0% found this document useful (0 votes)
638 views27 pages

RIBA Code of Practice May 2019pdf

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
638 views27 pages

RIBA Code of Practice May 2019pdf

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 27

RIBA:

Code of Practice

1 May 2019
RIBA: Code of Practice

Contents
Introduction 3
Discipline 4
Example provision 5
Principle 1: Integrity 6
1 Impartiality and undue influence 6
2 Statements 6
3 Conflicts of interest 6
4 Confidentiality and privacy 7
5 Handling client money 7
6 Bribery and corruption 8
7 Criminal conviction / disqualification as a director / sanction 8
Principle 2: Competence 9
1 Skill, knowledge, care, ability 9
2 Terms of appointment 10
3 Time, cost, quality 12
4 Keeping the client informed 12
5 Record keeping 13
6 Health and safety 13
7 Inspection services 14
8 Building performance 14
9 Heritage and conservation 15
10 Town and country planning 15
11 Law and regulations 15
12 Certification 16
13 The environment 16
14 Community and society 17
Principle 3: Relationships 18
1 Copyright 18
2 Previous appointments 18
3 Peers 19
4 Equality, diversity and inclusion 19
5 Modern slavery 19
6 Employment and responsibilities as an employer 20
7 Competitions 21
8 Complaints and dispute resolution 21
9 Advertising / business names / use of RIBA crest and logo 22
10 Insurance 22
11 Non-disclosure agreements 23
12 Whistleblowing 23
Definitions 24

1 May 2019 2
RIBA: Code of Practice

Introduction
1 All practices registered with the RIBA Chartered If there is a conflict between the local body’s rules
Practice Scheme (Chartered Practices), and the of conduct and the Code, the local body’s rules
staff therein, are expected to conduct themselves prevail but the Chartered Practice must notify the
in accordance with the Code of Practice (the RIBA Professional Standards team as soon as
Code) and in a manner appropriate to their possible.
Chartered Practice status, and the practice shall
9 The Code applies to all Chartered Practices,
be liable to private caution, public reprimand,
nationally and internationally. Chartered Practices
suspension or expulsion if they do not.
must also comply with the RIBA Chartered
2 This Code sets out and explains the standards Practice Accreditation Criteria and Standards.
of professional conduct and practice which the
10 The RIBA also maintains a Code of Professional
Royal Institute of British Architects (RIBA or the
Conduct which is applicable to all RIBA Members.
Institute) requires of all RIBA Chartered Practices,
in accordance with its stated purpose for ‘…the 11 The Code enshrines the following duties owed by
advancement of Architecture and the promotion Chartered Practices:
of the acquirement of the knowledge of the Arts • To the wider world
and Sciences connected therewith.’ .1 • Towards society and the end user
3 The purpose of the Code is to promote good • Towards those commissioning services
conduct and best practice. It aims not only to uphold (i.e. clients – this may include professional
standards through discipline, but also to empower clients, investors and funders)
practitioners to reflect critically and to continually • Towards those in the workplace (i.e. colleagues,
strive to improve. employees, employers)
4 Chartered Practices should be guided by the spirit • Towards the profession
as well as the precise and express terms of the • · Towards oneself
Code. Not every shortcoming, or failure to meet the
specific duties of the Code, will necessarily give rise to 12 Where two or more principles of the Code come
disciplinary proceedings. into conflict, the one which takes precedence is
the one which best serves the public interest in the
5 Chartered Practices must at all times comply with particular circumstances.
all relevant legal obligations. The Code does not
seek to duplicate legal obligations. 13 Members should seek to co-operate and work
productively with other professionals, to develop
6 Legal disputes cannot be settled through RIBA relationships of trust and collaborate in an open
disciplinary proceedings and all such legal and honest way. Members should seek to identify
disputes must be dealt with by a competent and evaluate risks, take appropriate mitigating
authority before they may be considered by a actions and share concerns with relevant parties.
Professional Conduct Panel.
14 A complaint or dispute concerning a Chartered
7 From time to time, the Institute will amend and Practice’s contractual performance is very different
update the Code and relevant policies. Chartered from a complaint about their professional conduct
Practices are responsible for keeping themselves or competence. A complaint about contractual
up to date and must observe such amendments performance should preferably be resolved by the
and updates as they come into effect. Chartered Practice’s own complaints procedure
8 Chartered Practices may (or may be required or one of the Alternative Dispute Resolution
to) be registered with other professional and/ processes. The RIBA’s disciplinary procedures are
or regulatory bodies in the jurisdiction where they unable to provide a solution to specific project
practice. If this is the case, the Institute recognises or contractual performance disputes. The RIBA’s
that a Chartered Practice’s first obligation will complaints and disciplinary procedures only deal
be to comply with the rules of conduct of the with professional conduct.
local professional or regulatory body. Chartered
Practices must also seek to comply with the Code.

1
RIBA Royal Charter 1837, as amended by the Supplemental Charter of 1971

1 May 2019 3
RIBA: Code of Practice

15 In the UK complaints against a Registered Discipline


Architect may be made to the Architects
Registration Board (ARB). Architects found to
have breached the ARB’s code may be removed 1 Any Chartered Practice which contravenes the
or suspended from the Register which means Code shall, in accordance with Byelaw 4 of the
that they can no longer use the title ‘architect’. Institute’s Charter and Byelaws, be liable to private
If a Member is sanctioned by the ARB, the RIBA caution, public reprimand, suspension or expulsion.
has the discretion to impose a similar or different
sanction, or no sanction. 2 The power to impose a sanction on a Chartered
Practice (public reprimand, suspension, expulsion)
16 Any public sanction imposed by the RIBA will be is exercised by the RIBA’s Professional Conduct
notified to the ARB. Panel on behalf of the Institute’s Council, by a
delegation of authority.
3 Chartered Practices’ conduct outside the direct
practice of architecture may not fall within the
remit of the Code, unless such conduct generally
offends against the honour, integrity and/or
reputation of the profession of architecture and the
RIBA Chartered Practice Scheme.
4 A judgment or decision from a Court or a
Competent Authority (including the ARB) against
a Chartered Practice may be considered as
conclusive evidence of the facts so found.

1 May 2019 4
RIBA: Code of Professional Conduct

The Code
Example provision:

[the Code is divided into three principles:


integrity, competence and relationships]
Principle
[this is a non-binding section aimed at setting
aspirations for best practice and informing
interpretation of the specific duties]
Strapline

[components of the principle] 1. Heading

[the specific, mandatory provisions of the duty, 1.1 Duty


breach of which may lead to the imposition of a
private caution or other sanction] 1.2 Duty

[non-binding guidance notes/commentary/


GN 1.2: Guidance note/commentary for
examples to aid interpretation and understanding] information only – to assist interpretation of
the duty

PLEASE NOTE: all web links provided have been checked and are accurate at the time of publishing

1 May 2019 5
RIBA: Code of Practice

1
Principle 1: Integrity
Chartered Practices shall behave with integrity and shall strive to safeguard and improve
the standing, reputation and dignity of the Institute and its membership in all their
professional activities. Chartered Practices shall consistently promote and protect the
public interest and social purpose, taking into account future generations.

