The document discusses the role and responsibilities of architects. It defines a profession and outlines how occupations become professionalized over time. It describes architects as professionals who provide specialized, objective counsel and design buildings to improve the built environment. The document outlines architects' duties to act competently and with care, conduct themselves professionally, and interact appropriately with clients, contractors, officials and other professionals. It also discusses clients' responsibilities and circumstances under which architects could be liable for negligence or deficient services. Overall, the document provides a comprehensive overview of the professional standards and obligations of architects.

1. ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS, 1989
&
ARCHITECT’S PROFESSIONAL LIABILITY
MODULE 3- ROLE OF AN ARCHITECT IN SOCIETY

2. • A profession is an occupation founded upon specialized educational training,
• Purpose of which is:
– to supply disinterested objective counsel and service to others,
– for a direct and definite compensation,
– wholly apart from expectation of other business gain
• A profession arises through the process of professionalization when any trade or
occupation transforms itself through
– "the development of formal qualifications based upon education, apprenticeship, and
examinations, the emergence of regulatory bodies with powers to admit and discipline
members, and some degree of monopoly rights.“
• Major milestones which may mark an occupation being identified as a profession include:
1. an occupation becomes a full-time occupation
2. the establishment of a training school
3. the establishment of a university school
4. the establishment of a local association
5. the establishment of a national association of professional ethics
6. the establishment of state licensing laws
Profession & Professional

3. Architectural Profession
• The services rendered by architects have also
been covered by the relevant laws of the
country
– Professionals are required to discharge
their obligations and commitments
diligently and befitting with quality and
standards of services.
– The laws of the land mandate that the
professionals should provide services to
the consumers in a required manner
exercising duty of care and while doing
so they should not commit any
negligent act.
– In order to protect the interest of the
consumers against the breach of duty,
the deficient services have been defined
by the statute and legal actions have
been initiated on the erring
professionals.

4. The Royal Australian Institute:
"An Architect is a design professional who has chosen architecture as a career in
order to contribute to the improvement of the built environment by assisting
people to satisfy their need for an uplifting environment. The desire to raise the
quality of living and working conditions has been a prime force in the progress of
civilization from the beginning of recorded history. Improving the environment has
taken many forms over the centuries, ranging from intent to symbolize spiritual
and religious qualities to the nineteenth century's movements to improve the
health and living conditions of the urban poor. Besides aiming to change society
by improving the built environment the Architect is also a professional uniting art
and science by creating not only a beautiful environment but also an environment
which is structurally sound and which excludes inclement weather (i.e. an
environment which functions at all levels of experience from physical to spiritual)
Architects are professionals, like doctors, dentists, lawyers and engineers. They
are professionally qualified, legally registered and bound by a code of ethics".

5. What Council of Architecture says about the role of an Architect:
"The profession of architecture calls for men of integrity, business capacity and
artistic ability. The Architect is entrusted with financial undertakings in which his
honesty of purpose must be above suspicion. He acts as a professional advisor to his
client and his advice must be absolutely disinterested. He is charged with the exercise
of judicial functions as between client and contractor and must act with entire
impartiality. He has moral responsibility to his profession, associates and
subordinates.

6. • The public at large regards the architectural profession as being the creator of built environment.
• Although the Architect is firstly responsible to his client,
• without whom no building will materialize,
• he is however, by the very nature of his work ultimately responsible to people who use his
building.
• Our man-made environment, whether designed or not, will have repercussions on the
level of public health, welfare and safety.
• It is for this reason that the law [ Architect’s Act, 1972] stipulates that only
• properly qualified persons may call themselves "Architects" and practice architecture.
• A member of the public does not have an opportunity to satisfy himself as to the skills of an
Architect before commissioning him, except by judging from his past performance.
• Hence it is necessary that the profession undertakes to ensure reliability, competence and
integrity of its members in order to protect public interest’
• Members of public and executives of public bodies should select an Architect after knowing
his role thoroughly well,
• issue an appointment letter as recommended by Council of Architecture and
• ensure that he provides competent professional service in their own interest and
• in the best interest of users and occupiers.
Facets of the Architecture Profession

