Victorian Architects Code of Professional Conduct

Do existing client architect agreements need to be retrospectively updated to comply with the new Code?

All new client agreements must comply with the requirements of clause 6(4) of the Code. These provisions do not retrospectively apply to client agreements that were entered into before 26 April 2026.

What if the architect is not the party providing the written agreement for the provision of architectural services and has limited or no say about the terms?

Clause 6(4) of the Code sets out what must, at a minimum, be included in client architect agreements. The purpose of clause 6(4) of the Code is to protect both the client and architect by ensuring that key terms are agreed and recorded in writing. This is to assist the parties to understand their rights and obligations under the agreement and will be particularly relevant where clients may have limited or no previous experience dealing with an architect or involvement in building projects. For example, as may occur in the context of small to medium scale projects, such as Class 1 and 10 residential and/or simple works commercial projects.

Commonly, other commercial or government clients may provide the contract documents for larger-scale, more complex projects. These contracts are commonly drafted by lawyers and will generally include terms that cover and go beyond the minimum requirements of clause 6(4) of the Code. In some cases, the architect may have little or no say about the terms of the agreement. Where an architect identifies that an agreement of this type does not include a term that is required under clause 6(4) of the Code, the architect should request in writing that it be included as required by law. If the client refuses to include the term, evidence will exist of the architect’s attempt to achieve compliance, and this can be produced if non-compliance with clause 6(4) of the Code is ever raised as an issue with the ARBV.

What are “architectural services” for the purpose of clause 6 of the Code of Conduct?

Clause 6 of the Code applies to agreements for the provision of “architectural services”. Taking account of its context within the Act, the ARBV has interpreted “architectural services” in clause 6 as meaning services relating to the design, planning and construction of buildings or other built environment projects, which are commonly carried out by architects.

Does clause 6 apply to architectural services that do not relate to the design and construction of a structure or building?

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 key/essential terms to govern the relationship between the parties) may be helpful to inform the terms of the agreement and promote successful service delivery.

Is there a preference for use of standard form/template client agreements over bespoke practice agreements?

The ARBV does not have any preference as long as the agreement that is used complies with clause 6(4) of the Code (that is, includes terms that address/cover off on all the required information).

Our practice has a bespoke client architect agreement that has not been updated yet. What do we do in the intervening period?

The Code changes mean that the following additional information must be included in a client agreement:

• the registration number of the approved partnership or approved company who is party to the agreement
• a requirement that the architect must inform the client—
  • about the circumstances in which professional fees or costs may escalate
• a clear and unambiguous statement identifying—
  • who owns copyright in any 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 of the licence
  • any limits on the client’s use of the intellectual property
  • where additional costs or consents may be required for the client’s use of the intellectual property
• details of current professional indemnity insurance that provides adequate coverage for the work covered by the agreement
• the process in place for handling client complaints
• how a client can make a complaint about the professional conduct or fitness to practise of the architect to the ARBV
• 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 ARBV from time to time.

Where these terms are not already included in a client agreement, they can be appended via a Special Conditions section or an Annexure/Schedule that attaches to the main agreement document.

The ARBV encourages all architects to undertake a review their client agreements to make sure that they understand them and that the agreements comply with all the applicable requirements of clause 6(4) of the Code, not just the new ones.

Are the standard form/template client agreements (produced/published by the AIA, ACA and Architeam) compliant with the new Code requirements?

The publishers of standard form/template client agreements are aware of the recent amendments to the Code. The ARBV understands that these will be updated and available shortly. Until they have been updated, you should follow the guidance set out above.

Why doesn’t ARBV provide a pro forma client agreement?

Clause 6(4) of the Code sets out information that must be included or addressed at a minimum. The architect may include additional terms in the agreement as they consider necessary. This is a business or commercial decision for the architect. It is not the ARBV’s role to specify the commercial terms between the architect and their clients.

Can client agreements be signed electronically?

Yes, 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. A signed agreement is a record demonstrating that the client has provided written acceptance of the client agreement (thereby satisfying the requirement for this in clause 6(6) of the Code). It is a requirement under clause 15 of the Code for architects to keep records of client agreements signed by the client.

Do you need to have a client agreement in place for very small jobs?

Clause 6(1) of the Code states that an architect must not collect any fee or provide architectural services unless they have entered into a written and signed agreement with the client. If the job is to provide architectural services that relate to the design and construction of buildings or other built environment projects, which are commonly carried out by architects, there must be a written and signed client agreement (containing all the required information in clause 6(4)) in place.

This does not mean that you must use the longer form client agreement you would use for bigger jobs or projects. You may wish to use a simpler, shorter form of agreement. The only statutory requirement for the agreement is that it contains the required information in clause 6(4). There is nothing preventing architects from having a range of client agreements that fit each size or type of job.

Can you provide sketches or initial concept drawings to a potential client to secure business without having a client agreement in place?

