ARCHITECTS REGULATIONS 2025

Registration year is the 12-month period starting on the day an architect is first registered under the Act, and each subsequent 12-month period on the anniversary of that date. This is important for CPD compliance: the obligation runs from registration date to registration date, not from 1 July or any calendar year. Architects registered at different times therefore have different compliance periods.

CPD points are accrued at 0.5 points per 30 minutes of participation in a specified CPD activity. Only multiples of 0.5 may be claimed; no other fractions are permitted. The total obligation is 20 points per registration year, which equates to 10 hours of CPD activity if all activity is counted at the standard rate. However, the requirement that at least 10 points come from formal activities means at least 5 of those 10 hours must be in formal settings (seminars, lectures, writing, etc.), and the competency area distribution imposes further constraints.

Formal CPD activities are those with a recognised educational structure: attending or delivering talks, seminars, lectures, or workshops (including by videoconference), developing tertiary-level architecture curricula, writing articles or books for publication, and undertaking assessment tasks as part of a tertiary-level architectural course. These activities must be conducted by a person with practical or academic experience in the subject. Informal CPD activities include self-directed study using materials aimed at architects, structured site visits, participating in mentoring programs, tutoring or marking at tertiary level, serving as an examiner for the Architectural Practice Examination, and serving on committees of professional associations, regulatory authorities, or government bodies.

The prescribed insurance policy is professional indemnity insurance of at least $1,000,000. This is the only insurance policy specified; there is no provision for excess layers, self-insurance, or alternative financial instruments. The exemption for government employees is narrow: it covers only work done as an employee of a Commonwealth, State, or Territory government. If the same architect does private work, that work is not exempt. The exemption for non-practising architects requires notification to the Board and ceases immediately upon recommencing practice in Australia.

Cancellation grounds are prescribed under section 20(h) of the Act. Two categories are added: breach of any applicable code of professional conduct, and conduct rendering the architect ineligible under section 13. The latter may include matters such as lack of prescribed qualifications, being disqualified from practising, or failing to meet character requirements.

These regulations directly affect every architect registered or seeking registration in the Northern Territory under the Architects Act 1963. Registration is possible for individuals, partnerships, and companies. The fee schedule imposes different costs for each entity type and for each registration period length (1, 3, or 5 years). Partnerships and companies pay higher fees than individuals: for a 1-year registration, an individual pays 114 revenue units, while a partnership or company pays 287 revenue units. Renewal fees are lower than initial registration fees for all categories.

Architects employed by any level of Australian government are exempt from the insurance requirement, but only for their government work. Those who also do private work must maintain separate PI insurance for that work. The CPD exemption applies only to architects who do not practise as an architect or provide architectural services in Australia for an entire registration year. This covers retired architects, those on parental leave, those working overseas, those unemployed, and those employed outside the architectural sector, but only if they do no architectural work in Australia at all during that year. If they do even one hour of architectural work in Australia, they lose the exemption and must complete the full 20-point CPD obligation.

Architects who are registered but do little or no work in Australia face additional administrative burdens: they must notify the Board each year that they did not practise in Australia. Failure to notify means they are not exempt from CPD or insurance requirements, even if they in fact did no work. This creates a trap for architects who leave the register while overseas or on extended leave and forget the annual notification obligation.

Architectural firms (partnerships and companies) are also directly affected: they must apply for registration and renewal, pay fees, and ensure that individual architects within the firm comply with CPD and insurance requirements. The regulations do not impose separate CPD obligations on firms themselves, but the firm’s registration could be at risk if its architects fail to comply. The fee for variation of registration terms (item 7 of Schedule 1) applies only to architectural partnerships, not to individuals or companies.

Every registered architect has the duty to hold professional indemnity insurance for at least $1,000,000 unless exempt. The exemption for government employees is limited to work done as a government employee; if the architect does any other architectural work, they must have separate cover. The exemption for non-practising architects requires proactive notification to the Board in the approved form; it is not automatic. An architect who ceases to be exempt (e.g., by recommencing practice) must obtain insurance before providing any architectural services.

