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Professional Practice & Ethics in Architecture

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22 views21 pages

Professional Practice & Ethics in Architecture

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Uploaded by

kaleeswaran
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

Mohamed Sathak A J Academy of Architecture, Chennai

AR 6903 Professional Practice & Ethics


Regulation 2013

SHORT DESCRIPTION QUESTIONS

1. How is the Architecture Profession protected by Law?


Copyright Protection To Architectural Works
a. Freedom of Panorama
b. Protection under the ambit of Copyright Act
c. protection under the Ambit of Design Act
d. Application of Mischief rule by the courts

2. Give the responsibilities of a Principal Architect towards his/ her employees?


The principal architect is the most important person & the face of the firm taking up all
legal & financial responsibilities-
a. Have a steady flow of work to maintain Office standards
b. Coordinate with various Consultants to obtain the desired results without
any hitch/ delay
c. Proper distribution of work among Office staff
d. Financing of the Office
e. Attend to Contract, Cost planning & Time limit for the completion of the
work
f. To take an active part in the Social activities
g. To submit work for publication in Technical journals

3. What are the liabilities of an Architect?


Professional Liabilities of an Architect are as follows:

a. 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.
b. 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.
c. 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.

4. Outline the role of IIA?

The role of IIA is

● to unite fellow architects in our country

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● To promote Architectural profession & encourage Architectural education in India


● To prescribe syllabus & hold an examination for those who have missed formal
education in architecture
● To bring changes in laws relating to Architectural practice
● To organize conferences, seminars, lectures, etc o,n subjects related to
Architecture
● To promote the improvement of quality of life and awareness about the
Architectural profession in society.

5. What is the importance of ethics in professional practice?

Ethics is the branch of moral science which treats the duties which a member of the
architectural profession owes to:

● Clients
● Calling he opted out for
● Council of architecture or to the institute in which he is a member
● Professional brothers
● community

6. Explain the role of architect to the profession and the society?

An Architect’s role to the profession and the society at large are as follows-

● He/she must ensure that his professional activities do not conflict with his/her general
responsibility to contribute to the quality of the environment and future welfare of the
society
● He/she shall apply his skills to the creative, responsible, and economic development of
our country
● He/she has to promote the advancement of architecture, standards of architectural
education, research, training, and practice

7. Give the alternatives an Architect can choose from when starting personally?
At the time of commencing his/ her career, an Architect has the following choices:
● To buy a practice or may inherit the practice
● To work in a firm and climb the ladder of promotion to the stage of becoming a
principal or the partner of the firm
● Leave the firm and start his/ her price

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● To win ​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.

8. Enlist the salient features of Architect’s Act 1972?


● The Act provides for registration of Architects, standards of education, recognized
qualifications and standards of practice to be complied with by the practicing architects.
● The Council of Architecture is charged with the responsibility to regulate the education
and practice of profession throughout India besides maintaining the register of
architects.
● For this purpose, the Government of India has framed Rules and Council of Architecture
has framed Regulations as provided for in The Architects Act, with the approval of
Government of India.

9. What is the role of COA?


The Council of Architecture (COA) is responsible for regulating the education and
practice of profession throughout India besides maintaining the register of Architects.
Any person willing to pursue 'Architecture' as a profession will have to register with the
Council of Architecture (COA).

10. Define Punitive Action as per Law?


After holding the inquiry and after hearing the Architect, the Council of Architecture, may,
by order, reprimand the said Architect or suspend him from practice as an Architect or
remove his name from the register or pass such other order as it fits - This is defined as
Punitive action

11. What are the provisions for an Architect to promote his/her work as per the Architects
Code of Conduct & Ethics?
● He may exhibit his name outside his office or in a building for which he is or was
an Architect.
● He may allow his name to appear in advertisements inserted in the press by
suppliers or manufacturers of materials used in a building he has designed.
● He may allow his name to appear in brochures prepared by clients for the
purpose of advertising or promoting projects for which he has been
commissioned.

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12. With the help of a flow chart, explain the organisational structure in an Architectural
Firm?

13. What is the required documentation to register with the COA?

● DOB certificate/proof
● 10+2/ equivalent examination mark-sheet. In case of 10+3 diploma, enclose all
semester’s mark-sheet & diploma certificate
● Degree or Provisional Certificate issued by the Competent Authority/ University
● Caste/Category Certificate, if any, applicable.
● All semester/year’s mark-sheets of the recognised qualification(including
Fail/ATKT/Supplementary etc.) for all the semesters / years along with Practical
● Training certificate, if any. Alternatively, consolidated Marksheet which contains all
semesters/years detailed marks.