1. Impartiality and undue influence 3. Conflicts of interest

1.1 Chartered Practices must act with impartiality 3.1 If a conflict of interest arises, Chartered
and objectivity at all times in their professional Practices must declare it to all parties affected.
activities.
3.2 If a conflict of interest arises, Chartered
1.2 Chartered Practices must be honest and Practices must either:
truthful. (a) remove its cause; or
1.3 Chartered Practices shall not allow (b) withdraw from the situation.
themselves to be improperly influenced by GN 3.2: Conflicts of interest can arise in many
others. situations. A commonly occurring example of
a conflict of interest is an architectural practice
1.4 Chartered Practices shall not allow working on a project also running a separate
themselves to be improperly influenced by contractor business which tenders for work on
their own self-interest. the same project. In this instance, the practice
on the project must inform the client that
2. Statements they also run/are involved in the contractor
firm tendering for the work so that the client
2.1 Chartered Practices must not make or be a is fully aware of the facts and can make an
party to any statement which is: informed decision in awarding the contract. If
(a) untrue; the architect’s contractor firm is successful in
winning the construction work, the architect must
(b) misleading; not act in the capacity of Contract Administrator,
(c) unfair; and/or Employer’s Agent or similar for the client during
(d) contrary to their professional knowledge. the construction phase. The practice is able to
2.2 Chartered Practices who find themselves be involved in both capacities but must declare
party to any such statement in paragraph 2.1, both interests to the client so that the client can
must take all reasonable steps to correct the make an informed decision.
statement immediately.
3.3 Chartered Practices must have effective
GN 2.2: Chartered Practices may correct such a systems in place to identify and assess
statement in many ways. It may involve: writing potential conflicts of interests.
to a client to correct a previous statement made GN 3.3: This requirement is particularly aimed at
to them; issuing a public statement e.g. on a conflicts of interest that may arise between two or
website; contacting a third party or reporting more clients of the Chartered Practice. Chartered
an issue to an appropriate authority such as a Practices must have robust processes for
Local Authority or Court. carrying out conflict checks on potential clients.

1 May 2019 6
Principle 1 RIBA: Code of Practice

4. Confidentiality and privacy 4.6 Chartered Practices shall take all reasonable
steps to ensure that any employees,
4.1 Chartered Practices must not breach representatives or advisers to whom they
confidentiality, except where allowed by disclose confidential information do not use
4.5 below. or disclose that information other than as
permitted by the Code.
4.2 Chartered Practices must safeguard the
privacy of their clients and others. 4.7 Chartered Practices must hold and handle
data in accordance with the current
4.3 Chartered Practices must comply with any applicable data protection legislation.
legal rights of privacy and any contractual
provisions regarding confidentiality. GN 4.7: For more information on the applicable
data protection requirements, see:
4.4 Chartered Practices must treat confidential
https://www.gov.uk/data-protection.
information acquired during the course of
their work as such.
5. Handling client money
GN 4.4: Information which is publicly available
or in the public domain is not privileged or 5.1 Chartered Practices requested by a client to
confidential information. hold money on the client’s behalf must keep
such money in a designated interest-bearing
4.5 Chartered Practices may only use and/or bank account (a “client account”) which
disclose confidential information: is separate from the Chartered Practice’s
(a) for the express purposes for which that personal or business accounts.
information has been supplied to the
Chartered Practice; 5.2 Chartered Practices must return any money
(b) where expressly permitted to do so by held in a client account to the client as soon
the person or company that information reasonably practicable following a written
concerns; request to do so.
(c) where and to the extent necessary for 5.3 Chartered Practices must ensure that
the purposes of preserving or exercising any money held in a client account is not
the Chartered Practice’s legal or withdrawn or used to make a payment
contractual rights; otherwise than in accordance with the client’s
(d) where and to the extent necessary written instructions.
to fulfil any contractual or legal duty
owed to the person or company that 5.4 Chartered Practices must arrange for any
information concerns; and/or interest (or other benefit) accruing from the
client account to be paid to the client, unless
(e) where and to the extent necessary for
otherwise agreed by the client in writing.
proper whistleblowing in respect of
wrongdoing or exploitation; and/or
(f) as may be required or permitted by law,
a court of competent jurisdiction or any
governmental or regulatory authority or
professional body.

1 May 2019 7
Principle 1 RIBA: Code of Practice

6. Bribery and corruption 6.5 Chartered Practices shall conduct due


diligence checks on potential clients to
6.1 Chartered Practices must not offer bribes or establish and verify their identity.
inducements.
GN 6.5: Due diligence checks depend on the
6.2 Chartered Practices must not accept bribes context. Checks on companies should include
or inducements. checks on the Companies House website.
Checks on individuals may involve having sight
GN 6.1 and 6.2: of an identity document (such as a passport or
(a) Bribes are not always direct offers of photographic driver’s licence) before agreeing a
money, but instead may be more indirect professional services contract.
gifts and incentives, including special offers
of discounts on products, or special access
to certain products. There is no clear-cut 7. Criminal conviction / disqualification as a
line on what does or does not constitute director / sanction
a bribe – it is a question of judgement in
the particular circumstances of the case. 7.1 A criminal conviction which relates in any
If you are unsure, begin by asking yourself way to a Chartered Practice’s practice of
how you would react if you found out that architecture may be regarded as grounds
another practice had accepted the incentive for sanction.
– does it feel right? Most importantly, 7.2 Chartered Practices who are the subject
record any reasoning and decisions you of a negative judgment of a Court of any
make about this in writing. kind must report it to the RIBA Professional
(b) This provision does not exclude the Standards team within 30 days.
exchange of small gifts and advantages in
the normal course of business – such as 7.3 Chartered Practices sanctioned by any
promotional gifts or corporate hospitality. professional regulator or professional
The value of any such gifts must not membership body must report it to the RIBA
be such that it could exert an improper Professional Standards team within 30 days.
influence over the recipient. 7.4 Chartered Practices shall not allow any
(c) Note the Bribery Act 2010: bribery person who has been expelled from
committed anywhere in the world by a UK membership of the RIBA or erased from the
citizen is a criminal offence. ARB, or other equivalent international register
of architects, as a result of disciplinary action,
6.3 Chartered Practices must not act corruptly to act as a board member, shareholder,
by giving, offering or receiving a gift or partner or director in a Chartered Practice.
advantage, which is given with the intention
of persuading the recipient to act against
their own professional obligations and/or the
interests of those to whom they owe a duty.
6.4 Chartered Practices must take reasonable
steps to report any suspicion of corruption or
bribery of which they become aware in their
professional activities for which their practice
may be responsible.

1 May 2019 8
RIBA: Code of Practice

2
Principle 2: Competence
Chartered Practices should continuously strive to improve their professional knowledge and
skill. Chartered Practices should persistently seek to raise the standards of architectural
education, life-long learning, research, training, and practice for the benefit of the public
interest, those commissioning services, the profession and themselves. Chartered
Practices should strive to protect and enhance heritage and the natural environment.