7. Engaging an Architect: Different Roles
• ENGAGING AN ARCHITECT:
• As a creative artist or a designer, the role
of an Architect is somewhat different than
that of a painter or a sculptor.
– Painters and sculptors do their work
with their money and labour. They
might offer their creations for sale or
public viewing
• An architect for his creations must have
clients who will entrust him with projects.
He therefore assumes a greater
responsibility; and is expected to give his
clients the best value for their money.
• In order to select the most appropriate
Architect for a building project a client
must understand the role an Architect
plays in designing and getting a building
project executed.
– instances of improper selection of
Architects leading to tremendous
financial loss, cost over-runs and
time over runs suffered by owners,
have been given.
• An Architect, particularly in a private practice performs many
different roles.
– The first and foremost is that of a creative artist and a
designer.
– The second is that of a coordinator who coordinates
the work of various consultants, contractors, and
specialized agencies connected with a building project.
– The third is that of an educator who educates the client
and the society at large, directly as well as indirectly.
– The fourth is that of an environmentalist who helps to
shape built environment without disturbing the
ecological balance.
– The fifth is that of a specialist who specializes in certain
aspects of architectural profession such as housing,
industrial buildings, health services, interior design,
acoustics, landscape design, valuation, arbitration,
heritage conservation, etc;
– The sixth is that of a Researcher who is always looking
for innovative ideas. He revives traditional concepts to
suit modem day requirements.
• Therefore, depending upon individual temperament an
Architect can decide to perform one or many of these roles
simultaneously during his career.

8. • Stages of Architect's services.
• There are five stages of Architect's services.
1. Preparing Client's Brief and designing buildings
2. Obtaining approvals before and during construction
3. Providing technical documentation to build the building
4. Providing periodical supervision during construction
5. Completing occupation formalities
The role of an Architect in the context of socio-economic development of India: ought to play a crusading
role of committed professionals.
• Architects must consider judicious use of available resources to ensure that the masses get the
maximum benefit of these meagre resources.
• Architects are expected to evolve innovative systems of building so that resources are conserved and
the living conditions are improved.
• Architects should be conscious of the needs and aspirations of all sections of our society, be they
economically poor, physically disabled or socially handicapped.
• Owing to rapid growth of our urban settlements and neglect of rural settlements, several factors
affect the man-made environment.
• 75% of our urban population cannot afford decent houses.
• Weaker sections of our society cannot afford to pay even subsidized rents.

9. • Client:
– It is imperative therefore that a strong relationship develops between the Architect and his
client.
– This relationship is based on mutual trust and respect.
– The Architect has to function as an advisor and a confidant, giving his client correct and
unbiased advice.
– He also functions as a representative of his client to a limited extent.
– It is his duty to see that his client's interests are safeguarded.
• Contractor:
– As a professional, an Architect cannot be a constructor or a builder for his client.
– He engages contractors to build the building under his personal supervision.
– The contractors invest their own money, time, labour and expertise in the project.
– They keep faith in the integrity of the Architect.
– The Architect must ensure that as long as the contractors do a good job by fulfilling their
duties as per the contract they should get a reasonable profit.
– It is important that the Architect is impartial and that he manages a project with absolute
fairness to both, his client as well as contractors.
Facets of the Architectural Profession: Interactions

