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Четвъртък, 15 Септември 2011 11:35

 STATUTE

OF THE CHAMBER OF ARCHITECTS IN BULGARIA

adopted by the Constituent Assembly on 19-20 of September 2003 in Sofia city, Amended and altered by the General Assembly on 03.04.2004’ Amended and supplemented by the Extraordinary General Assembly of the Chamber of Architects in Bulgaria of 26.1.2007

Chapter І

GENERAL DISPOSITIONS

 

Art. 1. /1/ "The Chamber of architects in Bulgaria" is established under the terms of the Law of the chambers of architects and engineers in the investment projecting.

/2/ "The Chamber of architects in Bulgaria" is inheritor, continuer and successor of the "Bulgarian engineering-architectural chamber"/BIAK/, established with Regulations-Law in 1937 and of the "Chamber of architects in Bulgaria", established in 1991 with Resolution of the 8-th extraordinary Congress of the Union of Architects in Bulgaria and re-registered under the terms of the Law of juridical persons with non-economical objective, in 2001.

Art. 2. /1/ "The Chamber of architects in Bulgaria" is a professional organization of the architects, performing a projecting activity.

/2/ The name of the professional organization of the architects is: "Chamber of architects in Bulgaria", which is written in brief as KAB.

/3/ The head office of the "CHAMBER OF ARCHITECTS IN BULGARIA" is in Sofia city.

/4/ The name, the head office and the address of administration are written in Bulgarian and in English in all formal documents and publications of the Chamber of architects in Bulgaria.

/5/ (Amended 2007) The Chamber of Architects in Bulgaria, called hereinafter “The Chamber”, has a round seal with graphic symbol and inscription "Chamber of architects in Bulgaria".Each sub-division has its analogical round seal with an additional explanatory text.

 

 

Chapter II

OBJECTIVES AND FUNCTIONS

 

Art. 3. The main objective of the Chamber of the architects in Bulgaria is to regulate the activity of the architects-designers and to guarantee the free choice of a designer in the conditions of a loyal competition.

Art. 4 (amended 2007). The objectives of the Chamber are:

  1. To represent its members, protecting their professional rights and interests in compliance with the interest of the society;
  2. To regulate the principles of the professional activity by adopting a professional Code of Architects and exercise control on its observance;
  3. Not to allow monopolization, unfair  practice and unequal status among its members;
  4. To create, as far as this is admissible within the frames of the legislation in force, conditions for free choice of designer on behalf of the client (investor);
  5. To assist the protection of the copyrights of the architect over the design and its practical realization, in compliance with the legislation in force on the copyright and neighbouring rights in the country;
  6. To prepare and present statements on adoption of new and amendment of legislative acts in force, related to the public works, the investment design and the building;
  7. To maintain the competition nature in the designing;
  8. To perform cooperation with similar professional organizations at European and international level;
  9. To perform cooperation with the higher schools for preparation of architects in order to organize qualification courses, postgraduate studying and courses for professional training, including training  in the European rules and standards;
  10. To establish rules for work and to assist conducting  probation work of designers with limited capacity;
  11. To perform any other permitted by the law activities, including such, provided further by this Statute, in view to the protection and defense of public prestige and the good image of its members.

Art. 5 (Amended 2007) While implementing its objectives, the Chamber has the following functions:

  1. Maintains and updates registers of persons with full designer’s capacity, which are published every year in Darzhaven Vestnik (DV);
  2. Maintains and updates the registers of the designers’offices;
  3. Maintains and updates registers of designers with limited designers’ capacity;
  4. Maintains and updates registers of foreign architects of EU, EEC, the Swiss Confederation and from third countries;
  5. Issues certificates for the relevant designers’ capacity;
  6. Monitors for the performance of the professional duties of its members and imposes punishments, provided by the law;
  7. Assists for solving disputes between its members, as well as between members and third persons;
  8. Adopts methods for setting the dimension of the remunerations for providing designer services.
  9. Establishes rules for exercising the profession by issuing ordinances, rules, etc. documents, related to the professional activity of the architects;

Art.  6 (Repealed 2007).

 

 

Chapter III

MEMBERSHIP, RIGHTS AND DUTIES

Art. 7.

(1)     (Amended 2007) The Architects, who have full designer’s capacity, are obligatory members of the Chamber.

(2)     For the architects, who have limited designer’s capacity, or do not practice designer’s activity, the membership in the Chamber is obligatory.