1. Skill, knowledge, care, ability GN 1.4: Chartered Practices must be competent


to undertake the services being offered by
1.1 Chartered Practices shall act competently, them. If the work is delegated to employees
conscientiously and responsibly and are or consultants, the Chartered Practice retains
expected to apply reasonable standards of responsibility for the services and must ensure
skill, knowledge and care in the performance that the individuals actually carrying out the
of all their work. work are competent to do so.
1.2 All architectural work undertaken by a 1.5 Chartered Practices shall abide by applicable
Chartered Practice must be under the laws and regulations at all times.
personal supervision of an RIBA Chartered
Architect. GN 1.5: Chartered Practices may rely on the
advice of other qualified persons as to the intent
1.3 Chartered Practices must be able to provide
and meaning of such laws and regulations. Such
the knowledge, the ability and the financial
qualified persons may include: construction
and technical resources appropriate for the
lawyers, party wall surveyors, cost consultants,
work they undertake. Chartered Practices
chartered surveyors and engineers. Chartered
shall realistically appraise their ability and
Practices are directly responsible for ensuring
resources to undertake and complete any
that they comply with laws and regulations.
proposed work.
1.6 Chartered Practices shall not make or be
GN 1.3: Chartered Practices should not accept knowingly party to misleading, deceptive or
work if they do not have sufficient resource false statements or claims regarding their
(particularly staff resource) with the appropriate professional qualifications, resources or the
skills, knowledge and experience, to satisfactorily services they or their practice are able to
complete it. provide. If Chartered Practices feel that they
are, or may be, unable to undertake and
1.4 Chartered Practices must accept
complete the work in accordance with the
responsibility for the professional services
client’s requirements, they should not quote
provided by them to their clients. Chartered
for or accept the work.
Practices should undertake to perform those
services only when they (together with those 1.7 Chartered Practices must make appropriate
whom they may engage as consultants) are arrangements for the continuation of
sufficiently qualified by education, training, professional work in the event of an
and/or experience in the specific areas individual employee’s incapacity, death,
involved and have the necessary resources absence from, or inability to, work. Chartered
to satisfactorily complete those services. Practices must also make appropriate

1 May 2019 9
Principle 2 RIBA: Code of Practice

arrangements for the continuation of 1.13 Chartered Practices must ensure that all
professional work in the event of ceasing to architect employees each undertake and
trade or bankruptcy. record continuing professional development
for as long as they continue in practice, in line
GN 1.7: Such appropriate arrangements may with current RIBA CPD requirements.
include the work being passed to a suitably
qualified and experienced colleague within the GN 1.13: The RIBA CPD Core Curriculum
practice, or having an agreement with another and further information can be found on the
local practice for them to offer to continue the RIBA website: https://www.architecture.com/
work for the client, where possible. education-cpd-and-careers/cpd/cpd-core-
curriculum.
1.8 Chartered Practices shall exercise proper
supervision of all work done under 1.14 Chartered Practices should reflect on and
their authority and accept professional evaluate their own work.
responsibility for it. 1.15 Chartered Practices must be familiar and up
to date with relevant codes of practice and
GN 1.8: ‘Under their authority’ may be under
guidelines which may be issued or endorsed
their employment, under their direct control or
by the Institute from time to time, especially
in the position of sub-consultants through a
those concerned with health and safety,
professional contract.
ethical practice, sustainability and protection
of the environment.
1.9 Chartered Practices shall advise their
clients in writing at the outset of a project
of the likelihood of achieving the client’s 2. Terms of appointment
requirements and aspirations.
2.1 All terms of appointment between a
1.10 Chartered Practices shall advise their Chartered Practice and their client must be
clients in writing as soon as is reasonably clear, agreed and recorded in writing before
practicable if the Chartered Practice’s the commencement of any professional
assessment of the likelihood of achieving services.
the client’s requirements and aspirations
changes during the project. GN 2.1: The RIBA Professional Services
1.11 Chartered Practices must apply their Contracts should be used where appropriate
informed and impartial professional and possible.
judgment in reaching any decisions, which
may require a Chartered Practice to balance 2.2 Chartered Practices must ensure that the
differing and sometimes opposing demands. terms of that appointment cover the key
requirements of a professional services
GN 1.11: Chartered Practices should ensure contract, including where relevant:
that they are properly informed and that they (a) definitions;
have the knowledge required before reaching (b) architect’s services;
any decisions. In applying their knowledge
and informed judgement, Chartered Practices (c) client’s responsibilities;
may be required to balance the stakeholders’ (d) assignment;
interests with the community’s, or the project’s (e) fees and expenses;
capital costs with its overall performance. Note (f) copyright licence;
paragraph 12 of the Introduction and that the
duty to the public interest takes precedence. (g) liability and insurance;
(h) suspension or termination;
1.12 Chartered Practices must continue to develop (i) dispute resolution; and
and update the skills, knowledge and expertise (j) the consumer’s right to cancel.
of their employees throughout their careers
for the benefit of the public, their clients, the GN 2.2: See the RIBA Professional Services
natural environment and the quality of the Contracts for more detailed conditions and
built environment. information, where appropriate.

1 May 2019 10
Principle 2 RIBA: Code of Practice

2.3 Chartered Practices shall ensure that any (b) how the Chartered Practice’s fees are to
variation to a standard form of contract is be calculated;
clear, agreed with the client and documented (c) the circumstances in which fees are
in writing. The fact that the standard terms triggered and payment is required; and
have been varied must be clearly stated on
(d) the circumstances in which additional
the document.
fees may become payable.
GN 2.3: Variations may be written into the GN 2.7: Chartered Practices are expected to take
original contract, once agreed, with clear wording “reasonable and appropriate steps” to aid client
to demonstrate that they are a variation to a understanding. Chartered Practices are expected
standard form of contract. Variations may also to give clear thought and effort to making the
be evidenced in a separate document, such as a client aware and confirming their understanding
letter, setting out the variations and noting that of the basis of the professional appointment.
they vary a standard form of contract. A written explanation of these matters to the
client, in the context of the particular project,
2.4 Chartered Practices shall ensure that any should be sufficient.
subsequent variations to the terms of their
appointment are agreed with the client, clear 2.8 Chartered Practices must ensure that an
and recorded in writing. RIBA Chartered Member is nominated as
2.5 Chartered Practices shall not materially a client contact on all architectural work
alter the scope or objectives of a project, or undertaken by the practice, and that the
the professional fees payable for services client is informed of the name and contact
provided in respect of it without their details of the nominated RIBA Chartered
client’s express written consent, except member at the outset of the project.
in accordance with any fee adjustment
arrangements set out in the terms of GN 2.8: The nominated client contact need not
appointment. be directly connected to the project, but shall be
available as a contact to assist in complaints or
2.6 Chartered Practices should take reasonable disputes that have not been able to be resolved
care to ensure that the terms of the contract through the usual mechanisms of the project
are legally accurate, are compatible with team or the practice procedures. They may or
other provisions, will not lead to excessive may not be the appointed day to day contact
liabilities and do not create conflicts of for the client.
interest.
2.9 Chartered Practices shall either include
GN 2.6: A Chartered Practice’s duty to check the
details of their written complaints procedure
terms of the contract exists to the extent that
(see Principle 3, 8.2) with the terms of
amended standard forms of appointment or
appointment, or shall make it clear that
bespoke terms of appointment are to be used.
the written complaints procedure will be
Most standard form contracts and terms are
provided on request.
already rigorously checked for legal accuracy
and are considered to constitute an acceptable
GN 2.9: See Principle 3, 8 below for further
contractual “bargain” between the parties.
details and guidance regarding Chartered
2.7 Chartered Practices must take reasonable Practices’ duties in connection with the handling
and appropriate steps to enable their client of complaints.
to understand generally what to expect
from the Chartered Practice under any
professional appointment. In particular, the
Chartered Practice should explain:
(a) the scope of the service being provided
and its limitations;

