ARC522 - Professional Practice

AR. TANAYA PAUL

 Unit I: Architecture Profession
• Importance of Architecture Profession,
• Role of Architects in the society,
• Architects’ Act 1972,
• Amendments & Provisions, registration of architects,
• Relations with clients, contractors, consultants, public
authorities.
• Ways of getting works; types of works, works partly
executed by other architect;
• Precautions to take before taking up the work; conditions of
engagement between the architect and client.
• Role of Council of Architecture and Indian Institute of
Architects, functions, constitution, and rules & regulations.
• Code of professional conduct & Ethics, Social responsibility,
Publications.
Importance of Architecture Profession
Who is an Architect?
…… An architect is a person who designs buildings and prepares the
drawings and instructions about how to build them.
Importance of Architecture Profession
1. Architecture as the Physical Framework of Development
2. Economic Growth and Employment Generation
3. Managing Urbanization and City Growth
4. Housing and Social Equity
5. Environmental Sustainability and Climate Responsibility
6. Preserving Cultural Identity While Modernizing
7. Public Infrastructure and Governance
8. Disaster Resilience and Safety
9. Innovation, Technology, and Future Readiness
10. Ethical and Professional Responsibility
Role of Architects in Society
Creating Urban Identity and Sense of Place
Ensuring Public Health and Safety

Improving Functionality and Urban Planning

Championing Environmental Sustainability

Promoting Sustainable Development

Fostering Community and Cultural Identity

Fostering Social Interaction and Connectivity

Influencing Urban Development and Public Spaces

Revitalizing Urban Areas and Regeneration

Balancing Client Needs with the Public Good

Enhancing the Well-being of Residents

Need for the Architects Act in India
Growth of Architecture as a Regulated Profession
Before the enactment of the Architects Act, 1972, the profession of architecture in India was
largely unregulated. There was no legal framework to define who could call themselves an “architect,” leading
to an influx of unqualified individuals practicing architecture without proper education or training. This created
challenges such as:

1. Lack of standardized education and training in architecture.

2. No regulatory body to oversee professional conduct and ethics.

3. Unfair competition between qualified architects and unqualified designers.

To address these issues, the Government of India introduced the Architects Act in 1972, establishing
the Council of Architecture (COA) to regulate the profession, maintain a register of qualified architects, and
set minimum educational and professional standards.
Role of the Indian Institute of Architects (IIA) in
Advocating the Act
• The Indian Institute of Architects (IIA), founded in 1917, played a key role in advocating for
statutory regulations in the architectural profession.
• As the premier professional association for architects in India, the IIA actively lobbied for
the legal recognition of architecture as a regulated profession, ensuring that only trained
and qualified individuals could design and oversee buildings.
• Their efforts significantly contributed to the drafting and passage of the Architects Act, 1972,
providing a strong foundation for the development of the profession.
The Architects Act 1972
• 4 Chapters, 45 Sections, 1 Schedule

• (Preliminary, CoA, Registration of Architects, Miscellaneous)

• Minimum Standards of Architectural Education

• Recognized Qualifications

• Registration of Architects

• Standards / Norms of practice to be complied with, by the Practicing Architects

The Architects Act 1972
Chapter I: Preliminary
This chapter provides an overview and foundation for the Act, covering:

1. Short title, extent, and commencement of the Act.

2. Definitions of key terms such as Architect, Council, Register, Recognized Qualification, etc.
Chapter II: Council of Architecture (COA)
This chapter outlines the formation, structure, and functions of the Council of Architecture (COA),
the statutory body that regulates architects in India.

Establishment, Composition, and Election Process of COA

• Sections 3 to 6 of the Act discuss the establishment, composition, and election process of the COA.
• The Council consists of members from various professional and educational backgrounds,
including nominated and elected representatives from government bodies, architecture institutions, and
professional organizations.
• The President and Vice-President (Section 4) are elected from among the members, and their tenure,
election process, and provisions for vacancies are outlined in these sections.
Validity and Functioning of the Council
To ensure smooth governance, Section 7 states that the validity of proceedings of the COA, its Executive
Committee, or other sub-committees will not be affected due to vacancies.

