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Professional
Conduct
January 2005
Code of Professional Conduct
For members of the Royal Institute of British Architects
Introduction
1. This Code and its accompanying Guidance Notes set out and explain the standards of
professional conduct and practice that the Royal Institute requires of its members.
Principle 1: Integrity
Principle 2: Competence
Principle 3: Relationships
1.1 The Royal Institute expects its Members to act with impartiality, responsibility and
truthfulness at all times in their professional and business activities.
1.2 Members should not allow themselves to be improperly influenced either by their
own, or others’, self-interest.
1.3 Members should not be a party to any statement which they know to be untrue,
misleading, unfair to others or contrary to their own professional knowledge.
1.4 Members should avoid conflicts of interest. If a conflict arises, they should
declare it to those parties affected and either remove its cause, or withdraw from
that situation.
1.6 Members should not offer or take bribes in connection with their professional
work.
2. Principle 2 – Competence
2.1 Members are expected to apply high standards of skill, knowledge and care in all
their work. They must also apply their informed and impartial judgment in
reaching any decisions, which may require members to balance differing and
sometimes opposing demands (for example, the stakeholders’ interests with the
community’s and the project’s capital costs with its overall performance).
2.2 Members should realistically appraise their ability to undertake and achieve any
proposed work. They should also make their clients aware of the likelihood of
achieving the client’s requirements and aspirations. If members feel they are
unable to comply, they should not quote for, or accept, the work.
2.3 Members should ensure that their terms of appointment, the scope of their work
and the essential project requirements are clear and recorded in writing. They
should explain to their clients the implications of any conditions of engagement
and how their fees are to be calculated and charged. Members should maintain
appropriate records throughout their engagement.
2.4 Members should keep their clients informed of the progress of a project and of
the key decisions made on the client’s behalf.
2.5 Members are expected to use their best endeavours to meet the client’s agreed
time, cost and quality requirements for the project.
3.1 Members should respect the beliefs and opinions of other people, recognise social
diversity and treat everyone fairly. They should also have a proper concern and
due regard for the effect that their work may have on its users and the local
community.
3.3 Members are expected to comply with good employment practice and the RIBA
Employment Policy, in their capacity as an employer or an employee.
3.4 Where members are engaged in any form of competition to win work or awards,
they should act fairly and honestly with potential clients and competitors. Any
competition process in which they are participating must be known to be
reasonable, transparent and impartial. If members find this not to be the case,
they should endeavour to rectify the competition process or withdraw.
3.5 Members are expected to have in place (or have access to) effective procedures for
dealing promptly and appropriately with disputes or complaints.
3. Advertising Principle 1
4. Appointments Principle 2
5. Insurance Principle 2
6. CPD Principle 2
7. Relationships Principle 3
2. The Law
Members must comply with all relevant legal obligations. It is not the remit of this
Code to duplicate the provisions of business, employment, health and safety,
environmental and discrimination law.
2. Remit
Members’ conduct outside the practice of architecture will not normally fall within
the remit of this Code and the Royal Institute’s Disciplinary Procedures, unless a
RIBA hearing panel determines that such conduct generally offends against the
honour and integrity of the profession.
4. Investigations
Any member, against whom a complaint of professional misconduct has been
received, may be required to answer inquiries arising under the Disciplinary
Procedure Regulations. At the conclusion of an investigation, a RIBA hearing
panel may reprimand, suspend or expel any member whose conduct is found to be in
contravention of this Code or otherwise inconsistent with the status of a member.
Integrity
1.1 Members are expected to act with integrity in all their professional and business
activities. This means acting with honesty, fairness and impartiality at all times and
not allowing oneself to be improperly influenced either by self-interest or the
interests of others.
1.2 Members should avoid actions or situations which are inconsistent with their
professional obligations. If members find themselves in such a situation, they should
remove themselves from it as soon as possible. In the most serious circumstances,
they should resign from the commission.
1.3 Members should not be a party to any statement which they know to be untrue,
misleading, unfair to others, or contrary to their own professional knowledge, either
by making it themselves, or acquiescing to its being made by others.
