RIBA Client Guide Architect 2013 EdnV5

Licensed copy from CIS: GBS03, Mouchel Limited, 21/06/2013, Uncontrolled Copy.
A clients guide to engaging an architect
If you need to know about engaging the services of an architect, this

RIBA guide is for you. Straightforward and completely up to date,
it sets out everything that you as a client whether for domestic,
commercial, small or large projects needs to be aware of.
A clients guide to
engaging an architect
As well as explaining the considerable added value that the right

architect can bring to the success of your project, the guide talks
you through the formal appointment mechanisms that architects as
professionals will expect to transact with you. General background
information outlining the importance of the brief and project
management is supported by an explanation of the industrystandard RIBA Plan of Work 2013. Importantly, the various options
for calculating fees are described. Finally, the guide briefly introduces
you to other major legislation affecting your project.
Aimed at all construction clients especially those who have never
carried out this role before this guide offers a quick and easy
overview of the value, mechanisms and context of appointing your
architect.
ribabookshops.com
Front cover: Bogbain Mill, Lochussie RIBA Award Winner 2012. Andrew Lee / Rural Design
9Y Client's_Guide_Engaging_Cover_2013.indd 2-3
Royal Institute of British Architects
26/04/2013 16:03
A clients guide
to engaging an
architect
May 2013 Revision
RIBA_Client_Guide_Architect_2013_ednV5.indd 1
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Contents
RIBA Chartered Architects
Added value
The architects contribution to your project extends far beyond
form and aesthetics. It can influence the perception, performance
and value
Appointing your architect

The RIBA publishes a range of flexible Appointment Agreements
suitable for use with projects of any size and complexity
Developing the brief

The basis for turning your aspirations into a deliverable project
11
Project leadership
Whether it is just you with an architect and a builder or a
multidisciplinary team with architects, engineers, surveyors,
contractors and sub-contractors
13
The RIBA Plan of Work 2013

Organises the process of designing, constructing, maintaining and
operating building projects into a number of key stages
16
Fee options
The fee is a matter for negotiation: there is no standard or
recommended basis for calculation
18
Legislation
23
The law relating to construction work, such as building regulations,
planning, the terms of construction contracts, etc.
Other RIBA Client Guides
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RIBA Chartered Architects
RIBA chartered architects

Architects Act 1997
In the UK a person cannot practise or carry on a business under any name,
style or title containing the word architect unless he or she is registered with
the Architects Registration Board (ARB). The list of ARB registered architects
can be checked on the ARB website (www.arb.org.uk).
The Architects Registration Board (ARB) Architects Code: Standards of
Conduct and Practice came into effect on 1 January 2010.
The code is intended as guidance for architects in their professional lives, and
the ARB can take action against those who fall short of the codes standards.
By doing so, the integrity of the profession is maintained, and members
of the public can be confident that in hiring an architect for their building
project, they are securing the services of a genuine professional.
For more information about the ARB Code of Conduct and professional
standards, visit the ARB website.

Founded in 1834, and awarded its Royal Charter in 1837, the Royal Institute
of British Architects (RIBA) is the UK charter body for architecture. The RIBA
champions better buildings, communities and the environment through
architecture and its members.
The RIBA also maintains a code of conduct and expects its members to
work with integrity and honesty. In turn, architects will expect their clients
to be honest with them and provide accurate information relating to the
circumstances of their project (regarding ownership rights and boundaries,
forexample).
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For further information:
visit the RIBA website: www.architecture.com and select Find an

architect for directories of all chartered members of the RIBA and RIBA
Chartered Practices; or
visit www.ribafind.org; or
call RIBA Client Services on 020 7307 3700.
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Added value
Added value
This guide is designed to show how an architect can bring benefits to your
project, and pave the way for its successful delivery. It gives an introduction to
the services that an architect may provide and to the terms of an
architectclient agreement
An RIBA Chartered Architect will supply you with much more than just the
drawings for your project, whether it is a design for your home or your
business or a master plan for future developments.
You and your team will be fully involved in creating a tailored solution for your
requirements. An architect has the experience to see your project safely through
design, planning and building regulations, and construction to completion.
A sound working relationship between you and your architect will contribute
significantly to the success of a project. Time spent in preliminary discussion
about the requirements, the timetable, the budget, and the nature and cost of
professional resources required and their cost, is time well spent.
Your architect can provide a range of services. For a building project, these
include:
investigating the feasibility of the requirements
developing design proposals
applying for statutory approvals
preparing construction information
obtaining tenders for building work
administering a building contract.
An architect works with a broad palette of skills and can provide or arrange
other services connected with the project such as interior design, landscaping
or making measured surveys of a site or building.
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Your architects skills are not only relevant to a building project but may be
applied to related issues, including such diverse matters as strategic planning
for a property development company and the design or selection of furniture
and fittings.
RIBA Chartered Architect

