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- To view a copy of the Architects Regulations, visit www.legislation.vic.gov.au. Click the 'Victorian Law Today' tab, select 'Statutory Rules' and scroll in the alpha list under 'A'.
The Architects Regulations
- regulate the professional conduct of architects
and prescribe:
- procedures for nomination to the Board, including election of two architect
members
- procedures for registration and approval of companies and partnerships
- fees for applications, registrations and approvals
- qualifications in architecture for registration
- contents of the Register
- requirements to notify the Board of changed information
- application forms for registration and approval of companies and partnerships.
Architect's Professional Conduct
All architects registered in Victoria have a professional duty of care for their clients' interests.
This duty of care is defined in the Architects Regulations 2004, Part 2: Professional Conduct and in the Board's 'Code of Ethics'.
When compared with a voluntary Code of conduct for example, these Regulations cover a
relatively narrow range of expectations; however, a key distinction is that these regulations have
been approved as those which are considered to be reasonably capable of substantiation and
prosecution. Given this constraint, the Board's Code of Ethics should be read in conjunction with
the Regulations. (see below)
The Professional Conduct Regulations are enforceable. The Code of Ethics deals more with
aspirations and reasonable expectations.
The Professional Conduct Regulations identify general obligations and specific obligations,
covering areas such as:
- Standard of practice (Competence and professional standards)
- Duties (Act in the interests of the client)
- Notice of conflict of interest
- Client's consent where there is or may be a conflict of interest
- Administering contract conditions (Must be done impartially)
- Sources of remuneration
- Correctness of representation
- Disclosure of architects' names
- Defining the Terms of Engagement
(Written terms of engagement must be supplied to the client at the beginning of a commission or whenever the terms of the commission are changed.)
- Conduct of companies and Partnerships
- Unprofessional conduct.
Architects are advised to read the Professional Conduct Regulations carefully.
These Professional Conduct Regulations provide the context within which complaints and
inquiries into an architect's professional conduct are pursued.
They can also assist clients and architects with their contractual dealings. The ARBV strongly
recommends that architects should supply their clients with a copy of the Professional Conduct
Regulations on engagement.
A copy of this part of the Regulations is included here to assist with distribution to clients.
A complementary Board publication, the ARBV brochure Working with Your Architect is a
handy guide to the main aspects and stages of a client’s relationship with their architect. It can
assist both client and architect with their contractual dealings. This brochure is available in paper
copy from the Board or is able to be downloaded from the ARBV web site.
The main sections of this brochure are:
- Your architect's role and obligations
- Typical architectural services
- Your role as client
- Assistance from key organizations
- Frequently asked questions deal with fees, copyright, contract administration, the range
of service.
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The ARBV Code of Ethics (The Code of Ethics is under review during 2005)
In 1993 the Board adopted a Code of Ethics which is not enforceable; but complements the
Regulations.
- An architect's responsibility to the people of the community comes before any
responsibilities to the profession, to sectional or private interests or to other
architects.
- An architect must be honest in all professional matters and must uphold the integrity,
standing and independence of the profession.
- An architect must work in the interest of the client, ensuring that there is clear
understanding and no conflicts of interest.
- An architect will always seek further knowledge and experience and will encourage
other architects, especially those in junior positions, to pursue professional
development.
The Board has previously published Guidelines to certain of the Professional Conduct
regulations. These Guidelines are also under review during 2005.
Frequently raised issues under the Professional Conduct Regulations
Regulation 14: Defining the terms of engagement is intended to bring a measure of certainty to the nature of and extent of obligations which are to exist between architect and client. Architects have the option of preparing their own agreement or using one published by, for example, the RAIA and called the 'Client/architect agreement'.
Architects are advised to seek legal advice before formulating their own agreement.
The lack of Terms of Engagement, or confusion over what is meant in the Terms, are among the
most frequent causes of complaints against architects.
Current Board policy is that alleged breaches of Regulation 14 will be referred to a Tribunal. This is a costly process for architect and Board (hence the profession).
Cost (normally costs escalations) are also a frequent issue raised by complainants. These
matters are not normally referred to inquiry unless they form part of a complaint about
unprofessional conduct.
Regulation 6 Standard of practice talks in general terms about competence and a professional standard. Competence is not defined; but regulation 16 provides a definition of 'un-professional conduct' and expressly allows for broader interpretations.
Regulations 8 and 9 change requirements regarding conflict or possible conflict of interest. While restrictions have been relaxed here, there are also specific requirements that architects should check carefully.
Regulation 12 broadens the expectations about advertising to include any 'representation' which may be in the form of advertising, material supplied to clients or prospective clients, letterhead, emails, spoken undertakings.
Regulation 13 requires sole practitioner architects to disclose their name in written communication and that all Partners or Directors of architectural firms who are architects must be named in any written communication. This applies to emails and faxes as well as letterhead.
Regulation 15 makes all Architect Partners or Architect Directors equally responsible for the actions of one architect who provides services on behalf of an approved Partnership or Company.
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David Trewern Design