(3)     (New 2007) The architects, as provided by Paragraph 2, as well as the architects, whose full designer’s capacity is reduced, as provided by Article 230 of the Law on the Territory Arrangement, are members of the Chamber with reduced organization rights.

 (4)(New 2007) Maintaining membership in the Chamber of Architects in Bulgaria is an irrevocable condition for having full designer’s capacity

Art. 8. Member of the Chamber of architects in Bulgaria could be:

1. every Bulgarian citizen holder of diploma of higher education with speciality "Architecture", issued by an authorized higher school.

2. every foreign citizen holder of diploma of higher education for architect with educational-qualification degree "master", which conforms to the dispositions of the Law of the Chambers of architects and engineers in the investment projecting, the Law of territorial structure and the Law of higher education, in the conditions of corresponding reciprocity in their legislation.

Art. 9 (Amended with Darzhaven Vestnik, N 79/2006)The membership in the Chamber of architects in Bulgaria starts with entering the architect in the Chamber’s Register.

Art. 10. The members of the Chamber of architects in Bulgaria have the following rights:

1. to vote, to be voted into membership, and to participate in the activity of the administration bodies of the Chamber during the periods which are not under the restrictions of art.21, par.2 and 4 of the Law of the Chamber of architects and engineers in the investment projecting.

2. to dispute and to bear appeal against the resolutions of the administration bodies of the Chamber of architects in Bulgaria.

3. to put forward in the Managing Body proposals, recommendations and claims, related to the activity of the Chamber of architects in Bulgaria.

4. to get free of charge juridical consultations for copyrights or in connection with contracts for designs.

Art. 11. The members of the Chamber of architects in Bulgaria have not the following rights:

1. to contract and to make projecting out-of-limits of their legal designer's' capacity;

2. Amended with DV, N 79/2006) to violate the methods for setting the remunerations for presented designer’s services;

3. (Amended with DV N 79/2006) to the violate the professional code;

4. to sign another's design;

5. to admit un-loyal competition, monopoly and breach of the copyrights of another architect;

6. to coordinate and to confirm investment design or structural plan, which is not signed by a designer with the required designer's legal capacity;

7. to combine the work of a designer with a full designers' legal capacity with the work of a constructor, construction contractor or administrative employee;

8. to work under the terms of contracts which are not registered in the Chamber of architects in Bulgaria;

9. to act in the circumstances of a conflict of interests, including of related persons under the terms of § 1 of the Additional dispositions of the Trade Law, with regard to the activities and the functions according to this Statute, which are under restrictions, the Law of the Chamber of architects and engineers in the investment projecting, the Law of territorial structure or according to the principles of the professional ethics and the loyal competition.

Art. 12. The members of the Chamber of architects in Bulgaria have the following duties:

1. to work for the realization of the objectives of the Chamber of architects in Bulgaria, stated in the Law of the chambers of architects and engineers in the investment projecting and in the present statute;

2. to observe the Statute of the Chamber of architects in Bulgaria and to implement the resolutions of the General Assembly and the Managing Board of the Chamber of architects in Bulgaria;

3. to pay an affiliation fee when enter into the Chamber, and to pay in a regular way the due sums at the rate and the terms fixed by the managing bodies of the Chamber of architects in Bulgaria;

4. to register the projecting contracts according to a model approved by the Managing Board of the Chamber of architects in Bulgaria;

5. to inform the Chamber of architects in Bulgaria about the arise changes in the circumstances, related to their designer's legal capacity.

Art. 13. /1/ The membership in the Chamber of architects in Bulgaria is terminated in the following cases:

1. upon a personal request, declared in written form, before the corresponding body of the Chamber of architects in Bulgaria;

2. in the case of non-payment of the annual affiliation fee in the fixed delay;

3. in the case of the activity cessation of the Chamber of architects in Bulgaria;

4. in case of death.

/2/ In the case of membership termination, the Chamber of architects in Bulgaria is not obliged to restore property payments;

/3/ The persons with terminated membership have not the right to a real estate share in the case of liquidation of the Chamber of architects in Bulgaria.

 

 

Chapter 4

REGISTERS

(Title amended 2007)

 

Art. 13a (New 2007)

(1) For the implementation of the functions under Article 5, Points 1-4, a Standing Commission on the Register is establish under the Chamber.

(2) The Commission on the register contains a chairperson, two deputies and 4 members.

(3) The chairperson of the Commission is elected by the Managing board among the 10 members of the Managing board, elected by the General Assembly .