Section 8 lists the disqualifications or disabilities that prevent an individual from holding office.

The procedures for meetings (Section 9) and the formation of the Executive Committee and other committees
(Section 10) define how the COA carries out its responsibilities.

Remuneration, Staffing, and Financial Management

The Act also regulates the financial and administrative framework of the COA.

Sections 11 to 13 cover the fees and allowances of the President, Vice-President, and members,
the appointment of officers and employees, and the financial management of the Council to ensure its
efficient functioning.
Recognition and Regulation of Architectural Education
• A major function of the COA is to recognize and regulate architectural qualifications.

• Sections 14 to 17 deal with the recognition of degrees granted by Indian and foreign institutions, ensuring they
meet prescribed academic and professional standards.

• The Central Government has the power to amend the list of recognized qualifications (Section 16) when
necessary.

• The effect of such recognition (Section 17) ensures that only approved degrees are valid for professional
practice.

Inspection and Withdrawal of Recognition

• To maintain educational quality, Sections 18 to 21 give the COA the power to inspect architecture courses,
demand information on curriculum and examinations, and regulate academic standards.

• If an institution fails to meet these requirements, the COA can recommend the withdrawal of recognition (Section
20) to maintain quality in the profession.
Professional Conduct and Ethics
• Finally, Section 22 defines the ethical responsibilities of architects, ensuring they follow professional guidelines.

• This section mandates that architects must uphold the integrity, safety, and credibility of the profession,
safeguarding public interest and maintaining high professional standards.

Chapter III: Registration of Architects

This chapter outlines the eligibility, process, and maintenance of the National Register of Architects in India.

Preparation and Maintenance of the Register

Sections 23 and 24 deal with the preparation and maintenance of the National Register of Architects by
the Council of Architecture (COA).

The first register was compiled at the time of the Act’s implementation, and COA continues to update and
maintain it by adding new qualified architects.
Eligibility and Registration Process
• To be eligible for registration, an individual must possess a recognized qualification in architecture (Section
25).

• Subsequent registration procedures (Section 26) outline the steps required for new applicants, including
document verification, fees, and approval by the COA.

• The Act also mandates renewal of registration (Section 27) through periodic fee payments to maintain an
architect’s legal status.

Additional Qualifications and Amendments to the Register

• Architects who obtain higher degrees or certifications can add them to their professional record under Section
28.

• This ensures that their qualifications remain up-to-date in the register.

Removal, Restoration, and Disciplinary Actions
• Sections 29 to 32 deal with disciplinary actions and the removal or restoration of names from the register.

• An architect’s registration may be revoked for professional misconduct, non-payment of renewal fees, or violating COA
regulations.

• However, Sections 32 and 33 allow for reinstatement or issuance of duplicate certificates if valid reasons are
presented.

Publication and Legal Effect of Registration

• To maintain transparency, COA publishes the updated register periodically (Section 34).

• The legal effect of registration (Section 35) establishes that only individuals listed in the register can use the title
“Architect” and practice architecture legally in India.
Chapter IV: Miscellaneous
The final chapter covers penalties, legal protections, and administrative powers to ensure compliance with the
Act.

Penalties for Misuse of the Title “Architect”

• Sections 36 and 37 impose strict penalties for individuals falsely claiming to be registered
architects or using the title “Architect” without legal authorization.

• This provision prevents unqualified individuals from misleading the public and ensures that only trained
professionals design buildings and infrastructure.

Failure to Surrender Certificate and Legal Action

• Section 38 outlines penalties for failing to return the registration certificate upon suspension, cancellation,
or voluntary resignation.

• Section 39 allows courts to take legal action against individuals violating any provisions of the Act.
Transparency and Accountability of COA
• The Council of Architecture is required to provide public access to important information related to
architecture professionals and institutions under Section 40.

• Additionally, Section 41 grants legal protection for COA officials acting in good faith, ensuring they can enforce
the Act without personal liability.

Administrative Powers of COA and Central Government

1. COA officials and members are declared public servants under Section 42, reinforcing their authority.

2. Section 43 gives the Central Government power to resolve difficulties in implementing the Act.

3. Section 44 empowers the government to make rules, while Section 45 allows COA to create regulations for
the effective governance of the profession.
Architects (Professional Conduct) Regulations, 1989
• All profession prescribe code of conduct for its members to maintain dignity, quality, standards of personal and
professional conduct and the way profession needs to be practised along with the quality of services rendered.

