town planning scalefees

_________________________________________________________________________________________________________ Scale of Professional Fees and General Conditions of Engagament

LEMBAGA PERANCANG BANDAR, MALAYSIA (BOARD OF TOWN PLANNERS, MALAYSIA)

SCALE OF PROFESSIONAL FEES AND GENERAL

CONDITIONS OF ENGAGEMENT 2005


TABLE OF CONTENTS PAGE PART I - INTRODUCTION 4 1.0 Introduction 2.0 Purpose 3.0 Interpretation PART II - PROFESSIONAL SERVICES 6 PART III - SCALE OF PROFESSIONAL FEES 1.0 Preparation Of Development Plans (National Physical Plan/Structure Plan/Local Plan) 7

For A site Or Geographical Region (Special Area Plan and Regional Plan)

1.1 Scope of Works 1.2 Fees 1.3 Schedule of Payment 1.4 Deliverables

2.0 Planning Permission For Change Of Use of Land (Land Conversion) 8

And Temporary Change Of Use of Land


3.0 Planning Permission For Layout Plan Approval 9

3.1 Scope of Works 3.2 Fees

3.2.1 Basic Fees 3.2.2 If Planning in Parcels 3.2.3 Increase In Fees

3.3 Schedule of Payment 3.4 Amendments To Approved Layouts 3.5 Deliverables

4.0 Planning Permission For Erection Of Building and Change of Use Of Building 11


5.0 Advocacy Planning Services 12



6.0 Urban Design 14


7.0 Viability Studies 16


8.0 Other Studies 17


9.0 Planning Advisory Services 18


PART IV – REIMBURSEMENT OF EXPENSES 19 PART V – MEMORANDUM OF AGREEMENT 20 PART VI – LETTER OF AUTHORIZATION 25


PART 1 1.0 PURPOSE This document fixes the Scale of Professional Fees for planning services and the Conditions of Engagement of a Town Planner practising in Malaysia. 2.0 GENERAL CONDITIONS OF ENGAGEMENT 1. All Town Planners and their clients are to be fully aware of the Conditions of Engagement of the Town Planner

prior to entering into any engagement. 2. All Town Planners are to subscribe and be guided by the Conditions of Engagement and Professional Scale of

Fees as set out in this document. 3. All Town Planners are required to act at all times in accordance with the Board’s Code of Professional Conduct. 4. Town Planners are not to supplant any other Town Planner already appointed and the Town Planner is to give a

letter of release upon completion of professional services and full reimbursement of fees. 5. The fees and scale specified in this document shall be applicable to all works undertaken by the Town Planner. 6. In respect of work failing within the scope of other professions, charges shall be made in accordance with the

scale of fees promulgated by the professional bodies concerned. 7. If the Town Planner has to suspend his work temporarily to attend to other urgent business or for medical

reasons, he will inform the client accordingly and make the necessary adjustments to the fees for the period of absence.

8. The Town Planner shall only commence professional service upon receiving letter of appointment or letter of

instruction. 3.0 INTERPRETATION In this document, unless the context otherwise requires :- 1. “Board” means the Board of Town Planners established under the Town Planners Act 1995. 2. “Town Planner” means a person or a body corporate registered with the Board of Town Planners. 3. “Multiplier” means a factor derived from the element covering annual salary, benefits including bonuses, EPF, staff

salary and pension fund, subscription to professional institutions, leave medical aid and insurance, office administration charges and expenses, profits etc.

4. “Appointment Fee” means a non-refundable sum of money payable to the Town Planner immediately on his

official engagement to undertake the project. It is treated as mobilisation fee which is part of the total fee payable to the Town Planner for professional services rendered.

5. “Planning Permission” means permission granted with or without conditions for carrying out development.

Planning permission application is within the context of Part IV of the Town and Country Planning Act 1976 (Act 172) and the amendment A933 (1995).

6. ‘Planning Approval’ means approval obtain for planning permission from local planning authority i.e. with

reference to Sub-section 3, Section 22, Town and Country Planning Act 1976 (Act 172), where planning approval constitute an endorsed plan and issuance of Planning Permission (Kaedah 9(1), Form C(1). And for areas under


Dewan Bandaraya Kuala Lumpur, planning approval constitute endorsed plan and Development Order issued in Form 5.

7. “Man-month’ means number of working months in a year or throughout the duration of the project to be

undertaken. 8. ‘Man-hours’ means number of working hours in a day.