(4) The Commission composition is proposed by the chairperson and is voted by the Chamber Managing board.

(5) The Commission develops Rules for its operation, which is adopted by the Managing board.

(6). The Commission meetings are held every month.

(7) The Commission decisions are taken by an ordinary majority from the date of lodging the application for entering and are reported by its chairperson to the Chamber Managing board.

(8) The Managing board decision is a ground for entering into the register. The decision for refusal of registering is announced to the applicant within the term of 1 month and is subject to appeal to the control council within 14- day term from the date of its receiving.

(9) The Commission reports its activity to the Managing board.

Art. 13b (new 2007) (1). The Commission on the register establishes updates and keeps a single Register of the architects with recognized designer’s capacity and the designers’ offices.

(2). The Register consists of subregisters, which cover:

  1. persons with recognized full designer’s capacity
  2. designers’ offices
  3. persons with limited designer’s capacity
  4. foreign architects with recognized capacity form countries of EU, EEC, and the Swiss Confederation
  5. foreign architects with recognized capacity from countries outside the mentioned ones  in point 4, eligible in compliance with the Ordinance for mutual recognition of the professional qualification.

(3) In order to be entered into the Register, the applicants lodge an application according to forms, approved by the Chamber. The applications are lodged to the Managing board through the regional college. The regional college drafts a motivated proposal to the Commission on the Register, accompanied with the applicant’s application.

(4) The architects, entered into the Register, or offices receive documents for registration and a stamp, according to forms, approved by the Chamber.

Art. 13c (1) The Chamber members will not have registration every year. Grounds for striking off from the Register are:

1. a sentence, come into force for premeditated crime of general nature

2. not having paid the annual fee within the determined period.

(2) The architects, who are not members of the Chamber, must be registered every year and pay for this an annual fee in the amount, determined by the Chamber managing board.

(Articles 14-22 are repealed, 2007).

 

Chapter V

MANAGING BODIES

 

Section 1

Structure

Art.23. /1/ The Chamber of architects in Bulgaria is united organization on the territory of Republic of Bulgaria.

/2/ The Chamber has territorial sub-divisions, constituted in a mode and terms, regulated by the Law of the chambers of architects and engineers in the investment projecting and this Statute.

Art.24. /1/ The managing bodies of the Chamber of architects in Bulgaria on a national level are as follows: the General Assembly and the Managing Board

/2/(Amended 2007) Right of participating in the managing bodies of the Chamber of architects in Bulgaria have only the members meeting the requirements of art.21, par.2 and 4 of the Law of the chambers of architects and engineers in the investment projecting, for not more than two consecutive mandates of four years each in a regional or national managing body.

/3/(Amended 2007) For members of the Managing Body of the Chamber of architects in Bulgaria, the Control Committee and the Commission on disciplinary procedure could not be proposed nor voted in membership, members of central managing bodies of professional and branch organizations of other participants in the investment process.

/4/ No one has right to vote in the managing bodies in the case of matters related to himself or to the related persons, under § 1 of the Trade Law.

/5/ The Chamber of architects in Bulgaria is represented by the Chairman of the Managing Board.

 

 

Section 2

National bodies and Management

Art.25. (Amended 2007)The bodies of the Chamber of architects in Bulgaria on a national level are: The General Assembly, the Managing Board, the Control Committee and the Commission on disciplinary procedure.

Art.26. The Chamber of architects in Bulgaria is managed by a General Assembly, Managing Committee, operative direction and Chairman /President/.

Art.27. /1/ The supreme body of the Chamber of architects in Bulgaria is the General Assembly.

(2)(Amended 2007)The delegates to the General Assembly with justice are the members of the national bodies of the Chamber. The other delegates are elected by the General Assembly of each subdivision among its members with a full designer's legal capacity and with norm of representation - one delegate of every ten members.

/3/ Each deputy has the right to one vote.

/4/ Each member of the Chamber has the right to free access to the participation in the General Assembly with right of a deliberative vote.