Yes, you can provide sketches or initial concept drawings (or other speculative or “spec” work) to a prospective client to promote your services and attempt to secure business without a client agreement if the work is genuinely speculative; that is, it is undertaken in the hope that it will secure business (an agreement with the prospective client to provide architectural services) and there is no expectation that payment will be received for the work.

Do I have to wait 7 business days before providing architectural services? What if the client wants to start straight away?

The requirement under clause 6(2) of the Code is that an architect must provide a proposed client agreement to the client at least 7 business days before requesting the client’s signature. This means that 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.

The ARBV warns architects to exercise caution if a client wishes to enter into the agreement early – the purpose of the clause is to ensure that clients have sufficient time to read and understand their rights and obligations under the agreement, including potentially seeking professional advice on its terms. The ARBV recommends sending a draft of the client agreement to the client 7 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 insists on signing early, records should be kept by the architect to demonstrate that this was done contrary to the architect’s advice.

What details of my current professional indemnity insurance do I need to include in the client agreement?

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 architect 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 Architects Act 1991 ($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.

How do I provide timeframes for providing services in the client architect agreement when these may change?

Clause 6(4)(e) requires architects to provide timeframes for providing the services in the client agreement. Providing timeframes is not a new requirement under the Code (it has been a requirement since 2015). The expectation is that architects will give a reasonable best estimate of key project timeframes when entering the agreement. If it appears that a key timeframe may not be met or may need to be changed, this should be communicated to the client in writing as soon as possible (in line with the requirement to keep clients adequately informed about the progress of their project). The key timeframes in the agreement can be expressed as a reasonable best estimate at the time of entering into the agreement and may be subject to change as agreed with the client.

Am I required to let clients know how I will update them about their project?

Client agreements need to contain information about how the architect may inform the client of progress in the provision of the services (clause 6(4)(j)). This is not a new requirement under the Code (it has been a requirement since 2015). It requires the architect to specify a way (or ways) that they will communicate with their client about the progress of the project. The mode or format of the communication is up to the architect and client – it may, for example, be by way of email, telephone, e-meeting, in-person meeting, etc. The frequency may be weekly/fortnightly/monthly as required and agreed. By letting a client know how and when they will be updated will help manage their expectations about communication about their project.

How do we ensure that the copyright terms in the client agreement are adequate?

Copyright terms in a client agreement will be “adequate” for the purposes of the Code if they cover off on the information set out in the four sub-clauses of clause 6(4)(p) – namely, copyright ownership, licence terms, limits on a client’s use of intellectual property and any costs or consents required for its use. These sub-clauses are designed to ensure that architects turn their mind to these very important matters and that essential copyright terms are included in the client architect agreement.

The substance of the terms - what the architect will permit or not permit the client to do with intellectual property associated with the architectural services is at the architect’s discretion. Whether these terms are “adequate” to protect the architect’s intellectual property is a question for the architect, taking the nature of the services to be provided and other subjective factors into account. Legal advice may be required to ensure that copyright terms are an appropriate fit and adequately protect the architect’s intellectual property.

Why do the team members working on a project need to be named? Isn’t it enough that the architect/director/supervisor are named?

The purpose of clause 6(7) is to ensure that clients are aware when staff members, not just the architect with whom they have been directly dealing, will carry out work on their project. 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 agreement by listing them in the body of the agreement or by listing them in a document annexed to the agreement.

Do you need to update the client agreement as team members change?

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.

What should be in a complaint handling process?

A complaint handling process is a fundamental aspect of professional conduct, providing an important mechanism for accountability, service improvement, and maintaining public trust. Clause 6(4)(r) of the Code requires the process for handling complaints to be set out in the client agreement. Clause 6 of the Code is to be read in conjunction with clause 16 of the Code. Clause 16 provides more detail about what is required:

16 Provide a complaint handling process

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.

The shape that the complaint handling process takes is at the discretion of the practice. It can be as involved as the processes outlined in the Australian Standard (AS/NZS 10002:2022 Guidelines for complaint management in organizations) or may be as simple as setting 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).

The main points are that it is accessible to your clients, is clearly documented and provides a genuine pathway to try to achieve resolution.

There are plenty of resources available online (both free and at a cost) that you can draw upon and use to tailor a process that is suitable for your practice.

In terms of what the actual clause in your client agreement should look like, again this is at your discretion. You may wish to include detail about the process you have adopted directly in the clause or, particularly if you adopt a more involved or detailed process, you may wish to refer to the process as being that set out in your complaint management policy and ensure that your clients are either provided with a copy or have ready access to this policy should they need to refer to it.

Does having a dispute resolution clause in an agreement satisfy the requirement to have a complaint handling process?

Complaints handling provides businesses with an opportunity to swiftly deal with/manage client dissatisfaction in-house in order to maintain a good working relationship. In contrast, a dispute resolution clause usually outlines a mandatory, formal method under the agreement to resolve disagreements (often involving a third party, independent mediator or arbitrator). Dispute resolution is generally seen as the next step/escalation should complaint handling not be successful to resolve an issue.

