Professional Ethics and Code of Conduct: For Architecture

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FOR ARCHITECTURE

Ar.A.Purushothaman, Research Scholar, Department of Architecture, NITT


Unit II- Study Material
Subject Code : Degree / Branch :
Subject Name : Professional Practice and Ethics I Year/Sem/sec :
Faculty :

UNIT – II

PROFESSIONAL ETHICS AND CODE OF CONDUCT

Role of Indian Institute of Architects – Architects Act 1972 (intent, objectives, provisions with regard
to architectural practice) – Council of Architecture (role and functions) – Importance of ethics in
professional practice (Council of Architecture guide lines) – Code of conduct for architects as
prescribed by council of Architecture, punitive action for professional misconduct of an architect).

1. ROLE OF INDIAN INSTITUTE OF ARCHITECTS

 The Indian Institute of Architects (IIA) is the national body of Architects in the country.
 Having started in the year 1917, the institute today has more than 15000 members.
 The Institute has major role to play in promoting the profession of architecture by organizing
and uniting in fellowship the Architects of India to promote aesthetic, scientific and practical
efficiency of the profession both in practice and in Education.
 IIA is represented on various national and international committees connected with
architecture, art and the building industry and is also actively associated with international
Union of Architects (UIA) commonwealth Association of Architects(CAA) and South Asian
Association for regional Co-operation of Architects(SAARCH)

The IIA aims to


1.To encourage the study of architecture.
2.The elevate the standard of architectural practice and
3.by mutual support to promote the interest of architects throughout the country

2. ARCHITECTS ACT 1972


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The Govt. of India enacted the Architects Act 1972 under the act of the parliament for the
registration of Architects and for statutory matters connected there with. This statutory legislation
had come into force w.e.f. 1st September, 1972.

The main purpose of this act is to regulate the practice of Architects and thus to protect the general
public from unqualified persons working as Architects and ensure the professional conduct of the
practicing Architects. As per the provisions of the Act only those persons “registered” with the
Council of Architecture under Architects Act 1972, can use title and style of the Architect. The
Government, therefore cannot recognize any person other than a registered Architect or a firm of
Architects practicing as an “Architect” for any purpose whatsoever.

According to the council of Architecture – Professional conduct regulations, the profession of


Architecture calls for men of integrity, business capacity and artistic ability. An Architect should act
as a professional advisor to his client and his advice must be absolutely disinterested and his
honesty of purpose must be above suspicion. He should maintain a high professional standard and
conduct himself in a manner which is not derogatory to his professional character or bring disrepute
to Architects.

3. COUNCIL OF ARCHITECTURE

The council of Architecture (COA) an autonomous statutory body of the Government of India, has
been constituted by the Government of India under the provisions of the Architects Act, 1972,
enacted by the parliament of India which came into force on 1 st September 1972. The council of
Architecture is charged with the responsibility of enforcing the Act throughout the country,
including Registration of Architects, regulating the Architectural; profession and Architectural
Education throughout India, besides maintaining the Register of Architects for in the purpose the
Council of Architecture has framed Regulations as provided for in the Architect’s Act with the
approval of the Government of India.
 The COA is headed by a president who is assisted by an executive committee and a council
The council consists of 45 members representing
 IIA
 Heads of architectural institutions
 Chief architects of all states and union territories
 Union ministry of education
 Institutions of engineers
 Institution of surveyors
 The council is assisted by a register who is full time employee of the council. He is empowered
with certain functions prescribed by the act.

THE MAIN FEATURES OF THE ACT

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1. A corporate body known as COA is created.
2. It has powers or registration of architects
3. It enrolls persons holding recognized degree or diploma in architecture or persons who have
been practicing as architects for a period of 5 years before 1972.
4. It recommends to the government additional qualification acceptable for registration.
5. It holds enquiries into misconduct of architects and takes suitable action.
6. It prescribes minimum standards of education ant training of architects in India.