Art.28.Powers of the General Assembly:

1.adopts, changes and completes the Statute of architects in Bulgaria;

2. (Amended by DV, N 79/2006)Elects and dismisses by secret vote ballot the chairmen and the members of the Managing Board, Control Committee and the Commission on disciplinary procedure;

3.adopts the program for the activity of the Managing Board of the Chamber of architects in Bulgaria and the budget for its performance;

4. determines the means, needed to achieve the objectives of the Chamber of architects;

5. ( Amended by DV, N 79/2006) adopts, changes and completes methods for defining the remunerations for provided designer’s services;

 6. (Amended by DV, N 79/2006) adopts, changes and completes the Professional code;

7. listens to, discusses and adopts the annual report for the financial incomes and expenses of the Chamber of architects in Bulgaria;

8. (Amended by DV, N 79/2006)considers and takes decision with regard to claims against resolutions of the Managing Board of the Chamber of architects in Bulgaria, Control Committee, the Commission on disciplinary procedure;

9. takes up a position on matters connected with the professional interests of its members;

10. takes decision concerning the real estates which are property of the Chamber;

11. Elects auditors and dispenses from responsibility the Managing Board.

Art.29. /1/ The General Assembly of the Chamber of architects in Bulgaria could be regular and extraordinary.

/2/ A regular General Assembly is convoked annually.

/3/ Extraordinary general assemblies are convoked by the Managing Board of the Chamber of architects in Bulgaria, upon its decision or by written request of at least 1/10 of the members. In the last case, if the Managing Board of the Chamber of architects in Bulgaria, within one month, does not send a written notice for convocation of a General Assembly, it could be convoked through the Court.

/4/ (Amended 2007) The Managing Board sends invitation for the convocation of the General Assembly, to all regional colleges and publishes it in the professional Medias, at least one month before the date of the assembly.

Art.30. /1/ The General Assembly is regular provided 2/3 0f the delegates attend it. In the case of quorum absence the General Assembly is postponed with one hour, and after that it takes place and is considered as regular, independently of the number of the present delegates.

/2/ The sessions of the General Assembly are public and are directed by the Chairman of the Managing Board and in his absence -by the vice-chairman.

/3/ The resolutions of the General Assembly are taken by simple majority of 50%+1 vote.

/4/ The resolutions under art.28, p.1 and p.6 are taken by majority of 2/3 of the votes.

Art.31. /1/ The Managing Board is a body of the Chamber of architects in Bulgaria which manages its activity in conformity with the dispositions of the Law of the chambers of architects and engineers in the investment projecting and the Statute.

/2/(Amended 2007)  The Managing Board of the Chamber of architects in Bulgaria includes: A Chairman, 10/ten/ members, elected by the General Assembly and the chairmen of the regional colleges. The members of the Managing Board are with a mandate of four years, for not more than two consecutive mandates.

/3/ For members of the Managing Board could be proposed and elected only members of the Chamber with full designer's legal capacity and efficient designer's experience during at least ten years.

/4/ Not allowed membership in the Managing Board of the Chamber of architects in Bulgaria for:

1.related persons under the terms of § 1 of the Additional Regulations of the Trade Law.

2.deputies, ministers and members of political bodies at ministries.

Art.32. /1/ (Amended 2007) The Managing Board of the Chamber of architects in Bulgaria has its sessions regularly every three months and takes decisions in the circumstances of an obligatory quorum of six members from the elected by the General Assembly and the half of the chairmen of the regional colleges.

/2/ An extraordinary session of the Managing Board is convoked by the Chairman or by written request of at least 1/3 of its members.

/3/ The sessions are held with written statements which are kept in a record book.

/4/ if a member of basic membership of the Managing Board falls off or is dismissed before the end of its mandate the membership is completed temporary with a person from the list with the draft proposals for his election by the previous General Assembly, according to the achieved votes. The new members have to be confirmed or replaced by others during the next General Assembly.

Art.33. (1) The Managing Board of the Chamber of architects in Bulgaria compose a Register's Commission, as well as other permanent or provisory committees in conformity with the current activities and adopts rules for their works.

(2) (Amended 2006) The Managing Board publishes quarterly reports on the activity of the commissions under p. 1 in the bulletin under art.6, p.7 of this Statute and in the internet site of the Chamber of architects in Bulgaria

Art.34. The Managing Board of the Chamber of architects in Bulgaria:

1. organizes the implement of the activity of the Chamber of architects in Bulgaria in conformity with the present Statute and the resolutions of the General Assembly and bears its responsibility for it;

2. realizes operative management of the Chamber throughout  the periods between the General Assemblies in conformity with the resolutions they took and according to its purpose under the terms of the Law of the chambers of architects and engineers in the investment projection and this statute;

3. takes care and makes all arrangements with regard to the real estate of the Chamber by observing the requirements of the Statute, realizes and renders account of its financial activity, prepares and presents the budget for discussion and adoption by the General Assembly;