PART II PROFESSIONAL SERVICES Every Town Planner shall be entitled to :- a) Prepare development plans such as national physical plan, structure plan, local plans and special area plan

for the purposes of Town and Country Planning Act 1976. b) Prepare and submit applications for planning permission for layout submission, errection of buildings and

change of use of building or land in respect of a development, drawings and planning reports, to any person or public authority for the purpose of developing any land.

c) Carry out urban, rural and regional development planning studies and viability, environmental impact

assessment studies, visual impact assessment and social impact assessment relating to landuse, and d) Urban design and advocacy planning e) Project management and other planning related services.


PART III SCALE OF PROFESSIONAL FEES 1.0 PREPARATION OF DEVELOPMENT PLANS (NATIONAL PHYSICAL PLAN, STRUCTURE PLAN/LOCAL

PLANS) FOR A SITE OR GEOGRAPHICAL REGION (SPECIAL AREA PLAN AND REGIONAL PLAN) 1.1 SCOPE OF WORKS

Works involve the coordination and management of the plan, carrying out of surveys to gather basic data on population, landuse, employment pattern, transportation etc and the analysis of these information and final preparation of the plans in accordance with the Town and Country Planning Act 1976. Such works can be carried out for the overall study or for specific sectoral study of the said development plan.

1.2 FEES

Professional charges for work shall be determined on a man-month basis. Actual rates for any particular engagement shall take into account the nature of work, the special skills and responsibilities required of the Town Planner and the time taken to fulfill the job. Under this category, the professional charge rate is established by using the standard as adopted by the Government, i.e. Basic salary x Multiplier x Man Month The minimum multiplier rate is 2.2* for professional input and 1.8* for sub-professional input. Professional fees shall not include any reimbursable cost incurred in this scope of services as specified in Part IV of this Scale of Professional Fees. * Note :- The minimum multiplier rate is in accordance to the rates approved by the Government at the time the fees is being quoted.

1.3 SCHEDULE OF PAYMENT

The schedule of payment shall include the fees to be paid at the end of each stage of work based on the agreed work schedule to be charged.

1.4 DELIVERABLES

a. Prepare the technical and financial proposal which shall respond to the project brief and terms of reference given by the client. The report shall outline the proposed scope of works, methodology statement , identify professionals to carry out the works and identify all cost incurred to undertake the study.

b. Carry out primary and secondary data collection relevant to the study. c. Prepare reports and plans required by the respective developments plan as determined by the client or

as per outlined in any manuals related to the type of development plan prepared. d. Liase with relevant technical departments, consultants and stakeholders related to the study in the

process of data collection, obtaining feedbacks on the plan and facilitating the process of public participation in the preparation of development plans.


2 PLANNING PERMISSION FOR CHANGE OF USE OF LAND 2.1 SCOPE OF SERVICES

For professional services related to the process of obtaining planning permission for change of use of land. The works involve obtaining relevant data and information necessary, inspection of site, consultation with relevant authorities, attendance at meetings related to the planning and conversion of the land as required by the client and relavant authorities and advice and assist all consultants involved in the approvals for land conversion. The planning permission for land use conversion will be the preparation of alternative concepts, site and surrounding development analysis plan that leads to the formulation and justification for development. The Lapuran Cadangan Pemajuan will also be prepared for submission and it will be supported by various other documents.

2.2 FEES Basic Fees - RM 15,000.00 Plus RM 250 per acre

Please note for land conversion above 5 acres, the authorities will require that the intended use of land be shown, and that provision of amenities and social infrastructure has to be shown, therefore it requires detail block zoning layout and this shall be as per item 3.2.2 i.e. where block subdivision and conversion application can be carried out.

Professional fees shall not include any reimbursable cost incurred in this scope of services as specified in Part IV of this Scale of Professional Fees.


• Upon appointment – 20% • Upon completion and submission of plans and LCP to relevant authority – 50% • Upon receipt of Local Authority’s comments/approval in principle - 20% • Upon obtaining decision from authority/obtaining approval for planning permission - 10%

2.4 DELIVERABLES

a. Site analysis and evaluation of proposed site and its surrounding areas. b. Concept plan illustrating the intended development/use of land. c. Plan showing the intended change of use of land either change in one single use or change in several

different blocks i.e. block zoning indicating the intended change of use of land. d. ‘Lapuran Cadangan Pemajuan’ as the supporting document to justify change of use of land. e. Preparation of all other documents required for submission by the relevant authority and coordinate

submission requirements of all other technical departments required from the other consultants.