The act has 4 chapters and a schedule of rules


CHAPTER 1
 This chapter contains short title of the Architect act.
 Definitions of words such as architect COA,IIA, etc.

CHAPTER2
This chapter deals with COA, its office bearers, their election, meetings of the council formation
of committees, officers and staffs of COA, its finances recognition of architectural qualifications
and of architectural institutions.

CHAPTER 3
This chapter deals with the procedure for registration of architects, preparation of register, fees
for initial registration, renewal, re-instatement, removal from register procedure for enquiries
relating to misconduct.

CHAPTER 4
This chapter deals with matters such as penalty for claiming to be registered prohibition against
the use of title architect, powers of central Government to make rules and powers of council to
makes regulations.

SCHEDULE
The schedule contains recognized Indian degrees and diplomas in architecture and some
recognized qualifications in other countries.

COA rules 1973

1. These rules prescribe the manner of election of


 5 representatives of IIA
 5 heads of architectural institutions of India
 Election of the president of COA and other office bearers.
2. Manner of filing complaints against architects for misconduct.

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3. Performa for registration of architects
4. Procedure for conducting enquiry by the disciplinary committee.
5. Other forms prescribed for election of office bearers of the council

DUTIES OF THE VARIOUS COMMITTEE OF COA

1. EXECUTIVE COMMITTEE
 It is headed by a president.
 It has a vice president and 5 members elected by the council from among its own members.
 Tenure of the committee in 3 years.
 Functions
a. Formulate the budget.
b. Carryout specific directives of the council.
c. take action on reports of various committee
d. Assist the president in laying down the policy.

2. DICIPLINARY COMMITTEE
 This committee consists of 3 members.
 It is headed by the president or vice-president who is assisted by 2 members.
 Functions
a. To conduct hearings in all cases of unprofessional conduct, referred to it by the council and
report its findings and recommendations to the council.
b. The tenure of this committee in m years.

3. APPEALS COMMITTEE
 This committee consists of 2 or 3 members.
 It is usually by the vice president
 Functions
a. It considers appeals made by aggrieved persons whose applications for registration have
been rejected by the registrar.
b. Most of these appeals relate to applications under section 25B and hence one of the
nominees of institution of engineers is appointed in the committee.

4. ALL INDIA BOARD OF STUDIES IN ARCHITECTURE


 Board created as a result of MOU with AICTE
 It consists of 15 members not necessarily members of the council.
 Non council members are selected based on their professional background and connection
with architectural institutions
 functions
a. Deals with architectural education matters like

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 Minimum standards
 syllabus
 Inspection of educational institutions imparting education in architecture
b. This board is headed by a president
c. It has tenure of three years.

4. HOW IS THE PROFESSION OF AN ARCHITECT GOVERNED?

The profession of an Architect is governed by the Architects (professional conduct) regulations, 1989
(as amended in 2003), which deals with professional Ethics and Etiquette conditions of Engagement
and scale of charges, Architectural competition guidelines etc. The COA has framed guidelines
governing the various aspects of architectural practice and the professional conduct required of an
Architect. An architect must follow these guidelines in his professional conduct and any violation
shall constitute a professional misconduct, which will attract disciplinary action as stipulated under
the Architects Act, 1972.