14. Define the various types of Architectural practice?


Architectural Practice:
1) Proprietary concern :
Individual Ownership.

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Investment of capital is done by an individual.


2) Partnership Firm :
Ownership is shared by two or more partners
3) Private Limited Company:
Size of partnership firm increases and annual income of firm goes up

DETAILED DESCRIPTION QUESTIONS

1. Explain in detail the Professional liability of an Architect

Professionals are required to discharge their obligations and commitments diligently and
befitting with quality and standards of services. The laws of the land mandate that the
professionals should provide services to the consumers in a required manner exercising duty of
care and while doing so they should not commit any negligent act. In order to protect the
interest of the consumers against the breach of duty, the deficient services have been defined
by the statute and legal actions have been initiated on the erring professionals. The services
rendered by architects have also been covered by the relevant laws of the country. What is the
professional liability of architects for the buildings which have been designed and its
construction and completion is supervised by them and thereafter, remain under the control and
management of owners/ occupants, and not under the superintendence of an architect who was
originally engaged for the design and supervision of construction. In reality, the longevity and
stability of the building are dependent upon the observance of safety and maintenance norms.
Although the Council of Architecture has prescribed the Conditions of Engagement and Scale of
Charges, the question of professional liability of architects during the post completion period of
the project remained a vexed question for many years.

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.

Nature of Liability: ​An architect is liable for the negligent act which he committed in the
performance of his duties. The action against an architect can be initiated by the Client on
satisfying the following conditions: ​(a)​There must exist a duty to take care, which is owed by an
architect to his client. ​(b)​There must be failure on the part of an architect to attain that standard
of care prescribed by law, thereby committed breach of such duty

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2. Discuss the important provisions of The Architect’s Act 1972

An Act to provide for the registration of architects and for matters connected therewith.
BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:-
CHAPTER-I Preliminary
CHAPTER-II Council of Architecture
CHAPTER-III Registration of Architects
CHAPTER-IV Miscellaneous
I – Preliminary: ​ This Act may be called the Architects Acts, 1972.
It extends to the whole of India.
II - Council of Architecture:
1. The Central Government shall constitute a council known as the Council
of Architecture, a corporate body with the power to take legal actions,
holding and disposing of movable and immovable property.
2. The Head Office of the Council shall be at Delhi or other place as
mentioned by the Central Government.
3. The Council shall consist of the following members, namely:-
a) 5 architects from the members of IIA(Indian Institute of Architects);
b) 2 persons from AICTE(All India Council for Technical Education);
c) 5 persons from the heads of architectural institutions;
d) The Chief Architects in the Ministries of the Central Government;
e) 1 person nominated by the Central Government;
f) 1 architect from each State nominated by the Government of that
state;
g) 2 persons from the members of Institution of Engineers(India);and
h) 1 person from the members of Institution of Surveyors(India).
4. The President and the Vice-President of the Council shall be elected by
the members of the Council from among themselves.
a) Shall hold office for three years. b) Shall do the duties as mentioned
by the regulations.
5. Elections shall be conducted in such manner as prescribed by rules. If
any dispute arises in the election, the matter was sent to a Tribunal
appointed by the Central Government, and the decision of the Tribunal
shall be final. The expenses of the Tribunal were taken by the Council.
6. An elected member shall hold office for a term of three years.
7. An elected member may, any time, resign his membership by writing
letter addressed to the President.
8. A Casual vacancy in the Council shall be filled by fresh election or
nomination.
9. Members of the Council were eligible for re-election or re-nomination,
but not more than 3 times.
10. No activity of the Council was invalid if
a) Any defect in the constitution of the Council,