1 May 2019 11
Principle 2 RIBA: Code of Practice

3. Time, cost, quality 4. Keeping the client informed

3.1 Chartered Practices shall use reasonable 4.1 Throughout their engagement Chartered
endeavours to safeguard and promote Practices shall:
quality on the projects they undertake and in (a) keep clients reasonably informed of the
the professional services they provide. progress of a project, in writing where
possible;
3.2 Chartered Practices should endeavour to
deliver projects that: (b) inform their clients, in writing, of key
decisions made on the client’s behalf;
(a) are safe;
(c) notify the client, in writing, of identifiable
(b) are cost-effective to use, maintain and
risks or circumstances which may
service; and
adversely impact on the overall time, cost
(c) minimise negative impacts on the or quality of the project;
environment during their anticipated life-
(d) maintain appropriate records of
cycle.
the progress, circumstances and
3.3 Chartered Practices must carry out their communications regarding a project.
professional work without undue delay and, GN 4.1: Construction projects are complex
so far as it is within their powers: and stressful, and it is therefore important to
(a) within an agreed reasonable time limit communicate progress and changes to the client
and programme; and throughout a project, as well as maintaining
(b) in accordance with any cost limits agreed records of how a project has progressed. Good
with their clients. record keeping can greatly assist Chartered
Practices in the unfortunate event of a dispute
GN 3.3: This Heading is closely linked with or complaint. Any matter which may have an
keeping the client informed (Principle 2, 4), impact on the time, quality or cost of a project
therefore Chartered Practices should have (or the services provided by the Chartered
particular regard to satisfying that provision Practice) will be of particular concern to a client
when observing this one. and should be clearly identified at the earliest
opportunity and notified in writing upon the
3.4 Chartered Practices must use reasonable Chartered Practice becoming aware of the issue.
endeavours to advise their client on the need
for specialist advice to assist the client to 4.2 Chartered Practices shall notify clients in
ascertain and control the cost of the project. writing, upon becoming aware of any issue
which may significantly affect the quality,
GN 3.4: For example – Chartered Practices cost or timetable for completion of their own
should advise their clients how and why to work.
seek advice from a cost consultant or quantity
surveyor in respect of estimating and controlling
building costs.

3.5 Chartered Practices shall have a Quality


Management System in place to ensure that
their projects are run professionally and are
regularly monitored and reviewed.

GN 3.5: See the RIBA Quality Management


Toolkit for more information.

1 May 2019 12
Principle 2 RIBA: Code of Practice

5. Record keeping 5.2 All records, information and personal data


held by Chartered Practices in connection
5.1 Chartered Practices shall maintain with any professional engagement shall be:
appropriate records throughout their (a) securely stored;
engagement.
(b) maintained, accessed and used in
accordance with current legislation,
GN 5.1: Such records typically include, as a
including the current law pertaining to
minimum, the following written records:
data protection (see Principle 1, GN 4.7).
(a) A copy of the written terms of appointment 5.3 Chartered Practices shall, upon request,
/ conditions of engagement / professional return to a client any original papers, plans or
services contract; property to which the client is legally entitled.
(b) Details of the client brief / requirements,
including any restrictions on the project 5.4 Chartered Practices shall not unreasonably
programme or budget notified by the client; withhold permission from a departing
employee or partner to take copies of
(c) Details of the agreed scope of the designs, drawings, data, reports, notes, or
Chartered Practice’s work; other materials relating to work performed
(d) Details of agreed fees or the agreed method by the employee or partner which are not
/ basis of calculation of fees; confidential or commercially sensitive.

(e) Copies of any communications between


the Chartered Practice and client altering 6. Health and safety
the scope of services, fees or the term of
appointment; 6.1 Chartered Practices shall have reasonable
knowledge of, and abide by, all laws and
(f) Copies of any specific deliverables (such as regulations relating to health and safety as
drawings, specifications, reports or advice) they apply to the design, construction and
delivered during the course of the Chartered use of building projects.
Practice’s engagement;
(g) Details of any fees rendered and paid 6.2 Chartered Practices shall ensure that an
during the engagement (invoices and appropriate Health and Safety Policy is in
narratives of work performed); place and operational.

(h) Details of any money held by the Member GN 6.2: See the RIBA Health and Safety Policy
belonging to the client or any third party template for more information.
The legal limitation period for actions in England
and Wales for breach of contract is 6 years 6.3 Chartered Practices shall take reasonable
under a simple contract and 12 years if the steps to ensure that their clients, and those
contract is executed as a deed. This limitation with whom they have a direct professional
period runs from the date of breach of the relationship, are aware of and understand
contract. For claims in negligence, the legal their responsibilities under the laws and
limitation period is 6 years running from the regulations described at 6.1 above.
date when loss or damage is incurred as a 6.4 Chartered Practices must take reasonable
consequence of the negligent act or omission. steps to protect the health and safety of
Details of what should be retained will depend those under their direct control or instruction.
on the circumstances. Chartered Practices
should be aware that this may include digital
records and electronic correspondence.

1 May 2019 13
Principle 2 RIBA: Code of Practice

6.5 Chartered Practices must take reasonable 7. Inspection services


steps to protect the health and safety of
those carrying out, or likely to be directly 7.1 A Chartered Practice should advise their
affected by, construction work for which they client on the need for, nature and frequency
are providing professional services. This of inspections, based on the requirements
includes clients and Chartered Practices of of the specific project and the terms of the
the public. appointment.