4. reports on the activity before the General Assembly;

5. (Amended, DV N 79/2006) elaborates Methods for defining the remunerations for provided designer’s services and its alterations and publishes it after its confirmation by the General Assembly;

6. (Amended 2007) settles all matters of the Chamber, which are not of the exclusive competency of the General Assembly or of the regional colleges;

7. makes proposals and participates in initiatives for alterations and complement of normative documents in connection with the organization and the management of the investment process and has the role of a deliberative body of the legislative and state institutions;

8. co-ordinates the competition programs for structure planning and investment projecting;

9. makes popular the objectives and the tasks of the Chamber, the achievements and the problems of the architectural projecting;

10. realizes the information and the publishing policy of the Chamber. Creates, keeps and brings up-to-date internet site for the entire activity of the Chamber of architects in Bulgaria;

11. creates contacts with similar organizations and societies in the country and takes part in joint initiatives and activities, related to the architectural works;

12. establishes contacts with the Chamber of architects in other countries for mutual acknowledgement of the designer's legal capacity and the competent participation of the Bulgarian architects on the international designer's market;

13. adopts the Rules for the application of the Statute.

Art.35. /1/ (Amended, DV N 79/2006 and by a Decision of the Extraordinary General Assembly, January 2007). The Control council consists of chairperson and 6 members elected by the General Assembly by secret vote ballot.

/2/ The chairman of the Control Committee represents it before the other bodies of the Chamber. He is entitled to participate in the sessions of the Managing Board with right of deliberative vote.

Art.36. /1/ The Control Committee:

1. supervises the observance of the Statute and the implement of the resolutions of the General Assembly by the Managing Board;

2. makes proposals for cancellation of illegal or counter-statute resolutions of the Managing Board of the Chamber of architects in Bulgaria;

3. controls the financial activity of the Managing Board, and if need is, provokes financial revision;

4. gives conclusion about the annual report and the balance;

5. settles other matters which are in its competency;

/2/ The Control Committee reports on its activity before the General Assembly.

Art.37. /1/(Amended, DV N 79/2006 and by a Decision of the Extraordinary General Assembly, January 2007). The Commission on disciplinary procedure is a body which realizes the disciplinary procedures according to the present Statute;

/2/((Amended, DV N 79/2006 and by a Decision of the Extraordinary General Assembly, January 2007). The Commission on disciplinary procedure includes: one chairman and six members, elected by the General Assembly with secret vote ballot.

/3/ (Repealed by the Extraordinary General Assembly, January 2007 with the adoption of the text of Article 38, Paragraph 3, which is identical)

Art. 38 (Amended 2007) (1) The Commission on disciplinary procedure:

  1. follows the observation of the professional code;
  2. finds the violations and makes proposals to the Managing board for imposing punishments in compliance with the  Law on the Chamber of Architects and Engineers in the Investment Design (LCAEID) of the Chamber members;
  3. finds the violations and makes proposals to the Managing board for imposing punishments to persons, entered into the Chamber registers with the relevant designer’s capacity;
  4. examines complaints of third interested persons about violations, related to the observation of the professional code.

(2) ith a decision of the Chamber Managing board, the Commission of the disciplinary procedure may be assisted in its work by one or more competent lawyers, responding to the requirements for exercising the lawyer’s profession, or for occupying magistrate position, as provided by the Law on the Judiciary.

(3) The chairperson of the Commission on the disciplinary procedure may be present at the Managing board meetings with the right to a consultative vote.

 

 

Section III

REGIONAL COLLEGES

(Title, amended by DV, N 79/2006 and by a Decision of the of the Extraordinary General Assembly (EGA), January 2007)

Art.39. /1/ (Amended by DV, N 79/2006 and by a Decision of the of the Extraordinary General Assembly (EGA), January 2007)On the territory of the country are established Regional Colleges with members according to their permanent address. They exercise all the activities of the Chamber in conformity with the Law of Chambers of architects and engineers in the investment projecting and the Statute and according to the resolutions of the General Assembly and the Managing Board.

/2/(Amended by DV, N 79/2006). The Regional colleges are not juridical persons.

/3/ (Amended by DV, N 79/2006 and by a Decision of the of the Extraordinary General Assembly (EGA), January 2007The Sofia Regional College is composed of some architectural bodies.

Art.40. /1/ (Amended by DV, N 79/2006 and by a Decision of the Extraordinary General Assembly (EGA), January 2007) he managing bodies of the Regional Colleges of the Chamber are as follows: general assembly of the regional college and a Managing board of the regional college.

