Guide to the Victorian Architects Code of Professional Conduct

The Schedule to the Regulations containing the Code sets out the standards of professional conduct and practice for architects prescribed under section 69(1)(m) of the Act.

The Victorian Architects Code of Professional Conduct (the Code) applies to all architects registered by the Board.

A failure to comply with the Code may constitute unprofessional conduct for the purposes of the Act and be grounds for disciplinary action under Part 4 of the Act.

The Code should be read in conjunction with the Act and the Regulations. A contravention of the Code may also be an offence under the Act. Conduct that does not contravene the Code may also be grounds for disciplinary action under section 32 of the Act.

The introductory note explains that the Code is a legal instrument made under the Act, which applies to every architect registered by the ARBV and architects practising in Victoria under automatic deemed registration. It also applies to architect directors of a company that has been approved by the ARBV and architect members of a partnership that has been approved by the ARBV.

The note clarifies that the Code forms part of the broader regulatory framework and must be read together with the Act and the Regulations.

The note explains that contravention of the Code may have serious consequences. In particular, contravention of the Code may result in referral to the Architects Tribunal and disciplinary action under section 32 of the Act.

The note additionally explains that conduct that contravenes the Code may also, where there is a corresponding obligation under the Act or Regulations, constitute an offence which may result in prosecution. For example, an architect who carries out work without the required insurance will contravene the Code and will also commit an offence under section 8B of the Act.

• The Code is a legal instrument, with legal consequences for non-compliance.
• The consequences associated with contravention of the Code may be serious and actions to ensure compliance with the Code will help to avoid these consequences.
• The Code must be read and interpreted alongside the Act and Regulations, particularly section 32 of the Act which sets out grounds for disciplinary action against a registered architect.
• Failure to comply with the Code is unprofessional conduct. While the Code sets out standards of professional conduct and practice, it is important for architects to understand that unprofessional conduct is only one of several grounds for disciplinary action under section 32 of the Act. This means that conduct that does not contravene the Code could still fall within a ground for disciplinary action under section 32.
• Architects also need to be aware that if they are carrying out work as an architect or providing services in a manner that contravenes the Act, there may be implications for professional indemnity insurance cover.

The objects of this Code are—

(a) to establish core principles and rules of conduct to assist architects to act professionally and ethically; and

(b) to specify obligations imposed on architects when carrying out work as an architect; and

(c) to outline the minimum standards of professional conduct and practice that architects must meet when carrying out work as an architect; and

(d) to provide guidance to clients and prospective clients of architects about the standard of architectural services they are entitled to expect under a client agreement; and

(e) to promote the quality and safety of Victoria's environment and infrastructure.

The objects clause explains what the Code is trying to achieve – specifically, to uphold the professional and ethical standards of architects, protect clients by establishing minimum service expectations, and promote the safety and quality of Victoria's built environment and infrastructure.

The objects clause guides how all Code provisions should be read, interpreted and applied. If a particular clause is ambiguous, the objects clause helps to determine which interpretation best advances the Code's objectives.

When a question arises about how to interpret or apply any provision of the Code, the Code’s objects should be used to determine whether proposed conduct or practice under the provision supports professional standards, protects the client, and promotes public safety. If not, the proposed conduct or practice is likely inconsistent with the Code.

(1) An architect must comply with all applicable Victorian and Commonwealth laws.

(2) An architect must withdraw from carrying out work as an architect if the architect reasonably believes that in carrying out that work, the architect may contravene the Act, the Regulations or the Code.

(3) A person or body must not—

(a) represent a person as an architect unless that person is registered as an architect under the Act; or

(b) represent an unincorporated body as an architect unless that unincorporated body is an approved partnership under the Act; or

(c) represent a body corporate to be an architect unless that body corporate is an approved company under the Act; or

(d) carry out work as an architect unless covered by the required insurance; or

(e) represent themselves as covered by the required insurance or allow themselves to be represented as being covered by the required insurance if they are not covered by the required insurance.

(4) An architect member or director of an approved partnership or approved company must—

(a) be responsible for the carrying out of architectural services by the approved partnership or approved company; and

(b) ensure architectural services are carried out by or under the supervision of a person who is registered as an architect under the Act; and

(c) take all reasonable steps to ensure that the approved partnership or approved company complies with an obligation imposed on an architect under clauses 2(2) and (3), 4(3), 5(1), 6, 7, 11, 13, 14, 15, 16 and 17 of the Code as if that obligation were imposed on the approved partnership or approved company.

This clause highlights the core obligations of architects in their capacity as professionals, a number of which are also set out in the Act. It reinforces that registration, insurance, lawful conduct and proper supervision are prerequisites for architectural practice.

Each requirement in this clause targets a distinct risk:

The obligation to comply with all applicable Victorian and Commonwealth laws seeks to ensure that architects comply with the spectrum of laws that apply to the provision of architectural services and to architects in their capacity as a member of the architecture profession.

The obligation to withdraw from carrying out work requires architects to take action if they have a reasonable belief about non-compliance with the Act, Regulations or Code in carrying out the work, rather than waiting for certainty through, for example, a legal process to confirm that non-compliance has occurred. This helps to protect clients and the public from harm that could arise from non-compliant work.

The prohibition on misrepresentation of registration and insurance status helps to protect clients from engaging practitioners and architectural practices that are not appropriately qualified and/or are not covered by the required professional indemnity insurance.

The obligations imposed on architect members or architect directors of an approved partnership or company respectively exist so that a partnership or corporate structure cannot be used to dilute responsibility for compliance with the Code. Ultimately, an architect member or director of an approved partnership or approved company is responsible for the carrying out of architectural services by the firm and must take steps to ensure compliance by the firm with the Code.

Registration and use of title

• Do not use the title 'architect' for a person who is not registered as an architect under the Act. Also be careful using titles for unregistered persons that contain the terms ‘architectural’ or ‘architecture’ as they may constitute a representation that the person is an architect.
• Be aware that clients or prospective clients will assume that people in senior positions within a practice are architects. Extra care needs to be taken so that clients and prospective clients understand that they are not in fact architects and cannot provide the services of an architect unless the services are provided under the supervision of a registered architect.
• A company or partnership can only provide architectural services or represent that it is providing architectural services if it is approved by the ARBV.
• Verify every person who will be providing architectural services is currently registered as an architect by the ARBV or is appropriately supervised by a registered architect.

Insurance

• All architects in the practising class must be covered by the required insurance.
• Maintain appropriate professional indemnity insurance before commencing any project and throughout its duration.
• An architect who is an employee of another architect, approved company or approved partnership does not need to hold separate professional indemnity insurance to cover the work that they undertake on behalf of their employer, and employees do not need to be specifically named in the insurance policy.
• An architect must ensure that the ARBV has up-to-date proof of the required insurance covering their work at all times.
• The ARBV expects employers who are approved companies or approved partnerships to provide proof of insurance that covers relevant employees.

Approved partnerships and companies

• Architect members and architect directors of approved partnerships and companies must take responsibility for the carrying out of architectural services and must take steps to ensure that all work undertaken by their firms is appropriately supervised and complies with the Act, Regulations and the Code.