3 PLANNING PERMISSION FOR LAYOUT PLAN APPROVAL 3.1 SCOPE OF SERVICES

For professional services related to the planning of layouts including obtaining relevant data and information necessary, inspection of site, consultation with relevant authorities, attendance at meetings related to the planning and finalisation of the layout as required by the client and relevant authorities. The works also involve the preparation of related plans such as alternative concepts, site and surrounding development analysis plan in the formulation of a layout plan. The layout will include consideration for topography, natural and built environment, socio-economic impact, traffic impact, as well as planning for amenities and utilities. The Lapuran Cadangan Pemajuan will also be prepared to support the submission to the authorities for application of planning permission for layout plan approval.

3.2 FEES 3.2.1 Basic Fee

• Basic Fee – RM 35,000 • Plus RM 500.00 per acre of land to be planned


3.2.2 If Planning in Parcels

Where the development is planned in parcels for block subdivision, the fees are :- • Basic Fee – RM 25,000 • Plus RM 250.00 per acre of land to be planned

3.2.3 Increase in Fees The fee determined in clause 3.1 may, where justified, be increased by a maximum of 25% if unusual circumstances beyond the control of the town and regional planner are present (for example, difficult topography or soil conditions). The following is recommended as a guideline to the determination of fee increase :- Nature of Terrain % 0f Increase Gentle slopes over the entire terrain 0% Steeper than 20 degrees slopes over less than 50% of the development area 10% Steeper than 20 degrees over more than 50% of the development area 25%


• Upon appointment - 10% • Upon completion and submission of initial concept plan - 20% • Upon completion and submission of detail layout plan to client - 20% • Upon completion of application and submission of plans and LCP to

Local Authority - 20% • Upon receipt of Local Authority’s comments/approval in principle - 20% • Upon obtaining decision from authority - 10%


3.4 AMENDMENTS TO APPROVED LAYOUTS

Where amendment to an approved layout involves change to the street and layout pattern or change to the development component, increase in units/density/built-up is required by the client after the approval of the plan, the recommended fees are :- Basic Fee RM 15,000.00 Plus RM 500.00 per acre of the amended areas or part thereof Professional fees shall not include any reimbursable cost incurred in this scope of services as specified in Part IV of this Scale of Professional Fees.

3.5 DELIVERABLES

a. Site analysis and evaluation of proposed site and its surrounding areas. b. Concept plan illustrating the intended development of land. c. Detail layout plan illustrating land areas of each sub-divide lots/landuses/development units and its sizes

including government, public services and social amenity uses. It will also indicate the network of various dimensional hierarchy of roads and reserves.

d. ‘Lapuran Cadangan Pemajuan’ as the supporting document to justify the detail layout plan. e. Preparation of all other documents required for submission by the relevant authority and coordinate

submission requirements of all other technicl departments required from the other consultants.


4 PLANNING PERMISSION FOR ERECTION OF BUILDING AND CHANGE OF USE OF BUILDING 4.1 SCOPE OF SERVICES

The involvement of the Town Planner in the above application shall include the preparation of related plans and Lapuran Cadangan Pemajuan for planning permission. In either case i.e. Erection of Building or Change of Use of Building, the professional service is to ensure that all erection or change comply to any available approved plans such as a Master Plan, Structure Plan or Local Plan as well as the approved layout plan. It would also involve inspection of site, consultation and liasion with relevant authorities, attendance at meetings related to the planning, design and finalisation of submission plans and assist and advise all relevant consultants to the planning requirements for submission and approvals. Emphasis on circulation, landscaping and urban design will be carried out to support and justify the application. The Lapuran Cadangan Pemajuan will be prepared as part of the main document for submission. It will also relate to the planning standards and requirements set out by the relevant local authorities.

4.2 FEES

For Residential, Commercial, Industrial, Institutional, Resort and other urban developments • Basic Fee RM 20,000.00 • Plus RM100 for every 100 sq.m.of gross floor area Professional fees shall not include any reimbursable cost incurred in this scope of services as specified in Part IV of this Scale of Professional Fees.