10. • Other Professionals:
– An Architect requires help of several consultants while designing and executing building projects.
– It is a wise policy to appoint all the consultants at the preliminary design stage itself and continue their
services till the final completion.
– Such policy ensures successful implementation of a project and eliminates the need for compromises.
– Compromises can involve heavy expenditure and time over- runs.
• Public Officials:
– Prior to commencement of project and during the progress of the construction work, the Architect has to
deal with several public officials.
– It could be for securing building permits, release of controlled building material or for fulfilling statutory
provisions.
– While dealing with such officials the Architect must be conscious of the fact that officials have their own
duties, responsibilities and limitations.
– He must co-operate with them for speedy approvals by doing his part honestly and efficiently.
– Public officials react favorably if they are convinced that the Architect is not merely interested in securing
advantage for his client: but is also conscious of public welfare.
– At times, it becomes necessary to seek concessions from public officials owing to peculiar problems.
• While obtaining concessions, it may be necessary to make certain compromises.
• The Architect in such situations is expected to brief his client about implications of such
compromises.
• If he takes his client for granted and makes either compromises or commitments, he can land himself
in trouble.
Contd.

11. • Choosing the Right Architect:
– It must be remembered that once a building is built its users have to put up with it till it is demolished.
• The average life expectancy of a building is normally considered to be 60 years. This does not mean
that though structurally sound it may not become obsolete. It also does not mean that it will
collapse after 60 years.
– It is, therefore, important that a client selects an Architect with as much care as he would select a surgeon
or a lawyer or a chartered accountant
– A client can choose an Architect in one of the following ways:
1. Relatives and friends may recommend an Architect with whom they have worked and are satisfied
with his service
2. A reputed Architect known for his outstanding work may he appointed.
3. An Architect who has done similar specialized jobs successfully may be considered.
4. An Architect's firm which is conveniently located and considered suitable for the project may be
chosen.
5. The author of best design in a competition held under expert advice, as per the guidelines of Council
of Architecture can be commissioned for the project.
• Having selected an Architect, the client needs to interact with the Architect closely for the successful
completion of the project.
– Interaction between Client and his Architect: The Architect will need to know from his client:
• his needs, the amount he wants to spend, and the time span he has in mind.
• This information will form the basis of the "Client's Brief" which the Architect will then develop.
• If the client expects his Architect to do an excellent job he must not negotiate his fees. He will make
judicious use of all the resources and give his client a product which is "value for money":

12. • Architect's Responsibilities:
– An Architect must accept responsibility due to the confidence placed in his
judgment and integrity by his client.
– Acceptance of responsibility carries an obligation to carry out specified tasks in
a professional manner.
• Some Important Tasks & Responsibilities of Architects:
– Advisory- Giving competent and appropriate advice to client Service Providing
requisite data for construction Legal Advising about laws & rules governing
buildings
– Staff- Creating right conditions for effective working Co-ordinating- Ensuring
right order in a right manner
– Supervisory- Ensuring that the work is of desired quality (Day to day supervision
is not his duty)
• An Architect owes responsibility to the following:
– 1. His client
– 2. His profession
– 3. His own organization
– 4. His Design team
– 5. To the society at large

13. Architect's Professional Liability
• It was a constant desire and earnest request of the professionals that Council of Architecture being
a statutory body regulating the Architectural Education and Profession throughout the country,
should formulate guidelines on architect's professional liability.
• Also, it was often asked by the Architects why the legal actions were taken against architects
whenever buildings or any other built form collapsed of which they are the architects, without
inquiring their faults and circumstances leading to the collapse.
• The suo motu action against architects brought disrepute, embarrassment and mental agony to
them, at a time, when they were unconnected with reasons responsible for the collapse of building.
• Keeping this end in view, the Council prescribed guidelines on "Architect's Professional Liability“:
– to make aware of the architects and the owners and occupiers of the buildings
– in what manner and under which circumstances an architect should be held responsible for
the negligent act/ deficient services and;
– at the same time, it highlights the clients/ occupiers' duties and responsibilities to be
undertaken by them to preserve the longevity of the building.
• This document was approved by the Council of Architecture at its 40th meeting held on 12th & 13th
April, 2002,
– vide Resolution No.302, as guidelines to the Architects and user organisations / individual clients.