Obligation to withdraw from providing services

• If, at any point, a reasonable belief is formed that continuing a project would entail contravention of the Act, Regulations or Code, immediate withdrawal is necessary.
• The circumstances in which the obligation to withdraw from providing services may be necessary could include:
  • An architect is instructed by a client to certify, sign off on or approve work, documents or designs that the architect has not checked or that the architect knows to be inaccurate, non-compliant or unsafe (this could be a breach of the honesty and integrity obligations in clause 4 and the public safety obligation in clause 3).
  • An architect discovers that their professional indemnity insurance has lapsed or is inadequate for the work being performed (this could be a breach of the insurance obligation in clause 2(3)(d)).
  • An architect identifies a conflict of interest that has not been disclosed and consented to by the client and which cannot be resolved (this could be a breach of the conflict of interest obligations in clause 12).
• Reasons for withdrawal should be documented in writing and communicated to all relevant parties.

Detailed guidance

• See detailed guidance below on SUPERVISION OF WORK and COMPLIANCE WITH ALL APPLICABLE LAWS
• Also see the ARBV’s guidance on prohibited conduct on its website:
  • Prohibited conduct legal framework
    • Guidance for Unapproved Companies or Partnerships
    • Guidance for Sole Architect Directors
    • Guidance for non-architect director/partner
    • Guidance for unregistered senior employees
    • Guidance for unregistered employees/multidisciplinary teams
    • Guidance for referencing architectural qualifications – employers
    • Guidance for referencing architectural qualifications – employee
    • Guidance about referencing architectural qualifications
    • Guidance for prohibited conduct – registered architect working for non-approved company.

(1) When carrying out work, an architect must take all reasonable steps to protect the health and safety of people.

(2) An architect has a responsibility, where possible, to act in accordance with the public interest and to give proper consideration to the—

(a) natural environment; and

(b) conservation of cultural heritage, including Aboriginal cultural heritage; and

(c) conservation of natural resources.

(3) An architect, by the architect's conduct, must endeavour to engender confidence in and respect for the profession of architecture.

(4) An architect, by the architect's conduct, must endeavour to maintain the standards and integrity of the profession of architecture.

Through their work, architects play an important role in shaping the built environment. Buildings and places designed by architects can affect the health, safety, wellbeing and well-functioning of the broader community, including the diverse groups within it.

This important role also entails responsibilities. In particular, architects owe duties to the public. These duties are designed to help prevent harm to the public, including (but not limited to):

• unsafe buildings and injury;
• environmentally harmful design choices;
• harm or destruction of places of particular cultural significance.

Architects also owe duties to the profession. These duties are designed to maintain trust and confidence in and respect for the profession through professional and compliant conduct among all members of the profession.

Health and safety

• Take appropriate steps to ensure all designs comply with building regulation, including the National Construction Code (NCC), particularly provisions that could have an adverse impact on public health and safety.
• Where a client's instructions raise public safety concerns, advise the client in writing and recommend a compliant alternative.
• Promptly notify the person in charge of the building site of any safety issues observed or any safety-related defects arising from work that does not comply with the architect's design, specifications or instructions.

Natural environment, cultural heritage and natural resources

• Consider environmental sustainability and conservation of natural resources in design development where possible.
• Before commencing work on or near a heritage-listed site, or a site that may have cultural significance to Aboriginal communities, identify the applicable legislative and planning controls and engage appropriately with relevant regulatory authorities.
• Where a project may affect Aboriginal cultural heritage, check whether a Cultural Heritage Management Plan is required under the Aboriginal Heritage Act 2006 (Vic) and take reasonable steps to ensure the client understands their obligations under this legislation, if it applies.
• Where appropriate and possible, the project team should have relevant expertise to address issues arising for the natural environment, cultural heritage and natural resources.

Professional standards and integrity

• Conduct yourself in all professional dealings, including with clients, contractors, other consultants and the public, with honesty, integrity, openness, courtesy and respect.
• Avoid making false, misleading or disparaging public statements about other architects or the profession.

Detailed guidance

See detailed guidance below on DUTIES TO THE PUBLIC and DUTIES TO THE PROFESSION.

(1) An architect must act honestly and with integrity at all times.

(2) An architect must conduct themselves with honesty and integrity in their professional dealings with other architects and professionals involved in the building industry.

(3) An architect must take all reasonable steps to ensure that—

(a) the architect's qualifications, experience, awards, honours and authorship are stated accurately in all documents; and

(b) the architect's name, registration number and contact details are identified clearly and accurately on stationery and signboards, and in public notices and publications, used or placed by the architect in connection with the architect's professional practice.

(4) An architect must not—

(a) sign as checked, approved or supervised any drawings or other documents which the architect has not checked, approved or supervised; or

(b) permit the architect's name to be used in relation to any work, document or publication to falsely represent the architect's authorship of, responsibility for or agreement with the content or form of the work, document or publication.

Clause 4 establishes honesty, integrity and transparency as foundational obligations of professional practice, because they are the basis upon which a trusting relationship can be established between architects and their clients, industry participants and other persons or bodies that architects interact with.

The clause recognises that the well-functioning of the client-architect relationship, as well as the broader building industry, depends on architects being truthful about who they are, what they have done, and what they have checked and approved in the context of a building project. Compliance with these obligations means that clients, industry participants and regulators can rely upon representations architects make and the documents they sign as being truthful and accurate.

• Ensure that current ARBV registration number and contact details are displayed legibly and accurately on:

  • materials provided to the client; and
  • information that may be accessible to the public

  such as, but not limited to, websites, letterhead, invoices, signboards and publications.

• Never claim qualifications, awards, honours or project authorship that are not yours.
• In the case of a collaborative project, individual contributions could be specifically identified where there could be ambiguity about who undertook relevant parts of the project.
• For work done for a previous employer, this detail could be specifically mentioned to avoid the impression that the work was done for the current employer.
• Only sign drawings, specifications, reports or other documents as 'checked', 'approved' or 'supervised' if you have personally done so. Implement a review and sign-off protocol in your practice so this obligation is systematically met.

(1) An architect must—

(a) carry out work as an architect competently and with reasonable care; and

(b) maintain a high standard of competence and diligence in their professional dealings with other architects and professionals involved in the building industry; and

(c) not perform any work as an architect that is outside the architect's area of expertise and experience unless under the direct supervision of an architect who holds the required expertise and experience; and

(d) maintain and improve their professional skills and knowledge; and

(e) document the architect's compliance with prescribed CPD requirements to demonstrate compliance.

(2) An architect in charge of a client's project must—

(a) have suitable skills and experience to be in charge of the project; and

(b) maintain a thorough knowledge of the architectural services to be provided and of matters relating to the performance of those services.

Clients engage architects on the basis of their professional expertise and competence. This clause prevents the harm that could be caused if architects take on work beyond their competence, fail to maintain their skills, or place clients' projects under the supervision of individuals who lack the required knowledge. Lack of skills, expertise or competence can lead to defective designs, unsafe buildings, project failures and costly disputes.

Competence and expertise

• Competence can be gained through a variety of ways including CPD, as well as mentoring, supervision arrangements and collaboration.
• Before accepting each engagement with a client, honestly assess whether you or your practice has the expertise and experience required. Certain types of design work or projects may require specialised knowledge and, if so, it may not be appropriate for this work to be undertaken by architects who do not have the relevant specialised expertise.
• If you lack experience in the relevant area, it may be necessary to engage a suitably experienced architect to supervise or co-lead the project. If so, this arrangement should be clearly documented.

CPD

• Complete the CPD requirements each registration period and keep records of all CPD activities, including course certificates, attendance records and self-directed learning logs.

Architect in charge

• The architect in charge of a project must remain engaged and across the details of each project for its duration. This involves reviewing key deliverables, attending critical meetings, and staying informed of relevant changes, including regulatory changes.
• If a project's scope changes significantly, it may be necessary to reassess whether the architect in charge has the appropriate expertise.
• See detailed guidance below on SUPERVISION OF WORK.