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b) Any defect in the election, or


c) Any irregularity in the procedures.
11. A person was not be eligible for election as a member of the Council, if
he is
a) Unable to pay any debts(money)
b) Imprisoned for any offence
12. The Council shall meet at least once in every six months.
13. Nine members of the Council forms a Committee, and all the acts of the
Council was decided by a voting.
14. In case of an equal division of votes, the President, or the
Vice-President, shall have a second vote.
15. The Council forms a committee called as Executive Committee to carry
out its functions. The Executive Committee consists of the President
and the Vice-President of the Council. The President and the
Vice-President of the Council shall be the Chairman and ViceChairman
of the Executive Committee.
16. The President, the Vice-President and other members of the Council get
the fees and allowances sanctioned by the Central Government.
17. The Council shall-appoint a Registrar and such other officers/employees
18. There shall be a Fund under the control of the Council. The Council may
invest any money from the fund.
19. The Executive Committee will appoint inspectors,
a) To inspect any college or institution where architectural education
is given.
b) Recommending the Central Government recognition of
architectural qualifications.
c) The inspectors will report to the Executive Committee on the
standards of architectural education including staff, equipment,
accommodation, training and such other facilities.
d) The Executive Committee will send a copy of report to the college
or institution.
e) If the report was not satisfactory the council will forward it to the
Government.
f) The Government will send it to the College for explanation.
20. The Council may prescribe
a) The minimum standards of architectural education.
b) The standards of professional conduct.
III - Registration of Architects:
1. The Central Government prepares a register of architects for India. The
Council will maintain the register.
2. The register includes the following particulars, namely:-
a) The full name with date of birth, nationality and residential address
of the architects;

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b) His qualification for registration, and the date on which he obtained


that qualification and the authority which conferred it;
c) The date of his first admission to the register;
d) His professional address; and
e) Other particulars.
3. Registration Tribunals was appointed for preparing the register of
architects for the first time.
a) The Central Government will notify the date and fees for
registration sent to the Registration Tribunal.
b) The Registration Tribunal will check all applications and if it is
satisfied that the applicant is qualifies for registration.
c) Every person whose name is entered in the register will get a
certificate of registration.
4. A person shall get fees if he carries the profession of architect in India
and his name entered to the register.
5. Any person whose application for registration is rejected by the Registrar
may appeal to the Council, within three months of the date of such
rejection.
6. The registration has to be renewed after 31st of December. The renewal
fee has to be paid before April. If the renewal fee was not paid, the name
will be removed from the register.
7. The council can remove the name if
a) A request has been received;
b) Who has died;
c) His name has been entered in the register by error;
d) He has been convicted of any offence;
e) He is an undercharged insolvent;
f) Have unsound mind;
8. A person whose name has been removed from the register should
surrender his certificate of registration.
9. If the certificate was lost, the registrar will issue duplicate certificate.
IV – Miscellaneous:
1. The registered architect can only use the title of architect after the expiry
of one year.
2. If any person’s name has been removed from the register fails to
surrender his certificate of registration, he shall be punishable with fine.

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3. List the qualifications required to become an Architect and also explain the Registration
procedure

Eligibility to become Architect are given as follows-

For [Link]:
● Candidates must have 50% aggregate marks in board exams and must have completed
class 12 with Mathematics and English as compulsory subjects.
● Candidates who have completed 3-year diploma after class 10 are eligible to apply for
[Link] course.

● Most of the colleges also require candidates to clear architecture entrance exams such
as JEE Main, JEE Advanced and NATA.

For PG and Doctoral Degrees:


● For these courses, candidates must have completed their Bachelor in Architecture.

● Candidates are also required to pass PG entrance exams like GATE and CEED.

Registration with the Council Of Architecture (COA)

The most important and obvious step is to get registered with the Council of Architecture(COA)
and obtain a certificate from a recognized university. To apply for registration as an architect
under section 25(a) of the Architects Act, 1972, a person is required to submit various
documents-

Documents to be submitted-
Documents must be duly attested by a Gazetted Officer or Notary Public/Oath Commissioner or
self attested. Documents should be properly stapled with the application form in the same order
as provided in the Checklist.
The documents to be submitted for the Registration include the following:
● Application form: ​After filling up the application online, take a printout of the duly filled
form and sign it.
● Birth certificate:​ A copy of the date of birth certificate- attested by either a Gazetted
Officer or Notary Public/Oath Commissioner.