• Upon appointment – 20% • Upon completion of plans, reports and submission to relevant authority - 40% • Upon receipt of Local Authority’s comments/approval in principle - 20% • Upon obtaining approval from authority - 20%

4.4 DELIVERABLES

a. Site analysis and evaluation of proposed site and its surrounding areas. b. Site Plan showing the layout plan of the proposed building to be errected. c. ‘Lapuran Cadangan Pemajuan’ as the supporting document to justify the proposed development. d. Preparation of all other documents required for submission by the relevant authority and coordinate

submission requirements of all other technicl departments required from the other consultants.


5 ADVOCACY PLANNING SERVICES A registered town planner may be engaged by a public, private organization or individual to provide advocate advisory services on planning matters. It is expected where such services are to be provided, the consultant will present the case on behalf of the client in a professional and balanced manner. 5.1 SCOPE OF SERVICES The services a town planner could potentially provide are :- a) Preparation and submission of an objection to a planning or development proposal. b) Preparation of material pertaining to planning issues in response to an appeal or for presentation to the

Courts or Appeal Board. Preparation of material could involve site visits, establishing the position of the client, authorities, or other

participants and establishing other circumstances of the case. The findings could be presented in written statement to the client or their representative. Written submission

could be a report to the client and their representative or as an affidavit for submission to the Courts or Appeal Board.

c) Appearance before the Courts, Appeal Board or any authorized review committee as an expert witness on

town planning matters. d) Acts as an expert witness in any arbitration, or assessor, mediator in the resolution of conflicts related to any

planning matters between parties. e) Other related matters. 5.2 FEES

Professional charges for full advocacy planning services shall be determined on a time cost basis. Under this category, the professional charge rate is established by using the the following standard, i.e.

Basic salary x Multiplier x Man Month/Man Hour The minimum multiplier rate is 2.5 for professional input and 2.0 for sub-professional input. Hourly rates are established as follows :- Annual Gross Salary/* (Working Hours/Year) x Multiplier *1800 hours

However if services are required for appearance in court only, a minimum charge per hour and part thereof shall be RM500. While the minimum charge per day or part thereof is RM 2,000.00.




For full advocacy planning services is :- Upon appointment - 10% Submission to Registrar - 50% Upon appearance in court - 40% The schedule of payment for appearance in court shall be paid fully (100%) at the end of work based on the agreed amount to be charged.

5.4 DELIVERABLES

a. Report containing materials of objections to the planning or development proposal. The materials could involve site visits evaluation, establishing the position of the client, authorities, or other participants and establishing other circumstances of the case.


6 URBAN DESIGN

The urban design services that are to be provided by the Town Planner will involve the preparation of plans and reports pertaining to providing consultancy services for Urban Design works.

6.1 SCOPE OF WORKS The Town Planner is responsible to prepare :-

a. Plans that will show landuse in terms of parcellation or zoning. Urban design will describe densities, housing types, plot ratios, building heights and total built up areas.

b. Vehicular circulation, road hierarchy, parking, drop off points, slip roads, service entry and roads, public transport, interfacing, actual provision of public transport, i.e. bus and taxi stops, bicycle paths etc. will also be addressed. Traffic drop off points service entry, staff entry, visitor entry, emergency vehicle entry, surface parking, roadside parking areas, car parking stations – below and above grade etc.

c. Open space hierarchy, formal and informal spaces and configuration, etc. will be shown. d. Public amenities – location, size, form and catchment of indoor and outdoor food centres, public toilets,

information kioks, children playground etc. e. Cross-sectional drawings will also be prepared to addressed the built form and its relationship to levels.

Building heights, skyline and silhouette will be indicated and the building interfacing with others i.e. buildings, infrastructure facilities, public amenities, open spaces, roads, waterfront and etc. will be shown.

f. Axonometric drawings and models will be prepared to indicate the urban form and massing, urban composition and area identity.

g. The development control plan will be prepared to illustrate the overall controls to be imposed on each individual parcel.

The Town Planner shall also liase and work with other professionals such as Landscape Architect, Transport Planner, Road Engineer, Infrastructure and Utilities Engineer in order to achieve a well developed urban design.

6.2 FEES

Professional fees for the works shall be determined on a man-month basis. The actual rates for the engagement shall take into account the time taken to fulfill the job in context to the total scope of works. The professional charge rate is based on :- Basic salary x Multiplier x Man Month The minimum multiplier rate is 2.5 for professional inputs and 2.0 for sub-professional inputs. Hourly rates are established as follows :- Annual Gross Salary/* (Working Hours/Year) x Multiplier *1800 hours The minimum charge per day and part thereof shall be RM 1000.