(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

An architect who has entered into an agreement to provide architectural services must—

(a) provide the client with regular statements of account for the services provided under the agreement unless otherwise expressly agreed with the client; and

(b) ensure that the fees and costs charged do not exceed the fee structure of the agreement.

Fee disputes are among the most common sources of client complaints against architects. This clause protects clients from receiving unexpectedly large bills at the end of a project and from being charged rates or amounts that were not previously agreed. It also seeks to ensure that clients have the financial information they need to make ongoing decisions about projects.

• Issue regular invoices or fee statements as agreed with the client.
• To provide clarity and transparency for the client, a fee statement could show:
  • the period during which services were provided
  • the work performed during the period
  • basis for calculating fees
  • the amount invoiced
• Never charge fees that exceed the rates or structure agreed in the client agreement. If the scope of work by an architect has changed (requiring a higher fee), issue a variation and obtain written agreement from the client before undertaking the work and incurring the additional cost.
• If disbursements (printing, planning application fees, consultant costs, etc.) are likely to be significant, flag the estimated costs early with the client and keep the client informed if the actual costs materially deviate from the estimates.
• See detailed guidance below on PROFESSIONAL FEES AND COSTS.

An architect must provide architectural services diligently and with reasonable promptness according to timelines agreed with the client, or within a time that reasonably accords with the client's instructions.

Delayed architectural services can have significant financial consequences for clients, including delays in obtaining planning permits and additional construction costs. This clause seeks to ensure that architects deliver services in accordance with agreed timelines or, where no timeline is agreed, within a reasonable period of time.

• Set realistic timelines in the client agreement for delivery of work. Build contingency into the timelines for obtaining relevant regulatory approvals, client decision-making time, and consultant coordination.
• Timeframes can be expressed as a reasonable best estimate at the time of entering into the agreement and could note that they may be impacted by a range of factors outside the architect’s control (e.g. time taken by clients to provide instructions, regulatory approval processes, consultant availability and supply chain delays).
• If the project is running behind schedule, the client should be notified promptly (see also clause 9 ‘Communicate with clients effectively and promptly’) and agree on a revised timeline, which should be documented in writing.
• Maintain adequate resourcing for each project so that they can be delivered on time (see also clause 14 ‘Maintain adequate systems and resources’).
• Use appropriate project management tools to track progress against agreed milestones and deadlines.

An architect must—

(a) ensure that clients are kept adequately informed about the progress of their projects; and

(b) take reasonable steps to ensure that a client is informed of decisions required of the client in respect of the services with reasonable promptness; and

(c) provide sufficient relevant information with reasonable promptness to enable a client to make an informed decision in relation to the provision of services; and

(d) respond, with reasonable promptness, to a client's reasonable requests for information or other communications about the provision of services to the client; and

(e) take reasonable steps to ensure that all information and material provided to a client is accurate and unambiguous; and

(f) promptly advise a client in writing of any circumstance that is likely to prevent the architect from providing the services under the client agreement or from following the client's instructions in relation to the services, including a circumstance that imposes on the architect an obligation to withdraw from the provision of services under clause 2(2).

Poor communication between architects and clients is one of the leading causes of dissatisfaction and complaints by clients against architects. Inadequate communication can lead to clients making uninformed decisions, delayed instructions, missed deadlines, and expensive downstream consequences.

This clause seeks to ensure clients are kept up-to-date about their project's progress, the decisions they need to make, or problems that have arisen during the course of a project. By keeping a client informed, the architect supports the client by alerting them to risks and opportunities, while fostering a constructive relationship between the client, architect, and with other relevant parties. An informed client can alert the architect to any concerns or changes to their brief earlier, rather than later. Importantly, an informed client leads to better outcomes for the client, the project and for the architect.

• Establish a communication protocol with each client at the outset of each project, covering how often you will update them about the project and through what channel(s) (e.g. monthly reports or regular email updates), as well as the decisions that will require the client’s input or decision. In establishing this protocol, architects could also consider the decisions that clients may reasonably wish to make.
• Issue regular project status reports so clients are never surprised by project developments. These can take the form of simple email updates.
• When a client decision is required, a clear deadline for their response could be set and clearly communicated to the client, with an explanation of the consequences of delay. To make informed decisions, a client must be provided with all relevant project documents or know how to access them, should they choose to do so.
• Assumptions about a client’s level of knowledge or expertise should not be made when deciding what information should be provided to a client. A client’s level of knowledge or expertise is something that should be explored with the client at the time of engagement and at relevant times during the engagement’s progression.
• Respond to client emails and calls within a reasonable time. What is 'reasonable' will depend on context; if something is particularly important or urgent (e.g. a planning permit deadline) the response should be provided quickly compared to a query about a general matter with limited consequences.
• In relation to advice and information given to clients:
  • This should be accurate. If you are uncertain, say so when providing the information and seek clarification before providing advice.
  • Follow-up verbal advice that has been given to clients with prompt written confirmation.
  • Provide information in a manner that is accessible and easy for the client to understand and be ready to assist the client in understanding complex or technical concepts or language.
  • Confirm whether a client understands all relevant information or materials that has been provided.
  • Confirm any variations to the scope/budget in writing and document receipt of the client’s written approval.
• Provide copies of all meeting minutes to the client regardless of whether or not the client attended the meetings.
• Provide copies of, or ready access to, all project documents to the client, including advice received from specialist consultants and other requests for information and correspondence with the client’s building contractor.
• If something happens that will prevent you from meeting a deadline or continuing the project, the client should be notified in writing immediately.

(1) For the purposes of this clause, an architect administers a building contract for a client if—

(a) the contract concerns the construction of a building and is entered into by the client with a building practitioner; and

(b) the architect has been engaged by the client to inspect or administer the provision of services under the contract.

(2) If an architect is administering a building contract for a client, the architect must—

(a) act with fairness and impartiality in administering the building contract; and

(b) discharge the architect's obligations in connection with the administration of the building contract diligently and promptly; and

(c) provide the client and the building practitioner with relevant information about the administration of the building contract in a timely manner.

A client may engage their architect to oversee the construction phase of a building project after the design is complete, including to monitor the building works, issue architect instructions to the builder, assess variations and payment claims by the builder, and manage the building contract. This means that the architect can use their knowledge and expertise when dealing with the builder, including managing design changes during construction.

When administering a building contract, an architect is obliged under the Code to act impartially between the client and the builder. The integrity of the contract administration process could be undermined if the architect favoured either the client or the builder when carrying out the architect’s duties under the building contract. It could also expose the architect and the client to challenges and legal liability. In addition, a slow or inattentive contract administrator can delay a construction project, which could have financial consequences for the client. Further, failing to keep the client and builder properly informed may result in disputes.

• When administering a building contract, apply the contract terms consistently, objectively and fairly, particularly where there are financial implications associated with action or inaction.
• Issue all certificates, instructions and determinations strictly within the timeframes specified in the contract.
• Keep records of all key communications with the client and builder with sufficient detail of items discussed, any instructions given, and decisions made.
• Communicate all formal decisions (certificates, instructions, assessment of claims) to both the client and the builder in writing.

(1) An architect must not disclose a client's confidential information without authority.

(2) For the purposes of the clause, a client's confidential information means any information, agreed or understood by the architect and the client to be confidential, that is acquired from or provided to a client in the course of providing architectural services to the client.