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● 10 + 2 mark sheet:​ A copy of mark sheet of 10+2 or equivalent examination showing at


least 50% marks in aggregate with Mathematics as a subject at 10+2 level attested by
either a Gazetted Officer or Notary Public/Oath Commissioner.
● Architectural qualification certificate in original: ​The final recognized architectural
qualification degree certificate on the basis of which registration is sought i.e. 5-year
[Link]. Degree or 5-year Diploma in Architecture or 5-year Government Diploma in
Architecture or Membership of I.I.A. Certificate, In Original
● Copies of mark sheets for all semesters/years
● Caste/ category certificate:​ If any applicable
● Demand Draft:​ A demand draft for Rs.600/- (non-refundable) drawn in favor of “Council
of Architecture”- payable at Delhi/New Delhi towards registration fee,
● Self-addressed envelope:​ For sending the certificate of registration by Registered Post.
● Registered post:​ The original degree/diploma certificate should preferably be sent by
Registered Post to avoid any loss in transit along with a self-addressed envelope large
enough to contain it.

4. Enumerate the general standards of professional conduct laid down by the COA that an
Architect member must follow.

Every architect, either in practice or employment, subject to the provisions of


the Central Civil Services (Conduct) Rules,1964 or any other similar rules
applicable to an Architect, he shall –

1. Ensure that his professional activities do not conflict with his general responsibility
to contribute to the quality of the environment and future welfare of society.
2. Apply his skill to the creative, responsible and economic development of his
country.
3. Provide professional services of a high standard, to the best of his ability.
4. If in private practice, inform his client of the conditions of engagement and scale of
charges and agree that these conditions shall be the basis of the appointment.
5. Not sub-commission to another architect or architects the work for which he has
been commissioned without prior agreement of his client.
6. Not give or take discounts, commissions, gifts or other inducements for the
introduction of clients or of work.
7. Act with fairness and impartiality when administering a building contract.

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8. Maintain a high standard of integrity.


9. Promote the advancement of architecture, standards of architectural education,
research, training and practice.
10. Conduct himself in a manner which is not derogatory to his professional character,
nor likely to lessen the confidence of the public in the profession, nor bring
architects into disrepute.
11. Compete fairly with other architects, Observe and uphold the council's conditions of
engagement and scale of charges.
12. Not supplant or attempt to supplant another architect.
13. Not prepare designs in competition with other architects for a client without payment
or for a reduced fee (except in a competition conducted in accordance with the
architectural competition guidelines approved by the council).
14. Not attempt to obtain, offer to undertake or accept a commission for which he knows
another architect has been selected or employed until he has evidence that the
selection, employment or agreement has been.
15. Terminated and he has given the previous architect written notice that he is doing so
provided that in the preliminary stages of work, the client may consult, in order to select the
architect, as many architects as he wants, provided he makes payment of charges to each
of the architects so consulted.16. Comply with council's guidelines for architectural
competitions and inform the council of his appointment as assessor for an architectural
competition.
17. When working in other countries, observe the requirements of codes of conduct
applicable to the place where he is working.
18. Not have or take as partner in his firm any person who is disqualified for
registration by reason of the fact that his name has been removed from the
register under section 29 or 30 of the Architects act, 1972.
19. Provide their employees with suitable working environment, compensate
them fairly and facilitate their professional development.
20. Recognize and respect the professional contribution of his employees.
21. Provide their associates with suitable working environment, compensate
them fairly and facilitate their professional development.
22. Recognize and respect the professional contribution of his associates.
23. Recognize and respect the professional contribution of the consultants.
24. Enter into agreement with them defining their scope of work, responsibilities,
functions,fees and mode of payment.
25. Shall not advertise his professional services nor shall he allow his name to be
included in advertisement or to be used for publicity purposes save the following
exceptions :
(a) A notice of change of address may be published on three occasions and
correspondents may be informed by post.
(b) An Architect may exhibit his name outside his office and on a building, either under
construction or completed, for which he is or was an Architect, provided the lettering
does not exceed 10 cm in height.

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(c) Advertisements including the name and address of an Architect may be published in
connection with calling of tenders, staff requirements and similar matters.
(d) May allow his name to be associated with illustrations and descriptions of his work in
the press or other public media but he shall not give or accept any consideration for
such appearances.
(e) May allow his name to appear in advertisements inserted in the press by suppliers
or manufacturers of materials used in a building he has designed, provided his name is
included in an unostentatious manner and he does not accept any consideration for its
use.
(f) May allow his name to appear in brochure prepared by Clients for the purpose of
advertising or promoting projects for which he has been commissioned.
(g) may produce or publish brochures, pamphlets describing his experience and
capabilities for distribution to those potential Clients whom he can identify by name and
position.
(h) May allow his name to appear in the classified columns of the trade / professional
directory and/or telephone directory/ website.
(2) In a partnership firm of architects, every partner shall ensure that such partnership
firm complies with the provisions of the sub-regulation (1).
(3) Violation of any of the provisions of sub-regulation (1) shall constitute a professional
mis-conduct.

