PROFESSIONAL PRACTICE

U N I T _0 2 : THE ARCHITECT’S ACT 1972

Introduction, council of architecture, it’s main functions,
registration of architects, architect’s (professional conduct)
regulations 1989. Conditions of engagement, scope of
comprehensive services, architectural competitions – its purposes,
guidelines, conditions, types of competitions, classification of
competitions, competition organization, step by step procedure to
conduct architectural competition.
INTRODUCTION

 The act defines the profession of architecture on similar lines

to that of medicine, dentistry and accountancy as an individual
profession.

 The architect’s act 1972, is an act to provide for the

registration of architects and for matters connected with.
THE ARCHITECTS ACT, 1972
1.
❑This Act may be called the Architects Act, 1972.
❑It extends to the whole of India.
❑It shall come in to force on such date as the Central Government may, by
notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,

❑"Architect" means a person whose name is for the time being entered in the
register;
❑"Council" means the Council of Architecture constituted under Section 3;
❑"Indian Institute of Architects" means the Indian Institute of Architects
registered under the Societies Registration Act, 1860;
❑"Recognized qualification" means any qualification in architecture for the time
being included in the Schedule or notified under section 15;
❑"Register" means the register of architects maintained under section 23;
❑"Regulation" means a regulation made under this Act by the Council;
❑"Rule" means a rule made under this Act by the Central Government.
ARCHITECT’S (PROFESSIONAL CONDUCT) REGULATIONS,1989.

New Delhi, the 11th May, 1989 (incorporated under the Architect’s Act, 1972).
F.No. CA/1/89.- In exercise of the powers conferred by sub-section (1) read
with clause (i) of sub-section (2) of Section 45 of the Architects Act, 1972
(Act No. 20 of 1972), the Council of Architecture, with the approval of the
Central Government, hereby makes the following regulations to promote the
standard of professional conduct/ self-discipline required of an Architect,
namely :-

1. Short Title and Commencement :

1. These regulations may be called with Architects (Professional Conduct)

Regulations, 1989.
2. They shall come into force on the date of their publication in the Official
Gazette.*
2. **(1) Every architect, either in practice or employment, subject to the
provisions of the Central Civil Services (Conduct) Rules, 1964 or any other
similar rules applicable to an Architect, he shall :-

