New Mexico law defines the practice of architecture as rendering or offering to render any service which requires architectural education, training and experience in connection with the design construction, enlargement or alteration of a building or group of buildings and the space within and surrounding those buildings, which have as their principle purpose human occupancy or habitation. Services performed in the practice of architecture include planning; providing preliminary studies, designs, drawings, specifications, other technical submissions; the observation of construction for the purpose of assuring substantial compliance with drawings and specifications; and such other professional services necessary to the planning, progress, and completion of any architectural services.

You do not have to hire an architect for every building project. Current New Mexico law provides that persons who are not licensed as architects or civil or structural engineers can design certain types of buildings or parts of buildings. Generally, persons who are not engineers or architects can design:

• single-family dwellings which are not more than two stories in height;


• multiple dwellings containing no more than four dwelling units which are of woodframe construction not more than two stories in height and not more than four dwelling units per lawfully divided lot;


• garages or other structures added to dwellings described above which are not more than two stories in height;


• certain commercial buildings having an occupant load of less than 10.



Despite these exemptions, the local building official has the right to require the seal of an architect or engineer if the building official determines a seal is mandated for the structural integrity of the building and/or the safety of the public. Examples of such instances include, but are not limited to, retaining walls, alternate materials or methods, and construction utilizing a wood foundation or steel members.

Before you hire someone to design a new structure or alter an existing structure, you should consult the local building official in your city or county building department. The building official will advise you if your project is exempted from seal requirements or if a licensed architect or engineer will be required to design and submit plans and write specifications. You may save time and money by first discussing your plans with the official. If plans are rejected because a building official has required a seal, an architect cannot simply review and seal the already prepared drawings. Under the Architectural Act, all plans sealed by an architect must be prepared by the architect or under the architect's direct supervision.

Residences of more than two stories are not exempted from seal requirements. Any such residence with a valuation exceeding $400,000 requires seals of both an engineer andarchitect.

A person who uses the title of architect must be registered as an architect with the New Mexico Board of Examiners for Architects . The NMBEA registers only individuals, not firms. In order to obtain a registration, an architect must be of good character and repute, have a professional degree from an accredited architectural program, demonstrate a basic level of competence on the required written and/or oral examinations and provide evidence of at least eight years of education and experience including qualification in design for seismic forces.

Persons who represent themselves as architects must be registered with the New Mexico Board of Examiners for Architects, must seal all work submitted for permitting including work generally exempted from seal requirements, and are responsible for violations of the Architectural Act. All plans sealed by an architect must be prepared by the architect or under the architect's direct supervision.

Individuals who are not New Mexico registered architects may not use the term "architect" or any derivation of the word "architecture" to imply or create the implication that they engage in the practice of architecture as defined by the Architectural Act.

However, not all employees of firms that offer "architectural services" are necessarily architects. A partnership which offers "architectural services" must have one partner who is a registered architect.

Under current law, "architectural services" also may be offered by associations, corporations or other business entities if there is a registered architect, not necessarily an employee, who is in responsible charge of the architectural activities of the firm with the authority to bind the firm by contract. All architectural plans, designs, drawings, specifications and reports issued by or for the firm must bear the seal and signature of a registered architect who prepared the work or directly supervised its preparation. But note, since there are exemptions from seal requirements (see below), a firm may have such plans prepared by a person who is not an architect and who is not supervised by an architect even though the firm offers "architectural services".