5. An Architect as part of his professional activity has to play many roles - Explain

Architects are in charge of design and project planning, and they are also responsible for the
visual appearance of buildings and structures.

Architects work hand-in-hand with other professionals such as civil and HVAC engineers to
deliver qualified designs. Architects have several responsibilities during all stages of a project,
from the initial drafts and meetings to the inauguration of a building. Architects are appointed by
the client, and they have the duty of gathering all the information and ideas necessary to create
a functional space that meets client needs while being code compliant.

Once an architect is contacted by a client, a meeting is called to discuss the project needs and
requirements. Several meetings may take place until both parties are satisfied with the
conceptual design. However, designing an entire building is a huge task for a single person;
architects work with civil and structural engineers to discuss technical issues and the structural
integrity of a building.

Architects are not just involved in the building design phase. Their role is important in every
stage of a project, and this article summarizes their responsibilities. Architects can also help
improve energy efficiency, by designing buildings that maximize natural lighting and ventilation,
while reducing the heating and cooling needs.

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● Project Discussion
An architect is hired by a client to create a detailed design of a concept or idea that a client
wants to bring to life. Meetings and discussions with different team members and engineering
professionals take place before the design approval. Some topics that must be discussed during
those meetings are client requirements, expected budget, site characteristics, safety and local
planning regulations.

● Documentation and Drawings


Architects are responsible for creating detailed drawings and testing the project feasibility.
During this stage, multiple revisions and redrawings take place to incorporate changes based on
client needs, budget and regulations.
The final blueprints guide builders to deliver the desired structure, and this includes plans for all
structural, mechanical and electrical systems. Other technical documents that must be created
along with the plans are design instructions and technical specifications for contractors.

Following the final design comes the contract proposal, which allows the creation of cost
estimates and the timescale of the project.

● Cost Estimation
Cost estimation at different stages of the project allows better control over the budget. Architects
visualize the whole building structure, bringing creative designs and ideas to the construction
industry, but these also require an underlying structural design and MEP installations.
The amounts of details presented by architects in their cost estimations depends on their extent
of work: they can be in charge of presenting a complete construction estimation, or just a part
such as landscaping.

6. Discuss 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.

An Architect shall be required to comply with the standards of professional conduct and
etiquette and a cod of etiquette set out in clauses of Regulation 2 of the Architects (professional
conduct) Regulation,1989
The following are a set of provisions which needs to be followed and if not it is considered as a
violation.
1. Ensure that his professional activities do not conflict with his general responsibility to
contribute to the quality of the environment and future welfare of society.
2. Apply his skill to the creative, responsible and economic development of his country.
3. Provide professional services of a high standard, to the best of his ability.
4. If in private practice, inform his client of the conditions of engagement and scale of
charges and agree that these conditions shall be the basis of the appointment.
5. Not sub-commission to another architect or architects the work for which he has been
commissioned without prior agreement of his client.

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6. Not give or take discounts, commissions, gifts or other inducements for the introduction
of clients or of work.
7. Act with fairness and impartiality when administering a building contract.
8. Maintain a high standard of integrity.
9. Promote the advancement of architecture, standards of architectural education research,
training and practice.
10. Conduct himself in a manner which is not derogatory to his professional character, nor
likely to lessen the confidence of the public in the profession, nor bring architects into
disrepute.
11. Compete fairly with other architects, Observe and uphold the council's conditions of
engagement and scale of charges.
12. Not supplant or attempt to supplant another architect.
13. Not prepare designs in competition with other architects for a client without payment or
for a reduced fee (except in a competition conducted in accordance with the architectural
competition guidelines approved by the council).
14. Not attempt to obtain, offer to undertake or accept a commission for which he knows
another architect has been selected or employed until he has evidence that the
selection, employment or agreement has been.
15. Terminated and he has given the previous architect written notice that he is doing so -
provided that in the preliminary stages of works, the client may consult, in order to select
the architect, as many architects as he wants, provided he makes payment of charges to
each of the architects so consulted.
16. Comply with the council's guidelines for architectural competitions and inform the council
of his appointment as assessor for an architectural competition.
17. When working in other countries, observe the requirements of codes of conduct
applicable to the place where he is working.
18. Not have or take as partner in his firm any person who is disqualified for registration by
reason of the fact that his name has been removed from the register under section 29 or
30 of the Architects act, 1972.
19. Provide their employees with a suitable working environment, compensate them fairly
and facilitate their professional development.
20. Recognize and respect the professional contribution of his employees.
21. Provide their associates with a suitable working environment, compensate them fairly
and facilitate their professional development.
22. Recognize and respect the professional contribution of his associates.
23. Recognize and respect the professional contribution of the consultants.
24. Enter into agreement with them defining their scope of work, responsibilities, functions,
fees and mode of payment.