GN 6.3, 6.4 and 6.5: ‘Reasonable steps’ may GN 7.1:


require doing more than is strictly required by When undertaking inspection services, the
law and regulations. nature and frequency of those inspections will
depend on the circumstances, particularly the
6.6 Chartered Practices must not enter into any
specific provisions of the contract. Chartered
contract which compromises their duty to
Practices should consider the need to tailor the
protect health and safety.
frequency and duration of the inspections to the
6.7 Chartered Practices must notify their client nature of the works. Chartered Practices may,
if they become aware of anything which depending on the contract, instruct contractors
compromises or may compromise their duty to leave parts of the work uncovered, for the
to protect health and safety. purposes of inspection. Chartered Practices
may need to inspect repeated elements of
6.8 If a Chartered Practice becomes aware of a work during the early course of construction
decision taken by their client which violates to determine whether the contractor is able to
any law or regulation and that will, in the satisfactorily carry out the work.
Chartered Practice’s professional judgment, Inspection does not guarantee that all defects
materially and adversely affect health and will either be prevented or revealed. A Chartered
safety, the Chartered Practice shall: Practice is therefore not necessarily liable in
(a) advise their client against the decision; relation to a contractor’s poor workmanship.
and/or
(b) refuse to consent to the decision; and/or
(c) report the decision to the local building 8. Building performance
inspector or other public official
charged with the enforcement of 8.1 Chartered Practices must facilitate and
the applicable laws and regulations, support an effective handover and building
unless the Chartered Practice is able to commissioning process, when engaged at
satisfactorily resolve the matter by other the relevant project stage.
means.
GN 8.1: Chartered Practices should use the
relevant sections of the RIBA Plan of Work
(https://www.ribaplanofwork.com/) to ensure a
successful handover of the building. In particular,
Chartered Practices should provide handover
information needed in respect of fire safety (in
accordance with the Building Regulations) and
the health and safety file (in accordance with
the CDM Regulations).

1 May 2019 14
Principle 2 RIBA: Code of Practice

8.2 Chartered Practices should promote and 10. Town and country planning
support the value and benefits of monitoring
and reporting on how a building operates and 10.1 Chartered Practices must advise their client
performs in accordance with design intent on and comply with relevant planning
and in response to the building occupants’ legislation and regulations.
needs. Chartered Practices should encourage
long-term maintenance and management 10.2 Chartered Practices should only provide
on site. professional services in relation to planning
matters if they are sufficiently qualified,
GN 8.2: Chartered Practices engaged at any competent or experienced to do so in the
project stage should inform clients of the value circumstances.
and benefits of post-occupancy evaluation.
Chartered Practices, where competent to do GN 10.2: This may or may not require specialist
so, should offer post-occupancy evaluation as training or qualification, depending on the
an additional added value service. Chartered circumstances and the particular nature of the
Practices should seek feedback on how a work.
building operates and performs in accordance
with design intent and in response to the building
occupants’ needs to use during the life of the 11. Law and regulations
building and/or on future projects. Chartered
Practices should disclose accurate and truthful 11.1 Chartered Practices shall not knowingly
information about the gap between project violate the law or advise or assist clients
intentions and outcomes, in accordance with in any conduct or actions they know to be
industry-wide methodologies and metrics. illegal, in performing professional services.
11.2 Chartered Practices shall take appropriate
9. Heritage and conservation steps to ensure that clients are properly
advised of their own relevant legal
9.1 Chartered Practices must respect the responsibilities.
importance and significance of Heritage Assets.
GN 11.2: Clients may have legal duties under
GN 9.1: A Heritage Asset is a building, various legislation (such as duties under the
monument, site, place, area or landscape Construction (Design and Management)
identified as having a degree of significance Regulations, Building Regulations and the Town
meriting consideration in planning decisions, and Country Planning Act). Chartered Practices
because of its heritage interest. Heritage asset should draw any such duties to the client’s
includes designated heritage assets and assets attention.
identified by the local planning authority
(including ‘local listing’).

9.2 Chartered Practices must only carry out


work affecting Heritage Assets if they
are sufficiently qualified, competent or
experienced to do so in the circumstances.

GN 9.2: This may or may not require specialist


accreditation, depending on the circumstances
and the particular nature of the work.

9.3 Chartered Practices who are unsure of or


unable to establish the significance of a
particular Heritage Asset on which they
are proposing to undertake work must first
seek specialist professional advice and/or
advise their client to instruct an appropriately
accredited specialist professional to
undertake the work.

1 May 2019 15
Principle 2 RIBA: Code of Practice

12. Certification 13. The environment

12.1 Chartered Practices shall exercise reasonable 13.1 Chartered Practices should consider the
skill and care when issuing or recommending environmental impact of their professional
the issue of any certificate. activities, including the impact of each
project on the natural environment.
GN 12.1:
13.2 Chartered Practices shall ensure that an
Practical Completion appropriate Environmental Management
Chartered Practices should not certify or Policy is in place and operational.
recommend the certification of Practical
GN 13.2: See relevant RIBA guidance and a
Completion of any construction work unless:
template in the RIBA Chartered Practice Toolbox.
(a) all of the construction work under the
relevant contract has been completed to 13.3 Chartered Practices shall advise their
the required standard; and clients on the need, if any, for specialist
(b) the Chartered Practice is satisfied that any professional advice required to ensure
contractual terms and pre-conditions to the that their project safeguards the local
certification of Practical Completion have environment, ecology and biodiversity.
been satisfied or discharged (or waived by GN 13.3: Such specialist professional advice
the client). may be from a conservation, environmental or
Chartered Practices should advise their clients sustainability specialist. It may concern issues
of the implications of certifying Practical such as: Tree Protection Orders, Conservation
Completion or taking partial possession. Areas, Sites of Special Scientific Interest, air
Chartered Practices should not certify or pollution and/or water quality.
recommend the certification of Practical
Completion if there are patent defects or 13.4 Chartered Practices should promote
incomplete works unless: sustainable design and development
principles in their professional activities.
• those outstanding works or defects are
minor items which can be remedied 13.5 In performing professional services,
without impacting on the beneficial use and Chartered Practices shall advocate the
occupation of the development; and design, construction, and operation of
sustainable buildings and communities.
• the Chartered Practice is satisfied that there
is sufficient retention or other security held 13.6 Chartered Practices shall inform clients
against the contractor to cover the cost of of sustainable practices suitable to their
remediating those items. project and shall encourage their clients to
Valuation adopt sustainable practices at the earliest
opportunity.
Chartered Practices should not certify or
recommend the certification of any payment 13.7 When performing professional services,
under a contract unless the Chartered Practice: Chartered Practices should develop
and discuss with their client a written
• has (where appropriate) reviewed or Sustainability Strategy for the project, where
inspected the relevant work for which appropriate.
payment is claimed; and
13.8 Chartered Practices must use reasonable
• is reasonably satisfied that the work for endeavours to specify and use sustainable
which payment is to be certified has been materials on their projects.
completed in accordance with the contract
under which payment is claimed. 13.9 Chartered Practices must use reasonable
As stated elsewhere in this Code, a Chartered endeavours to minimise whole-life carbon
Practice is not necessarily liable in relation to and energy use.
a contractor’s poor workmanship. Chartered
Practices are not required to guarantee that
defects in work will either be prevented or
revealed.

1 May 2019 16
Principle 2 RIBA: Code of Practice

13.10 Chartered Practices should practise 14. Community and society


evidence-informed design and should keep
records of the evidence used in reaching 14.1 Chartered Practices shall have proper
design decisions. concern and due regard for the effect that
their professional activities and completed
GN 13.10: Chartered Practices should keep projects may have on users, the local
written records of the evidence and data community and society.
examined and used by them in reaching
decisions in the design process. This should GN 14.1: This may involve conducting
include any reasons for not acting on particular consultations with the local community before
pieces of evidence considered. starting work on and during a development.
It may also involve carrying out consultations
with the local community after completion of
the project so that lessons can be learnt and
information shared to improve future projects.