• They prescribe dos and don'ts for the professionals while rendering those services and practicing.

• Main objective is to promote standard of professional conduct/ self-discipline required of an Architect.

• Major functions prescribed under the Act is to regulate the professional conduct of members and frame regulations
for the members.
•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.

•He shall promote the advancement of Architecture, standards of Architectural Education and Architectural
practice.

•An Architect shall provide professional services of a high standard, to the best of his ability.

•He shall uphold and inform his Client of the COA – Conditions of Engagement and Scale of Charges and agree
that these conditions shall be the basis of appointment.

•He shall not sub-commission to another Architect the work for which he has been commissioned without the
prior agreement of his client.

•He shall not give or take discounts, commissions or other inducements for the introduction of Clients or of work.

•He shall compete fairly with other Architects and not prepare designs for a Client without payment or for a
reduced fee.
• 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.

•He shall act with fairness and impartiality when administering a building contract.

•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.

•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.

•He shall recognize and respect the professional contribution of his employees, his associates and provide them
with suitable working environment, compensate them fairly and facilitate their professional development.

•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.

•He shall comply with the Council’s guidelines for Architectural Competitions.
Advertising

---- shall not advertise his professional services nor shall he allow his name to be
included in an advertisement or to be used for publicity purposes
 • a notice of change of address may be published on three occasions and correspondents may be informed by post,
• an Architect may exhibit his name outside his office and on a building, which is either under construction or
completed, for which he is or was an Architect, provided, the lettering does not exceed 10 cm. in height,
• advertisements including the name and address of an Architect may be published in connection with calling of
tenders, staff requirements and similar matters
• 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
• may allow his name to appear in advertisements inserted in the press by suppliers or manufacturers of materials
Advertising - Exceptions

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,
• 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
• 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
• may allow his name to appear in the classified columns of the trade / professional directory and/or telephone
directory/ website.
Architecture Services
1. Taking Client's instructions and preparation of design brief.
2. Site evaluation, analysis and impact of existing and / or proposed development on its
immediate environs.
3. Design and site development.
4. Structural design.
5. Sanitary, plumbing, drainage, water supply and sewerage design.
6. Electrical, electronic, communication systems and design.
7. Heating, Ventilation and Air conditioning (HVAC) and other mechanical systems.
8. Elevators, escalators, etc.
9. Fire detection, Fire protection and Security systems etc.
10. Periodic inspection and evaluation of Construction works.
• Landscape Architecture

• Interior Architecture

• Architectural Conservation

• Retrofitting of Buildings
An architect as a coordinator of allied professionals
• Graphic Design and Signage

• Civil/structural engineer

• Mechanical engineer

• Electrical engineer

• Fire safety consultant

Architect design a building where building is constructed in the site with structural
drawings provided by civil/structural engineer Good leader
Sanitation and drainage problem will be solved by sanitary engineer
Proper decision
With the help of mechanical engineer he should operate the machines like lift, HVAC
etc.
maker
With the help of electrical engineer architect designs the lighting system and
placement of transformer, DG set etc
Friendly
Interior designer help architect to make better interior space regarding colour, texture,
furniture layout etc. Motivated
Landscape architect helps in providing better external environment like gardening,
pavements etc. Coordinator
It shows the architect should coordinate allied professionals for the desires, comfort
and elegant building construction purpose.
Schedule of Services
Architectural services are rendered in 7 stages