(3) An architect may disclose a client's confidential information if—

(a) the client consents in writing to the disclosure; or

(b) the disclosure is required by law.

Clients often share sensitive financial, personal and commercial information with their architects, including budgets for projects, business strategies and plans, and property ownership structures. Unauthorised disclosure of a client’s confidential information can damage a client's competitive position and financial interests and breach their right to privacy. This clause reinforces an architect’s obligation to keep their client’s information confidential unless disclosure is authorised because respecting clients’ confidentiality is the foundation of a trusting relation between client and architect.

• Only share client information with third parties (consultants, contractors, planning authorities) to the extent necessary to provide the agreed services, and only with the client's consent (explicit or implied).
• If a client gives written consent to disclose client information, retain written consent on file.
• Do not discuss client projects, budgets or personal information with unrelated third parties or in public settings.
• When required to disclose information by law (e.g., by a court order, a regulatory authority or a mandatory reporting obligation), advise the client before disclosing, if possible.
• Use appropriate systems and procedures to protect client files and information from unauthorised access and use (see also clause 14 – ‘Maintain adequate systems and resources’).

(1) An architect must not enter into an agreement with a person for the provision of architectural services if the agreement would result in an actual or potential conflict between the interests of:

(a) the architect and that person; or

(b) between a current client of the architect and that person.

(2) An architect member or director of an approved partnership or company must take all reasonable steps to ensure that that the partnership or company does not enter into an agreement with a person to provide architectural services if the agreement would result in an actual or potential conflict between the interests of—

(a) a member of the approved partnership and that person; or

(b) an officer of the approved company and that person; or

(c) a current client of the approved partnership or approved company and that person.

(3) An architect must not continue to provide architectural services to a client that result in a conflict between the interests of:

(a) the architect and the client;

(b) 2 or more current clients of the architect.

(4) An architect does not contravene this clause if the architect first—

(a) discloses the actual or potential conflict of interest to each affected person; and

(b) obtains the written consent of each affected person to continue providing services to both affected persons.

This clause recognises that a client's trust and confidence in an architect could be compromised if the architect's judgment is or could be influenced by interests that compete with the client's interests.

A conflict of interest arises when an architect has an actual or potential interest that could influence, or reasonably appear to influence, the advice or services provided by architects to their clients. Conflicts in architectural practice could arise in a variety of ways, such as:

• Acting for opposing interests: An architect may act for parties with opposing interests on the same or related project, such as designing a development for a developer while also advising a neighbouring landowner who objects to it.
• A personal financial interest in an outcome: An architect may hold a financial stake in a development company that is undertaking a project for which the architect is undertaking the design work.
• A close personal or family relationship with a party to the project: An architect could design a project for a family member while also acting as contract administrator, which may make it difficult for the architect to discharge the contract administration obligations impartially.
• A conflict between the architect's own interests and the client's: An architect may have an interest in prolonging a project to generate additional fees, or in recommending a particular consultant because of a personal relationship with the consultant.

A conflict of interest could exist even if a client benefits or obtains a financial advantage from the conflict.

Clause 12 seeks to ensure that architects provide independent, objective professional advice and services to clients. It prohibits architects from entering into or continuing engagements that give rise to actual or potential conflicts of interest, unless the conflict is fully disclosed and each affected person gives their written consent to the architect continuing to act.

Where a conflict exists and affects an architect’s judgment, this could harm the client. Even where a conflict does not actually affect the architect's professional judgment, its existence undermines the foundation of trust on which the client-architect relationship depends.

• A register of conflicts could be established, which records all current and recent clients, projects, financial interests and significant commercial relationships.
• Before accepting any new engagement, conduct a conflict check to determine whether the architect or firm has any existing client relationships, financial interests, personal relationships or other obligations that could conflict with the proposed new engagement.
• If a potential conflict is identified, it should be assessed and disclosed to all relevant parties immediately, in writing. Document consent from every affected person before proceeding and file the disclosure letter and the written consent.
• Possible conflicts of interest include, but are not limited to:
  • an architect receiving payment (in money, material, or favour) for the referral of a client to a consultant, contractor, or other person/entity;
  • an architect receiving or expecting to receive payment (in money, material, or favour) for endorsing, recommending, or specifying a product or service;
  • an architect working on two separate projects that impact each other, such as two neighbouring properties in which objections from one may arise with respect to the other;
  • an architect administering a building contract in which the architect or a close friend/relative has an interest in the contractor or any subcontractors;
  • an architect working on a project in which they are not the client but in which they have otherwise invested.
• Be alert to conflicts that arise during a project, not just at the outset. If circumstances change (for example, a new party joins the project, a financial interest emerges, or a personal relationship develops), conflicts should be immediately reassessed and, where necessary, disclosed and consent obtained.
• Paid referrals and paid endorsements are types of conflicts of interest – See guidance below on Clause 13 — Disclose referrals, recommendations and endorsements.

(1) An architect must not recommend, endorse, or specify a product, service or service provider to a client if the architect receives or expects to receive or could receive an inducement or other benefit from a third party to do so unless—

(a) the inducement is in the nature of salary, wages or attributable personal services income from an approved partnership or approved company; or

(b) the nature and value of the inducement is first disclosed in writing to the client.

(2) An architect must disclose the nature of any referral arrangement in place between the architect and another person to a client before entering into an agreement to provide architectural services to the client.

(3) An architect who is a member of an approved partnership, or a director of an approved company, must ensure that the nature of any referral arrangement in place between the approved partnership or approved company and another person is disclosed to a client before the partnership or company enters into an agreement to provide architectural services to the client.

(4) For the purposes of the clause, referral arrangement means any arrangement to introduce or refer clients to an architect, approved partnership or approved company for valuable consideration.

Architects occupy a position of significant professional trust with their clients. Clients often rely on architects’ recommendations about building products, builders, engineers and other service providers, and typically lack the knowledge or expertise to independently evaluate those recommendations.

An architect could be motivated to recommend a particular product or provider because it generates a benefit for the architect. As a consequence, the client may end up with an inferior product or service and/or may pay more for the product or service than the true value.

The obligation in the Code to disclose the nature and value of a benefit that the architect could obtain enables clients to make fully informed decisions about whether to accept architects’ referrals, recommendations or endorsements in circumstances where they may obtain a benefit.

• A written register of commercial relationships with suppliers, consultants, contractors and other service providers from which the architect or firm receives or could receive any financial or other benefit could be helpful to manage compliance with clause 13.
• Before recommending, endorsing or specifying any product, service or service provider to a client, the register could be checked to identify any existing commercial relationships that could trigger application of clause 13.
• Retain copies of all disclosure letters and client acknowledgements on the project file.
• Train all staff to recognise what constitutes an inducement or referral arrangement.
• Paid referrals and paid endorsements are types of conflicts of interest – See guidance above on Clause 12 — Manage conflicts of interest.

Architects must—

(a) have effective systems in place to ensure that their practice is run professionally and that projects are regularly monitored and reviewed; and

(b) be able to provide adequate professional, financial and technical resources when entering into an agreement for the provision of services and throughout its duration; and

(c) ensure they have sufficient suitably qualified and supervised staff to provide an effective and efficient service to clients; and

(d) take responsibility for the work carried out by a person under their supervision.

Clients clearly benefit from dealing with a practice that is properly resourced and well-managed. Adequate systems and staffing mean that projects are more likely to be delivered in a way that meets clients’ expectations. Effective systems and adequate resources also help to make an architect’s practice run more smoothly, can help to keep projects on track, and may reduce the risk of complaints and disputes.