14. Architects Professional Guidelines
• 1.0 Professional Duties of Architect:
– 1.1 Service:
– "Service", as defined under Section 2 (1) (o) of the Consumer Protection Act,
1986, means service of any description which is made available to potential
users and includes the provision of facilities in connection with banking,
financing insurance, transport, processing, supply of electrical or other energy,
board or lodging or both, housing construction, entertainment, amusement or
the purveying of news or other information, but does not include the
rendering of any service free of charge or under a contract of personal service.
– Rendering professional service by an architect:
• falls within the ambit of "service".
• The relationship between the Client and the Architect is that of recipient
and provider of service.
• The professional services rendered by the architect mean the services
rendered pursuant to the Conditions of Engagement and Scale of Charges,
entered into between the Client and the Architect.

15. Contd.
• 1.2 Competence:
– An architect, being a professional, shall possess the required knowledge and skill i.e.
proficiency and competence for discharging his professional duties and functions.
– These are governed under the provisions of the Architects Act, 1972 and the Architects
(Professional Conduct) Regulations, 1989, framed thereunder.
• 1.3 Duty of care:
– It means duty to exercise utmost skill and care.
– When an architect offers professional advice/architectural services, implicitly undertakes
that he is possessed of the knowledge and skill for the purpose.
– Thus, an architect shall bring to his task a reasonable degree of knowledge and skill and
must exercise a reasonable degree of care.
• 1.4 Duties:
– The duties that are required to be performed by an architect for various types of
projects have been prescribed by the Council of Architecture under the Conditions of
Engagement and Scale of Charges for respective areas in the field of architecture.
– The documents stipulate the parameters within which the Architect is required to
function.
– However, the Conditions of Engagement and matters related therewith for a given
project shall be carried out in accordance with the terms and Conditions of Agreement
executed between the Client and the Architect.

16. • 2.0 Professional Conduct:
– An architect shall be required to comply with the standards of professional
conduct and etiquette and a code of ethics set out in clauses (i) to (xxv),
• read with exceptions covered by sub-clauses (a) to (h) of sub-regulation
(1) of Regulation 2 of the Architects (Professional Conduct) Regulations,
1989.
– Violation of any of the provisions of sub-regulation (1) constitutes a
professional misconduct.
• 3.0 Client's - Owner's/ Occupant's duties and responsibilities:
– The Owner or Client shall discharge all his obligations connected with the
project and engagement of the Architect in accordance with the Conditions of
Agreement as agreed upon.
– the Client(s)-Owner(s) / Occupant(s) upon completion of the building shall
maintain it properly to safeguard and preserve the longevity of the building.

17. • 4.0 Professional Negligence:
– 4.1 Negligence: "Negligence" of an architect means failure to take reasonable
degree of care in the course of his engagement for rendering professional
services.
– 4.2 Deficient Service:
• 4.2.1 "Deficiency", as defined under Section 2(1)(g) of the Consumer
Protection Act, 1986, means any fault, imperfection, shortcoming or
inadequacy in the quality, nature and manner of performance which is
required to be maintained by or under any law for the time being in force or
has been undertaken to be performed by a person in pursuance of a contract
or otherwise in relation to any service.
• 4.2.2 An architect is required to observe and uphold the Council's Conditions
of Engagement and Scale of Charges while rendering architectural services
– failure to provide any service/services that is/are necessary for discharge
of his duties and functions for the project for which he has been
engaged, amount to deficient service.

18. • 4.0 Professional Negligence:
– 4.3 Exceptions:
– An architect is not liable for any liability, if the damage to the building has occasioned
in the following circumstances :
• 4.3.1 Use of building for the purposes other than for which it has been designed.
• 4.3.2 Any changes/ modifications to the building carried out by the
owner(s)/occupant(s) without the consent or approval of the architect who
designed and/ or supervised the construction of the building.
• 4.3.3 Any changes/alterations/modifications carried out by consulting another
architect without the knowledge and consent of erstwhile architect or without
obtaining No Objection Certificate from him.
• 4.3.4 Illegal/unauthorised changes/alteration/ renovations / modifications carried
out by the owner(s)/occupant(s).
• 4.3.5 Any compromise with the safety norms by the owner(s)/ occupant(s).
• 4.3.6 Distress due to leakage from terrace, toilets, water logging within the vicinity
of the building and that would affect the strength/stability of the structure or
general well-being.
• 4.3.7 Lack of periodical maintenance or inadequate maintenance by the
owner(s)/occupant(s).
• 4.3.8 Damages caused due to any reasons arising out of `specialised consultants'
deficient services with regard to design and supervision of the work entrusted to
them, who were appointed/ engaged in consultation with the Client.
• 4.3.9 Damages caused to the building for the reasons beyond the control of the
architect.