14.2 In performing professional services


Chartered Practices should promote stronger
communities and improve equality, diversity
and inclusion in the built environment.

1 May 2019 17
RIBA: Code of Practice

3
Principle 3: Relationships
Chartered Practices shall respect and seek to uphold the relevant rights and interests of
others. Chartered Practices shall treat people with respect and shall strive to be inclusive,
ethical, and collaborative in all they do. Chartered Practices shall seek and promote
social justice.

1. Copyright (c) there are no known outstanding


contractual or other matters, which would
1.1 Chartered Practices shall respect applicable prevent the Chartered Practice from
laws on copyright and other rights of accepting the appointment.
intellectual property.
GN 2.1:
1.2 Chartered Practices must not copy or
appropriate the intellectual property of, nor (a) The existence of a dispute or contractual
take advantage of, the ideas of another issue does not necessarily prevent the
practice, architect or designer without Chartered Practice from taking over the
express authority from the originating project. Chartered Practices should use
practice, architect or designer. reasonable endeavours to understand
the facts of the dispute or issue and use
1.3 The contribution of others to a Chartered their professional judgement or seek
Practice’s work shall be appropriately independent advice when deciding whether
acknowledged. or not to proceed with a project.
GN 1.3: For example, photographs of a project (b) If there are any doubts or unresolved issues,
which are shared publicly should clearly state the Chartered Practice may wish to seek a
and acknowledge the contribution of any other suitable indemnity from the client. This may
architect, designer or practice who worked on take the form of a written letter from the
that project. client to the Chartered Practice, confirming
(a), (b) and (c) above.
1.4 Chartered Practices must not seek to pass
off someone else’s work as their own. 2.2 When approached by a client to undertake
work, Chartered Practices must make
2. Previous appointments reasonable enquiries to establish whether or
not any other architect is already involved.
2.1 Chartered Practices shall inform the previous
2.3 If another architect is involved on an existing
appointee before accepting an appointment
project the Chartered Practice must clarify
to continue a project started by someone
with the client whether their role will be to
else, and shall also ascertain from the
replace the other architect or to undertake
potential client that:
separate work on the same project.
(a) the previous appointment has been
properly terminated; and 2.4 Chartered Practices must, unless there
(b) they (the client) hold a licence to use is a justifiable reason not to, inform the
any information, including drawings, other architect in writing that the client has
specifications, calculations and the like, approached them.
prepared by the preceding appointee; and

1 May 2019 18
Principle 3 RIBA: Code of Practice

3. Peers 4.5 Chartered Practices shall treat the beliefs


and opinions of other people with respect.
3.1 Chartered Practices must not seek to
damage anyone’s reputation or practice. 4.6 Chartered Practices shall ensure that an
appropriate Equality, Diversity and Inclusion
3.2 Chartered Practices must not deliberately Policy is in place and operational.
approach another practice’s or architect’s
client in an attempt to take over an GN 4.6: See relevant RIBA guidance and a
active project. template in the RIBA Chartered Practice Toolbox.

GN 3.2: This clause does not prevent speculative 4.7 Chartered Practices shall comply, where
approaches to clients, particularly professional applicable, with the Member Staff Protocol.
clients who regularly engage architects.
GN 4.7: The Member Staff Protocol is
3.3 Chartered Practices engaged to review, available on www.architecture.com or from the
appraise or comment on an architect’s work Professional Standards team.
must do so fairly and objectively, based on
their own knowledge and experience. 4.8 Chartered Practices shall comply with
applicable law pertaining to equality and
3.4 Chartered Practices who become aware of diversity, including (but not limited to) the
a probable breach of the Code by another Equality Act 2010.
Chartered Practice or Member shall report
it to the RIBA Professional Standards team,
with such supporting information and 5. Modern slavery
evidence as is available.
5.1 Chartered Practices shall comply with all
GN 3.4: Failure to report a probable breach applicable legislation concerning Modern
is only justified when prevented by law or the Slavery.
courts. This includes an agreed settlement which
precludes further action. Members must have GN 5.1: Chartered Practices should be familiar
reasonable grounds for reporting a probable with the provisions of the Modern Slavery Act
breach. 2015 in the UK, and any subsequent updates.
Chartered Practices should be aware of any
similar legislation in the jurisdictions in which
4. Equality, diversity and inclusion they practise.

4.1 Chartered Practices shall provide their 5.2 Chartered Practices should seek to raise
professional services and conduct their awareness of the issues of Modern Slavery in
professional activities in a manner that construction.
encourages and promotes equality of
opportunity and diversity. 5.3 Chartered Practices shall exercise reasonable
skill and care to use supply chains which are
4.2 Chartered Practices shall not discriminate free from Modern Slavery.
unlawfully on the grounds of age, disability,
gender reassignment, marriage or civil GN 5.3: ‘Supply chains’ include both materials
partnership, pregnancy or maternity, race, and people. Chartered Practices should be
religion or belief, sex, sexual orientation, aware of the labour used in the extraction,
nationality, culture or socio-economic manufacture and production of materials they
background. use or specify, as well as the direct labour
involved in their projects.
4.3 Chartered Practices shall not victimise
or harass anyone in the course of their 5.4 Chartered Practices shall treat their own
professional activities. supply chains fairly.
4.4 Chartered Practices shall treat all persons
fairly, with courtesy and respect and
without bias.

1 May 2019 19
Principle 3 RIBA: Code of Practice

5.5 Chartered Practices shall report abusive 6.6 Legal employment disputes cannot be
labour practices to proper and recognised resolved through the RIBA’s disciplinary
authorities when they become aware of them procedures. In order to form a judgement
in connection with any projects undertaken. on whether a Chartered Practice is guilty of
professional misconduct in respect of an
GN 5.5: The proper and recognised authorities employment matter, the RIBA Professional
will depend on the specific circumstances, Conduct Panel may first require a decision
but may include: the police, a regulator, a on the matter from a competent authority,
professional body or the modern slavery such as an Employment Tribunal.
helpline - https://www.modernslaveryhelpline.
org/report. GN 6.6: this provision does not prevent a
Professional Conduct Panel from considering all
employment issues. The Panel may still consider
6. Employment and responsibilities as an employer certain issues, such as a potential breach of the
RIBA Employment Policy, without the decision
6.1 Chartered Practices shall provide their of a competent authority. This provision seeks
employees with a fair, safe and equitable to ensure that legal disputes are decided in the
working environment. appropriate forum.
6.2 Chartered Practices shall provide all 6.7 As an employer of an architectural student
their staff with a full written contract of undertaking professional experience, a
employment. Chartered Practice must have regard for the
6.3 Chartered Practices shall pay their staff student’s general training and education in
fairly and facilitate and encourage their accordance with the objectives of the RIBA
professional development. professional experience scheme.
6.8 Chartered Practices who employ students
GN 6.3: Chartered Practices are required to pay must:
all staff, including freelance staff, apprentices
and students, at least the Living Wage, as (a) (as with all staff) provide them with a full
defined by the Living Wage Foundation (https:// written contract of employment;
www.livingwage.org.uk/). Chartered Practices GN 6.8 (a): See relevant model employment
should have clear and transparent policies in contracts as may be provided by the RIBA
respect of: (a) salaries and pay grades; and for Chartered Practices employing students
(b) payment for overtime. Chartered Practices undertaking practical experience.
should also have regard to guidance concerning
the gender pay gap, including here: (b) pay them fairly;
https://www.gov.uk/government/organisations/
GN 6.8 (b): See Principle 2, GN 6.3 above.
government-equalities-office.
(c) nominate in writing an employment
6.4 Chartered Practices must comply with good mentor to supervise the professional
employment practice and must operate an development of the student and to
Employment Policy which addresses the complete the quarterly RIBA professional
requirements of the RIBA Chartered Practice experience records in a timely manner;
Employment Policy Guide.
(d) provide a reasonable breadth of work
6.5 Members shall have regard for the maximum experience and level of responsibility in
weekly working hours and the 48 hour accordance with any relevant and current
working week under the working time RIBA guidance; and
directive and should ensure that the hours
worked by their employees are reasonable
and allow for a healthy work-life balance.

