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.
Key provisions of Malaysia’s Registration of Engineers Act 1967 and its 2015 amendment: registration, responsibilities and disciplinary rules.
- 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.
- In property development and strata asset management, engaging unregistered persons for professional engineering services is an offence under the Act.
01Overview 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 providing for the registration of engineers, engineering consultancy practices and related categories, and restricting the submission of engineering plans to PEPCs and ECPs.
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.
02Key Changes Introduced by the 2015 Amendments
The Registration of Engineers (Amendment) Act 2015 (Act A1479) introduced, among other changes, the PEPC category, the registration of Engineering Technologists and Inspectors of Works, and new forms of Engineering Consultancy Practice. The main updates were:
- 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 bodies corporate to register as ECPs under s7A or, for multi-disciplinary practices with Architects or Professional Quantity Surveyors, under s7B. Regulation 34A requires:
- a s7A body corporate to have minimum paid-up capital of RM50,000 and at least 70% of its equity held by PEPCs
- a s7B body to have minimum paid-up capital of RM150,000 and at least 60% of its equity held by PEPCs together with Architects or PQS, with at least 10% held by PEPCs
Regulation 34B requires at least two-thirds of the board of directors to be PEPCs (s7A), or PEPCs with Architects or PQS (s7B).
- 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.
03Statutory 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:
| Registration Category | Statutory Qualification Criteria | Authorized Scope of Practice |
|---|---|---|
| Graduate Engineer | A qualification recognised by the Board (EAC-accredited, Washington Accord or a listed case route). | May take up employment which requires him to carry out or perform professional engineering services (subject to section 8); gains the practical experience required by Regulation 22. |
| Professional Engineer (PE) | Registered as a Graduate Engineer with at least 3 years’ practical experience (Reg 22), and has passed one of: the Professional Assessment Examination (Route A); for a PE from an overseas regulatory body, the Code of Conduct Assessment (Route B); or Corporate Membership of IEM (Route C). | Designs, audits, calculates, signs internal technical reports, and delivers expert structural integrity evaluations. |
| PE with Practising Certificate | A registered PE who has passed the PCE and complied with the Board’s requirements (s10D), and who has resided in Malaysia for at least six months before applying (s10(4)). Registered under s10D; submits plans only in the branch in which registered (s8(2)). | Acts as statutory Submitting Person (SP) to submit engineering drawings, structural calculations, and building plans to local authorities (OSC/PBT). |
| Accredited Checker | A PEPC in the relevant branch with not less than ten years’ relevant practical experience in the design and construction of buildings, as provided under the Street, Drainage and Building Act 1974. | Performs independent verification and validation of structural stability and geotechnical slope calculations under Act 133. |
| Engineering Technologist | Recognized bachelor degree in engineering technology (Sydney Accord). | Registered under s10C on a qualification recognised by the Board (ETAC / Sydney Accord). |
| Inspector of Works (IOW) | Holds a qualification recognised by the Board (s10E). | Stationed on-site for continuous surveillance, quality assurance checks, and material compliance verification. |
04Impact on Building Inspections, Defect Audits, and Structural Safety
In property development and strata asset management, engaging unregistered persons for professional engineering services is an offence under the Act. 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, building audits should follow recognised engineering procedures. Prior to major piling or excavation works, commissioning a professional Dilapidation Survey provides independent baseline condition evidence to resolve third-party structural damage disputes. When owners receive keys to a new property, a Property Defect Inspection (DLP) records defects so they can be reported to the developer within 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, a registered engineer can assess the damage and prepare repair proposals for the relevant authority (see Structural Repair Consultancy). On older high-rise buildings, drone imaging (see Façade & Roof Inspection (Drone)) can record the condition of façades and roofs, such as signs of delamination, roof ponding and waterproofing failures, without scaffolding.
05Statutory 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: Under section 7, only PEs and PEPCs may use the abbreviation ‘Ir.’ before their names, and only Graduate Engineers may use ‘Grad. Eng.’. Under section 24, misusing these titles or practising without registration is an offence. On conviction it carries a fine not exceeding RM50,000, imprisonment for a term not exceeding 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: Under section 15(1A), the Disciplinary Committee may order any of: a written warning or reprimand; a fine not exceeding RM50,000; suspension of registration for a period not exceeding two years; or cancellation of registration. Under section 15(3), registration may also be suspended for up to six months pending investigation. Section 25 provides a general penalty of a fine not exceeding RM10,000, imprisonment not exceeding one year, or both. Where a body corporate commits an offence, its directors and officers may also be liable.
Engaging properly registered and experienced engineering professionals helps ensure your building condition reports, structural evaluations, and defect surveys are robust and 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 registered to conduct engineering evaluations, structural analyses, and technical consulting. A Professional Engineer with Practising Certificate has passed the Professional Competency Examination and is registered as a PEPC under section 10D, which entitles 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.
Can a defect inspection report be used in the Strata Management Tribunal?
Yes. A thorough technical report by registered engineering practitioners can be prepared to a standard suitable for use as 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. Whether a report is admitted is always for the court or tribunal to decide.
Pro Inspect Solution, led by Ir Vimal, provides professional building condition assessments, structural integrity audits, handover defect inspections, and professional engineering advisory across Malaysia.
Leads building inspection, concrete assessment and defect investigation work at Pro Inspect Solution, turning site findings into clear, practical guidance for owners, JMBs/MCs, developers and contractors. LinkedIn
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