of Discipline of Architects, established within the National Council of the Order of Architects, hears appeals against the decisions ofthe regional chambers of discipline of architects. ‘The National chamber of Discipline is composed of: -a Councillor of State, ative orhonorary President of the Chamber; =three architects appointed by the National Council ofthe Orde of Architects atthe time of each renewal of the ater. {an alternate shall be appointed under the same conditions for each of the members ofthe Chamber. ‘The decisions of the National Chamber of Discipline are rendered in collegial formation, subject to exceptions, determined by decree inthe Council of State, relating to the subject ofthe dispute or the nature of the questions to be judged. They are motivated. ‘The provisions of lof Article 28 shall apply to proceedings before the National Chamber of Discipline of Architects. When the appeal comes from the architect sanctioned at first instance, the national disciplinary chamber may not aggravate the sanction pronounced by the regional disciplinary chamber. Miscellaneous and transitional provisions. (Articles 34 to 45) Article 34 Creation LAW 77-2 1977-01-02 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 Without prejudice to the provisions of Law No, 71-575 of 16 July 1971, vocational training for social advancement and continuing vocational training for employees of architects shall be organized, under the supervision of the Minister responsible for culture, by the professional and trade union organizations representing architects and their employees, which constitute for this purpose joint associations empowered to carry oul these training and training missions. promotion that will allow interested parties to eventually access the title of architect. Article 35 (repealed) By way of derogation from the __ Repealed by Law No. 85-704 of 12 July 1985 -art. 27 ( provisions of ticles L241, . 242 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 (Bando), L415 and L415-9 (@ and) ofthe Social Security Code, architects and architectural chartered persons who practise as partners of an architectural company are subject, fr the application of all socal security legislation, whatever the Social form ofthe company, the provisions applicable to members ofthe liberal professions. Article 36 Creation LAW 77-2 1977-01-02 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 The persons authorized to exercise, for the work of national defense, the missions assigned to architects by article 3 ofthis law are the subject of an approval under conditions determined by decree, Article 37 ‘Amended by Ordinance No, 2005-1044 of 26 August 2005 art. 10 JORF27 August 2005 ‘Any natural person who, without bearing the ttle of architect, exercised exclusively or principally and under his personal responsibility before the publication of this Law an architectural design activity n the field of building construction, i registered on his application in a regional table, under the title of approved in architecture, under the conditions laid down in Article 23, if he enjoys his civil rights, presents the necessary guarantees of morality and also fulfils one of the following two conditions: 1" Have exercised ina liberal, exclusive and constant way by having subscribed annually one or more insurance contracts covering his lability as prime contractor and having been subject toa patent or a professional tax of prime contractor in building or architectural frm since a date prior to January 1, 1972, on a continuous basis, until the application is filed; 2" Be recognized qualified by the Minister in charge of culture on presentation of professional references and after the opinion of a regional commission including, in particular, in equal number, architects and representatives of the professions concerned by this article. htpsswwogtrance.goullodail JORFTEXTO00000522423/sort, 339 PM Law No. 77-2 of 3 January 1977 on Architecture Légitrance ‘Applications for registration must be submitted within six months of the publication of this Law, Provided that they have submitted the application, those professionals may assume the tasks referred to in Article 3 until a final decision is taken. ‘Any natural person in possession of the receipt of an application for registration filed under the conditions laid down in the preceding paragraph and on which a decision has not been finally taken, or a document of the administrative authority certifying that such an application has been filed, shall be entered on his application for registration in an annex to a regional list of architects, provided that itjustfies the continuation of ts architectural design activity in the field of building construction, under its personal responsibility and continuously since the submission ofits initial application for listing. An interruption of exercise of this activity of a maximum duration of four years is allowed when the person concerned has been in activity for more than five years on the date of publication of Ordinance No, 2005-1044 of 26 August 2008 on the exercise ang organization of the profession of architect. Registration must be requested within one year of the publication of this order. On the expiry ofthat period, persons fufiling the conditions laid down in this subparagraph and who have not submitted an application for inclusion in the Anniex shall cease to be able to carry out the tasks referred to in Article 3, ‘As soon as they are entered on the regional rol orn its annex, architectural approvals and holders of receipts enjoy the same rights and are subject to the same obligations as architects, Article 38 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 ‘When a certified architect applies for registration on the regional roll under the title of architect according to the procedure for recognition of qualification provided for in Article 10(2) above, the national commission shall include, in particular, an equal number of qualified architects and architects who have been admitted to hold the title following a procedure for recognition of qualification, Article 39 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 ‘Any person entered on one of the rolls of the order of architects on the day of the coming into force of this Acts automatically registered on one of the new regional tables. Article 40 ‘Amended by LAW No, 2011-525 of 17 May 2011 -art. 7 ‘Any person who does not meet the conditions required by this Act and who beats the title of architect or certified architect or accompanies or allows to accompany his name or the name of the company he directs with terms likely to maintain in the public the erroneous belief in the status of architect or chartered in architecture or architectural society, is punishable by the penalties provided for in Article 433-17 of the Criminal Codefor the usurpation of titles, However, any natural or legal person who, on the day of publication of this Law, bears a name the use of which could henceforth lead toa conviction under the preceding paragraph, shall have a period of two years from such publication to amend the said name. ‘The provisions of this Article shall not apply to persons who can avail themselves ofa school or university ttle and make use ofitin such a way that no confusion is possible with the titles of architect and chartered architect. Article 41 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF Sand21 JANUARY 1977 ‘decree lays down the procedures for transferring the property, rights and obligations ofthe Higher Council and the Regional Councits ofthe Order of Architects respectively tothe National Council and the new Regional Councils, These transfers do not give rise tothe collection of any compensation, duty or tax. Article 42 Creation LAW 77-2 1977-01-08 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 ‘The Higher Council and the Regional Councils ofthe Order of Architects remain in office until the establishment of the National Council and the new Regional Councils. ‘The aw of 31 December 1940 establishing the Order of Architects and regulating the title and profession of architect was repealed on the date ofthe election ofthe new regional councils Article 43, ‘creation LAW 77-2 1977-01-08 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 Decrees in the Council of State shall determine, as necessary, the modalities of application ofthis aw. Article 44 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 ‘This Law shall apply to the overseas departments, Article 45 Creation LAW 77-2 1977-01-03 JORF 4 JANUARY 1977 Corrigendum JORF 5 and 21 JANUARY 1977 Subject to the competence attributed to the assemblies or councils elected in the overseas territories, the provisions ofthis law may be made applicable in whole or in part in each of these territories by decrees in the Council of State. This law shall be enforced as the law of the State. htpsswwogtrance.goun.fllodail JORFTEXTO000005224231 ce