Every registered architect must accrue 20 CPD points per registration year with the specified distribution: at least 10 from formal activities, at least 1 in each of the four competency areas. Points are claimed at 0.5 per 30 minutes; no other fraction is allowed. By the end of each registration year, the architect must give the Board a record of compliance in the approved form. The Board may later request further information, which must be provided within 14 days. The CPD obligation cannot be satisfied by simply practising architecture: the regulations explicitly state that engaging in architectural practice and providing architectural services are not CPD activities.

Architects have the right to apply for registration or renewal for periods of 1, 3, or 5 years. The longer periods offer lower per-year fees, which creates an incentive for architects who expect to remain registered to lock in a longer term. There is a right to seek variation of the terms of registration for partnerships (fee: 28 revenue units). There is also a right to notify the Board of non-practising status to obtain exemptions.

The duty to comply with any applicable code of professional conduct is enforced through the cancellation ground in regulation 9. The code itself is not set out in these regulations, nor is it incorporated by reference; it must be found elsewhere (likely issued by the Board or by the Architects Accreditation Council of Australia). Architects are deemed to have constructive knowledge of whatever code is applicable.

The regulations themselves do not create pecuniary penalties or offences. Enforcement flows through the cancellation provisions of the Act. Regulation 9 prescribes two additional grounds for cancellation under section 20(h) of the Act: breach of professional conduct code, and conduct making the architect ineligible under section 13. This means the Board can cancel registration where an architect contravenes a code of conduct, even if that conduct would not independently disqualify the architect. Similarly, if an architect becomes ineligible under section 13 (e.g., loses required qualifications, becomes disqualified in another jurisdiction, or is found not to be of good character), cancellation can follow.

Failure to maintain the prescribed insurance could also lead to cancellation under section 20 of the Act, because the Act requires insurance as a condition of registration. The exemption provisions are narrow; an architect who mistakenly believes they are exempt (e.g., because they do some overseas work but also do Australian work) faces cancellation.

CPD non-compliance is likely enforceable through the same mechanism. Regulation 7 says the CPD requirements are prescribed for section 18(1) of the Act. Section 18 of the Act (not reproduced here) presumably requires architects to meet prescribed CPD requirements; failure to do so is likely a ground for refusal to renew registration or for cancellation. The Board’s power to request information under regulation 7(1) is backed by a 14-day compliance requirement; failure to respond may itself be considered conduct warranting cancellation.

There are no monetary penalties in the regulations. However, the cost of non-compliance includes loss of the right to practise, which is a severe economic penalty for an individual or firm. The Board’s enforcement discretion is not constrained by the regulations, so there is a risk of inconsistent application. Architects should note that the definition of “registration year” runs from the individual’s registration date, not a uniform date, which could complicate Board surveillance of CPD compliance across the profession.

These regulations are made under the Architects Act 1963 (NT) and prescribe matters for specific sections of that Act: sections 4A(1)(b) (insurance), 12(4)(b), 15(4)(c), and 20B(5) (fees), 17(4) (exemptions from insurance), 18(1) and 18(2) (CPD), and 20(h) (cancellation grounds). The Act itself remains the primary source of the Board’s powers and the registration framework. Any changes to the Act (e.g., amending the insurance requirement or CPD obligations) would override these regulations.

The fee schedule uses “revenue units” rather than dollar amounts. The value of a revenue unit is set under the Fees and Charges Act (NT) or similar legislation, and may change from time to time. This means the actual dollar fees vary independently of these regulations. Architects must check the current revenue unit value to calculate the exact fee at the time of application.

The regulations do not address cross border practice with other Australian states or territories. An architect registered in another jurisdiction who wishes to practice in the NT must apply for registration under the NT Act. The CPD requirements may or may not be recognised reciprocally; the regulations are silent on mutual recognition or automatic exemption for architects who meet CPD in other states. The mutual recognition legislation (Mutual Recognition Act 1992 Cth and Trans Tasman Mutual Recognition Act 1997) may apply, but the regulations do not provide any automatic carve outs.