• Before accepting to undertake a new project, architects should honestly assess whether the practice has the human, technical and financial resources to deliver it professionally and in accordance with applicable standards.
• Adequate staffing levels should be maintained at all times. If key staff leave, the capacity to deliver existing commitments should be reassessed.
• Technology, software and financial systems that are suited to the size and scale of each practice will support professional practice.
• Conduct regular project reviews, at least at key project milestones, so that issues can be identified early.
• Implement a project management system to monitor the status of all active projects. Simple project registers and milestone trackers may be adequate for sole practitioners and small firms.
• Mechanisms to appropriately supervise all staff and contractors should be put in place, regardless of where they may be physically located.

(1) An architect who has entered into an agreement with a client to provide architectural services must keep documents in accordance with this clause.

(2) The following documents in relation to the provision of architectural services under a client agreement must be kept—

(a) the agreement in writing signed by the client;

(b) correspondence;

(c) records of financial transactions;

(d) records of client instructions and meetings related to the services provided to the client;

(e) photographs of work in progress;

(f) project journals, diaries or the like;

(g) drawings and other relevant documents;

(h) a record containing the details of the architect responsible for supervising the work carried out.

(3) Documents must be kept for the longer of—

(a) a period of 10 years after the completion of the architectural services; or

(b) the limitation period under section 134 of the Building Act 1993.

Good record-keeping is an important component of any professional practice.

Good records protect both architects and clients. In the event of a complaint or dispute, the architect's records are the primary evidence of what was agreed, what was done and who was responsible.

Apart from reducing the likelihood of disputes arising from competing recollections, the practice of keeping good records can also build a client’s trust and confidence in the architect because it evidences professional practice.

The duration for which records must be kept reflects the period within which building defects may be identified and claims made under the Building Act 1993. Good records will help architects defend any claims that are made.

• Implement a consistent approach to create and store all records covered by clause 15 of the Code.
• For each project, document interactions and meetings with clients and other relevant stakeholders with contemporaneous notes.
• Keep a journal or diary to document all key project developments.
• Take and date photographs at key stages of a project.
• Record the name of the supervising architect for each project and update records if the supervising architect changes.
• A document retention policy can guide decisions about whether and when project documents should be retained or archived.

Architects must have a written procedure in place which provides for prompt, professional and courteous handling of complaints and sets out—

(a) details of any special arrangements for resolving disputes; and

(b) the process for making a complaint to the Board; and

(c) a reasonable timeframe for handling complaints, as far as practicable.

A complaint handling process is a fundamental aspect of professional conduct, providing an important mechanism for maintaining trust, accountability and service improvement.

By requiring architects to have a written procedure to handle complaints, the Code seeks to ensure that clients know how to raise concerns and that architects are equipped to respond to them professionally.

A written procedure gives clients confidence that their concerns will be taken seriously and dealt with in an orderly and timely way. It removes the uncertainty of not knowing who to contact, how to complain, or what will happen next.

A well-designed process to handle complaints can protect architects by giving them the opportunity to understand, respond to and resolve client concerns before they escalate. This, in turn, can preserve the client-architect relationship intact and reduce the risk of a formal complaint to the ARBV.

However, the Code does require the written procedure to set out how complaints can be made to the ARBV. This makes clients aware of their right to complain to the ARBV, including in circumstances where the architect’s complaints handling procedure does not lead to a satisfactory resolution.

• Draft a written Complaints Handling Procedure that is suited to your practice. It should be clearly documented, accessible to clients, and provide a genuine pathway to achieve resolution of a complaint.
• The Complaints Handling Procedure could be (but does not need to be) based on Australian Standard (AS/NZS 10002:2022 Guidelines for complaint management in organizations).
• It need not be lengthy, but should clearly set out:
  • how a client can make a complaint or raise a dispute (e.g. in writing via email, possibly to a particular person within a practice or designated email address, via a specific form or other readily accessible mechanism);
  • how that complaint or dispute is to be acknowledged by the practice;
  • the process for responding (including the timeframe within which a response can be expected);
  • any next steps if the complaint or dispute cannot be resolved (e.g. whether there is any external or independent dispute resolution).
• This procedure must also be referenced in the client agreement under clause 6(4)(r) of the Code.
• When a complaint is received, the procedure should be followed.

Subject to section 17D(1) of the Act, an architect must respond in a timely, complete and accurate manner to a request from the Board for any information or document.

Section 17D of the Act provides protection against self-incrimination. It provides that:

1. It is a reasonable excuse for a natural person to refuse or fail to give information to the Board or an appointed person under section 17B, if the giving of the information would tend to incriminate the person.
2. Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce to the Board or an appointed person under section 17B, if the production of the document would tend to incriminate the person.

The ARBV's functions under the Act, including its disciplinary functions, can only be performed effectively and efficiently if architects cooperate with requests for information from the ARBV. Failure to respond to ARBV requests for information can delay investigations, waste regulatory resources, and can itself constitute grounds for disciplinary action. This clause helps to ensure that the ARBV can fulfil its statutory role of protecting the public, by requiring co-operation by architects.

• If a request is made by the ARBV to an architect for information or documents, it is important that the architect responds promptly, honestly and completely.
• Architects may refuse to answer questions on the ground that doing so would tend to result in self-incrimination (i.e. expose them to potential criminal charges). This protection does not extend to a refusal or failure to provide documents in response to an information gathering notice given under section 17B of the Act.
• In some circumstances, it may be necessary to consult a lawyer before responding to a request for information or documents, but this should be done promptly to avoid delays in responding.

Clause 6 of the Code applies to agreements for the provision of ‘architectural services’. For the purposes of this clause, the term ‘architectural services’ is taken to mean services relating to the design, planning and construction of buildings or other built environment projects, which are commonly carried out by architects.

For very small engagements or projects (such as providing advice about the viability of a small-scale residential extension), a simple short form agreement that meets the requirements of clause 6 could be used.

The ARBV does not expect architects to comply with the requirements of clause 6 for agreements to provide services that, while drawing upon their expertise and experience as an architect, do not relate to the design and construction of buildings or other built environment projects. Examples of this type of service include providing expert opinion evidence, tutoring or lecturing, presenting at conferences and other events and writing of books and articles. While the ARBV does not interpret clause 6 of the Code as applying to agreements for services of this type, clause 6(4) (which sets out essential terms to govern the relationship between the parties) may nevertheless be helpful to inform the terms of the agreement and promote successful service delivery in the context of these services.

Clause 6(1) of the Code, provides that an architect must not collect a fee for any work undertaken unless a written and signed agreement is in place.

Clause 6(1) of the Code separately provides that 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.

A client agreement that complies with the Code must be signed by both parties before any architectural services are provided. This includes early-stage work such as:

• concept designs
• sketches
• reports

The client agreement may be a standard form or template agreement, but may also be a bespoke agreement that is tailored for a particular project.

If work must commence before a detailed client agreement is in place, a short-form interim agreement that meets all mandatory content requirements for the relevant scope of work could be used until the detailed client agreement is finalised and executed.

Clear evidence that both parties have agreed is necessary – such as, a signed written document. Informal agreements, which are not documented in writing, are not sufficient.

If an architect identifies that a compliant client agreement is not yet in place, they must stop providing services immediately until an agreement is put in place.

Architects must provide the proposed client agreement to the client at least 7 business days before requesting the client’s signature on the agreement to indicate their agreement to the terms of the agreement.