i. ensure that his professional activities do not conflict with his

general responsibility to contribute to the quality of the
environment and future welfare of society,
ii. apply his skill to the creative, responsible and economic
development of his country,
iii. provide professional services of a high standard, to the best of his
ability,
iv. if in private practice, inform his Client of the conditions of
engagement and scale of charges and agree that these conditions
shall be the basis of the appointment,
v. not sub-commission to another Architect or Architects the work for
which he has been commissioned without prior agreement of his
Client,
vi. not give or take discounts, commissions, gifts or other
inducements for the introduction of Clients or of work,
vii. act with fairness and impartiality when administering a building
contract,
viii. maintain a high standard of integrity,
ix. promote the advancement of Architecture, standards of Architectural
education, research, training and practice,
x. conduct himself in a manner which is not derogatory to his
professional character, nor likely to lessen the confidence of the
public in the profession, nor bring Architects into disrepute,
xi. compete fairly with other Architects,
xii. observe and uphold the Council's conditions of engagement and
scale of charges,
xiii. not supplant or attempt to supplant another Architect,
xiv. not prepare designs in competition with other Architects for a
Client without payment or for a reduced fee (except in a competition
conducted in accordance with the Architectural competition
guidelines approved by the Council),
xv. not attempt to obtain, offer to undertake or accept a commission
for which he knows another Architect has been selected or employed
until he has evidence that the selection, employment or agreement has
been terminated and he has given the previous Architect written notice
that he is so doing : provided that in the preliminary stages of works,
the Client may consult, in order to select the Architect, as many
Architects as he wants, provided he makes payment of charges to
each of the Architects so consulted,
xvi. comply with Council's guidelines for Architectural competitions and
inform the Council of his appointment as assessor for an Architectural
competition ,
xvii. when working in other countries, observe the requirements of
codes of conduct applicable to the place where he is working ,
xviii. not have or take as partner in his firm any person who is
disqualified for registration by reason of the fact that his name has
been removed from the Register under Section 29 or 30 of the
Architects Act, 1972 ,
xix. provide their employees with suitable working environment,
compensate them fairly and facilitate their professional development,
xx. recognize and respect the professional contribution of his
employees,
xxi. provide their associates with suitable working environment,
compensate them fairly and facilitate their professional development,
xxii. recognize and respect the professional contribution of his
associates,
xxiii. recognize and respect the professional contribution of the
consultants,
xxiv. enter into agreement with them defining their scope of work,
responsibilities, functions, fees and mode of payment ,
xxv. shall not advertise his professional services nor shall he allow his
name to be included in advertisement or to be used for publicity
purposes save the following exceptions :-
(a) a notice of change of address may be published on three occasions
and correspondents may be informed by post,
(b) an Architect may exhibit his name outside his office and on a building,
either under construction or completed, for which he is or was an
Architect, provided the lettering does not exceed 10 cm. in height
,
(c) advertisements including the name and address of an Architect may
be published in connection with calling of tenders, staff
requirements and similar matters,
(d) may allow his name to be associated with illustrations and
descriptions of his work in the press or other public media but he
shall not give or accept any consideration for such appearances,
(e) may allow his name to appear in advertisements inserted in the press
by suppliers or manufacturers of materials used in a building he has
designed, provided his name is included in an unostentatious manner
and he does not accept any consideration for its use,
(f) may allow his name to appear in brochure prepared by Clients for
the purpose of advertising or promoting projects for which he has
been commissioned,
(g) may produce or publish brochures, pamphlets describing his
experience and capabilities for distribution to those potential
Clients whom he can identify by name and position ,
(h) may allow his name to appear in the classified columns of the trade /
professional directory and/or telephone directory/ website.

**(2) In a partnership firm of architects, every partner shall ensure

that such partnership firm complies with the provisions of the sub-
regulation (1).
(3) Violation of any of the provisions of sub-regulation (1) shall
constitute a professional mis-conduct.
Role of Council of Architecture in the functioning of the Profession.