THE ARCHITECTS PROFESSIONAL CONDUCT REGULATIONS AS PER COUNCIL OF ARCHITECTURE

A brief summary of the Architects (Professional conduct) Regulations, 1989 as amended in 2003) is
given hereunder –
An Architect shall apply his skill to the creative, responsible and economic development of the
country and contribute to the quality of the environment and future welfare of society.
1. He shall promote the advancement of Architecture, standards of Architectural education and
architectural practice.
2. An Architect shall provide professional services of a high standard, to the best of his ability.
3. He shall uphold and inform his Client of the COA – conditions of engagement and scale of
charges and agree than these conditions shall be the basis of appointment.
4. He shall not sub-commission to another Architect the work for which he has been commissioned
without the prior agreement of his client.
5. He shall not give or take discounts commissions or other inducement for the introduction of
Clients or of work.
6. He shall compete fairly with other architects and not prepare designs for a client without
payment pr for a reduced fee.
7. He shall not supplant or attempt to support another Architect.
8. He shall not attempt to obtain, offer to undertake or accept a project for which he knows
another Architect has been selected or commissioned, unless he has evidence that the selection
or agreement has been terminated and he has given the previous architect written notice that
he is accepting the project.
9. He shall act with fairness and impartiality when administering a building contract.

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10. He shall not have or take as partner in his firm any person who is disqualified for registration or
whose name has been removed from the register.
11. If an Architect practices as a partner in a partnership firm or is in-charge to a company
registered under the companies Act, 1956, he shall ensure that such firm or company complies
with the Architects professional conduct regulation.
12. He shall recognize and respect the professional contribution of his employees, his associates and
provide them with suitable working environment, compensate them fairly and facilities their
professional development.
13. He shall recognize and respect the professional contribution of his consultants and enter into
agreement with them defining their scope of work, responsibilities, functions, fees and mode of
payment.
14. He shall comply with the council’s guidelines for architectural competitions.
15. He shall not advertise his professional service save the following exceptions:
 He may exhibit his name outside his office or on a building for which he is or was an Architect.
 He may allow his name to appear in advertisement inserted in the press by suppliers or
manufacturers of materials used in a building he has designed.
 He may allow his name and address to be published in advertisements in connection with calling
of tenders or staff requirements, etc.
 He may allow his name to appear in brochures prepared by clients for the purpose of advertising
pr promoting projects for which he has been commissioned.
 He may allow his name to be associated with illustrations and descriptions of his work in the
press or other public media.
 He may produce or publish brochures describing his experience capabilities for distribution to
potential clients whom he can identify by name and position.
 He may allow his name to appear in the classified columns of the trade/ professional directory
and/ or telephone directory.
 He may publish a notice of change of address on three occasions and correspondents may be
informed by post.

WHAT IS PROFESSIONAL MISCONDUCT OF AN ARCHITECT?

If an Architect violates any of the COA – professional conduct regulations, 1989 (as amended in
2003), then it shall constitute professional Misconduct. Any matter regarding professional
Negligence and/or Deficient service provided by the Architect, shall be referred to the council of
architecture, to adjudicate whether the Architect is guilty of professional Misconduct, and will
attract disciplinary action as stipulated under the Architects Act, 1972.

QUESTIONS (Unit-II)
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Two Marks

1. Mention how an architect can advertise himself as per the code of conduct.
2. What are the duties of the Council of Architecture?
3. What is the role of IIA in architectural profession?
4. Trace the origin of council of architecture?
5. What is your understanding of the term architectural control?
6. Describe the history and origin of IIA?
7. What are the objectives of architect’s act 1972?
8. Write short note on Indian Institute of Architects?

Eight & Sixteen Marks

9. List down the guidelines laid down by the COA for the professional code of conduct for architects.
10. Explain the salient features of the Architects Act of 1972.
11. Which is more practical? The IIA guidelines or COA guidelines? Give reason for your reply.
12. Do you consider information on website of an architect as advertisement?
13. Describe the history and origin of IIA. How does it differ from COA.
14. Explain the history and important features of Architect’s act 1972.
15. Explain the importance of code of conduct for an architect. Elaborate some of the actions of an
architect which will be construed as violation by the code of conduct as prescribed by the council of
architecture.
16. Explain the genesis of council of architecture and enlist the contributions made by the council of
architecture to the field of architecture
17. Describe the code of conduct prescribed by the COA for architects.
18. Explain the importance of code of conduct for an architect?
19. Elaborate on the code of conduct prescribed by COA with particular reference to the issues
concerned with another architect his employees.

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