1.4 Members should seek appropriate advice when faced with a situation which they
recognise as being outside their own or their practice’s experience, knowledge or
competence.
Conflicts of Interest
1.5 Members’ personal, private, religious, political or financial interests should not
conflict with their duties and obligations to their clients or employers (see GN7
Relationships). Should such a conflict arise it should be declared to the client or
employer, and, if the conflict is unacceptable or cannot be resolved, the member
should withdraw from the engagement or resign from the employment.
1.6 Members involved in any other business activity which might impact, even indirectly,
on their practice of architecture, must declare that involvement to the client or
employer before any contract is finalised. If the other activity is unacceptable to the
client members should either withdraw from it during the engagement, or decline the
commission; if the other activity is unacceptable to the employer, members must
either withdraw from it during the employment or resign from/refuse to accept the
job.
Confidentiality
1.8 Private information acquired during the course of work should be regarded as
privileged and treated as confidential. Such information must not be used by
members for their personal benefit, nor should it be disclosed to any third party
without the prior consent, preferably in writing, of the person or company it
concerns.
1.9 It is recognised that there are certain specific circumstances in which the disclosure
of confidential information may be required, for example, planning and Building
Regulation applications, a court order made for any reason, prevailing legislation
(such as the Proceeds of Crime Act 2002). In such circumstances, members are
expected to obey the law and disclose the information they hold to the appropriate
authorities.
Privacy
1.11 Data held by members concerning others must be handled in accordance with the
prevailing data protection legislation.
1.13 A Bribe
An incentive to act against one’s professional obligations or duty to others is a bribe.
However, the exchange of small gifts and advantages in the normal course of
business (such as promotional gifts or corporate hospitality) is not prohibited so long
as the value to the recipient is not such that it exerts an improper influence over
them.
Introduction
2.1 Where members are engaged in any form of competition to win work or
awards, they should act fairly and honestly with potential clients and
competitors. Any competition process in which they are participating must
be known to be reasonable, transparent and impartial. Members who find this
not to be the case should do all they reasonably can to effect the introduction
of these criteria, but if unsuccessful should withdraw from the competition.
2.2 Members should not enter into agreements with others to fix prices and
control markets or otherwise distort competition. Where working under the
jurisdiction of UK and EU legislation, they should have due regard to the
provisions of the Competition Act 1998 and Articles 81 and 82 of the EC Treaty
to ensure that any agreement they enter into, or practice they undertake,
complies with the relevant competition law1.
2.3 There are a number of different selection methods through which clients can seek
the services of an architect. The relative importance attached to price,
competence, ability, experience and resources will help to determine the method
of selection.
2.4 Further information about selection can be found in the RIBA – CIC publication,
‘Guidance for Clients to Quality Based Selection’ in the Engaging an Architect series.
Guidance on the conduct of architectural competitions can be obtained from the
RIBA Competitions Office in Leeds.
2.5 Members must not judge or assess any work in which they have been, or may
become, directly involved.
2.4 Members should ensure that they have, or will have when needed, the appropriate
competence, skills and resources to meet the requirements of the work for which
they are bidding.
2.5 When bidding for work, members should not claim experience and resources they
do not have at the time. If a project requires particular skills or resources not
currently available to the member’s practice, he or she should explain to the
potential client how and when they will be acquired.
1 Members may find detailed guidance on the Office of Fair Trading’s web-site at www.oft.gov.uk.
2.7 Clients should be informed whenever variations in the agreed scope of works will
require further fees, or significant modifications to the agreed services.
Further guidance for principals on their practice names and the correct use of the
RIBA crest and affix is provided in the following Annex.
3. Practice Descriptions
For example, ‘Smithson, Johnson and Partners, Chartered Architects’ means
that all the partners in this practice are chartered architects. If this is not the case,
then the description is misleading about the professional and registered status of
the people in charge of the business, and should be modified to reflect the correct
position.