❑The council of architecture is a govt. body formed under the ministry of

Human resource development.
❑The council was established in the year 1972 after legislation in the
parliament.
❑It is mandatory for every practicing architect in India to be registered with
the council.
❑The council frames the basic rules & regulations pertaining to educational
standards, qualifications and practices employed by architects practicing in
India.
❑The basic aim of the council is to check for malpractices in the profession of
architecture, not only confined to practice but also with regards to educational
standards.
❑In short the council ensures that all architects practicing in India are well
qualified and up to the standards and also registered with the council.
❑In order to register himself with the council, an architect must have the
necessary qualifications as per norms established under the architects act.
❑A valid registration and a certificate confirming the same, entitles an architect
to practice and provide his services to clients in India.
❑Timely renewals are also required to keep the registration valid.
❑This registration is also valid for use by a firm of architects, whose partners are
registered with the council.
❑Restriction is however imposed on usage of an Architect’s title by Limited
companies, Private or Public sector companies, Societies.
❑These categories are also not entitled to practice the profession.
❑ Illegally using the title is a criminal offence and attracts punishment under
section 36 or 37 (2) of the Architects Act, 1972.
❑The profession of an Architect is governed by the Architects Regulations
(Professional conduct), 1989 with amendments passed in 2003.
❑These regulations lay down the ethical procedures according to which an
Architect should practice.
❑Failure to adhere to these rules shall attract disciplinary action under section
30 of the Architects Act, 1972.
❑The council is also engaged in closely monitoring institutions in India, about
385 of them which impart Architectural education.
❑In short, the council determines the basic guidelines and standards according
to which these institutions shall function and impart education.
Role of the Indian Institute of Architects in the functioning of the
Profession.
❑ It encourages the science and the art of planning and building the standards
of architectural education, training and practice, by making grants to
Technical Institutions, or by paying or assisting to pay the fees and expenses
of students or by providing and giving scholarships, prizes or other rewards
to such students, or by any or all such methods.
❑ It devises and imposes the means for testing the qualifications of the
candidates for admission to membership of the Institute, by examination in
theory and in practice, or by any other tests, or to arrange with any technical
Institute or Institutions for the imposition of any such tests.
❑ It looks into all factors affecting the practice of architecture and it initiates
and watches over measures affecting, or likely to affect, the practice of
Architecture, and to procure such changes of, and amendments in the law
relating to or affecting the practice of Architecture.
❑ It holds conferences or meetings for the discussion of, and the exchange of
news and matters affecting or relating to architecture, the reading of papers
and the delivery of lectures, and hold congresses or exhibitions (either jointly
with any other body or Institution or otherwise) for the exposition of any
matters affecting or relating to the theory or practice of Architecture or any
allied subject; and to award medals, certificates, prizes or diplomas in
connection therewith.
❑ It co-ordinates the activities of the building industry and of the Profession of
Architecture, and too amalgamate or combine or act temporarily or otherwise,
in conjunction with any other body or bodies, Institution or Institutions, having
like or similar objects.
❑ It acquires by purchasing , donation, request or otherwise a library and
collection of models, drawings, designs or other materials, and to maintain,
extend and improve the same.
❑ It purchases, leases, rents, holds and disposes of any land or property, and
any building or hall and erects any such building or buildings to be used as
place of meeting for the members of the institute, or as a college, school or
reading room or library for the advancement of the object of the institute,
and provides accommodation for any meeting, conference, exhibition or
congress, whether promoted wholly or partly by the Institute or which, in the
opinion of the Council, may conduce to or assist in the carrying on with the
objects of the Institute or tend to do so.
❑ It formulates and notifies the law and practice relating to Architecture to
members and the public, and to compile, collect, collate, revise, print and
publish statistics, professional records or periodicals relating to any of the
objects of the Institute.
❑ It issues appeals for funds in furtherance of the objects of the Institute, to
accept any gift, endowment or bequest mode to the Institute, and to carry
any trust attached to any such gift, endowment or bequest, and to borrow
moneys, if required for the purpose of the Institute, provided such gifts,
endowments, bequests or loans shall be accepted if they are not accompanied
by conditions inconsistent or in conflict with the objects for which the
Institute is established.
❑ It ensures the advancement of the living standards of our people through their
improved environment and to make the profession of ever increasing service
to Society.
❑ It constitutes various classes of members including Honorary Fellows who are
influential and experienced people directly or indirectly from the field.
REGISTRATION OF ARCHITECTS
The council maintains a register of Architects under section 23 of the
Act. The register shall include the following particulars:
a) The full name with date of birth, nationality and residential adress
of the Architect.
b) His qualification for registration and the date on which he obtained
that qualification and the authourity which conferred.
c) The date of his first admission to the register.
d) His professional adress.
e) Such further particulars as may be prescribed by the rules.
CONDITIONS OF ENGAGEMENT
The council of architecture has adopted the following conditions of
engagement and scale of professional charges to maintain the highest
standards of practice and conduct.
RESPONSIBILITIES
Architect’s responsibilities are given as follows:
(i) To study client’s needs and to advise, to prepare, to direct, and to
coordinate design and to supervise works executed under a building
contract. The normal service provided by architect in fulfillment of
these responsibilities are as under,
(ii) The employment of consultants shall be at the architect’s discretion
in agreement with the client. Where consultants are employed the
architect shall be responsible for the direction and integration of their
work. Consultants shall be solely responsible for detailed design and
supervision of the work entrusted to them.
(iii) The architect may also nominate specialist sub-contractors for :
the design and execution of any apart of the work. He shall be
responsible for the direction and integration of their design, and for
general supervision of their work.
(IV) The architect must have the authority of his Client before initiating
any stage of his duties. Except as provided in para (v) below,
any material deviation, alteration, addition to or omission from the
approved design shall be made only with the knowledge and consent of the Client. The
architect shall inform the Client if the total
authorized expenditure or contract period are likely to be varied.
 (v) The Architect may authorize material changes in design if they
are necessary for constructional reasons, provided that the client is
informed without delay.
(vi) The Architect shall give such periodic supervision and inspection
as may be necessary to ensure that the works are being executed in
general accordance with the contract. Constant supervision does not
form part of his normal duties.
(vii) Where frequent or constant inspection is required a Clerk of Works
shall be employed. He shall be nominated or approved by the
Architect, and be under the Architect’s direction and control. He
shall be appointed and paid by the client or alternatively may be
employed by the Architect who shall be reimbursed.
(viii) Where the employment of a Resident Architect is agreed upon, he
shall be employed by the Architect who shall be reimbursed.
REMUNERATION
(i) It is the duty of a member to uphold and apply the Scale of
Professional Charges adopted by the Council of Architecture. The
employment of the Architect shall, therefore, be in accordance with
these conditions and the fees and charges herein shall apply unless
a higher fee and charge is agreed upon between the Architect and
the Client when the former is commissioned.
(ii) Where work done by a Client results in the omission of part of the
normal service, a commensurate reduction in fees may be made by
prior written agreement, provided such agreement specifies in detail
the work to be done by the Client which would otherwise have
formed part of the normal service by the Architect.
LIABILITY OF THE ARCHITECT
(i) The Architect is liable if he fails to exercise all reasonable skill, care
and diligence in the discharge of his duties under these conditions
but the aforesaid liability shall be limited as stated hereunder:
(ii) The liability of the Architect does not cover costs other than those
for the reinstatement of the works. All liability for consequential
damages is excluded.
(iii) The liability of the Architect expires after two years from the date
of completion of relevant part of the work.
(iv) The Architect does not guarantee the work of any Contractor.
(v) The architect has no liability whatsoever for any part of the works not designed by him
or not under his responsibility or which have not been constructed under his supervision
damage resulting
(vi) The architect has no liability whatsoever for any damage resulting from any
act of contractors or suppliers which is not accordance with contract
documents or the architect’s instructions.
(vii) The architect has no liability whatsoever for any violation of legal provisions
or rights of third parties unless these provisions or rights have been specially
brought to the notice of the architect by the client in writing.
COMPREHENSIVE ARCHITECTURAL SERVICES