/2/(Amended by DV, N 79/2006 and by a Decision of the of the Extraordinary General Assembly (EGA), January 2007) Sofia Regional college convokes a district general assembly on a delegate principle - 1 delegate of 5 members.

/3/ .(Amended by a Decision of the of the Extraordinary General Assembly (EGA), January 2007). The regional college s represented by its chairman.

/4/ .(Amended by DV. N 79/2006 and by a Decision of the of the Extraordinary General Assembly (EGA), January 2007).The General assembly of the regional college:

1. elects and dismisses by secret vote ballot the chairmen and the members of the Managing Committee of the Regional College;

2. adopts the program for the activity of the Managing Board of the Regional college;

3. discusses and approves the annual report for the activity of the Managing Board of the Regional college as well as the annual report concerning the financial incomes and expenses;

4. considers and takes decision with regard to the claims against the resolutions of the Managing Board of the Regional colleges;

5. expresses position in connection with the professional interests of its members;

6. Elects delegates for the General Assembly of the Chamber of architects in Bulgaria.

/5/(Amended by DV, N 79/2006 and by a Decision of the  Extraordinary General Assembly (EGA), January 2007). Regular general assembly of the regional college is convoked annually.

/6/ (Amended by DV, N 79/2006 and by a Decision of the Extraordinary General Assembly (EGA), January 2007) Extraordinary general assemblies are convoked by the Managing Board of the Regional college on its opinion or upon written request of at least 1/3 of the members. If in the last case the Managing Board of the Regional college does not send invitation for general district assembly, this assembly is convoked through the Managing Board of the Chamber of architects in Bulgaria.

/7/ (Amended by DV, N 79/2006 and by a Decision of the Extraordinary General Assembly (EGA), January 2007). The managing board of the regional college is composed of at least three members, on the opinion of the General assembly of the regional college, and:

1. organizes the performance of the Regional college activity in conformity with the present Statute, the resolutions of the Managing Board of the Chamber of architects in Bulgaria, the resolutions of the of the general assembly of the regional college and bears responsibility for it;

2. realizes the operative management of the Regional college in the periods between the general assemblies, in conformity with their resolutions and according to its purposes under the terms of the Law of the chambers of architects and engineers in the investment projecting and this statute;

3. takes care and makes arrangements with regard to the property of the Regional college by observing the requirements of the Statute, realizes and renders account of the financial activity, elaborates and offers a budget to be discussed and adopted by the general assembly of the regional college;

4. renders account of its activity before the general district assembly;

5.(repealed by DV, N79/2006);

6. (repealed by DV. N 79/2006);

7.(repealed by DV, N79/2006);

8. registers the contracts of projecting in its territory;

9. controls the observance of the projection’s prices;

10. controls the observance of the requirements for needed designer's legal capacity;

11. controls the observance of the professional code by the members of the Chamber;

12. considers claims in connection with breaches of the professional code and copyrights;

13. realizes arbitration for out-of-court settlement of creative and professional disputes;

14. proposes to the Commission on disciplinary procedure resolutions in connection with penalties under the terms of this statute;

15. settles other matters of its competency.

 

 

Chapter 6

DISCIPLINARY VIOLATIONS AND PUNISHMENTS

DISCIPLINARY PROCEDURE

(Title, amended 2007)

Art. 41 (Amended 2007) For committed violations the Chamber members will bear disciplinary responsibility, as provided by Chapter VII of the LCAEID.

Art. 41a (New 2007) Disciplinary violation is the actio culposa of nonobservance of the obligations, provided by the LCAEID, the Statute, the Professional code, the decisions of the managing board and the Chamber General assembly, including:

1. providing designer’s services at prices, lower than their prime cost;

2. negligence, causing violation of the rights and lawful interests of the client;

3.constant negligence or incompetence while performing the professional duties;

4. concealing important circumstances while registering as a designer;

5. constant nonobservance of the duties as a chairperson, or member of a managing, control, or disciplinary body.

Art. 42 (Amended 2007) (1) Disciplinary procedure is formed upon complaints of CAB, citizens, or legal persons, upon signals of state and public bodies and organizations, and in relation to facts, published in the mass media.

(2) Anonymous signals may not be legal ground for forming a procedure.

(3) The disciplinary procedure is formed not later than 2 months after finding the violation and not later than one year from its committing.