The insurance requirement is a minimum of $1,000,000 professional indemnity cover. This may interact with other legislation requiring higher cover for certain government contracts, or with policies that have aggregate limits. The regulations do not specify whether the $1,000,000 is per claim or in the aggregate, nor whether excess layers are acceptable. The narrow exemption for government employees may also interact with the Public Sector Employment and Management Act (NT) and government policies on indemnity for public servants.

The cancellation ground for contravening a “code of professional conduct” incorporates an external document. The code itself is not defined in these regulations; architects must locate the current code issued by the Board or the relevant professional body. This creates a potential due process issue: architects may be sanctioned for breaching a code they cannot easily access.

The Architects Regulations 2025 were made on 25 September 2025 and commenced the next day, 26 September 2025. They are a complete replacement of the earlier regulatory framework. Regulation 10 repeals the Architects Regulations 1965 (Subordinate Legislation No 1 of 1965) and three subsequent amending instruments: the Amendment of the Architects Regulations 1967 (SL No 7 of 1967), Amendment of the Architects Regulations 1984 (SL No 20 of 1984), and Amendment of the Architects Regulations 1992 (SL No 51 of 1992). Those instruments are listed in Schedule 3.

There is no transitional provision in these regulations. Any architect registered under the old regulations as at 25 September 2025 is automatically subject to the new regulations from commencement. Their existing registration period continues, but the new fees, insurance, CPD, and cancellation provisions apply immediately. The definition of “registration year” for existing registrants uses the anniversary of their original registration date, so their CPD obligations are already aligned.

Because the regulations are brand new as of September 2025, there have been no subsequent amendments. The instrument is current at the date shown in the source. Future amendments would be expected as fees are adjusted, CPD requirements are revised, or the code of conduct is updated. The fee schedule, especially, is likely to be amended if the revenue unit value changes or if the Board decides to alter fee levels.

The repeal of the 1965 regulations and their amendments means the entire prior regulatory history is replaced. Any case law or administrative decisions interpreting the old regulations may not be directly applicable to the new provisions, particularly where the wording differs (e.g., the CPD structure is new, the insurance amount may have changed). Practitioners should not rely on old interpretations.

The source text does not reference any litigation, and the regulations are newly made in 2025. There is no reported case law under these specific regulations. However, litigation under the predecessor regulations or under equivalent provisions in other jurisdictions may be relevant by analogy.

The most likely areas of future litigation are: disputes over whether an architect is “practising as an architect in Australia” for the purposes of insurance and CPD exemptions. The regulations do not define “practising” or “providing architectural services”. An architect who does occasional pro bono design work, or who acts as a consultant on a single project, could be said to be providing architectural services. The examples in regulation 6 (retired, practising overseas, on parental leave, unemployed, employed outside the sector) are non-exhaustive, so other situations may be contested.

Another potential litigation area is the adequacy of CPD records and Board requests for information. Regulation 7 allows the Board to require information about compliance. If the Board requests records and the architect fails to respond within 14 days, cancellation could follow. The boundaries of the Board’s power to demand information, and the standard of evidence required for CPD compliance, could be judicially reviewed.

Insurance disputes may arise where an architect claims exemption as a government employee but the work in question is not strictly within their duties as a government employee. The exemption is limited to “work done by the architect in the course of the architect’s duties as an employee of the government.” If an architect employed by a state government also teaches architecture at a private university, that teaching is not covered.

The cancellation ground for contravening a code of conduct may also generate litigation, particularly if the code is vague or changes without notice. An architect could challenge the application of a code that was not properly published or accessible.

The fee schedule is in revenue units, not dollars. An architect who calculates fees based on a historic revenue unit value may underpay. The current value must be checked with the NT Department of Treasury or the relevant revenue unit legislation. Overpayment is possible but unlikely to be refunded.

The CPD exemption for non-practising architects is not automatic. An architect who does no work in Australia for a full registration year must still notify the Board each year in the approved form. This is a trap for architects who go overseas, take extended leave, or retire but remain registered. If they fail to notify, they are not exempt and may be found to have not met the CPD obligation. The obligation to notify arises at the end of each registration year, not at the beginning, and must be repeated each year.