Whether a client agreement also contains a dispute resolution clause is at the discretion of the architect. The Code requires, however, that a complaint handling process be in place to provide an early opportunity for client dissatisfaction to be communicated and addressed before it gets to the stage of requiring dispute resolution or legal action.

Who is responsible for the errors or mistakes made by employees?

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 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.

Being “held to account” means that the architect may be the subject of regulatory action by the ARBV (namely, written advice on compliance issued under the Regulations) or disciplinary action by the Architects Tribunal following an inquiry.

What is meant by supervision? Can a remotely located architect be a supervisor?

Under section 8D(1)(b) of the Architects Act 1991 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 is 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.

The term ‘supervision’ is not defined in the Architects Act 1991 or the Regulations. In the context of the Act and Regulations, ‘supervision by a registered architect’ means that an 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.

The supervising architect does not need to be a director or a partner. It 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.

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)(b) of the Architects Act 1991 and clause 2(4)(b) of the Code.

An updated Guideline on Supervision of Architectural Work will soon be available on the ARBV website.

Does an employee need to hold separate professional indemnity insurance?

All architects in the practising class must be covered by the required insurance (professional indemnity insurance). An employee of an architect, approved company or partnership does not need to hold separate professional indemnity insurance to cover the work that they undertake on behalf of their employer. Architects must, however, ensure that the required insurance is in place and that they are covered. This can be done by sighting a copy of the company or partnership’s Certificate of Currency. Employees do not need to be specifically named in the policy. The name of the employer as the insured party is sufficient to cover its employees.

Architects who carry out work as an architect outside their employment will need to have separate professional indemnity insurance to cover this work.

Is there a grace period for the CPD requirements?

Most practising architects in Victoria already follow the National CPD Framework upon which the requirements prescribed in the new Regulations are based. This means that for those architects, there is no change to their current compliance with CPD.

For practising architects who have not been following the National CPD Framework, for the current CPD cycle (i.e. FY26) you will still be able to demonstrate that you have maintained your skills and knowledge by using alternate methods. However, for the next CPD cycle (i.e. FY27) all architects will need to follow the requirements of the National CPD Framework that is now prescribed in the Regulations.

Click on the link to learn more about CPD requirements.

What CPD options are available to me?

There are a range of CPD options available in both Victoria and interstate. As the National CPD Framework has been adopted by interstate jurisdictions, you will be able to complete CPD from interstate sources.

The ARBV provides at least 10 free formal CPD webinars every registration year. Look out for our emails about upcoming webinars. The membership organisations also offer a range of CPD options. CPD offerings are also available through the Building and Plumbing Commission (BPC) that are relevant to architects. From time to time, we publish links to BPC events in the ARBV Update, and you can also go directly to the BPC’s website to check for upcoming events

What is Mutual Recognition and Automatic Mutual Recognition?

In Australia’s federal system, licensing and registration are managed by state and territory Architects Registration Boards. Mutual recognition for registered architects is active in all states and territories of Australia. The Mutual Recognition Act 1992 (Cth) allows for mutual recognition in two ways: Mutual Recognition (MR) and Automatic Mutual Recognition (AMR). An architect registered in one state can apply under MR for registration in another state or territory. Alternatively, an architect can work in another state or territory under the AMR scheme if they comply with notification and other relevant requirements (e.g. provide proof of professional indemnity insurance). With AMR, an architect is not required to apply for registration and complete the registration processes in the second state or territory. Currently, AMR operates in all jurisdictions except Queensland.

Some architects prefer MR over AMR. This is because under AMR if they are the subject of disciplinary action in the second state this must be communicated by the Architects Registration Board in the second state to the architect’s home state and may impact the architect’s primary registration.

How are renewal fees set?

Renewal fees are based on fee units set each year by the Department of Treasury and Finance (DTF). The fee units are prescribed in the Architects Regulations. It is important to note that the fee units for all existing applications and renewal fees have not increased as part of the changes to the Architects Regulations. The only increase to the fees is the CPI increase, which increases approximately 2-3% each year. To learn more about fee units and the CPI increase, see DTF's website.

Current fee amounts are set out in the fee schedule available on the ARBV website.

What is the rationale for a late fee?

Architects are required to complete renewal by 30 June each year.

By introducing late fees and reinstatement fees there are incentives for timely compliance for architects. This significantly reduces the administrative burden on the ARBV in following up architects who fail to complete renewal on time and allows ARBV resources to be redirected to other activities. If you complete renewal on time, you will not be impacted by the introduction of late fees or reinstatement fees.

What is the process for Non-Practising architects to make declarations to renew their registration?

When registration renewal commences, you will need to log in to the ARBV Portal and follow the prompts to complete renewal. This includes responding to declaration requirements.

See the ARBV website for further information about Changing your registration class and Non-Practising Registration.