4. If the names of the founders form the business name, then it is inevitable that
over time those people will be replaced by new principals. The historic name may
be retained, however, and it is up to the practice to determine whether the names
of any current principals are substituted for those of the founders. The practice
may continue to refer to itself as ‘Chartered Architects’ only if its current principals
are chartered members of the Royal Institute2. Therefore, ‘Chartered Architects’
must be corrected or removed if the new principals are not registered and
chartered members of the RIBA. The names of the current principals must be
clearly listed on the business stationery.
6. Chartered Practices
In 2007, the Privy Council extended the right to use the ‘chartered’ status to
practices which qualify under the RIBA’s Chartered Practice Scheme. Those
practices may define themselves as an ‘RIBA Chartered Practice’. At least one of
the full-time principals must be a Chartered Members of the RIBA, and at least on
in eight of all the staff must be an architect registered at the Architects
Registration Board (in the UK – or its equivalent overseas). One in ten of all staff
must be an RIBA Chartered Member. Nevertheless, care should be taken in
describing a multi-disciplinary business as ‘Chartered Architects’ when referring to
its composition and the services offered (see below).
9. Accuracy
Business titles should accurately reflect the services which can be provided and
should not exaggerate the firm’s expertise and resources.
12. Registration
However, where the law requires a practising architect to be registered members
must comply in order to use the affix legally. The exceptions are explained in the
following paragraph.
13. Non-registered
In the UK Chartered Members who may use the affix without being registered are:
the fully retired – undertaking no practice of architecture whatsoever, and
those in other non-practising types of occupation.
Un-registered Chartered Members who practice architecture and do not use the
title ‘architect’, may not use the affix, as it has been established in law that to do so
would constitute a breach of section 20 of the Architects Act 19973.
14. In the UK the Architects Registration Board requires anyone undertaking any
type of work that could be described as 'architecture' to be registered, regardless
of their age or retirement status. The ARB has issued a guidance note (on Section
20 of the Architects Act 1997) which includes a list of the type of activities it will
treat as ‘practice or business related to architecture’. These are :-
Arbitration
Building contracting
Building services engineering
Conservation
Expert Witness
Interior Design
Project Management
Space planning
Structural engineering
Surveying
The ARB is careful to state that this list is not exhaustive, merely illustrative of
those activities it regards as demonstrating the practice of architecture. Members
working abroad should check the equivalent criteria with the registration body in
their country of residence.
3 Via a case fought up to the High Court, the ARB established that the affix ‘RIBA’ can only mean
‘architect’ for the purposes of section 20 of the Architects Act 1997.
4.5 At the outset of any project, Members should provide the client with their terms
and conditions of appointment. Members should ensure that the client
understands that any work they undertake on the client’s behalf will be according
to those terms and conditions (including the method of calculating and paying
fees).
Members should also make it clear to the client whether they will:
charge for their initial visit, or
undertake it speculatively (no fee), or
undertake it ‘at risk’ (no fee unless the project proceeds)
5.5 Members should therefore ensure that their professional work is protected by an
appropriate insurance policy at a level of cover commensurate with the type of
projects they undertake.
It is not possible to cover all the intricacies of PII here but the main points are:
2. Net contributions
As well as sensibly limiting the total amount of liability and cover available for the
project the RIBA standard appointment forms make provisions intended to limit
the liability for an event where responsibility might be shared with another party
to “…that sum as is just and equitable for the Architect to pay having regard to the extent of
the Architect’s responsibility for the loss and/or damage….”. This is known in the RIBA
forms as the “Net contribution clause”. In other contracts it is sometimes called
a “proportional liability clause”.
6. Client information
Whilst it may be reassuring for a client to know the name of the insurer at the time
the appointment is made, and some client contracts call for the use of a “reputable
insurer”, this information is not likely to be of practical purpose in the event of a
claim. This is principally for two reasons: Firstly, the insurer will not correspond
with the architect’s client directly until after the architect has notified the claim.
