Registration of Engineers Act 1967 Malaysia Guide

Understanding the statutory regulations governing engineering practice in Malaysia is critical for property owners, joint management bodies (JMBs), building developers, and main contractors. The Registration of Engineers Act 1967 (Act 138), particularly following the landmark Registration of Engineers (Amendment) Act 2015, serves as the ultimate legislative framework safeguarding structural integrity, public safety, and professional ethics across our built environment.

By Ir Vimal, Professional Engineer | Published on October 5, 2026

Overview of the Registration of Engineers Act 1967 (Act 138)

Administered directly by the Board of Engineers Malaysia (BEM) under the purview of the Ministry of Works (Kementerian Kerja Raya), the Registration of Engineers Act 1967 sets stringent legal benchmarks for engineering practice. Its primary mandate is to protect public health, safety, and welfare by stipulating that only accredited, competent practitioners design, inspect, certify, and supervise infrastructure projects.

In property construction and asset management, the REA operates alongside key national statutes including the Street, Drainage and Building Act 1974 (Act 133), the Uniform Building By-Laws 1984 (UBBL), and the Strata Management Act 2013 (Act 757). Ensuring compliance under these acts requires thorough professional oversight, from preliminary ground investigations to structural condition surveys.

Key Changes Introduced by the 2015 Amendments

Gazetted to modernize engineering governance and align Malaysian professional services with global standards under the Washington Accord and international trade pacts, the 2015 amendments enacted substantial structural updates:

• Two-Tier Professional System: Formalized the distinction between a Professional Engineer (PE) and a Professional Engineer with Practising Certificate, establishing clear submission authority for municipal planning, local council approvals, and statutory Form G sign-offs.
• Broadened Regulatory Inclusivity: Brought previously unregulated roles such as Engineering Technologists and Inspectors of Works (IOW) under direct BEM statutory governance, closing quality assurance gaps on active job sites.
• Modernized Engineering Consultancy Practices (ECP): Allowed multidisciplinary practices and corporate ownership restructuring while ensuring registered professional engineers maintain controlling equity and voting rights on company boards.
• Stricter Enforcement Mechanisms: Bolstered the investigatory and disciplinary powers of the Disciplinary Committee to penalize professional negligence, fraudulent document stamping, and breaches of the BEM Code of Professional Conduct.

Statutory Registration Tiers under Board of Engineers Malaysia (BEM)

Understanding which tier of engineering professional to engage ensures compliance with local council (Pihak Berkuasa Tempatan – PBT) submissions and technical auditing standards:

Impact on Building Inspections, Defect Audits, and Structural Safety

In property development and strata asset management, engaging unaccredited inspectors introduces severe legal exposure. The Registration of Engineers Act ensures that diagnostic testing, forensic reports, and structural assessments adhere to recognized Malaysian Standards, such as MS EN 1992 (Eurocode 2 for concrete structures) and CIDB CIS 7 (Quality Assessment System in Construction – QLASSIC).

For residential, commercial, and industrial properties, standard building audits must follow accredited engineering protocols. Prior to major piling or excavation works, commissioning a certified Dilapidation Survey provides legally binding baseline condition evidence to resolve third-party structural damage disputes. When owners receive keys to a new property, conducting a comprehensive Property Defect Inspection (DLP) ensures valid evidence to hold developers accountable during the Defect Liability Period under the Housing Development (Control and Licensing) Act 1966 (Act 118).

When load-bearing structural members display shear cracks, concrete spalling, or deflection, engaging an accredited Structural Repair Consultancy ensures all remediation proposals comply with municipal guidelines under Section 85A of Act 133. Furthermore, conducting structural envelope assessments on aging high-rise buildings requires advanced aerial imaging via our specialized Façade & Roof Inspection (Drone), which efficiently pinpoints delamination, roof ponding, and exterior waterproofing failures without high-risk scaffolding.

Statutory Compliance, Disciplinary Powers, and Penalties

The REA strictly regulates who may offer engineering services in Malaysia. Under Section 24 and Section 25 of the Act:

• Unlawful Practice: Any individual practicing engineering or using the title “Ir.” or “Engr.” without valid BEM registration commits a criminal offense, punishable upon conviction by fines up to RM50,000, imprisonment up to three years, or both.
• Corporate Violations: Operating an unregistered body corporate claiming to provide engineering consultancy services exposes directors, partners, and managers to criminal prosecution and civil liability.
• Disciplinary Repercussions: Registered practitioners found guilty of professional negligence, signature fraud, or certifying falsified defect reports face license cancellation, suspension, financial penalties up to RM50,000, or formal public reprimand.

Engaging properly registered and experienced engineering professionals guarantees your building condition reports, structural evaluations, and defect surveys remain legally defensible in court proceedings, strata management tribunals, and municipal approval hearings.

Frequently Asked Questions (FAQ)

What is the difference between a Professional Engineer (PE) and a PE with Practising Certificate?

A Professional Engineer (PE) is fully certified to conduct engineering evaluations, structural analyses, and technical consulting. A Professional Engineer with Practising Certificate has passed additional professional competency examinations that legally license them to act as the official Submitting Person to municipal councils and government agencies for construction plan endorsements.

Why must building condition assessments be conducted by registered professionals?

Section 85A of the Street, Drainage and Building Act 1974 (Act 133) mandates that periodic inspections of buildings over ten years old must be completed under the supervision of a registered engineer. Reports generated by unaccredited individuals cannot be submitted to local councils and hold no standing in legal arbitration or insurance damage claims.

Can a defect inspection report be used in the Strata Management Tribunal?

Yes. A thorough technical report prepared and certified by registered engineering practitioners serves as admissible expert evidence before the Strata Management Tribunal (SMT) or civil court when pursuing developer rectification or addressing inter-floor water leakage disputes under Act 757.