Stage 1 - Concept Design

Stage 2 - Preliminary Design & Drawings

Stage 3 - Drawings For Client’s approvals-- Statutory Approvals

Stage 4 - Working Drawings &--Tender Documents

Stage 5 - Inviting /Analysing Tenders, appointment of Contractors

Stage 6 - Construction & Supervision

Stage 7 - Completion
Conceptual design Preliminary design and drawings
Ascertain Client's requirements Modify conceptual designs
examine site constraints & potential incorporating required changes
prepare a design brief for Client's approval prepare the preliminary drawings/ sketches/ study
Prepare report on site evaluation,/ state of existing model for Client's approval
buildings, if any along with preliminary estimate of cost on area
analysis impact of existing/ proposed development on basis
environment
Prepare drawings/ documents for Client to get done Drawings for client’s/ Statutory approval
detailed survey & soil investigation of the site Prepare drawings for Client's final approvals
-Suggest measures required to mitigate adverse impact of Prepare drawings essential for statutory approvals
the existing / proposed development on its immediate ensure compliance with codes, standards and
environments. legislation
Prepare conceptual design based on requirements assist Client in obtaining statutory approvals- if
prepare rough estimate of cost on area basis. required
Working drawings and Tender documents Construction Stage
Prepare working drawings Prepare / issue working drawings/ details for proper execution of
works during construction
specifications and schedule of quantities
Approve samples of various elements and components
sufficient to prepare estimate of cost/ tender documents
Check /approve shop drawings submitted by contractor/ vendors
including mode of measurement
Visit the site of work, at intervals mutually agreed upon
method of payments
inspect / evaluate the Construction Works where necessary clarify any
quality control procedures on materials & works decision
other conditions of contract offer interpretation of drawings/specifications

Appointment of Contractors attend conferences / meetings to ensure project proceeds in

accordance with conditions of contract
Invite, receive and analyse tenders
keep Client informed
advise Client on appointment of contractors
to ensure work proceeds according to contract documents/ drawings
to exercise time and quality controls
Completion stage
day-to-day supervision carried out by appointing--Construction
Prepare / submit completion reports and drawings for Manager (Clerk of Works/ Site Supervisor or
project assist the Client in obtaining "Completion/
Occupancy Certificate“from statutory authorities Issue Certificate of Virtual Completion of works

Issue two sets of as drawings including services and

structures
 Schedule of Payments
Retainer 5% of the total fees payable or Rs. 20,000 whichever is
On appointment/ Signing of Agreement/ Acceptance of higher, adjustable at the last stage
offer
Stage 1 10% of the total fees payable
On submitting conceptual design and rough estimate of
cost
Stage 2 10% of the total fees payable
On submitting the required preliminary scheme for the
client’s approval along with the preliminary estimate of
cost
Stage 3 15% of the total fees payable
a. On incorporating client’s suggestions and submitting
drawings for approval from the client/ Statutory
authorities, it required.
b. Upon client’s / Statutory approval necessary for
commencement of construction, wherever applicable
Stage 4 10% of the total fees payable
Upon preparation of working drawings, specifications, and
schedule of quantities sufficient to prepare an estimate of
cost, and preparation of tender documents.
 Schedule of Payments
Stage 5 10% of the total fees payable
On inviting, receiving and analysing tenders; advising client
on appointment of contractors.
Stage 6 30% of the total fees payable
On submitting working drawings and details required for
commencement of work at site.
Stage 7 10% of the total fees payable
On submitting completion report and drawings for issuance
of completion/occupancy certificate by statutory
authorities, wherever required and on issue of as built
drawings
Comprehensive Architectural Services
Scope of Work & Services: Site Development but excluding Landscape Architecture, Interior Architecture, Graphic
Design and Signage.
Minimum fees/Reimbursable expenses
Single Block Housing and sites up to 0.5 hectare : 5 Percent on the cost of works assigned.
For a site more than 0.5 hectare and up to 2.5 hectares: 3.5 Percent on the cost of works assigned.
For a site more than 2.5 hectares and up to 5 hectares : 2.5 Percent on the cost of works assigned.
For a site more than 5 hectares : 2 Percent on the cost of works assigned.
Individual House : 7.5 Percent on the cost of works assigned.
Interior Architecture/Graphic design and signage
7.5 percent on the cost of works assigned
Landscape Architecture
7.5 percent on the cost of works assigned
 Type of Project/ Services Minimum fees / Reimbursable expenses

All projects other than housing 5 Percent

Repetition of the building in the same campus 2.5 to 5 percent

Repetition of the building at a different site 3.5 percent

Site Development [except 1.1 and 1.2] 2.5 Percent

Architectural Conservation/ Retrofitting/ Additions and alterations 7.5 Percent

Type of Project/ Services Minimum fees / Reimbursable expenses

Urban Design For all projects except Housing: 1 percent on the cost of works assigned, to be computed at a
rate of Rs 6M per [Link]. of proposed built-up area.
Housing Projects : 20 percent of the fee payable for housing, on the cost of works assigned, to be
computed at a rate of Rs 6M per [Link]. of proposed built-up area.
In case of Urban Renewal projects fee payable shall be 1.5 times of the fee stated above based
on actual cost of works assigned.
Above fees are subject to a minimum of Rupees 240M.