GN 6.5: https://www.gov.uk/maximum-weekly-
working-hours.

1 May 2019 20
Principle 3 RIBA: Code of Practice

(e) permit reasonable attendance at 8.2 Chartered Practices shall provide details
courses, study days, examinations and of the written complaints procedure with
work shadowing in accordance with any the terms of appointment, or the terms
relevant and current RIBA guidance. of appointment shall make it clear that
the written complaints procedure will be
GN 6.8 (e): Chartered Practices employing a
provided on request (see Principle 2, 2.9).
student undertaking practical experience should
meet with the student at the beginning of their GN 8.2: The complaints procedure should:
employment, and regularly thereafter, to discuss
(a) be easy for clients to use and understand;
and agree arrangements for attending courses,
study days, examinations and work shadowing. (b) enable complaints to be dealt with
Different students may have different needs. promptly and fairly, with decisions
based on a sufficient investigation of the
circumstances; and
7. Competitions (c) not involve any charges to clients for
handling their complaints.
7.1 Chartered Practices who are engaged in any Further information on producing a written
form of competition to win work or awards complaints procedure can be found on
should act fairly and honestly with potential www.architecture.com.
clients and competitors.
8.3 Chartered Practices must handle complaints
7.2 Chartered Practices shall only participate
courteously and promptly at every stage, and
in a competition process which they know
as far as practicable in accordance with the
to be reasonable, transparent, impartial
following time scales:
and compliant with any applicable
procurement law. (a) an acknowledgement within 10 working
days from the receipt of a written
7.3 Chartered Practices who find themselves complaint; and
involved in a competition process which (b) a response addressing the issues raised
breaches paragraph 7.2 above should in the initial letter of complaint within
endeavour to rectify the competition process 30 working days from its receipt.
or withdraw from it.
8.4 Chartered Practices should encourage
alternative methods of dispute resolution,
8. Complaints and dispute resolution such as mediation or conciliation.

8.1 Chartered Practices must have written GN 8.4: If a complaint or dispute cannot
procedures for dealing with disputes or be resolved by a Chartered Practice’s own
complaints. procedures, Chartered Practices and clients
may make use of the Institute’s Alternative
GN 8.1: The Institute recognises that in the Dispute Resolution (ADR) services, which include
course of their work Chartered Practices may mediation, adjudication and arbitration. Further
occasionally be involved in disputes and information is available on the RIBA website,
complaints. Chartered Practices are expected www.architecture.com.
to have a written procedure, appropriate to the
scale and nature of their practice, which handles
disputes and complaints promptly.

1 May 2019 21
Principle 3 RIBA: Code of Practice

9. Advertising / business names / 9.6 Chartered Practices must abide by current


use of RIBA crest and logo rules on use of the RIBA crest and RIBA
Chartered practice logo.
9.1 Chartered Practices must ensure that all
marketing and promotional material used to GN 9.6:
promote their services is:
(a) legal, decent and truthful; The crest: Chartered Practice logo:
(b) fair to others; and
(c) accurate in respect of the level of
expertise and resources being offered by
the Chartered Practice.
9.2 In advertising their services, Chartered
Practices must not:
(a) make misleading statements, through
words or images;
(b) unfairly discredit competitors, directly or 10. Insurance
indirectly; or
10.1 Chartered Practices must hold suitable
(c) encourage or condone unacceptable insurance to cover any potential liabilities
behaviour. arising from negligence or breach of contract
9.3 In advertising their services, Chartered associated with their professional activities.
Practices must comply with all relevant
legislation, including the Architects Act 1997. 10.2 Chartered Practices must have in place
adequate run-off cover when they cease
GN 9.3: Careful attention should be paid to the practice, to cover work previously undertaken.
use of protected words, titles or descriptions –
such as the title ‘architect’ which is governed by GN 10.2: Insurance must be held when a claim
the Architects Act 1997. is made, rather than when an incident occurred.
Chartered Practices should therefore acquire
9.4 Chartered Practices must meet and uphold a minimum of 6 years’ worth of run-off cover
all membership criteria as set out in the RIBA and continue to monitor any risk they have of
Chartered Practice declaration. a claim being made against them after this
time. Run off cover should be held at the same
9.5 Chartered Practices must ensure that their amount as its highest level in the three years
business or practice titles accurately reflect prior to the cessation of practice.
the services being provided.
10.3 Chartered Practices must comply with the
GN 9.5: It is acceptable to retain historic names insurance requirements of any applicable
as practice names as long as the actual legal legislation and/or local professional or
ownership of the practice is clear. regulatory body globally.

GN 10.3 For example, in the UK the ARB requires


all practising registered architects to be covered
by a professional indemnity insurance policy.

1 May 2019 22
Principle 3 RIBA: Code of Practice

10.4 Chartered Practices must make information 11. Non-disclosure agreements


about their insurance available to their clients
where required to do so by law, but they 11.1 Chartered Practices must not use non-
are not required to disclose the level of any disclosure agreements (NDAs) to prevent
professional indemnity insurance held by the reporting of wrongdoing or professional
them unless: misconduct to the relevant authorities (for
(c) their insurer has given consent to example by making improper threats of
disclosure; and/or litigation).
(d) they are otherwise required to do so
GN 11.1: NDAs are often used to protect
by law and/or a local professional or
commercial interests. Proper use of NDAs by
regulatory body.
Chartered Practices is permitted. Chartered
Practices should be cautious and seek
GN 10.4
independent advice if seeking to use an NDA
For more information see The Provision of to protect their reputation or the reputation of
Services Regulations 2009: Other information to their practice. NDAs must not be used to prevent
be made available the proper reporting of wrongdoing to relevant
8 (1) The provider of a service must make authorities, such as the police, a regulator or a
the following information available to a professional body.
recipient of the service:
(n) where the provider is subject to a
requirement to hold any professional 12. Whistleblowing
liability insurance or guarantee, information
about the insurance or guarantee and in 12.1 Chartered Practices shall have in place
particular written internal procedures to enable proper
(i) the contact details of the insurer or whistleblowing by employees.
guarantor, and
12.2 Chartered Practices shall take all reasonable
(ii) the territorial coverage of the insurance or steps to protect and support whistleblowers.
guarantee.
GN 12.2: Employees in Chartered Practices have
10.5 Chartered Practices should inform their the right not to suffer detriment or dismissal
insurers of any likely claim as soon as for ‘blowing the whistle’ on a matter of public
possible. concern or malpractice at the workplace, or on
any requirements of RIBA Chartered Practices.
GN 10.5: Insurers are likely to have their own
stipulations for notifying them of possible 12.3 Chartered Practices should report dangerous
or likely claims. Chartered Practices should situations and suspected wrongdoing to an
comply with any stipulated timeframes in their appropriate person or organisation as soon
insurance policy. as possible.