Upon appointment - 20% Upon completion of 1st draft schematic urban design - 40% Upon completion of final draft urban design and development control plans - 40%

6.4 DELIVERABLES

a. Schematic Urban Design report showing the urban structure and form of the proposed development.

It will also illustrate in detail the schedule of accomodation such as densities, housing types, plot ratios, building heights and total built up areas, vehicular circulation, road hierarchy, parking, drop off points, slip roads, service entry and roads, public transport, interfacing, actual provision of public transport, i.e. bus and taxi stops, bicycle paths etc. will also be addressed. Traffic drop off points service entry, staff entry, visitor entry, emergency vehicle entry, surface parking, roadside parking areas, car parking stations – below and above grade etc.. Open space hierarchy, formal and informal spaces and configuration, etc. will be shown. Public amenities – location, size, form and catchment of indoor and outdoor food centres, public toilets, information kioks, children playground etc. Building heights, skyline and silhouette will be indicated and the building interfacing with others i.e. buildings, infrastructure facilities, public amenities, open spaces, roads, waterfront and etc. will be shown.

b. Development Control Plans

- Landuse Control – use and suggested activities - Horizontal Plot Controls - Horizontal Landscape Controls - Utility Routing - Vertical Controls – heights, datum etc - Vertical Landscape Controls


7 VIABILITY STUDIES 7.1 SCOPE OF SERVICES

The services to be provided for Viability Studies is an investigation of a site or land with regard to the viability, practicality or developablity of the site for a specific purpose or purposes and a report thereon to the client including advice in respect of the prescribed procedures for implementing the application.

7.2 FEES

Professional fees for the works shall be determined on a time basis or man-month basis. The actual rates for the engagement shall take into account the time taken to fulfill the job in context to the total scope of works. The professional charge rate is based on :- Basic salary x Multiplier x Man Month The minimum multiplier rate is 2.5 for professional input and 2.0 for sub-professional input. Hourly rates are established as follows :- Annual Gross Salary/* (Working Hours/Year) x Multiplier *1800 hours The minimum charge per day and part thereof shall be RM 1000.



Upon appointment - 20% Upon Completion of report - 80%

7.4 DELIVERABLES

a. The viability study report containig all analysis and evaluation carried out in context to the intended objectives of the report.


8 OTHER STUDIES 8.1 SCOPE OF SERVICES

The Town Planner will be engaged to undertake special studies/sectoral studies in housing, environmental studies, social impact studies, demography, landuse studies in other non-planning studies, traffic studies, tree preservation order, heritage studies etc. As such the scope of works will be specific to the type of studies to be undertaken.

8.2 FEES

Professional fees for work shall be determined on a man-month basis. Actual rates for any particular engagement shall take into account the nature of work, the special skills and responsibilities required of the Town Planner and the time taken to fulfill the job. Under this category, the professional charge rate is established by using the following standard, i.e.

Basic salary x Multiplier x Man Month The minimum multiplier rate is 2.5 for professional inputs and 2.0 for sub-professional inputs. Professional fees shall not include any reimbursable cost incurred in this scope of services as specified in Part IV of this Scale of Professional Fees.



8.4 DELIVERABLES

a. The report related to specific studies in which the detail scope of works are to be determined in context to the study being carried out.


9. PLANNING ADVISORY SERVICES 9.1 SCOPE OF SERVICES

The Town Planner will be engaged to provide advisory services for planning related issues or to provide advisory services in later stages of works for projects already undertaken by him/her. Such retainer and advisory services are often required in large scale development projects.

9.2 FEES

Professional fees for work shall be determined on a man-month or man-hour basis. Actual rates for any particular engagement shall take into account the nature of work, the special skills and responsibilities required of the Town Planner and the time taken to fulfill the job. Under this category, the professional charge rate is established by using the following standard, i.e.

Basic salary x Multiplier x Man Month The minimum multiplier rate is 2.5 for professional inputs and 2.0 for sub-professional inputs. Professional fees shall not include any reimbursable cost incurred in this scope of services as specified in Part IV of this Scale of Professional Fees.



9.4 DELIVERABLES

a. Professional advise and apperance in meetings when required.