Interior Architecture/ Graphic design 7.5 percent

and signage
Landscape Architecture 7.5 percent
Site Visits
Visits by an architect/consultant in connection Actual Airfare/ AC First class fare (to and fro), AC
with project for which commissioned car, Boarding and lodging expenses and local
transport
Outstation visit Rs. 3000/-
Travelling, Boarding and lodging expenses for each
day
Local site visit/field visit Rs 1000/-
Advisory consultancy Actual Airfare/ AC First class fare (to and fro), AC
car, Boarding and lodging expenses and local
transport
Outstation Rs. 10000/-
Local Rs. 4000/-
Documentation and communication charges 10% of the professional fees
Verification and certification of contractor’s bills 1% in addition to above fees
Execution of the assignment
• Keep the client informed about the progress of work in his office
• Appoint specialized consultants in consultation with the client, if necessary
• Responsible for the direction and integration of the consultants work
• Advise the client on the time schedule (bar chart/PERT/ CPM network) prepared by the contractors for the
completion of work, if required
• Supply to the client, free of cost, upto six sets of drawings at different stages
• Not make any deviations, alterations or omissions from the approved drawings, involving financial implications
without prior consent of the client
• Any professional services to be rendered by the Architect at the instance of the Client after the agreed project completion
period shall be compensated for on mutually agreed terms.
• exercise all reasonable skill, care and diligence in the discharge of his duties and shall exercise such general
superintendence and inspection as may be necessary to ensure that works are being executed in accordance with the
Conditions of Contract.
• Any revision in the drawings, tenders and documents, once approved, required to be made by the Client shall be
compensated as additional services rendered by the Architect and paid for @ 50% of the fee prescribed for the relevant
stage(s).
• No change shall be made in the approved drawings and specifications at site without the consent of the Architect.
• Any curtailment of the professional services, beyond Stage 2, shall make it obligatory for the client to pay at least 20% of
the fee for the remaining Stage(s) of the curtailed work/ Services
Professional Liabilities
Indemnity Insurance: The architect is required to indemnify the client against losses and damages incurred by the
client through the acts of the Architect and shall take out and maintain a Professional Indemnity Insurance Policy,
as may be mutually agreed between the Architect and the Client, with a Nationalised Insurance Company or any
other recognized Insurance Company by paying a requisite premium.

Maintenance of Record: The architect is required to maintain all records related to the project for a minimum
period of 4 years after the issuance of Certificate of Virtual Completion.

Duration: The architect's liability shall be limited to a maximum period of three years after the building is handed
over to / occupied by the owner, whichever is earlier.
Copyright/ ownership

• Architectural design is an intellectual property of the Architect. The drawings, specifications, documents and
models as instruments of service are the property of the Architect whether the project, for which they are made,
is executed or not.
• The Client shall retain copies of the Architect's models, drawings, specifications and other documents for his
information and use in connection with the project.
• These shall not be used for any other project by the Client or the Architect or any other person, except for the
repetition as stipulated in the Scale of Charges.
Termination of agreement
• Agreement between the Architect and the Client may be terminated by either one giving the other a written
notice of not less than 30 (thirty) days, should either fail substantially to perform his part of
responsibilities/duties, so long as the failure is not caused by the one initiating the termination.

• When termination of this Agreement is not related or attributable, directly or indirectly to any act, omission,
neglect or default on the part of the Architect, the Architect shall be entitled to professional fees as stipulated

• In the event of Architect's firm closing its business or the Client having terminated the agreement, the Client
shall have the right to employ another Architect to complete the work, after making payment to the previous
architect's firm.
Thank You