7. Draw the layout of an Architect’s office and explain in detail the function of each of the
areas in an office.
Application Form can be downloaded from [Link].
• Before submitting the duly filled printed application form to office of COA, please insure to

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attach following self attested documents

1. DOB certificate/proof
2. 10+2/ equivalent examination mark-sheet. In case of 10+3 diploma, enclose all
semester’s mark-sheet & diploma certificate
3. Degree or Provisional Certificate issued by the Competent Authority/ University
4. Caste/Category Certificate, if any, applicable.
5. All semester/year’s mark-sheets of the recognised qualification(including
Fail/ATKT/Supplementary etc.) for all the semesters / years along with Practical
Training certificate, if any. Alternatively, consolidated Marksheet which contains all
semesters/years detailed marks.

The options to work after being a Registered Architect


Government sector Set up Own Firm
Public sector Buy out existing Firm
Semi-government corporation Inherit a Firm
NGO Join a firm & rise in rank

What choice of Firms does one have?


SMALL FIRM - Only Principal Architect
MEDIUM FIRM - Principal architect ,Senior architect ,Junior architect, Draughtsman
LARGE FIRM - Principal architect 10-15 (in groups of 3-4) Jr. Architects with
Sr. Architect as Team leader Salary + Perf bonus Many typology of projects
CONSULTANCY - Experienced employees work on project basis.
Gets fees paid for the job undertaken

eg: Architects, Int Designers, Landscape Arch.


etc., if hired full time will be expensive
Advantageous to both parties
OLD PRACTICE - Principal Architect, Draughtsman, Engineer, Receptionist, Office help

ARCHITECTURE PRACTICE​ - PROPRIETARY CONCERN


INDIVIDUAL OWNERSHIP - Investment of capital is done by individual
Decision making authority
Single owner is Responsible to handle both profit & loss
​ARCHITECTURE PRACTICE​ - ​ ​PARTNERSHIP FIRM
OWNERSHIP IS SHARED BY TWO OR MORE PARTNERS - Investment of capital will be
taken care by the partners
Partnership activity is governed by ( INDIAN PARTNERSHIP ACT 1932 )
Sharing of profit can be equal or unequal basis as per the agreement.
( ARCHITECT ACT 1972 ) says that in an architectural firm all partners should be
registered architects
​ARCHITECTURE PRACTICE​ -​ ​PRIVATE LTD COMPANY

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Mohamed Sathak A J Academy of Architecture, Chennai
AR 6903 Professional Practice & Ethics
Regulation 2013

SIZE OF PARTNERSHIP FIRM INCREASES & ANNUAL INCOME OF FIRM GOES UP ( For
Tax Benefits they will convert the firm into Private Limited Company ) -- Company has to be
registered with REGISTRAR OF COMPANIES as per ( Companies act 1956 )
If non architects were one of the member of the company then
company will be registered as business firm NOT A PROFESSIONAL FIRM .
They can offer variety of services in one single roof.

​ARCHITECTURE OFFICE ORGANIZATION STRUCTURE

PRINCIPAL - ​DRAWING / DESIGN OFFICE


FUNCTION - ​Development of design concept , Scheme drawing , Municipal drawing , working
drawing ,Details ,Presentation drawings ,Views etc
POSTS​ - Senior architect ,Project architect ,Assistant architect ,Junior architect ,Drafts man
, Trainee
PRINCIPAL - ​STRUCTURAL / SURVEY DEPARTMENT
FUNCTION - ​Structural design ,Inputs ,Land survey ,Quantity survey ,Specifications
,Estimation ,Preparation of contract papers ,Bill checking of item rates etc
POSTS​ - Structural designer ,Quantity surveyor , Civil engineer ,Draftsman
PRINCIPAL - ​ADMINISTRATION
FUNCTION - ​Office correspondence ,Book Keeping ,Accounts ,Observation of govt tax, rules
,Stationery purchase ,Maintenance of office equipment ,House keeping
POSTS​ - Manager / Secretary ,Accounts derk ,Clerk / typist ,Receptionist ,peon
REFERENCE LIBRARY IN THE OFFICE ​( Catalogues of building material, Reference books,
Drawings & CD )