Part I - ARCHITECTURE :

Part II _ ALLIED FIELDS :

❑ Landscape Architecture

❑Interior Architecture

❑ Architectural Conservation

❑ Retrofitting of Buildings

❑ Graphic Design and Signage

1. SCOPE OF WORK

The Architect is required to provide services in respect of the following:

❑Taking Client's instructions and preparation of design brief.

❑ Site evaluation, analysis and impact of existing and / or proposed development on its
immediate environment.
❑ Design and site development.
❑ Structural design.
❑ Sanitary, plumbing, drainage, water supply and sewerage design.
❑ Electrical, electronic, communication systems and design.
❑ Heating, ventilation and air conditioning design (HVAC) and other mechanical
systems.
❑ Elevators, escalators, etc.
❑ Fire detection, Fire protection and Security systems etc.
❑ Periodic inspection and evaluation of Construction works.
2. SCHEDULE OF SERVICES :

The Architect shall, after taking instructions from the Client, render the following
services:

CONCEPT DESIGN [STAGE 1] :

❑Ascertain Client's requirements, examine site constraints & potential ; and prepare a
design brief for Client's approval.
❑ Prepare report on site evaluation, state of existing buildings, if any ; and analysis and
impact of existing and/ or proposed development on its immediate environs.
❑Prepare drawings and documents to enable the Client to get done the detailed survey
and soil investigation at the site of the project.
❑Furnish report on measures required to be taken to mitigate the adverse impact, if any,
of the existing and / or proposed development on its immediate environs.
❑Prepare conceptual designs with reference to requirements given and prepare rough
estimate of cost on area basis.
PRELIMINARY DESIGN AND DRAWINGS [STAGE 2] :

Modify the conceptual designs incorporating required changes and prepare the
preliminary drawings, sketches, study model, etc., for the Client's approval along with
preliminary estimate of cost on area basis.