19. • 5.0 Professional Negligence and Deficiency in Services - Professional Misconduct :
– Any person aggrieved by the professional negligence and/ or deficiency in services
provided by the architect, the matter shall be referred to the Council of Architecture
under Rule 35 of the Council of Architecture Rules, 1973, to adjudicate whether the
architect is guilty of professional misconduct or not.
• 6.0 Professional Liabilities:
– 6.1 Indemnity Insurance: The architect is required to indemnify the client against losses
and damages incurred by the client through the acts of the Architect and shall take out
and maintain a Professional Indemnity Insurance Policy, as may be mutually agreed
between the Architect and the Client, with a Nationalised Insurance Company or any
other recognized Insurance Company by paying a requisite premium.
– 6.2 Maintenance of Record: The architect is required to maintain all records related to
the project for a minimum period of 4 years after the issuance of Certificate of Virtual
Completion.
– 6.3 Duration: The architect's liability shall be limited to a maximum period of three years
after the building is handed over to / occupied by the owner, whichever is earlier.

20. • 7.0 Nature of Liability:
– An architect is liable for the negligent act which he committed in the performance of his
duties. The action against an architect can be initiated by the Client on satisfying the
following conditions :
• (a) There must exist a duty to take care, which is owed by an architect to his client.
• (b) There must be failure on the part of an architect to attain that standard of care
prescribed by law, thereby committed breach of such duty;
• and
• (c) The client must have suffered damage due to such breach of duty.
• 7.1 Disciplinary action under the Architects Act, 1972
– If an architect is found guilty of professional misconduct, he is liable for disciplinary action
by the Council of Architecture under Section 30 of the Architects Act, 1972.
• 7.2 Civil and Criminal action in the Courts of Law
– 7.2.1 The disciplinary action taken by the Council of Architecture against the architect who
has been found guilty of professional misconduct does not absolve him of his liabilities
under the Code of Civil Procedure,1908 and the Code of Criminal Procedure,1973, if any.
– Some of the relevant laws include, The Law of Torts, The Consumer Protection Act, 1986
and The Indian Penal Code 1860, etc.
– * Prescribed under regulation 2(1)(xii) of the Architects Professional Conduct Regulations,
1989. This revised document was approved by the Council of Architecture at its 40th
Meeting held on 12th and 13th April, 2002, vide Resolution No. 303.

21. • The Council has laid down a code of conduct for Architects.
– To ensure, that by engaging the services of a qualified Architect registered with Council of
Architecture, a client will get proper professional advice, service and "value for money".
• The Council of Architecture in Architects' (Professional Conduct) Regulations, 1989 states the
following, about the role of an Architect.
– Professional service is essentially a personal one, but the comprehensive responsibilities
are often fulfilled in co-operation with members of other professions.
– It is the Architects function to advise on the need for other professionals and he is
responsible for the direction and integration of their work with that of his own.“
• The Council of Architecture has laid down standard terms for comprehensive architectural
services in its document entitled Architects' Professional Conduct Regulations, 1989.
• It has also laid down in the same document standard scale of remuneration for such
comprehensive services along with a model Letter of Appointment.
• Hence appointing an Architect registered with Council of Architecture is a sufficient guarantee
to a client that he will get proper professional service.
– However, if the client tries to negotiate the fees with an Architect, he is taking the risk of
inferior professional service which may result into a badly-designed project involving cost
over-runs and time over-runs.
– If such a client makes a complaint against the Architect to Council of Architecture or to a
Consumer Forum for "Deficient Services" he may not get the expected relief.