Points to ponder – Choice of Firm

ADVANTAGES - WELL ESTABLISHED FIRM


• Pleasant atmosphere & location
• High standard for design and its preparation
• Sufficient time available for research
• Able to handle big projects within a short time
• High salary

Short Comings of Own Practice


Principal architect needs to do all technical and research work herself/
himself & might lack in expertise
• Less productivity
• Long period of experience required to handle big projects
• Cannot satisfy the client so far as the speed is concerned
• No vacation for the principal, when he/she is unwell - work will suffer

Architecture Practice – Setting up the Office

Unit 1 16
Mohamed Sathak A J Academy of Architecture, Chennai
AR 6903 Professional Practice & Ethics
Regulation 2013

Every Architect setting up her/his firm should remember that-


• The firm is an entity different from themselves
• Her/ His time/ skill & efforts are payable for
• Capital invested in the firm is to be treated as Loan given, that
has to be regained with profit (interest)

Architecture Practice – Setting up the Office


Financial Set-up
Start a Proprietary Firm
Open a New Bank Account for Office that is separate from personal
Account
This is usually maintained as a Current account where the Capital is
deposited
All office expenses should be made from this Account
Any Fee earned should also be deposited in this Account
Detailed Pay-in-slip Book to be maintained for all Cheques with
proper Bill no.

Architecture Practice – Large Office & Financial Liabilities


Large Office is defined by having more than ​20 employees
Will be treated as an Industry as per the​ Industrial Dispute Act of 1947
Provisions for the following have to be made-
Payment of Gratuity Act
All employees completing 5 years of service in the Firm are eligible to get Gratuity
at Termination
Payment of Bonus Act
Employer is liable to pay 8.33% of Annual salary (upto a maximum of 20%)

Architecture Practice – Large Office & Financial Liabilities


Employees Provident Fund Act
Employer to deduct a certain amount from the salary of the Employee to be paid to
the Central government treasury along with Employer’s contribution
TDS (Tax Deducted at Source)
Income & Professional Tax for each employee will be deducted and paid to the
Central government treasury by the Employer

Architecture Practice – Financial Liabilities


Income Tax
• Central Government Tax for Income of an Individual & Company
Gross Income – Allowable Expenses = Net Income
• Net Income only is liable for Income Tax
• All expenditure explained under various Heads in the Ledger upto a certain limit,

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Mohamed Sathak A J Academy of Architecture, Chennai
AR 6903 Professional Practice & Ethics
Regulation 2013

comes under Allowable Expenses


• Various Investment schemes can be used to reduce Tax – LIC/ NSC/ PPF/ Bank
Loans, etc.

Duties of a Principal Architect –


He/ She is the most important person & the face of the firm taking up
all legal & financial responsibilities-
• Have a steady flow of work so as to maintain Office standards
• Co-ordinate with various Consultants to obtain the desired results without any
hitch/ delay
• Proper distribution of work among Office staff
• Financing of the Office
• Attend to Contract, Cost planning & Time limit for the completion of the work
• To take active part in the Social activities
• To submit work for publication in Technical journals

Architect’s Office Management


• Office location should be in a prominent and convenient place for easy
accessibility
• Architect’s office need to be designed in a functional manner
• All inmates should get proper ventilation and lighting
• Care should be taken that no over crowding takes place
• Architect should herself/ himself be methodical, then only he/ she can expect
discipline from his office staffs
• Her/ His cabin should bear evidence of her/ his professional status
• He/ She should arrange appointments with clients in a proper way to avoid long
waiting time
• He/ She should be ready for the clients meeting as per the appointment with all
necessary requirements
• Catalogue & samples should be properly arranged

• Sufficient time & care should be allotted for all the office staff members
• Office should posses a good library

How does an Architect get Projects?

From Family & Friends, Referred by previous project, Through other allied departments,
Winning Architectural Competitions, By Specialisation/ expertise, Sheer Luck.