Architects practising in the UK who are registered with the ARB and are
also Chartered Members of the RIBA are entitled to describe themselves as
Chartered Architects and to use the suffix RIBA after their name. A directory
of all Chartered Members of the RIBA is provided on the RIBA website
(www.architecture.com).
Appointing a RIBA Chartered Architect for your project provides you with
assurance that your architect:
has satisfied the stringent standards of educational qualifications and
practice experience required for Chartered Membership of the RIBA
is committed to the shared professional and learned values of the RIBA
maintains his or her professional standards in practice through

compliance with the RIBAs mandatory requirements for continuing
professional development (CPD)
has access to the extensive knowledge base of the RIBA.
RIBA Chartered Practice Scheme

The RIBA has developed a quality accreditation scheme for architectural
practices. All accredited RIBA Chartered Practices must have:
appropriate professional indemnity insurance
a minimum ratio of RIBA Chartered Architects on their staff
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Added value
a quality management system
a health and safety policy
an employment policy
CPD for all their staff
an environmental management policy
completed annual RIBA Business Benchmarking.
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A member of the RIBA is required by the Code of Professional Conduct to
record the terms of any appointment before undertaking any work, and to
have the necessary competence and resources.
It is in the interests of both parties to understand their agreement, which
should define and record the services to be provided and identify associated
terms and conditions.
The RIBA publishes a range of flexible Appointment Agreements suitable for
use with projects of any size and complexity:
Standard Agreement
Concise Agreement
Domestic Project Agreement.
The conditions are not lengthy and will repay careful reading. They define the
obligations of each party, briefly described opposite, and make provisions for
assignment, fees, payments, copyright, liability, suspension, and termination
and dispute resolution.
RIBA Agreements are available in consultant versions, so that all your
consulting team can be on compatible terms concurrent with your architects
appointment.
An agreement will comprise the conditions, schedules of services and formal
confirmation of the contract in a memorandum of agreement or letter of
appointment.
For very small projects the agreement may be set out in a self-contained letter
of appointment.
Generally your architect will retain copyright in the information produced for
your project in accordance with the law. However, you are given a conditional
licence to copy and use the information for your project.
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Your architect is required to maintain professional indemnity insurance in

respect of his or her liability to you. The amount of the insurance cover and
period of liability to be available for the project are agreed and specified in
the agreement.
Should a dispute or difference arise between you and your architect that
cannot be resolved by negotiation, it might be resolved by involving a third
party through mediation under a rapid adjudication procedure, by arbitration
in a private process or in the courts.
Your architect undertakes to:

use reasonable skill and care in performing the services in conformity
with the normal standards of the architects profession
keep the client informed of progress and on issues affecting time, cost
or quality
co-operate with any other appointed designers and/or the

co-ordinator appointed under the Construction (Design and
Management) Regulations (the CDM co-ordinator)
obtain appropriate professional indemnity insurance cover
only make material alteration to the services or the approved design

with the clients prior approval.
You undertake to:

advise on the relative priorities of your requirements and to provide
necessary and accurate information
appoint other consultants and specialists required under separate

agreements
comply with the CDM Regulations where applicable (see page 25)
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take decisions and respond promptly to approvals sought by your

architect
pay the fees, expenses and disbursements due and value-added tax
where applicable
employ a building contractor under a separate contract if proceeding

with construction work.
The European Services Directive

A key part of the European Services Directive that was brought into UK
law in December 2009 relates to improving consumer confidence when
conducting business anywhere in the EU. It achieves this by setting some
basic requirements ensuring consumers have access to a minimum amount
of information and to a complaints procedure, no matter where in the EU a
business is based. Certain information must be made available, including the
following:
the name, legal status and form, and address of the business;
if registered in a trade or other similar public register, the registers

name and the registration number;
if carrying on a regulated profession, any professional body or similar

institution with which the business is registered, the professional title
and the EEA country in which that title was granted;
if required to hold professional liability insurance or a guarantee,

information about the cover and contact details of the insurer and
territorial coverage.
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Developing the brief
Developing The Brief