PART IV REIMBURSEMENT OF EXPENSES In addition to the fees payable to the Town Planner for any of the services rendered, the Town Planner shall also be entitled to be reimbursed by the client for the disbursements actually incurred :- a) in printing, reproducing all documents, drawings, maps, models, photographs and other records including

those used in communication between the Town Planner and the other independent consultants and contractors with the exception of one free set of all documents to be provided to the client at all phases of the work during the Town Planner’s basic services and in making inquiries with the relevant authorities;

b) in sending telegrams, telex, facsimile transmissions and in making telephone calls other than local calls; c) for postage and courier charges for sending documents or other items at the request of the client; d) service tax and other statutory tax where applicable. e) when travelling including hotel and other related expenses. Where public transports is not available,

travelling expenses will be calculated on a flat rate RM0.55 per kilometre where the Town Planner uses his own car;

f) for advertisement on matters directly related to the project; g) In fees payable to independent consultants where they are engaged directly by the Town Planner with the

prior approval of the client; and h) In preparing perspective drawings, presentation materials, models and special computer aided designs.


PART V MEMORANDUM OF AGREEMENT Between THE CLIENT AND THE TOWN PLANNER for PROFESSIONAL SERVICES MEMORANDUM OF AGREEMENT made this day of BETWEEN of (or whose registered office is situated at) (hereinafter called “the Client” which expression includes its legal representatives, successors in title and legal assigns) of the one part AND Practicing as Town Planner(s) at (hereinafter called “the Town Planner” which expression includes its legal representatives, successors in title and permitted assigns) of the other part. WHEREAS the Client intends to carry out the development (description of intended works) (hereinafter called “the Project”). AND WHEREAS the Client is desirous of appointing the Town Planner to provide the professional planning services for the Project. NOW THIS AGREEMENT WITNESSED AND IT IS HEREBY AGREED between the parties as follows : 1. Appointment of Town Planner

The Client hereby appoint the Town Planner to provide the professional planning services for the Project subject to and in accordance with the Conditions of Engagement and the Town Planner hereby accepts the appointment for the purpose of providing the professional services for the same subject to and in accordance with the Conditions of Engagement.


2. Conditions of Engagement

This Memorandum of Agreement and the Conditions of Engagement of the Town Planner shall together constitute the Agreement between the Client and the Town Planner.

3. Town Planner’s Remuneration

In consideration of the Town Planner providing the professional services required, the Client hereby agrees to pay the Town Planner in accordance with the Scale of Professional Fees as calculated in schedule 1.

4. Mode of Payment of Professional Fees The mode of payment shall be as in schedule II. 5. Scope of Professional Services The scope of professional services to be provided shall be as in schedule II. IN WITNESS WHEREOF the parties have hereunto set their hands on the day and year first above written. SIGNED BY ……………………………) …………………………………………..) …………………………………………… …………………………………………..) Client’s Signature for and on behalf of THE CLIENT in the presence of Name : …………………………………..) (Witness) Address : ………………………………..) ………………………………………….. ) ………………………………………….. Witness Client’s Signature SIGNED BY……………………………..) …………………………………………...) …………………………………………...) …………………………………………… ………………………………………… ..) Town Planner’s Signature for and on behalf of ……………………………………………) in the presence of Name :……………………………… ) (Witness) Address:…………………………………..) ………………………………………… …) …………………………………………….. ………………………………………… …) Witness Town Planner’s Signature


CONDITIONS OF ENGAGEMENT OF A TOWN PLANNER 1. Professional Services 1.1 Consultant Town Planners provide advice and services to both the public and private sectors, including

government departments, local authorities, corporation, special interest groups and individual citizen. The services to be provided by a Town Planner are described in the Board of Town Planner’s Scale of Professional Fees.

2. Obligation of the Client 2.1 The client should allow the Town Planner to have free access and use of all relevant information and

available data and give any such assistance as is reasonably required to enable the Town Planner to carry out the engagement.

2.2 The Town Planner shall be free to act in an independent manner at all times. 2.3 The client should, in his own interest, make decision and comments on reports, plans etc. presented by the

Town Planner in accordance with the terms and conditions of appointment. 3. Sub-Consultants 3.1 The Town Planner may, with the approval of the client, organise the services of supplementary professional

consultants, known as sub-consultants, to assist in the assignment and to provide extra specialist services. 3.2 Sub-consultants should, if agreed by the client, be employed directly by the client and should be paid in

accordance with the prescribed fee of the sub-consultants’ professional institution. 3.3 Alternatively, sub-consultants may be engaged and paid by the Town Planner with the consent of the client.