This requirement seeks to ensure that clients have enough time to:

• read and understand the agreement; and
• seek advice about whether the agreement should be entered into, if necessary.

Architects should build this timeframe into project planning.

While the architect cannot require the client to sign the agreement before 7 business days have passed, the client may, if they so wish, enter into the agreement before the expiry of this period. However, the purpose of the 7 business day requirement is to provide clients with sufficient time to read and understand their rights and obligations under the agreement, including potentially seeking professional advice on its terms.

Accordingly, the ARBV recommends providing a draft of the client agreement to the client 7 business days before meeting with the client to go through the terms of the agreement. This will be particularly beneficial if the client has limited experience or no previous experience dealing with an architect or involvement in building projects. If a client wishes to sign the agreement early, records should be kept by the architect to demonstrate that this was done contrary to the 7 business day requirement.

Client agreements cannot apply to work that has already been provided by an architect and architects cannot charge for this work.

Architects must not:

• back-date agreements; or
• attempt to retrospectively cover or charge for services that have already been provided.

If work has commenced without a compliant agreement in place, the work must immediately stop until a compliant agreement is put in place.

Client agreements must include all the mandatory content specified in the Code. They should be easy for the client to understand.

Key agreement terms that often cause issues include:

• Fees: The client agreement must clearly explain how fees are calculated and when they may change.
• Scope of architectural services: The description of the scope of services in the client agreement must be specific enough to avoid uncertainty about services that are covered by the agreement.
• Variations: The client agreement must explain how changes to the services are requested, approved and costed.
• Timeframes: Timeframes for the provision of architectural services should be clearly identified and realistic.

Where exact details are not yet known (for example, costs or timeframes), architects should:

• provide reasonable estimates;
• explain assumptions that underpin the estimates;
• explain when updates will occur to clarify the estimates;
• update clients as soon as it becomes apparent that estimates are no longer accurate.

In many commercial and government engagements, it is the client rather than the architect who provides the agreement for the provision of architectural services. These agreements are typically drafted by lawyers and, particularly for larger and more complex projects, will often include detailed terms that cover and go well beyond the minimum requirements of clause 6(4) of the Code. In these circumstances the architect may have limited or no ability to negotiate the terms.

Clause 6(4) sets out the minimum content that every client agreement must include, regardless of who drafts it. Its purpose is to protect both the client and the architect by ensuring that key rights and obligations are clearly recorded in writing. This is particularly important for clients with limited experience of architectural engagements or building projects, but the requirements apply to all agreements, regardless of project scale or client sophistication.

Where an architect is presented with a client-drafted agreement, they should review it carefully against the mandatory requirements in clause 6(4) before signing. If a required term is absent, the architect should request in writing that it be included, explaining that its inclusion is required by law. This request should be made before the agreement is executed and a copy retained on the project file.

If the client refuses to include the required term, the architect's written request creates an important record. It demonstrates that the architect identified the gap, sought to remedy it, and was prevented from doing so by the client. This is evidence that can be produced to the ARBV if non-compliance with clause 6(4) is ever raised as an issue. While this does not cure the non-compliance, it provides important context and demonstrates the architect's good faith attempt to meet their obligations.

Clause 6(4)(q) of the Code requires architects to include details of their current professional indemnity insurance that provides adequate coverage for the work covered by the agreement in their client agreements.

The professional indemnity insurance details that should be included are:

• the name and ABN, ACN or ARBN of the insurer
• the name of the policy holder
• the policy number
• the date of issue and the expiry date of the policy
• the level of indemnity provided
• the architects insured under the policy.

Architects may wish to annex a copy of their Certificate of Currency that contains the above information to their client agreements.

Architects are expected to use their professional judgement to determine the level of cover that is required for each project. The minimum level of coverage required under the Act ($1.2 million) is for the purpose of holding registration as an architect only. Individual projects may require significantly greater coverage depending on project risk, size, and contractual requirements.

A fee proposal is not the same as a compliant client agreement.

A document will only satisfy the Code if it includes all mandatory requirements for a client agreement that are set out in the Code. Fee proposals are unlikely to contain these details.

Architects must keep clear records showing:

• the client accepted the agreement in writing; and
• any changes to the agreement and to the scope of architectural services were agreed in writing.

When entering into a client agreement, architects must provide the client with:

• the names of all personnel involved in the services;
• their roles; and
• their registration status.

This helps clients understand who is responsible for delivering the work, including the oversight arrangements that are in place. This promotes transparency and manages client expectations and will likely prevent clients from believing that they have been misled or deceived when another member of staff, particularly one who is not an architect but working under supervision, carries out work on their project.

The list of staff members can be incorporated into the client agreement by listing them in the body of the agreement or by listing them 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 and how often they would prefer to be informed of any changes.

If an architect withdraws from providing services after receiving payment for those services, they must provide the client with written reasons.

Under the Code, an architect must withdraw from carrying out work if the architect reasonably believes that this may result in a breach of the Act, Regulations or Code.

The requirement to provide reasons for withdrawal supports transparency and helps reduce disputes.

Keep a complete record of changes and revisions to the client agreement, including:

• changes to scope of services;
• changes to fees; or
• revised timeframes for completion of services.

All changes must follow the variation process set out in the client agreement and be recorded in writing.

Intellectual property refers to creations of the mind. Copyright is a type of intellectual property, which gives legal protection to people who express original ideas and information in certain forms.

Under copyright law, architectural works are automatically protected from the moment they are created and recorded in material form. This means that architects have the right to control whether and how their work is used by others, including:

• copying the work;
• using the work;
• modifying the work; and
• disseminating the work.

The following types of architectural work may be protected by copyright:

• concept designs;
• drawings and plans;
• specifications;
• building models;
• reports and submissions.

Architectural work protected by copyright is generally owned by the architect or the firm that undertook the work, not by the client who engaged the architect or firm unless ownership has been formally assigned to the client.

If an architect undertakes work in the course of their employment for an architectural firm, the employer will usually own the copyright.

The Code does not change intellectual property rights. Rather, it requires the client agreement to contain a clear and unambiguous statement identifying:

• who owns copyright in intellectual property associated with the services;
• the terms of any licence given to the client to use that intellectual property, including any grounds for revocation;
• any limits on the client’s use of the intellectual property; and
• where additional costs or consents may be required for the client’s use of the intellectual property.

If there are any conditions, limits or restrictions on the client’s use of an architect’s intellectual property, and/or any permissions or costs attached to such use, they should be clearly identified and explained in the client agreement.

Under clause 6 of the Code, an architect cannot collect any fee unless a signed client agreement is in place. This means that money, including a deposit, cannot be paid until the client agreement has been finalised and signed. A short-form interim agreement that meets all mandatory content requirements for the relevant scope of work could be used until the detailed client agreement is finalised and executed.

The Code also contains requirements regarding information about fees that must be included in the client agreement. In particular, the client agreement must include:

• a clear and unambiguous statement of how the professional fees and costs of the services will be calculated;
• a requirement that the architect must inform the client—
  • how a change or amendment to the services will affect the professional fees and costs for the services; and
  • about the circumstances in which professional fees or costs may escalate;
• where possible, reasonable estimates of disbursements; and
• a statement of how professional fees and costs, including disbursements, will be paid.

The Code does not prescribe the basis for calculating fees. However, under clause 6, the client agreement must clearly explain how professional fees and costs will be calculated. In addition, the Australian Consumer Law requires that, unless quoting to a business, prices must be presented as a singular figure that includes all additional charges and taxes (such as the Goods and Services Tax, or GST).