(4) After finding the disciplinary violation, the Commission on disciplinary procedure is obliged to notify the Chamber member, who may give explanations within the term of 14 days after the notification.

(5) The Commission on disciplinary procedure pronounces a decision within the term of 1 month, after forming the procedure, and within the term of 3 days sends it, together with the file to the Managing board.

(6) The managing board pronounces a decision within the term of 2 months, which is adopted by a majority by more than the half of the total number of its members, and is announced by the chairperson.

(7) A Managing board member, who does not agree with the decision, signs it with a reservation, which is enclosed to the decision.

(8) The decision motives and the reservation motives are drafted and announced together with the decision.

(9) The decision is subject to appeal, as provided by the Administrative procedure code.

(Art. 43 is repealed 2007)

Art. 44 (Amended 2007) (1) the disciplinary punishments are imposed by the Managing board, taking in consideration the severity of the guilt, the infringed interests, the causes and conditions, brought to committing the violation, also, other extenuating or aggravating circumstances.

(2)The decisions for imposing disciplinary punishments are taken by secret voting.

Art. 45 ( Amended 2007) (1) For committed violations of the Professional code by CAB member, the punishment of : deprivation of full designer’s capacity is imposed for the term of up to one year and a fine of 2000 BGN;

(2) For violations of the Statute, the Managing board  of General assembly decisions, by a CAB member the punishment of :deprivation of the right to participation in the bodies of the relevant chamber, for the term of up to 5 years is imposed; a fine of up to 2000 BGN, or a reprimand is imposed;

(3) For providing designer’s services at prices lower than the prime cost by a CAB member, the punishment of : deprivation of full designer’s capacity for the term of up to 1 year, or a fine of 2000 BGN is imposed;

(4) For negligence, having caused infringement of the rights and lawful interests of a client by a CAB member, a punishment of fine of up to 2000 BGN, or a reprimand is imposed;

(5) For constant negligence, or incompetence while performing the professional duties of a CAB member, punishment of deprivation of full designer’s capacity for the term of up to one year, or a fine of 2000 BGN is imposed;

(6) For concealing important circumstances while registering as a designer of a CAB member, a deprivation of the right to participate in the relevant chamber bodies for the term of up to 5 years, or a fine of up to 500 BGN is imposed;

(7) In case of sistematicaly non-feasance  as chairman or member of managing, controling or disciplinary body a penalty is imposed–deprivation of the right to participation in the bodies of the relevant Chamber for a period of 5 years, fine up to 2000 BGN or note 

Art. 45a (new 2007) (1) In cases where the perpetrator is a member of a managing, control or disciplinary body, he/she does not participate in the operation of the relevant body by the announcement of the Managing board decision for imposing the punishment.

(2) In cases where the perpetrator is a person, registered in Chamber registers, but he/she is not its member, for committed violations by him, as provided by the LCAEID and the Professional code, he/she bears disciplinary responsibility as Chamber member, as provided by Article 31 of the LCAEID.

Art. 46 (Amended 2007) The imposed disciplinary punishments are noted in the personal file of the relevant Chamber member after the decision for imposing punishment has come into force.

 

 

Chapter VII

FINANCING

Art.47. The budget of the Chamber is elaborated for 1 year.

Art.48. The incomes of the Chamber are formed by:

1. lump-sum affiliation fees;

2. annual fees;

3. grants, assistances and other incomes;

4. financial assistance from the state;

5. financing from the founds of the European Union;

Art.49. /1/ Every candidate for membership in the Chamber is paying a single affiliation fee, at the rate fixed by the General Assembly of the Chamber of architects in Bulgaria;

/2/ In the case of membership restoration an affiliation fee, equal to the entrance affiliation fee is due.

/3/ The members of the Chamber pay annual affiliation fee at the rate fixed by the General Assembly in conformity with their designer's legal capacity.

/4/)(Amended 2007) With a proposal made by the Regional college, the Managing Board of the Chamber of the architects could cancel or admit payment in installments under par.3.

/5/(Amended 2007) From the architectural royalty of every contracted design, stated by the the Methods for defining the remunerations for provided designer’s services a deduction is made for the Chamber at the rate fixed by the General Assembly, which is paid in the account of the Chamber of architects in Bulgaria as it is stated by the Regulations for application of the Statute.

/6/ The data from the registered contracts are classified as business information.

Art.50. /1/ (Amended 2004, 2007)The payments under art.49, par.2 are lump-sum payments and they are collected through the board of the corresponding Regional college, as it is stated in the Rules for application of the Statute.