DRAWINGS FOR CLIENT'S/ STATUTORY APPROVALS [STAGE 3] :

Prepare drawings necessary for Client's/ statutory approvals and ensure compliance with
codes, standards and legislation, as applicable and assist the Client in obtaining the
statutory approvals thereof, if required.

WORKING DRAWINGS AND TENDER DOCUMENTS [STAGE 4] :

Prepare working drawings, specifications and schedule of quantities sufficient to prepare

estimate of cost and tender documents including code of practice covering aspects like
mode of measurement, method of payments, quality control procedures on materials &
works and other conditions of contract.

APPOINTMENT OF CONTRACTORS [STAGE 5] :

Invite, receive and analyze tenders; advise Client on appointment of contractors.

CONSTRUCTION [STAGE 6] :
❑Prepare and issue working drawings and details for proper execution of works during
construction.
❑Approve samples of various elements and components.
❑Check and approve shop drawings submitted by the contractor/ vendors.
❑Visit the site of work, at intervals mutually agreed upon, to inspect and evaluate the
Construction Works and where necessary clarify any decision, offer interpretation of the
drawings/specifications, attend conferences and meetings to ensure that the project
proceeds generally in accordance with the conditions of contract and keep the Client
informed and render advice on actions, if required.
❑In order to ensure that the work at site proceeds in accordance with the contract
documents/ drawings and to exercise time and quality controls, the day-to-day
supervision will be carried out by a Construction Manager (Clerk of Works/ Site
Supervisor or Construction Management Agency in case of a large and complex project),
who shall work under the guidance and direction of the Architect and shall be appointed
and paid by the Client.
❑Issue Certificate of Virtual Completion of works.
COMPLETION [STAGE 7] :

❑ 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.
❑ Issue two sets of as built drawings including services and structures.

PROFESSIONAL FEE : [ SCALE OF FEES ]

❑In consideration of the professional services rendered by the Architect, he shall be

paid professional fee and other charges in accordance with the Scale of Charges.
❑Any tax levied by law, such as Service tax, etc. contingent to professional services
rendered by the Architect, shall be payable by the Client, over and above the gross fees
charged by the Architect in relation to the services provided.
SCHEDULE OF PAYMENT :
The Architect shall be paid professional fee in the following stages consistent with the work done
plus other charges and reimbursable expenses as agreed upon :
EFFECTING PAYMENT TO THE ARCHITECT :

The fee payable to the Architect shall be computed on the actual cost of works on
completion. The payment due to the Architect at different stages be computed on the
following basis:

Retainer : On rough estimate of cost.

At Stage 1 : On rough estimate of cost.
At Stages 2 to 4 : On preliminary estimate of cost.
At Stages 5 to 6b : Accepted tender cost.
At Stage 7 : Actual total cost.
EFFECTING PAYMENT TO THE ARCHITECT :

❑Progressive, on account, payments shall be made by the Client to the Architect against
any of the above stages based on the quantum of work done during that stage, as may be
mutually agreed to between the Client and the Architect.
❑No deductions shall be made from the fee of the Architect on account of penalty,
liquidated damages, part rates or other sums withheld from payment or recovered from
contractors/ suppliers.
❑When the work is executed wholly or in part with old materials or labor or carriage is
provided by the Client, the percentage fees shall be calculated as if the work had been
executed wholly by the contractor supplying all labor and new materials.
❑The actual cost of the completed works shall include cost of execution of assigned
works, referred to in Scope of Work and also the cost of equipment & machinery such as
Transformers, DG Sets, Sub-stations, Lifts, Air Conditioning Machines, Pumps &
Motors, Water and Sewage Treatment Plant, etc., but excluding the cost of land.
SCALE OF CHARGES