Secondly, since PII is written on a “claims made” basis (see above) it is possible
that the insurer at the time of the appointment will not be the insurer at the time a
claim is made.
i. Contract:
Under the law in England and Wales liability under the appointment
contract for each project is either 6 years (simple contracts) or 12 years
(deeds) from the architect’s last action on a project. For the longest length
of run-off cover this is measured from the project with the most recent last
action date. This will inevitably take the insurance into the seventh or
thirteenth year. The six-year period also coincides with the ARB
requirement.
ii. Tort:
For tortuous liability in England and Wales the period must be calculated
with reference to The Limitation Act 1980 and The Latent Damage Act
1986. The net result on liability periods for negligence actions in tort is the
operation of the 15 year long-stop provisions of the 1986 Act. Theoretically
this suggests that PII should be
4 NB. Members should note that under Scottish law there are different time periods for suing
(limitation) and the extinction of claims (prescription). Members should refer to the Prescription and
Limitation (Scotland) Act 1973 (as amended). Time periods may vary in Northern Ireland as well:
refer to the Limitation (NI) Order 1989.
See Also: “Retirement rules – how long you should maintain PII after ceasing to
practice” (RIBA practice pages July 2003)
Introduction
6.1 Members are expected to continue to develop and update their skills, knowledge
and expertise throughout their careers for the benefit of their clients and the
quality of the built environment. Learning does not cease on passing Part III and
becoming a chartered member. The Royal Institute therefore requires its
practising chartered members to undertake continuing professional
development (CPD) for as long as they continue in practice (RIBA Byelaw
2.8(a)). This is also an obligation under Standard 6 of the Architects’ Code,
published by the Architects Registration Board and applicable to members
registered in the UK.
Rules
Members should make themselves aware of the Royal Institute’s current CPD
scheme which can be found on the Royal Institute’s web-site at:
www.riba.org/go/RIBA/Member/CPD_495.html, or a hard copy may be
requested from any RIBA regional office.
General Requirement
8.1 Members must not unlawfully discriminate against others on the grounds of sex,
sexual orientation, race, religion, age, disability or culture (see Principle 3.1 of the
RIBA Code of Professional Conduct).
Employment
8.2 Members who employ staff must comply with all legal requirements and define
the conditions of employment, authority and liability of their employees in
writing. The Royal Institute’s policy on employment (adopted by the RIBA
Council in May 2004) is produced below:
8.3 Members should have due regard for the religious, cultural or political interests
of their staff and should try to accommodate them as far as is practicable.
Members making requests for special dispensation on the basis of their religious,
cultural or political beliefs must accept that in the overall interests of clients or
the practice generally, an accommodation may not always be possible (see also
Guidance Note 1 on conflicts of interest and Guidance Note 7 on relationships).
Monitoring and keeping under review policies and practices within the
Institute to ensure the promotion of equal opportunities amongst RIBA
members in both architectural practice and in architectural education.
5
The PEDR-is published on www.pedr.co.uk
2. As a result of the processes set out in these Acts, the RIBA became an Arbitrator
Appointing Body and an Adjudicator Nominating Body. The Institute also offers
a mediation service.
4. Adjudication
Adjudication is a formal and binding dispute resolution procedure. The key factor
in adjudication, which differentiates it from other procedures, is that it is time
limited. Under JCT contracts, for instance, once a dispute has arisen, a notice of
adjudication should be given to the responding party with the aim of securing the
nomination of an adjudicator, and referral of the dispute to that nominee, within 7
days. Once the matter has been referred to the adjudicator, that person will make
a decision within 28 days (unless otherwise agreed).
5. The adjudicator’s decision is immediately enforceable and binding until the dispute
is finally determined by legal proceedings, by arbitration (if applicable) or by
agreement. However, if the parties themselves agree to accept the adjudicator’s
decision as finally determining the dispute, it can be taken no further.
6. Arbitration
Arbitration is also a formal and binding dispute resolution procedure. It differs
from adjudication in that it has no set time-scales. The arbitrator’s decision is
binding unless it is appealed and revised/overturned by the courts.
8. The foregoing ADR processes are available through the Professional Standards
Office at the RIBA.