Division 2 addresses the client-architect relationship. It includes obligations about client agreements, fees and costs, diligence, communication, contract administration, confidentiality, conflicts of interest and disclosure of referral, recommendation and endorsement arrangements.
(1) An architect must not collect any fee or provide architectural services (including concept designs, sketches or reports) for a client unless the architect, or an approved partnership or approved company of which the architect is a member, director or employee, has entered into a written and signed agreement with the client for the provision of those services.
(2) An architect must provide a proposed client agreement to the client at least 7 business days before requesting the client's signature.
(3) A client agreement must not contain terms purporting to apply retrospectively to services provided before the agreement was signed.
(4) The client agreement must include the following —
(a) the parties to the agreement;
(b) if applicable, the approval number of the approved partnership or approved company that is party to the agreement;
(c) the name, registration number and contact details of the architect responsible for carrying out the services;
(d) the scope, nature and specific requirements of the services;
(e) the timeframes for providing the services;
(f) a clear and unambiguous statement of how the professional fees and costs of the services will be calculated;
(g) a requirement that the architect must inform the client—
(i) how a change or amendment to the services will affect the professional fees and costs for the services; and
(ii) about the circumstances in which professional fees or costs may escalate;
(h) where possible, reasonable estimates of disbursements;
(i) a statement of how professional fees and costs, including disbursements, will be paid;
(j) information about how the architect may inform the client of progress in the provision of the services;
(k) information about how the client may authorise the architect to proceed with the services, or any part of the services;
(l) information about how the architect may obtain the client's authority to change or amend the services;
(m) information about how the client may make variations to the agreement;
(n) a reservation of the right of an architect to withdraw from the provision of services under the agreement in the circumstances set out in clause 2(2);
(o) a statement of how the agreement may be terminated by either party and for what reason;
(p) a clear and unambiguous statement identifying—
(i) who owns copyright in any intellectual property associated with the services; and
(ii) the terms of any licence given to the client to use that intellectual property, including any grounds for revocation of the licence; and
(iii) any limits on the client's use of the intellectual property; and
(iv) where additional costs or consents may be required for the client's use of the intellectual property;
(q) details of current professional indemnity insurance that provides adequate coverage for the work covered by the agreement;
(r) the process in place for handling client complaints;
(s) information about how a client can make a complaint to the Board about the architect's professional conduct or fitness to practise;
(t) in relation to class 1 and class 10 buildings, a requirement that the architect provide the client with a current copy of the Working with an Architect Checklist produced by the Board from time to time.
(5) Subclause (4) applies to an agreement for the provision of architectural services entered into by an architect, an approved partnership or an approved company with a client on or after 26 April 2026.
(6) An architect must keep records to demonstrate that the client has provided written acceptance of the client agreement and any variation of the agreement.
(7) An architect, or an architect member or director of an approved partnership or approved company must, on entering into a client agreement, provide to the client the names of all officers and employees of the architect, approved partnership or approved company who will be involved in the provision of the architectural services, their role and their registration status.
(8) Where an architect withdraws from the provision of services after the client has paid fees, the architect must provide written reasons for the withdrawal.
The client agreement is the foundation of the client-architect relationship and is necessary to protect both the client and architect by ensuring that key terms are agreed and recorded in writing.
This clause addresses a significant source of disputes in architectural practice, including misunderstandings about the scope of services, fees, roles and responsibilities, intellectual property ownership and what happens when things go wrong. The client agreement must set these matters out clearly to minimise the risk of dispute.
Clients can also find themselves bound by terms they were not given sufficient time to consider or faced with unexpected charges for services provided before a formal agreement was in place, so this clause requires architects to provide clients with 7 business days to consider an agreement before requesting the client to sign it and formalise the agreement.
Before starting any work
- An architect must not provide architectural services – including concept designs, sketches or reports – for a client without a written and signed client agreement in place. This applies regardless of whether the work is preliminary in character, and regardless of whether any fee is charged or expected.
- Before a client agreement is in place, an architect may present their portfolio of previously completed work, have general discussions about capabilities and fees, or conduct preliminary scoping conversations that do not involve producing any design or other architectural work for the prospective client.
