BEM Code of Conduct for Malaysian Registered Engineers

01Statutory Framework: Registration of Engineers Act 1967

Engineering practice in Malaysia is strictly regulated under the Registration of Engineers Act 1967 (Act 138), read together with the Registration of Engineers Regulations 1990 (amended in 2003 and 2015). Operating under the administrative purview of the Ministry of Works, the Board of Engineers Malaysia serves as the sole statutory authority governing professional qualifications, registration tiers, and ethical conduct across the country.

Adherence to the BEM Code of Conduct carries statutory weight under Malaysian law. Any breach or professional deviation exposes practitioners to formal inquiries, fines, suspension, or complete deregistration under Section 15 of Act 138. This legislative mechanism integrates seamlessly with critical building and safety laws, including the Uniform Building By-Laws 1984 (UBBL), the Street, Drainage and Building Act 1974 (Act 133), the Occupational Safety and Health Act 1994 (OSHA/DOSH), and the Strata Management Act 2013 (Act 757). Together, these statutes establish that life safety and structural durability must never be compromised for commercial savings.

02Core Principles of the BEM Code of Conduct

The BEM Code of Conduct establishes clear ethical and operational guidelines across technical consultancy, engineering calculations, structural assessments, and site supervision.

1. Professional Integrity and Factual Reporting

Regulation 23 requires every registered Person to conduct himself honourably, responsibly, ethically and lawfully. Regulation 24 requires him to discharge his duties with due skill, care, diligence and good faith, and to hold paramount the safety, health and interest of the public. Circular No. 001 adds that a PEPC shall not falsify qualifications or misrepresent his responsibility in previous assignments, and must be objective and truthful in professional reports. Engineers are forbidden from exaggerating competence, fabricating project credentials, or omitting critical safety data. Every technical condition survey, structural audit, and certificate of completion must reflect accurate, verifiable findings derived from recognized engineering methodologies.

“A registered Professional Engineer with Practising Certificate shall approve and sign only those engineering documents that he has prepared or has been prepared under his direction and control.” (BEM Circular No. 001, para 1.1.5)

2. Competence and Defined Scope of Practice

A PEPC may submit plans only in the branch of engineering in which he is registered (section 8(2)). Circular No. 001 also says he shall undertake assignments only if qualified by education and experience in the specific technical field. A mechanical or electrical engineer cannot authenticate reinforced concrete structural stability calculations, nor can a civil engineer endorse complex industrial fire suppression systems without prerequisite qualifications. Where structural distress or material degradation is outside the engineer’s field, the engineer may need to refer the client to a structural repair consultant (see structural repair consultancy) and for non-destructive testing (NDT).

3. Confidentiality and Prevention of Conflicts of Interest

Regulation 25 requires registered persons to discharge their duties to an employer or client ‘with complete fidelity’. Design parameters, technical calculations, and proprietary client data collected during an engagement remain strictly confidential under the Code of Conduct. Engineers may not disclose privileged information without formal consent, except where mandated by statutory safety disclosures or court subpoenas.

Regulation 27 prohibits:

• canvassing or soliciting professional employment
• offering gifts or commissions to secure work
• advertising except as permitted by the Board
• providing services without a written agreement that clearly defines the scope
• offering or receiving any contribution intended to influence the award of a contract

Regulation 32 restricts registered engineers in an ECP from being directors or substantial shareholders of contracting or manufacturing businesses without the Board’s prior approval. Regulation 33 requires written disclosure to the client of any such interest.

03Who the Code Applies To

Part IV of the Registration of Engineers Regulations 1990 (Regulations 23 to 33, amended by P.U.(A) 173/2015) applies to every “registered Person”. Some rules are also written for Engineering Consultancy Practices (Regulations 27A, 29 and 31). In addition, BEM Circular No. 001 sets out a Code of Conduct for PEPCs and other registered persons, which applies “in addition to Part IV”. Breaches are dealt with by the Disciplinary Committee under section 15 of the Act. Its orders range from a written warning or reprimand, to a fine not exceeding RM50,000, to suspension of up to two years, to cancellation of registration.

Two further rules govern how registered persons treat one another. Regulation 26 prohibits maliciously injuring, or attempting to injure, the professional reputation, prospects or business of another registered Person. Regulation 31 prohibits supplanting, intervening in, or taking over the work of another registered Engineer or Engineering Consultancy Practice acting for the same client, unless that engineer has consented or the client has formally terminated the first engineer’s services in accordance with their contract.