The brief will provide the basis for turning your aspirations into a deliverable
project and give direction to the architects services. Time spent in elucidating
the requirements is well worth the effort. The brief will normally be developed
in three phases.
In the preliminary RIBA Stage 0 (Strategic Definition), the initial project
requirements and programme are established. As appropriate, preliminary
studies may be undertaken, ranging from a simple sketch design solution to a
full business case with option appraisals of alternative sites and development
plans, to enable you to decide how best to proceed and to develop the
overall Strategic Brief.
You will need to consider the following:
The functions of the finished project. Who will use it, and for what?
Have you visualised how these activities will be accommodated in
the new space(s)? What are your core operations? Are there any
constraints?
Your motivations and expectations. What do you hope to achieve by

this project, in the short and long term, for yourself and others?
A design direction. Contrasting or in keeping with existing buildings?

Contemporary or traditional? Are there certain materials, fixtures or
finishes that you favour?
Sustainability aspirations. What are your relative priorities in terms of

the environmental sustainability of the project? Are there any specific
sustainability performance measures which you wish to apply?
Information requirements. What information will you require at

the end of each RIBA stage in order to make decisions and issue
instructions? Do you require such information in specific formats, such
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as spreadsheets, reports, computer aided design (CAD) files, Building

Information Modelling (BIM) files?
Authority for decision-making. Who will sign off decisions about design,
about costs and about day-to-day matters on site?
Timetables and budgets. When should key RIBA stages be completed,

how much should they cost and how will they be financed?
At RIBA Stage 1 (Preparation and Brief) the Strategic Brief is further

developed by you and your architect into the Initial Project Brief to provide
sufficient information for feasibility studies and the design process to begin.
The Initial Project Brief should confirm the main project objectives, including
quality requirements and project outcomes, and set out the project budget
and other constraints. It will identify any client procedures and processes
to be followed and the requirements for any other professional skills and
appointments, such as those of structural engineers and cost consultants. The
Initial Project Brief explains in clear terms what is expected of the project and
how it will be implemented.
For smaller and simpler projects the two initial RIBA stages may be combined
into one single activity phase.
In RIBA Stage 2 (Concept Design) the requirements for such matters as
operational use, quality, environmental sustainability, cost, programme
and procurement are tested and confirmed through the preparation of the
Concept Design. In parallel, the Initial Project Brief is developed to produce
the Final Project Brief.
Details of all the RIBA stages (07) in the RIBA Plan of Work are shown on
pages1617 and further information can be found at www.ribaplanofwork.com.
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Project leadership
Project LEADERSHIP
Factors for success
The RIBA publishes guidance for clients on the commissioning of buildings to
achieve effective outcomes and best value Client Conversations: Insights into
successful project outcomes. This guide features a number of case studies,
and shares advice from clients on approaches that have resulted in successful
projects. It can be downloaded free of charge from www.architecture.com.
The Strategic Brief established at RIBA Stage 0 (Strategic Definition) will
have defined the key features of the project and the required overall project
outcomes, but for successful delivery the project will continue to need your
leadership and adequate resources of time and money.
For complex projects you may find it helpful to establish a small project
team of stakeholders to share decision-making and review responsibilities.
The group should be led by one person with authority to act as your
representative and be the point of contact with the architect and the
construction team.
The project team could contribute to such matters as:
the management structure for effective performance of the team,
including the architect
change control procedures for programme and cost matters
risk management
budgeting and fundraising
cost control
selection of the professional appointees including those offering legal,

insurance and financial services
signing off of all key stages.
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Teamworking
By the end of RIBA Stage 1 (Preparation and Brief) you will have made
the essential appointments for the design phase of the project, whether
the team will eventually be just you with the architect and a builder, or a
multidisciplinary team with architects, engineers, surveyors, contractors and
sub-contractors. You will also have made decisions about the procurement
approach to be adopted, traditional or design and build, and the stage at
which you wish to appoint the builder.
To achieve a successful and safe outcome the team should:
be encouraged to work together in each successive stage
adopt integrated processes
work from the same information base, which must be kept up to date
have sufficient resources, particularly money and time
discuss and agree the appropriate method for the procurement of

construction and the project programme, to enable design work to be
co-ordinated at the end of RIBA Stage 3 (Developed Design)
co-ordinate services with contractual obligations.
RIBA Agreements for an architect or other consultants may be used to appoint