- Send the proposed client agreement to the client 7 business days before you intend to request their signature to confirm agreement. The client can choose to sign the agreement before the expiration of the 7 business days.
- Client agreements can be signed electronically. An electronic signature can be a typed name, a digital image of a signature, or a signature captured via a stylus.
- Keep clear records of the client’s acceptance of the terms of the proposed agreement.
Mandatory contents of client agreement
- The requirement to have a client agreement in place applies, regardless of the type or scale of the services being provided. A long form client agreement would be appropriate for large projects, whereas a simpler, short form of agreement would be useful for small projects and jobs. In both these contexts, the client agreement must contain the mandatory information in clause 6(4).
- For client agreements entered into on or after 26 April 2026, use an agreement template that contains the mandatory content listed in clause 6(4) of the Code. Client agreements entered into before 26 April 2026 must comply with the mandatory requirements for client agreements in the previous version of the Code.
- To be effective and useful, the client agreement should be clear and easy for all parties to understand. Headings and sub-headings in the agreement could make the document easier to read.
- For work involving Class 1 and Class 10 buildings, provide a copy of the Working With An Architect Checklist with the client architect agreement. If practicable, a hard copy or a PDF of the Checklist should be provided to the client, with a record being kept as proof that it was provided. If providing a hard copy or PDF to the client is not practicable, the checklist may be provided via a link if the link is sufficiently prominent to bring the checklist to the client’s attention and it is evident that it contains important consumer protection information. A copy of the current ARBV Working with an Architect Checklist is located on the ARBV’s website.
Project team disclosure
- When entering into a client agreement, provide the client with details of the project team, including the name of each person who will be involved in providing the services, their role, and whether they are a registered architect.
- The project team members could be incorporated into the main body of the client agreement or in a document annexed to the agreement.
- Under the Code, the list of personnel working on a project only needs to be provided at the time the agreement is entered into. In the interests of promoting transparency and good client communication, architects may choose to ask their clients whether they wish to be informed of any future changes to the personnel working on their project.
Variations
- Any variations to the client agreement, including the scope of services and fees, should be clearly documented in writing.
- The client’s acceptance of the variations should also be documented in writing.
Withdrawal from providing services
- If an architect withdraws from the project after receiving fees, provide a written explanation of the reasons to the client.
Intellectual property
- The purpose of the clause dealing with intellectual property is to ensure that architects and their clients understand who owns copyright in any drawings, plans, models and other intellectual property produced under the agreement (project materials) and, where copyright is not owned by the client, if and how the client may use project materials. This will be particularly important if the client agreement is terminated before its planned completion.
- When determining the terms of any licence to be set out in the client agreement, consider:
- what project materials may be used by the client;
- the format (hardcopy, electronic file type) in which any project materials will be made accessible to the client for their use;
- the purpose/s for which project materials may be used by the client;
- what limits (if any) there are on the client’s use of project materials (e.g. is use limited to the specific project site/address, can the client transfer the right of use to a third person (i.e. whether they can sell the project site ‘with plans’), will the client be able to provide the project materials to another architect, design professional or builder to use to complete the project?);
- the cost (if any) payable by the client to access and use project materials in line with the agreement;
- the specific circumstances (if any) within which the client’s right to use the project materials may be revoked.
- Architects may wish to obtain independent legal advice to assess whether their client agreement adequately protects intellectual property created during a project and clearly and unambiguously sets out the parties’ respective rights and obligations.
Tenders and competitions
- Ordinarily, clause 6(1) of the Code will not apply to proposals or entries submitted in response to open tenders or competitions, i.e., in circumstances where the sponsor of the tender or competition does not intend to engage the architect unless the architect is the successful bidder or winner. However, legal advice should be sought if there is any doubt about whether clause 6(1) applies in a particular case.
Detailed guidance
- See detailed guidance below on CLIENT AGREEMENTS and DEALING WITH INTELLECTUAL PROPERTY IN CLIENT AGREEMENTS
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