22. Architects (Professional Conduct) Regulations, 1989
• The Council of Architecture, with the approval of the
Central Government, has made the following
regulations to promote the standard of professional
conduct/ self-discipline required of an Architect

23. Sub-Regulation 1

26. Regulations regarding advertisement of professional services:

27. Sub-Regulation 2 & 3

28. • Conditions of Engagement and
• Scale of Charges
under the
Architects (Professional Conduct) Regulations, 1989

29. • The Council of Architecture has prescribed the Conditions of Engagement and Scale of
Charges under the Architects (Professional Conduct) Regulations, 1989.
– It has prescribed the Conditions of Engagement based on general practice of the
profession in India.
– The documents stipulate the parameters within which the Architect is required to
function.
• These define:
– the responsibilities,
– scope of work and services, and
– prescribe the mandatory minimum scale of professional charges
– with a view to making the Client fully aware of the duties and services
which he may expect from the Architect.
– The professional services required by the Client may not be comprehensive in
scope in all cases and accordingly a clear understanding between the two must be
arrived at.
– These documents are applicable to all registered architects and such architects
who have specialized in areas such as:
• Structural Design, Urban Design, City Planning, Landscape Architecture,
Interior Architecture and Architectural Conservation.

30. Comprehensive Architectural Services
• 1. SCOPE OF WORK
– The Architect is required to provide services in respect of the following :
– Part I - ARCHITECTURE :
1 Taking Client's instructions and preparation of design brief.
2 Site evaluation, analysis and impact of existing and / or proposed development on its immediate
environs.
3 Design and site development.
4 Structural design.
5 Sanitary, plumbing, drainage, water supply and sewerage design.
6 Electrical, electronic, communication systems and design.
7 Heating, ventilation and air conditioning design (HVAC) and other mechanical systems.
8 Elevators, escalators, etc.
9 Fire detection, Fire protection and Security systems etc.
10 Periodic inspection and evaluation of Construction works.
– Part II _ ALLIED FIELDS :
11 Landscape Architecture
12 Interior Architecture
13 Architectural Conservation
14 Retrofitting of Buildings
15 Graphic Design and Signage

31. Schedule of Services :
The Architect shall, after taking instructions from the Client, render the following
services:
• STAGES 1-7
STAGE 1

32. STAGES 2-5

33. STAGE 7
STAGE 6
2.16 Prepare and submit completion reports and drawings for the project as required and assist the Client in
obtaining "Completion/ Occupancy Certificate" from statutory authorities, wherever required.
2.17 Issue two sets of as built drawings including services and structures.

34. • Extract from Council of Architecture's publication
• "The Council of Architecture has reviewed the matter of the appointment and the
fees of Architects in depth, Our effort has been to cover all foreseeable situations and
to establish a clear understanding of services and responsibilities.“
• In order to facilitate engagement, a standard letter of appointment based
upon standard terms of engagement has been evolved.
• The fees are based on the efforts involved in preparing designs, the cost
involved in making drawings and other documents, the cost of supervision in
terms of time and adequate compensation for responsibilities undertaken by
the Architect.
• Architects are advised to follow these conditions of engagement and fees for
comprehensive services.
• These conditions are for the mutual benefit of both the client and Architect.
• They stipulate the minimum fees for which the Architect undertakes to
provide comprehensive professional services.

35. PROFESSIONAL FEE & SCHEDULE OF PAYMENT :

36. • * Current value of M is INR 1000

38. EFFECTING PAYMENT TO THE ARCHITECT

40. Clients Role and Responsibilities

41. Scale of Charges

42. Scale of Charges- Other than Housing

43. Scale of Charges- Site Development

44. Scale of Charges- Urban Design, Interior Design
& Landscape Architecture