all construction professionals in your team.
Except for work to your home or a very small project, you and your
appointees will be duty holders under the CDM Regulations 2007, which
are concerned with health and safety; see page 25. Under the regulations,
potential appointees do not accept an appointment unless competent to
perform their duties.
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Project leadership
Architects services
In addition to the role as the designer of your project, the architect could
be invited to your project team and could also provide complementary
management services such as those of:
project lead, who facilitates the appointment of the design team
and manages the project to meet programme, cost and quality
requirements;
lead designer, who co-ordinates the design by consultants, specialists

and suppliers, and communicates with you on significant design issues;
contract administrator or employers agent, who invites and appraises

tenders, administers the building contract, reports on progress and
certifies payments due.
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The RIBA Plan of Work 2013 organises the process of designing,
constructing, maintaining and operating building projects into a number of
key stages (07). The sequence or content of RIBA Stages may vary or they
may overlap to suit the procurement method, the project programme and the
clients approach to risk and risk management.
The RIBA Plan of Work 2013 organises the process of briefin

into a number of key stages. The content of stages may vary
should be used solely as guidance for the preparation of deta
Strategic
Definition
Preparation
and Brief
Concept
Design
Developed
Design
Core
Objectives
Identify clients Business

Case and Strategic Brief
and other core project
requirements.
Develop Project Objectives,

including Quality Objectives
and Project Outcomes,
Sustainability Aspirations,
Project Budget, other
parameters or constraints and
develop Initial Project Brief.
Undertake Feasibility Studies
and review of Site Information.
Prepare Concept Design,

including outline proposals
for structural design, building
services systems, outline
specifications and preliminary
Cost Information along with
relevant Project Strategies
in accordance with Design
Programme. Agree
alterations to brief and issue
Final Project Brief.
Prepare Developed Desig

including coordinated and
updated proposals for
structural design, building
services systems, outline
specifications, Cost
Information and Project
Strategies in accordance
Design Programme.
Procurement
Initial considerations for

assembling the project team.
Prepare Project Roles Table

and Contractual Tree and
continue assembling the
project team.
Stages
Tasks
*Variable task bar
Programme
Establish Project Programme. Review Project Programme.
The procurement strategy does not fundamen

of the design or the level of detail prepared at
Information Exchanges will vary depending on
route and Building Contract. A bespoke RIBA
out the specific tendering and procurement acti
stage in relation to the chosen proc
Review Project Programme.
*Variable task bar
(Town) Planning
Pre-application discussions.
Pre-application discussions.
Strategic Brief.
Initial Project Brief.
*Variable task bar
Information
Exchanges
(at stage completion)
The procurement ro
stages overlapping
2013 will clar
the sp
Planning applications are typically made us

A bespoke RIBA Plan of Work 2013 will ide
application is to be ma
Concept Design including
outline structural and building
services design, associated
Project Strategies,
preliminary Cost Information
and Final Project Brief.
Developed Design, inclu

the coordinated architectu
structural and building
services design and upda
Cost Information.
*Variable task bar in creating a bespoke project or practice specific RIBA Plan of Work 2013 via www.ribaplanofwork.com a specific bar is selected from a number of options.
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es the process of briefing, designing, constructing, maintaining, operating and using building projects
tent of stages may vary or overlap to suit specific project requirements. The RIBA Plan of Work 2013
or the preparation of detailed professional services contracts and building contracts.
Developed
Design
epare Developed Design,

cluding coordinated and
dated proposals for
uctural design, building
rvices systems, outline
ecifications, Cost
ormation and Project
rategies in accordance with
esign Programme.
www.ribaplanofwork.com
Technical
Design
Construction
Handover
and Close Out
In Use
Prepare Technical Design

Responsibility Matrix and
Project Strategies to include
all architectural, structural and
building services information,
specialist subcontractor
design and specifications,
Programme.
egy does not fundamentally alter the progression

vel of detail prepared at a given stage. However,
s will vary depending on the selected procurement
tract. A bespoke RIBA Plan of Work 2013 will set
g and procurement activities that will occur at each
ation to the chosen procurement route.
Offsite manufacturing and