/2/ (Amended 2004, 2007)The financial incomes are divided between the Managing Board of the Chamber of architects in Bulgaria and the Regional colleges in proportion stated by the General Assembly of the Chamber of architects in Bulgaria.

Art.51. /1/ ( is repealed 2007)

/2/ (Amended 2004) The property of the Chamber includes right of property and limited real rights over the movable and immovable property; right of intellectual property, money and others.

/3/ (Amended 2004) The incomes and the property of the Chamber are used only for the realization of the objectives stated in the Law of the chambers of architects and engineers in the investment projecting and the present statute.

Art.52. The incomes and expenses of the Chamber of architects in Bulgaria are reported at the General Assembly.

 

                                                                             

ADDITIONAL PROVISIONS

§ 1. Under the terms of the present statute:

1. "The Chamber" or "the Chamber of architects in Bulgaria" is the "Chamber of architects" under the Law of chambers of architects and engineers in the investment projecting.

2. (Repealed by DV, N 79/2006)

§ 2. Every member of the Chamber of architects in Bulgaria with limited designer's legal capacity and full designer's legal capacity is holder of individual seal to seal his designs.

§ 3 (New 2007) (1) An architecture designer’s office is registered in the Chamber by:

  1. natural person, having designer’s capacity
  2. “Sole proprietor”  of a person, having designer’s capacity
  3. “Legal person”, complete ownership of natural persons with designer’s capacity

(2)For registering in to the register, the designer’s office enter a name, address, composition, head of office;

(3) The designer’s offices may not include persons, who are under the restrictions of the Labour code, the Law of the civil servant, co-owners, collaborators, shareholders or employees of traders with subject of activity: “building, trade with immovable property or trade with building materials”

(4) The designer’s offices enclose evidence for their registration to their design works.

 

TEMPORARY AND FINAL DISPOSITIONS

§ 3. The Chamber of architects in Bulgaria is constituted with the signing of the written statement and of the statute by the participants in the Constituent Assembly of the Chamber of architects in Bulgaria.

§ 4. The membership in the Chamber is available:

1. for the constituent members with the signing of the written statement of the general constituent assembly;

2. for all other architects - after their entering on the Register for full designer's legal capacity and the lists for limited designer's legal capacity and the list of the voluntary members;

§ 5. The delegates of the Constituent Assembly which are proposed for members of managing bodies, file in an affidavit declaring that they meet the requirements of art.12, par.3 and art.21, par.4 of the Law of the chambers of architects and engineers in the investment projecting

§ 6./1/ The Chamber of the architects in Bulgaria accepts the inclusion of the existing "Chamber of architects in Bulgaria", registered under the Law of the juridical persons with non-economical objective.

/2/ Takes the name "Chamber of architects in Bulgaria" and the trade mark.

/3/ The members of the existing " Chamber of architects in Bulgaria" registered under the Law of the juridical persons with non-economical objective on the grounds of art.12, par.3 of the Law of the juridical persons with non-economical objective, become automatically members of the Chamber of architects in Bulgaria under the terms of the Law of the chambers of architects and engineers in the investment projecting, with statute of voluntary members till their entering on the corresponding registers for designer's legal capacity.

/4/ The members with status quo by the date of coming into force of the Law of the chambers of architects and engineers in the investment projecting, who are members of the Chamber of architects in Bulgaria, registered under the Law of the juridical persons with non-economical objective, as well as those with interrupted membership before this date, which membership is at least 18 months, are not obliged to pay affiliation fees under art.50, par.1. The material assets under par.5 and their contribution with regard to the creation and the activity of the present Chamber will be considered as their affiliation fees.

/5/ Receives the official records and the property - assets and liabilities of the existing "Chamber of architects in Bulgaria", registered under the Law of juridical persons with non-economical objective, after its discontinuance.

§ 7. The matters which are not settled by this Statute will be settled by the General Assembly in conformity with the Law of chambers of architects and engineers in the investment projecting and the Legislation of Republic of Bulgaria.

§ 8. If an elected by the national constituent assembly member of the managing bodies of the "Chamber of architects in Bulgaria" does not obtain under art.22 of the present Statute a full designer's legal capacity, he is dismissed from the Managing Board and is replaced under the terms of art.32, par.4 of the Statute.

§9. The constituent assembly is a general assembly of the Chamber of architects in Bulgaria.

 

STATUTE

OF THE CHAMBER OF ARCITECTS IN BULGARIA

 
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