GN 12.3: An appropriate person may be an


employer, a professional body or a prescribed
person or organisation: https://www.gov.uk/
whistleblowing/who-to-tell-what-to-expect.
Dangerous situations include situations where
employees, colleagues, clients or identifiable
third parties are in danger.

1 May 2019 23
RIBA: Code of Practice

Definitions
Words will generally be taken to have their ordinary/dictionary meaning. Some additional specific definitions are here
by way of additional guidance:

Term Definition
Affiliate Member A person who has been elected as a member of the Affiliate Class of
membership of the RIBA as set out by the Regulations
Associate Member A person who has been elected as a member of the Associate Class of
membership of the RIBA as set out by the Regulations
Charter and Byelaws The RIBA 1837 Charter, 1971 Supplemental Charter and Byelaws as amended
from time to time
Chartered Architect The title Chartered Members may use in accordance with the provisions of
this Code, the Regulations and the Charter and Byelaws
Chartered Member An architect who has been elected to the class of Chartered Membership of
the RIBA in accordance with the Regulations
Chartered Practice A formally-established business providing architectural services and
comprising one or more Chartered Members which meets the criteria for, and
operates in accordance with, the RIBA’s Chartered Practice scheme
Code This Code of Professional Conduct
Competent authority Any person or organisation that has the legally delegated or invested
authority, capacity, or power to perform a designated function
Complaint A grievance, or a statement that something is unsatisfactory or unacceptable
Confidentiality The duty to refrain from sharing private or restricted information with others
without express consent
Consultant A person who provides expert advice professionally
Court of competent jurisdiction A court that has the authority to do a certain act or hear a certain dispute
Direct professional relationship Relationships with colleagues, clients and third parties in direct relation to
professional matters
Due regard To consciously consider
Educational sector Parts of the economy that consist of a variety of educational providers,
schools, colleges, universities, charities, agencies, businesses that have the
purpose or role of providing a form of education to members of the public
Employee A member of staff, a person employed for wages or salary
Employer A person or organisation that employs people
Gender pay gap The average difference between the remuneration of male and female
employees

1 May 2019 24
RIBA: Code of Practice

Term Definition
Governmental authority The Government of the United Kingdom or any other nation, or of any
political subdivision thereof, whether state or local, and any agency, authority,
instrumentality, regulatory body, court, central bank or other entity exercising
executive, legislative, judicial, taxing, regulatory or administrative powers or
functions of or pertaining to government
Harass To subject to aggressive pressure or intimidation
Heritage Asset A building, monument, site, place, area or landscape identified as having a
degree of significance meriting consideration in planning decisions, because
of its heritage interest
Honorary Fellows A person who is ineligible for Chartered Membership and is elected as
an Honorary Fellow of the RIBA in acknowledgement of their significant
contribution to the advancement or practice of architecture or the
development of the profession
Inspection Services / inspections Visual inspections to review the general progress and quality of the works as
they relate to the architectural design
Institute The Royal Institute of British Architects (RIBA)
Law The system of rules which the United Kingdom, or any country a Member is
operating in, recognises as regulating the actions of its members and which it
may enforce by the imposition of penalties
Legal disputes Any action, suit or proceeding between or among parties to an agreement
Legal obligations Obligations or duties that are enforced by a court of law
Living wage A wage that is high enough to maintain a normal standard of living
Local community Residents of the local area
Members A person who has been elected as a Member of the RIBA (includes Student,
Affiliate, Associate, Chartered, Fellow and Retired RIBA members)
Non-Disclosure Agreement A contract by which one or more parties agree not to disclose confidential
information that they have shared with each other
Practical Completion When the construction work is certified as practically complete under the
Building Contract
Practising Actively engaged in the architectural profession
Private sector The part of an economy that is not under direct state control, which is run by
private individuals or groups
Professional activities / Activities/services carried out in the course of a Chartered Practice’s
professional services operation
Professional Conduct Panel The RIBA’s hearing panel which deals with formal complaints brought against
an RIBA Member or Chartered Practice
Professional membership body An organisation comprised of members practising a profession or occupation
in which the organisation maintains an oversight of the knowledge, skills,
conduct and practice of that profession or occupation.
Proper concern To consider thoroughly

1 May 2019 25
RIBA: Code of Practice

Term Definition
Public interest The welfare or wellbeing of the general public
Public sector The part of an economy that is controlled by the state, usually comprised of
organisations that are owned and operated by the government
Reasonable endeavours/care/ To take a reasonable course of action to achieve the objective. Reasonable
steps care is the degree of caution and concern an ordinarily prudent and rational
person would use in similar circumstances. It is a standard used to determine
a legal duty and whether such duty was fulfilled
Regulations The RIBA Regulations made by Council under the Institute’s Charter and
Byelaws, as published from time to time
Regulatory authority/body, A public authority or government agency responsible for exercising
Professional regulator autonomous authority over a particular area in a regulatory or supervisory
capacity
RIBA The Royal Institute of British Architects
RIBA Employment Policy The Employment Policy as published by RIBA from time to time and available
on the RIBA website
RIBA Equal Opportunities Policy The Equal Opportunities Policy as published by RIBA from time to time and
available on the RIBA website
RIBA Professional Experience and An RIBA scheme devised as a means for architectural students to record
Development Record Scheme their professional experience and development in practice, as part of their
(PEDR) education and qualification as an architect
RIBA Professional Standards The RIBA department which deals with such disputes and complaints as
team prescribed by RIBA Codes and Policies, and its Charter and Regulations
Sanction A penalty following disciplinary proceedings (including: private caution, public
reprimand, suspension, expulsion)
Significance When used in the conservation and heritage sector – part of the built
environment which is of cultural, historical, architectural, social, spiritual or
aesthetic importance
Social use Contrary to professional purposes; usage in one’s private life, for
correspondence with friends or family
Staff An employee
Statement An expression of something in speech or in writing
Sustainability / Sustainable Comprises environmental, social and economic considerations. Sustainability
Development / sustainable development in architecture addresses the negative
environmental, social and economic impacts of buildings
Student Members A student of architecture who has been elected as a member of the Student
Class of membership of the RIBA as set out by the Regulations
Victimise To selectively treat someone cruelly or unjustly
Whistleblowing Exposing information or activity within an organisation that is deemed illegal,
unethical, or not correct

1 May 2019 26
Royal Institute of British Architects
66 Portland Place, London W1B 1AD
Email: [email protected]

You might also like