Handover of building and
onsite Construction in
conclusion of Building
accordance with Construction Contract.
Programme and resolution of
Design Queries from site as
they arise.
Administration of Building
Contract, including regular
site inspections and review
of progress.
Undertake In Use services

in accordance with
Schedule of Services.
Conclude administration of
Building Contract.
The procurement route may dictate the Project Programme and may result in certain
stages overlapping or being undertaken concurrently. A bespoke RIBA Plan of Work
2013 will clarify the stage overlaps. The Project Programme will set out
the specific stage dates and detailed programme durations.
ns are typically made using the Stage 3 output.

an of Work 2013 will identify when the planning
application is to be made.
eveloped Design, including

e coordinated architectural,
uctural and building
rvices design and updated
ost Information.
Completed Technical Design

of the project.
As-constructed
Information.
Updated As-constructed
Information.
As-constructed
Information updated
in response to ongoing
client Feedback and
maintenance or operational
developments.
RIBA
er of options.
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Fee options
The fee is a matter for negotiation: there is no standard or recommended
basis for calculation. The fee will reflect the complexity of the project,
scope of services to be provided, applicable stages, procurement method,
construction cost and project programme.
In proposing a fee your architect will allow for the professional and financial
resources required for your specific project and for his or her conceptual skills
and specialist knowledge, on which the success of the project will be based.
Complex projects are likely to require the highest level of resources, but larger
projects may offer opportunities for efficiency savings.
When establishing the project budget, note that fees will be influenced by:
n
the extent of the architects services and the type of procurement
the size and complexity of the project and any project specific
requirements
works to existing buildings (refurbishment and extensions), which are
likely to be significantly more resource intensive than new build
repair and conservation of historic buildings, which is even more

complex than the above and for which the fee will be proportionately
higher
repetition that is, for example, a number of houses or warehouse/

industrial units to an identical design occurring on the same site,
in which case the fee may be adjusted to reflect the lower level of
resources required
whether the design is to be repeated on other projects or sites

where, for instance, a design for a house type is to be subsequently
repeated by a contractor, an additional fee may be payable.
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Fee options
Your architects fees will be related to the professional resources needed to

deliver the required services at each of the stages.
Options for fee structure

Fees may be:
time charges
fixed sums
a percentage of the final construction cost
charged on another agreed basis.
Additional fees may be charged if the architect is instructed to vary services

commenced or completed or to provide additional services during the
project, or where the architect is required to provide a new design after the
client has authorised him or her to develop an approved design. Fees may
also be subject to adjustment if the project is subject to delay, disruption or
prolongation for reasons beyond the architects reasonable control.
The fees for services at RIBA Stage 0 (Strategic Definition), additional services
such as party wall services, and post-contract services at RIBA Stage 7
(InUse), such as post-occupancy evaluation services and project performance
studies, will normally be on a time-charge basis.
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Table 1 Relationship of resource requirements to building type

Architects resources
Low
Mid-range
High
Offices
Multi-storey and
underground car parks
Banks
Office developments
Telecom/computer
buildings
R&D laboratories
Radio, TV, recording
studios
Industrial
Barns and sheds

Speculative
warehouses
Transport garages
Purpose-built factories
and warehouses
Animal-breeding units
Food-processing units
Breweries
High-risk processes
Retail
Speculative retail
Food retail
Non-food retail
Garages/showrooms
Department stores
Shopping centres
Community
buildings
Community centres
Branch libraries
Schools
Ambulance and fire
stations
Police stations
Prisons
Postal buildings
Bus and railway stations
Airports
Civic centres
Specialist libraries
Universities
Churches and crematoria
Museums and art galleries
Courts
Theatres, opera houses,
concert halls and
cinemas
Medical
Health centres
Doctors surgeries
Hospitals
Dental surgeries
Public
Housing
Social housing
Sheltered housing
Housing for single
people
Special-needs housing
Residential care homes
Private
housing
Apartment blocks
Individual houses/flats
Leisure
Sports halls
Squash courts
Swimming pools
Leisure complexes
Restaurants
Public houses
Hotels
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Fee options
Value added
The fee can also be structured to take into account the value added by your
architects services (for example, the increased value of a site or building less
the development costs, exceeding performance targets, and so on).
Expenses
In addition to the fee, expenses may also be chargeable for the cost of
copies of drawings and other documents, travel, accommodation, and so
on. Disbursements, such as the fees that must accompany applications for
building regulations or planning approval, will also be chargeable.
Payment
Fees will normally be invoiced in monthly instalments, based on the progress
of the project, for payment within 14 days.
Design and build