The ARBV considers that it is important to specify the precise way fees are calculated, such as whether fees are fixed, or calculated as a proportion of the cost of works and, if so whether the cost of works includes GST or excludes GST. The following scenarios may breach the requirements in the Code:

• A fee that does not specify whether or not GST is included or is ambiguous as to whether or not GST is included.
• A fee that is exclusive of GST for a client that is not a business.

Clause 7 provides that an architect who has entered into an agreement to provide architectural services must ensure that the fees and costs charged do not exceed the agreed fee structure in the client agreement.

Under the Code, regular statements of account (commonly called ‘invoices’) must be provided by architects to clients unless the client expressly agrees otherwise. Regular and structured invoicing enables clients to keep track of costs and their budget, while also enabling architects to manage their cashflow in a predicable manner.

The Code does not identify how frequently the statements of account must be provided to clients, but they must be ‘regular’, unless otherwise expressly agreed with the client. The timing of statements of account should be documented in the client agreement to provide certainty for the client.

If a client agrees to a change to the timing of statements of account provided for under the client agreement, this should be clearly documented in writing in order to provide both the architect and the client a written record of the agreement.

The Code does not specify what must be included in statements of account. However, it is good practice to provide statements of account that are sufficiently detailed to enable the client to easily identify the charges for specific services.

Statements of account are documents and cannot be provided verbally. If verbal advice regarding fees and costs is given, it should be promptly followed with written advice.

It is good practice to provide written receipts for all payments made against a statement of account promptly. To provide clarity for the client, the written receipts could cross-reference the relevant statement of account so that the client has a clear record of the statements of account that have been settled.

Under clause 15 of the Code, which sets out architect’s record-keeping obligations, architects must keep records of financial transactions.

Statements of account, payment receipts, and agreements to changes to the timing of statements of account are records that are covered this obligation. As such, they must be kept for a period of 10 years after the completion of the architectural services which they relate to or the limitation period under section 134 of the Building Act 1993 (Vic), whichever is longer.

In 2023, findings were made against a Victorian architectural firm in the Federal Court in proceedings brought by the Australian Competition and Consumer Commission for breaches of Australian competition law. This arose from anti-competitive conduct by that firm during a public tender for government-funded architectural work. The firm in question admitted during the proceeding that it did not have adequate structures in place to ensure compliance with competition law by those working at the firm. In addition, the firm admitted that it had not provided any formal training on competition law to those working at the firm.

Those proceedings resulted in the Federal Court making findings against the firm and a director of the firm and imposing very significant monetary penalties on both of them.

This outcome highlights the need for all architects and architectural practices, no matter their size, structure or type of practice, to:

• be aware of their legal obligations arising not only under the Act and the Regulations, but also under other Victorian and Commonwealth legislation that regulates businesses in Australia;
• put in place structures to monitor compliance with those obligations; and
• provide training to relevant staff to so that those obligations are complied with.

There are a range of laws that apply to Victorian workplaces, including architectural practices and it is incumbent on architects to be aware of and compliant with those laws.

Those laws include:

• competition laws which prohibit conduct which lessens competition;
• occupational health and safety laws which require a work environment that is safe and free from risks to health, including protection against bullying;
• equal opportunity laws which impose a positive obligation to prevent sexual harassment, discrimination and victimisation in workplaces;
• laws regarding taxation and payment of superannuation and other employment entitlements; and
• laws which prevent companies from trading whilst insolvent and which impose responsibility on individual directors where insolvent trading occurs.

Architects operating an architectural practice must make sure that they know about and understand these laws. They may need to seek legal advice or the input of workplace consultants to help them identify and understand all relevant requirements. They could arrange for training of staff where required and regularly monitor and review workplace practices to ensure that the relevant requirements are being complied with.

ARBV cannot intervene in workplace disputes. However, it has the power to investigate where there is evidence that substantiates that an architect may have contravened a provision of the Act or the Regulations. Where an architect has been found by a court or other body to have contravened a workplace or other law, this contravention may additionally constitute a ground on which a disciplinary finding can be made against the architect under the Act or Regulations. Accordingly, it may be a basis on which ARBV investigates the architect’s conduct and refers that conduct to the Architects Tribunal, in addition to any other proceedings brought against the architect by other regulatory authorities.

Under section 8D(1) of the Act and clause 2(4) of the Code, unregistered staff of approved companies and partnerships cannot provide architectural services unless:

• a director or partner who is an architect is responsible for the carrying out of the services;
• those services are carried out under the supervision of an architect.

This obligation is intended to ensure that every project carried out by an approved company or partnership has the supporting expertise of an architect and that a director or partner is accountable for the provision of the architectural services.

‘Supervision’ is not defined in the Act, Regulations or the Code. However, when read in context, this means that a registered architect is directing, observing and controlling the work of the unregistered staff member. This may not need to be on a daily basis (dependent on their level of experience and skill), but it must be often enough that the work being carried out by the unregistered staff member is regularly monitored and overseen by an architect and is subject to their overall direction.

Effective supervision would generally involve an architect:

• leading the work to be undertaken
• reviewing work as it progresses
• providing guidance and making corrections, where necessary
• ensuring compliance with all applicable laws
• taking responsibility for the final product.

The level of supervision required will depend on the complexity, risk and stage of a project, as well as the experience and expertise of the person performing the work.

Complex work will usually require more frequent and intense supervision compared to simpler work. Similarly, relatively junior and inexperienced staff are likely to require more supervision compared to more senior, experienced staff.

Theoretically, an architect may be able to supervise the work of a person located geographically distant to them. Whether this will, in reality, afford an adequate level of supervision will be dependent on the nature of the work being undertaken and the effectiveness of the communication arrangements between the supervisor and supervisee. A remotely located supervisor must use their professional judgement to determine whether they can adequately direct, observe and control the work of the person under their supervision. It is recommended that they obtain the written consent of the architect director or partner to the arrangement. If the supervision is inadequate, the supervisor and/or the architect director or partner may be in contravention of section 8D(1) of the Act and clause 2(4) of the Code. The next sections explore in more detail what supervision looks like in the context of approved companies and partnerships.

Approved companies and partnerships must take steps to ensure that architectural services provided by their firms are carried out by:

• a registered architect; or
• a person working under the supervision of a registered architect.

This means there should be clear arrangements identifying:

• who is responsible for each project
• which architect is supervising the work
• which staff are performing work under supervision of a registered architect
• how supervision will occur in practice, including progressive review of work and sign-off arrangements.

The supervising architect does not need to be a director of an approved company or a partner of an approved partnership. They can be an architect who is an employee of the company or partnership. However, the architect director or partner (as the case may be) will be responsible for the provision of the services.

An architect director of an approved company or architect member of an approved partnership is responsible for the carrying out of architectural services by the entity.

In practice, this means that they should take steps to implement systems, policies and processes so that:

• architects with appropriate experience and expertise lead projects, and
• architectural work by staff and contractors is adequately supervised by architects.

Architect directors and members do not satisfy their responsibilities by simply appointing an architect to supervise work when there is no real oversight in practice.

Supervision arrangements must also be realistic. Spreading supervising architects too thinly across too many projects is unlikely to meet the supervision requirements in the Code.

The supervision requirements apply to the provision of ‘architectural services’.

The term ‘architectural services’ is not defined in the Act but, when considered in the context of the Act, means services relating to the design and construction of buildings orother built environment projects, which are commonly carried out by architects.