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Mohamed Sathak A J Academy of Architecture, Chennai
AR 6903 Professional Practice & Ethics
Regulation 2013

8. Discuss the following topics -

IMPORTANCE OF ARCHITECTURAL PROFESSION :

● Develop the students understanding of professional practice as it relates to the tasks of


design, programming, site analysis and budgeting.
● Introduce the students to the role of architect in developing comprehensive project
documentation, detailing, specifications, drawing formats and organization.
● Introduce the students to the role of architect in project design and construction,
administration of the construction contract and in the relationship with others involved
with the project.
● Develop the students' understanding of the role and responsibilities of the architect in
professional practice.
● Introduce the students to the legal aspects of PP, establishment of architectural office
and professional licensing procedures .
● Expand the students' knowledge components regarding human needs and programming

FUNCTIONS OF COA :

● Statutory regulating body - Regulate the education & practice of profession throughout
India besides maintaining the Register of Architects.
● To protect public from Unqualified people posing as Architects
● 1st Sept 1972 ​– ​Architect​’s​ Act was passed - Unlawful for any person to designate
herself/himself as Architect
● Architects require qualifications, experience & registration under the Act.

Architects should be registered with COA to practice, to serve in the Government sector & to
teach.

FUNCTIONS OF IIA :

● Organisation and Association of Architects to unite fellow architects in our country.


● To promote Architectural profession & encourage Architectural education in India.
● To prescribe syllabus & hold examinations for those who have missed formal education
in architecture.
● To bring changes in laws relating to Architectural practice.

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Mohamed Sathak A J Academy of Architecture, Chennai
AR 6903 Professional Practice & Ethics
Regulation 2013

● To promote improvement of quality of life and awareness about Architectural profession


in the society .

9. What are the various steps to be taken to start an Architectural professional practice

The architect on entering the profession has two alternatives, either to join a well established
firm or start his own “own man office”. While running his own office alone the architect will
face the following shortcomings:

- Long period of experience required to handle big projects


- Less productivity
- Cannot satisfy the client so far as the speed is concerned
- No vacation for the principal, when he/she is unwell - work will suffer

Every Architect setting up her/his firm should remember that-


- The firm is an entity different from themselves
- Her/ His time/ skill & efforts are payable for
- Capital invested in the firm is to be treated as Loan given, that
has to be regained with profit (interest)

The Financial Set-up required:


- Start a Proprietary Firm
- Open a New Bank Account for Office that is separate from personal account
- This is usually maintained as a Current account where the Capital is deposited
- All office expenses should be made from this Account
- Any Fee earned should also be deposited in this Account
- Detailed Pay-in-slip Book to be maintained for all Cheques with proper Bill no.

By developing and expanding his “one man practice” the architect gradually assumes the
position of “Principal” and a stage might come when he simply becomes an
“Artist-administrator”. The principal is the chief man in the office with legal and financial
responsibilities.

The duties and responsibilities of the principal are:


- Have a steady flow of work so as to maintain Office standards
- Coordinate with various Consultants to obtain the desired results without any hitch/ delay
- Proper distribution of work among Office staff
- Financing of the Office
- Attend to Contract, Cost planning & Time limit for the completion of the work
- To take active part in the Social activities
- To submit work for publication in Technical journals

Unit 1 20
Mohamed Sathak A J Academy of Architecture, Chennai
AR 6903 Professional Practice & Ethics
Regulation 2013

When the architect starts his practice, he has to face two problems, viz:
1. Office including its management and administration
2. To secure clientele

1. Office Management
- Office location should be in a prominent and convenient place for easy
accessibility
- Architect’s office need to be designed in a functional manner
- All inmates should get proper ventilation and lighting
- Care should be taken that no overcrowding takes place
- Architect should herself/ himself be methodical, then only he/ she can expect
discipline from his office staffs
- Her/ His cabin should bear evidence of her/ his professional status
- He/ She should arrange appointments with clients in a proper way to avoid long
waiting time
- He/ She should be ready for the clients meeting as per the appointment with all
necessary requirements
- Catalogue & samples should be properly arranged
- Sufficient time & care should be allotted for all the office staff members
- Office should posses a good library

[Link] secure Clientele


A architect can get projects
- From family and friends
- By getting referred from a previous project
- Through other allied departments
- By winning architectural competitions
- By specialisation/expertise
- By sheer luck

Unit 1 21

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