Fees for projects procured by the design-and-build method rather than the
traditional approach will reflect the extent of your architects services prior
to the appointment of the contractor, who completes the design and is
responsible for its construction.
If the contractor is engaged at the end of RIBA Stage 2 (Concept Design)
and the information provided to the contractor includes only the Final Project
Brief and the Concept Design, the contractor may provide all the design
services in RIBA Stages 35. Alternatively, if the contractor is appointed at
the end of RIBA Stage 3 (Developed Design) and the information includes
the Developed Design and the planning permission and supporting materials,
then the contractor will provide just the technical design services in RIBA
Stages 4 and 5.
The further the design is progressed the more risk can be removed from the
contractors proposals.
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In each case your architects fee may be reduced appropriately to reflect the
scope of service, and the contractor will include a charge for the design work
within the construction cost.
On appointment of the contractor you may wish to retain your architect
to advise you on the design developed by the contractors team, or your
architect may agree to be novated to the contractor for completion of the
design. With a novation arrangement it is important to be aware that the
architect no longer works for you and must act on instructions received
through their new client, the contractor.
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Legislation
Legislation
Your architect will advise you on the steps that must be taken to ensure
compliance with the law relating to construction work, and the need where
necessary for specialist legal advice. Your architect can make submissions and
conduct negotiations with statutory bodies, but obviously cannot guarantee
outcomes beyond his or her control.
Statutory regulations also apply to the terms of construction contracts,
management of health and safety and the rights of consumers. Your
architect will explain the impact of these matters when developing the design
of the project, and the need for approvals from regulatory bodies. A breach
of such regulations is a punishable offence.
The following legislation, briefly described below, is applicable in England and
Wales:
to all clients
Town and Country Planning Act 1990
The Building Act 1984 and The Building Regulations 2000
CDM Regulations 2007
Party Wall etc. Act 1996
Site Waste Management Plans Regulations 2008

to business and commercial clients
Housing Grants, Construction and Regeneration Act 1996
Late Payment of Commercial Debts Regulations 2013
Equality Act 2010

to domestic or consumer clients
The Unfair Terms in Consumer Contracts Regulations 1999.

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Your architect will advise on relevant legislation in Scotland and Northern

Ireland.
Town and Country Planning Act 1990

Application for planning permission
The purpose of the planning system is to regulate the use, siting and
appearance of buildings and to protect the environment and public amenity.
All developments require planning permission from the local planning
authority except for internal changes to your home and certain small
domestic extensions within strict criteria, which may be covered by permitted
development rights. Statements on design and access, flood risk, biodiversity
and geological conservation, and so on may be required with the application
together with the appropriate fee.
Internal or external alterations or extensions that would affect the character
of a listed building of historical or architectural interest require two separate
applications, one for listed building consent and one for planning permission.
The Building Act 1984 and The Building Regulations 2000

The Act and the regulations apply to England and Wales, and aim to secure
standards of health and safety for people in and around buildings, energy
conservation and the welfare and convenience of disabled people.
The regulations apply to all new building work and impose duties covering
design and construction of buildings, their services, fittings and equipment.
Approved documents, which set out the requirements and give practical
and technical guidance on compliance with the regulations, cover structure;
fire safety; site preparation, contaminants and resistance to moisture; toxic
substances; sound transmission; ventilation; hygiene; drainage and waste
disposal; heating appliances; protection from falling; conservation of fuel and
power; access and facilities for disabled people; glazing; and electrical safety.
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Legislation
The local authority must be given notice, accompanied by a fee, before work
commences. Building Control inspectors will make independent checks on
compliance and issue a final certificate on satisfactory completion.
CDM Regulations 2007

The Construction (Design and Management) Regulations 2007 (CDM) relate to
the design, construction, use, maintenance, cleaning, repair and demolition of
buildings and structures. The regulations seek to eliminate potential hazards,
and to ensure that those that cannot be eliminated are minimised by careful
design and management.
The regulations impose statutory duties on designers and contractors on all
projects. They also impose statutory duties on clients (unless your project
relates to your home).
If your architect advises that your project is notifiable under the regulations,
you must appoint a CDM co-ordinator.
Designers, CDM co-ordinators and contractors must provide evidence of
competence so that you can make a judgement about how suitable they are
for the type of project and its risks.
Membership of a professional institution, for example the RIBA, is a strong
indicator of the necessary knowledge and an ability to recognise the health
and safety implications of the appointees work
Most designers, CDM co-ordinators and contractors will maintain a package
of information showing how their own policy, organisation and arrangements
demonstrate competence.
(See also A clients guide to health and safety for a construction project,
which explains in greater detail the statutory duties; available from
www.ribabookshops.com.)
25
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Party Wall etc. Act 1996