Architectural services might include:

• taking instructions from and liaising with clients
• preparing concept designs, town planning drawings, construction drawings, shop drawings, specifications and other related documents
• liaising with other consultants, such as engineers, in relation to a building design
• preparing and lodging consent applications with regulatory authorities, such as planning permit applications, building permit applications and report and consent applications
• undertaking contract administration tasks in relation to a building contract.

Unregistered employees who are carrying out work of this sort must be supervised in their work by an architect, regardless of where they may be physically located.

Under the legal principle of vicarious liability, employers are generally held legally responsible for the negligent acts, errors, or omissions made by their employees where the conduct occurs within the ‘course of employment’. An employee may be liable if they engage in deliberate wrongdoing, recklessness or act outside the scope of their employment.

The Code establishes standards of professional conduct and practice for all architects and some additional standards for architect directors and partners of approved companies and partnerships. Specifically:

• an employee may be held to account for conduct in contravention of the Code if they are an architect;
• an architect director or partner of an approved company or partnership may be held to account in connection with an employee’s conduct if they, by their own conduct, have fallen short of standards of professional conduct (for example, they did not take steps to ensure the employee was adequately supervised or did not take reasonable steps to prevent the conduct (e.g. by providing proper training and having relevant policies in place));
• under sub-clause 2(4)(c) of the Code, architect directors or partners must take all reasonable steps to ensure that the approved company or partnership complies with specific provisions of the Code as if they were imposed on the company or partnership.

Architects must recognise the limits of their own experience and expertise when deciding whether and how to undertake architectural work for a client.

This issue may arise in the context of projects that are large in scale or complex or require specialised knowledge or expertise, such as:

• large-scale infrastructure
• heritage laws apply
• sensitive environmental zones apply
• use of innovative materials and techniques.

If work is outside an architect’s area of expertise or experience, the architect should either:

• decline or limit the scope of the engagement
• perform the work only under the supervision or guidance of an architect with the necessary expertise and experience.

Where there is insufficient experience and expertise within an architectural practice to provide adequate supervision, an architect with the relevant expertise and experience should be brought in from outside the practice to supervise the work.

Records must be kept of the details of the architect responsible for supervising the work carried out under a client agreement.

Good practice records may include:

• the supervising architect’s name and registration number
• their role on the project
• scope of work supervised
• architect’s review notes or approvals
• any change in the supervising architect during the project.

Records should be clear, accurate and capable of being produced if required.

Architects owe duties to their clients when they provide architectural services, including:

• carrying out work competently and with due care;
• acting honestly and professionally;
• communicating clearly;
• protecting confidential information;
• ensuring that all applicable laws are complied with; and
• meeting contractual obligations under the client agreement.

Architects also owe duties to the public, which include:

• protecting the health and safety of the public; and
• where possible, considering:
• environmental impacts;
• considering heritage values;
• considering sustainable resource use; and
• acting consistently with broader community interests where possible.

At times, an architect’s duties to a client may come into conflict with duties to the public.

For example, a client may prefer a design solution that is relatively cheap and quick to build but which creates unacceptable risks for the public – such as when the building is designed in a manner that is unsafe.

In those circumstances, the architects must consider both their duties to the client and to the public, which may involve:

• advising the client against the client’s preferred design solution;
• recommending safer alternatives;
• refusing to endorse non-compliant work; or
• withdrawing from the engagement, if it is impossible to meet duties to the client and to the public.

Under the Code, an architect has responsibility, where possible, to act in the public interest.

The phrase ‘public interest’ is not defined in the Act. However, when read in context, the ordinary meaning is that architects should consider the impacts of their design work on the public.

This does not mean architects must solve every social issue or reject a client’s preferred option because the public may not be content with it. Rather, architects should consider the public interest, where possible, and avoid decisions that unnecessarily harm the community.

Here are some examples of how architects can act in the public interest:

• supporting safe and inclusive access to buildings;
• considering the neighbourhood’s context and culture when designing a building in that neighbourhood;
• advocating design that supports resilience to climate risks;
• committing to ethical project outcomes.

The Code requires architects to take all reasonable steps to protect the health and safety of people when carrying out architectural work.

The public harm that this obligation is seeking to protect against includes:

• injuries or fatalities;
• structural failures;
• fire hazards; and
• water ingress, mould or unhealthy internal environments.

The reasonable steps that architects must take to protect the public’s health and safety will depend upon a range of circumstances, including:

• the size and complexity of the project;
• the architect’s role and scope of services;
• available time and resources to provide the services;
• the type and seriousness of potential harm that could occur; and
• applicable laws that may govern the harm.

The duty does not require perfection or guarantee that no harm will occur. Rather, it requires sensible, proportionate and professional consideration and action by architects.

Under the Code, where possible, an architect has a responsibility to give proper consideration to the natural environment.

Architects are not expected to protect the environment above all else through their designs. However, they should at least consider relevant environmental impacts for the project and advise clients on how environmentally harmful impacts could be addressed.

The natural environment could be taken into account through consideration of:

• the impact of a building design on the landscape, such as the building’s footprint;
• how the natural environment could be used to reduce the need for heating and cooling, such as through building orientation; and
• climate resilience of a building.

Architects have a responsibility under the Code to give proper consideration to conservation of cultural heritage, including Aboriginal cultural heritage, where possible.

To meet this requirement, architects should take steps to:

• identify areas or buildings of cultural significance;
• determine whether the site or building is subject to any heritage controls;
• respect the character of a place or area;
• recognise statutory obligations regarding Aboriginal cultural heritage;
• avoid cultural appropriation.

Where specialist issues arise, architects should seek appropriate expert advice, implement meaningful engagement processes, rather than proceed to provide architectural services without sufficient knowledge or understanding of those issues.

Under the Code, architects have a responsibility to give proper consideration to the conservation of natural resources, where possible.

This requirement may involve consideration of the following:

• adaptive reuse of existing buildings;
• durable design to reduce replacement cycles of building components;
• incorporating water and energy efficiency into designs;
• reducing construction waste through smart design choices;
• selecting building products that use fewer resources, where feasible.

Architects could keep records to demonstrate how they have taken the various dimensions of the public interest into account, including through the advice, options and recommendations provided to clients.

Architects should conduct themselves in a way that demonstrates professionalism, competence, honesty and respect.

This applies to:

• dealings with clients
• dealings with builders, consultants and regulators
• management of conflicts and complaints
• supervision of staff
• dealings with other architects
• public statements and representations.

The obligations apply within an architect’s practice, in the context of project work, as well as in contexts where conduct may affect the reputation or integrity of the profession.

Compliance with the Code, and a strong compliance culture, will help to ensure that architects discharge their duties to the profession.

Conduct that is likely to engender confidence in the profession includes:

• Within a practice:
  • maintaining appropriate professional knowledge and skills
  • treating colleagues respectfully and fairly
  • communicating honestly
  • mentoring and appropriately supervising staff
• In a project context:
  • providing services competently and with due care
  • treating clients and collaborators respectfully and fairly
  • communicating honestly
• Beyond a project context:
  • communicating honestly
  • treating members of the profession respectfully
  • cooperating with regulators

The types of conduct that could undermine confidence in the profession include:

• making false claims about qualifications or experience;
• serious conflicts of interest that are not managed appropriately;
• abusive or seriously unprofessional behaviour;
• persistent failure to communicate or respond appropriately;
• deliberately misleading clients or regulators;
• knowingly authorising unsafe or non-compliant work.