Only 0.5 fractions of a CPD point are allowed. This means an architect who does a 40-minute activity cannot claim a full point; they can claim 0.5 points. A 70-minute activity yields only 1.0 point (two 30-minute blocks plus a 10-minute remainder that counts nothing). There is no provision for rounding up. This encourages activities that align with 30-minute increments.

CPD points cannot be earned by practising architecture. This is explicitly stated. An architect cannot claim CPD for design work, project management, or client meetings, no matter how educational. All CPD must come from the listed activities. This is a significant limitation for experienced architects who learn on the job.

The competency area requirement means an architect must have at least one point in each of the four areas every registration year. An architect who does no project initiation or conceptual design work for a year (e.g., a specialist in construction documentation) still needs to find a way to earn a point in that area. This forces breadth in CPD that may not match actual practice.

The insurance exemption for government employees covers only work as a government employee. If that architect does any private work, even a small design for a friend, the PI insurance must cover that work. There is no de minimis exception. The architect must either obtain separate insurance or risk cancellation.

Cancellation can occur for breach of a code of professional conduct. The code is not reproduced in the regulations. An architect may be unaware of a particular code requirement and face cancellation for non-compliance. The regulation does not require the Board to publish the code, but it is “applicable to the architect” regardless of awareness.

The registration year is defined from the date of first registration, not a uniform date. Two architects registered one month apart have different compliance year ends. This complicates record keeping and Board audits. The CPD compliance record must be given to the Board by the end of each registration year, which is a different date for each architect.

An architect registered under the Act should take the following steps:

1. Determine your registration year. Identify the date you were first registered under section 14(1)(a) of the Act. Your registration year runs for 12 months from that date, and then each anniversary. Mark your calendar for the end of each registration year.

2. Maintain professional indemnity insurance. Obtain a policy that is professional indemnity insurance with a minimum cover of $1,000,000. Check the policy wording to ensure it covers the full scope of your architectural services in Australia. If you are a government employee and do no other architectural work, you are exempt, but keep evidence of your employment status. If you are not practising in Australia at all, notify the Board in the approved form to obtain the exemption and re-notify each year.

3. Plan your CPD activities each registration year. You must accrue 20 points, with at least 10 from formal activities and at least 1 in each of the four competency areas. Formal activities include attending or delivering seminars, writing for publication, and developing tertiary curricula. Informal activities include self-directed study, site visits, mentoring, and committee service. Ensure each activity meets the three conditions: significant intellectual or practical content, relates to a competency area, and is relevant to your professional development needs. Track your time in 30-minute increments; only claim 0.5 point per 30 minutes. Do not claim fractions other than 0.5.

4. Record your CPD. Keep a log of each activity: date, type (formal/informal), duration, competency area(s) addressed, and description of content. Retain evidence such as certificates, registration confirmations, or notes. By the end of each registration year, submit a record of compliance to the Board in the approved form. Be prepared to provide additional information within 14 days if the Board requests it.

5. Renew registration before expiry. Use the fee schedule to calculate the fee in revenue units, then convert to dollars at the current rate. You may choose a 1, 3, or 5 year renewal period. Longer periods reduce per-year cost but lock you into the current fee structure. Submit the correct fee with your renewal application.

6. Monitor the code of professional conduct. Obtain a copy of the current code from the Board or the Architects Accreditation Council of Australia. Ensure your conduct complies with all its provisions. Breach of the code is a ground for cancellation.

7. If you are not practising in Australia for an entire registration year, confirm that you did no architectural work or provide no architectural services in Australia during that year. At the end of the year, notify the Board in the approved form that you did not practice in Australia. Keep records to support this if challenged. If you recommence practice in Australia, immediately notify the Board and arrange insurance.

8. If you are a partnership or company, ensure your application for registration or renewal is accompanied by the correct fee (items 2, 3, 5, 6 of Schedule 1). For partnerships, a variation of terms costs 28 revenue units (item 7). Also ensure that all individual architects within the entity who are registered meet their personal CPD and insurance obligations; the firm’s registration can be jeopardised by non-compliance of its directors or partners.