A notice must be served by or on behalf of the building owner, notifying the
owner and occupiers of the adjoining land, if:
a party wall is to be demolished, rebuilt, extended or repaired
a new building is to be constructed near the boundary
a new party fence is to be built
a new wall is to be built up to the boundary line.
If the adjoining owner does not consent to the works, a dispute will arise. The
Act sets out a procedure for resolving any such disputes.
Site Waste Management Plans Regulations 2008

These regulations require that any person intending to carry out a
construction project with an estimated cost greater than 300,000 prepares
and maintains a waste-management plan.
Housing Grants, Construction and Regeneration Act 1996

This Act applies to most construction contracts that include clientarchitect
professional services agreements. However, the Act does not apply to a
contract with a residential occupier that principally relates to operations on
a dwelling which one of the parties to the contract occupies or intends to
occupy, as his residence (S. 106).
Part 8 of the Local Democracy Economic Development and Construction Act
2009 introduced a series of changes to Part II of the Act. The changes apply
to construction contracts entered into on or after 1 October 2011 in England
and Wales and to construction contracts entered into on or after 1 November
2011 in Scotland.
26
02/05/2013 18:04
Legislation
Key changes include the provisions that:

a construction contract no longer needs to be in writing for the Act to
apply
a dispute arising from an oral contract can be referred to adjudication.
RIBA Standard and Concise Agreements include terms to comply with the
Acts provisions, which primarily relate to payment procedures and resolution
of disputes by adjudication.
Late Payment of Commercial Debts Regulations 2013

The legislation entitles a business to claim from another business simple
interest for late payment and for reasonable debt-recovery costs. The
statutory rate is 8% over the official dealing rate of the Bank of England (the
base rate). Visit www.payontime.co.uk for information about the legislation
and an interest calculator.
It is for the supplier, for example the architect, to decide whether or not to
use the statutory right. Alternatively, the parties (the client and architect, for
example) may agree different terms, but the Act requires that any alternative
must be a substantial remedy. The regulations do not apply where the payee
is a consumer.
Equality Act 2010

The Act replaced previous anti-discrimination laws with a single Act to
make the law simpler and to remove inconsistencies. This makes the law
easier for people to understand and comply with. The Act also strengthened
protection in some situations, and covers nine protected characteristics that
cannot be used as a reason to treat people unfairly. Every person has one or
more of the protected characteristics, so the act protects everyone against
unfair treatment. The protected characteristics are: age, disability, gender
27
02/05/2013 18:04
reassignment, marriage and civil partnership, pregnancy and maternity, race,

religion or belief, sex and sexual orientation.
The Equality Act sets out the different ways in which it is unlawful to treat
someone, such as direct and indirect discrimination, harassment, victimisation
and failing to make a reasonable adjustment for a disabled person.
The Act prohibits unfair treatment in the workplace; when providing goods,
facilities and services; when exercising public functions; and when buying or
renting property.
The Unfair Terms in Consumer Contracts Regulations 1999

Domestic projects
The object of this legislation is to offer the consumer protection where the
contracting parties might be of unequal bargaining strength and the terms of
the contract have been drafted unilaterally.
Your architect will explain the implications of the regulations, which require
that the terms are individually negotiated.
You will be a consumer if you sign a contract in your own name, not as
a limited company or other legal entity i.e. a natural person acting for
purposes outside his trade, business or profession.
For work to your home or to a second home you will be exempt from:
the provisions of the Housing Grants, Construction and Regeneration
Act 1996 as a residential occupier
the Late Payment of Commercial Debts Regulations 2013.
If your second home is to be let at any time as a holiday rental or to other

tenants, these exemptions will not apply.
The terms of the RIBA Domestic Project Agreement recognise the importance
of the regulations.
28
02/05/2013 18:04

Available from RIBA Bookshops (www.ribabookshops.com):
A clients guide to health and safety for a construction project under the
Construction (Design and Management) Regulations 2007
Available online from www.ribabookshops.com/agreements/
RIBAAgreementsSite/ScheduleOfServices.aspx:

A guide to Access Consultancy Services
A Guide to Working with an Architect: Repair and Alteration of Historic

Buildings

A Guide to Initial Occupation and Post-occupation Services
Available online from www.architecture.com:

Working with an architect for your home
Client Conversations: Insights into successful project outcomes
29
02/05/2013 18:04
Royal Institute of British Architects 2013

Published by RIBA Publishing, 15 Bonhill Street, London EC2P 2EA
ISBN 978 1 85946 494 6
Stock Code 80464
The right of Roland Phillips to be identified as the Author of this Work has been
asserted in accordance with the Copyright, Design and Patents Act 1988.
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system, or transmitted, in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise, without the prior permission of the copyright
owner.
British Library Cataloguing in Publication Data
A catalogue record of this guide is available from the British Library.
Publisher: Steven Cross
Project editor: Neil ORegan
Typeset and designed by: Gray Publishing
Printed and bound by Windsor Print, Tonbridge
We make every effort to ensure the accuracy and quality of information when it is
published. However, we can take no responsibility for the subsequent use of this
information, nor for any errors or omissions that it may contain.
30
02/05/2013 18:04
02/05/2013 18:04
02/05/2013 18:04
If you need to know about engaging the services of an architect, this

RIBA guide is for you. Straightforward and completely up to date,
it sets out everything that you as a client whether for domestic,
commercial, small or large projects needs to be aware of.
A clients guide to
engaging an architect
As well as explaining the considerable added value that the right

architect can bring to the success of your project, the guide talks
you through the formal appointment mechanisms that architects as
professionals will expect to transact with you. General background
information outlining the importance of the brief and project
management is supported by an explanation of the industrystandard RIBA Plan of Work 2013. Importantly, the various options
for calculating fees are described. Finally, the guide briefly introduces
you to other major legislation affecting your project.
Aimed at all construction clients especially those who have never
carried out this role before this guide offers a quick and easy
overview of the value, mechanisms and context of appointing your
architect.
ribabookshops.com
Front cover: Bogbain Mill, Lochussie RIBA Award Winner 2012. Andrew Lee / Rural Design
9Y Client's_Guide_Engaging_Cover_2013.indd 2-3
26/04/2013 16:03

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What does the guide aim to provide to construction clients?

What does the guide aim to provide to construction clients?

What does the guide explain about appointing an architect?

What does the guide explain about appointing an architect?

Licensed copy from CIS: GBS03, Mouchel Limited, 21/06/2013, Uncontrolled Copy.

A clients guide to engaging an architect

If you need to know about engaging the services of an architect, this

As well as explaining the considerable added value that the right

Royal Institute of British Architects

Royal Institute of British Architects

Appointing your architect

Developing the brief

The RIBA Plan of Work 2013

RIBA Chartered Architects

RIBA chartered architects

Royal Institute of British Architects

A clients guide to engaging an architect

For further information:

visit the RIBA website: www.architecture.com and select Find an

call RIBA Client Services on 020 7307 3700.

developing design proposals

applying for statutory approvals

preparing construction information

obtaining tenders for building work

administering a building contract.

A clients guide to engaging an architect

RIBA Chartered Architect

is committed to the shared professional and learned values of the RIBA

maintains his or her professional standards in practice through

has access to the extensive knowledge base of the RIBA.

RIBA Chartered Practice Scheme

a minimum ratio of RIBA Chartered Architects on their staff

a quality management system

a health and safety policy

CPD for all their staff

an environmental management policy

completed annual RIBA Business Benchmarking.

A clients guide to engaging an architect

Appointing your architect

Domestic Project Agreement.

Appointing your architect

Your architect is required to maintain professional indemnity insurance in

Your architect undertakes to:

co-operate with any other appointed designers and/or the

obtain appropriate professional indemnity insurance cover

only make material alteration to the services or the approved design

You undertake to:

appoint other consultants and specialists required under separate

A clients guide to engaging an architect

take decisions and respond promptly to approvals sought by your

employ a building contractor under a separate contract if proceeding

The European Services Directive

if registered in a trade or other similar public register, the registers

if carrying on a regulated profession, any professional body or similar

if required to hold professional liability insurance or a guarantee,

Developing the brief

Developing The Brief

Your motivations and expectations. What do you hope to achieve by

A design direction. Contrasting or in keeping with existing buildings?

Sustainability aspirations. What are your relative priorities in terms of