In such case the client shall reimburse the Town Planner for the fees to be paid to the sub-consultants. 4. Appointment Fees

A Town Planner shall only commence work on the payment of the Appointment Fee as stated in the Scale of Professional Fees.

5. Client’s Authorised Representative

The client shall designate, if necessary, a person authorised to act on the client’s behalf in respect of the project.

6. Termination of Engagement

The agreement between the Town Planner and the client may be terminated at any time by either party giving to the other party sixty (60) days notice or such shorter period for notice as may be agreed upon by the Town Planner and the client.

7. Accounts 7.1 The Town Planner shall submit his accounts to the client for the balance of fees due together with any other

outstanding claims for reimbursement charges not later than 30 days from the date of expiry of the notice of termination of the agreement.


8. Appointment of Another Town Planner 8.1 In the event that the agreement between the Town Planner and the client is terminated for a reason not due

to the fault of either party, the client, shall, subject to the right of either party in respect of antecedent breaches of the agreement between the two parties pay to the Town Planner the balance of fees together with all reimbursement charges due to the Town Planner, after which the Town Planner shall issue a letter of release to the client and the client be entitled to appoint another Town Planner to continue with the assignment.

9. Copyright 9.1 Pursuant to the Copyright Act, 1969, copyright in all documents and drawings prepared by the Town Planner

and including any works executed from those documents and drawings shall remain the property of the Town Planner, unless otherwise transferred to the client upon such term and considerations as may be agreed between the Town Planner and the client.

10. Copyright Entitlement 10.1 Where the Town Planner has rendered services up to the approval of the plans and has received his due

fees the client shall be entitled to reproduce the design by implementing the project provided it is at the site on which the design was originally prepared.

11. Disputes and Arbitration 11.1 In the event of any dispute between the Town Planner and the client, whether arising during or after the

rendering of the services under the agreement, either party shall give notice in writing to the other party informing him of the matter in dispute and requiring its settlement. The parties shall then appoint an Arbitrator but if they fail to do so within 14 days of the date of the notice, either party may submit written request to the President of the Board of Town Planners to appoint a person to serve as an Arbitrator, whose award shall be final and binding on the Town Planner and the Client.

11.2 Upon the termination of the agreement between the Town Planner and the client, the settlement of all dues

or upon receipt of an acceptable guarantee, the Town Planner shall deliver to the client copies of such drawings, specifications and other documents relating to the project that are in the possession of the Town Planner.

12. Death or Incapacity of Town Planner 12.1 In the event of the death or incapacitation of the Town Planner who is a sole principal, the Town Planner’s

engagement shall be regarded as terminated. Thereafter, the client may, on payment of all outstanding fees and other dues, make full use of all drawings and documents prepared by the Town Planner, provided they are only for the purpose for which they were originally prepared.

13. Reimbursement of Expenses 13.1 In addition to the fees payable to the Town Planner for any of the service rendered, the Town Planner shall

also be entitled to be reimbursed by the client for the disbursements actually incurred :

(a) in printing, reproducing all documents, drawings, maps, models, photographs and other records including those used in communication between the Town Planner and other consultants.

(b) in sending telegrams, telex, facsimile transmission, and in making telephone calls other than local

calls.


(c) For postage and courier charges for sending documents or other items in connection with the

project.

(d) When travelling including hotel and another related expenses

(e) In making advertisements on matters directly related to the project.

(f) In fees payable to independent consultants where they are engaged directly by the Town Planner with the prior approval of the client, and

(g) Professional service and other statutory taxes where applicable.


PART VI LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I/We being the registered proprietor/co-proprietors described in First Schedule appearing hereto of the parcel(s) of the land described in the Second Schedule appearing hereto Do HEREBY APPOINT ……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… (Registered Town Planner No: ) to be my/our Town Planning consultant to make representation and to submit to the relevant authorities in connection with my/our application for planning approval AND they are further authorised to prepare all relevant plans, drawings and documents of whatsoever descriptions and to do all things necessary of incidental thereto. First Schedule Second Schedule Dated ……………… this ……………. day of …………..19………………… Signed by me / us ) the said registered ) proprietor / co-proprietors ) in the presence of: ) ________________________ Name : ) I/C No : ) Address : ) ________________________ Witness’s Signature _____________________________ ) ______________________ )


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