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THE

INTERNATIoNAL UNIoN oF ARCHITECTS

ACCoRD
UIA ACCoRD oN RECommENDED INTERNATIoNAL STANDARDS oF PRoFESSIoNALISm IN ARCHITECTURAL PRACTICE

PRoFESSIoNAL PRACTICE CommISSIoN

ACCoRD
UIA ACCoRD oN RECommENDED INTERNATIoNAL STANDARDS oF PRoFESSIoNALISm IN ARCHITECTURAL PRACTICE

PRoFESSIoNAL PRACTICE CommISSIoN

Contents
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Preamble Introduction UIA Accord on Recommended International Standards of Professionalism in Architectural Practice
Principles of Professionalism Policy Issues
P ractice of Architecture A rchitect F undamental Requirements of an Architect E ducation A ccreditation/Validation/Recognition P ractical Experience/Training/Internship D emonstration of Professional Knowledge and Ability R egistration/Licensing/Certification P rocurement E thics and Conduct C ontinuing Professional Development S cope of Practice F orm of Practice P ractice in a Host Nation I ntellectual Property and Copyright R ole of Professional Institutes of Architects B uilding Project Delivery Systems

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Appendix A Recommended Guidelines


A ccreditation/Validation/Recognition P ractical Experience/Training/Internship D emonstration of Professional Knowledge and Ability R egistration/Licensing/Certification of the Practice of Architecture P rocurement Qualification Based Selection E thics and Conduct C ontinuing Professional Development S cope of Practice F orm of Practice P ractice in a Host Nation I ntellectual Property and Copyright R ole of Professional Bodies B uilding Project Delivery Systems

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Other Documents Reference List

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PREAmBLE
As professionals, architects have a primary duty of care to the communities they serve. This duty prevails over their personal interest and the interests of their clients. In a world where trade in professional services is rapidly increasing and architects are regularly serving communities other than their own, the International Union of Architects believes that there is a need for International Standards of Professionalism in Architectural Practice. Architects who meet the standards defined in this Accord will, by virtue of their education, competence and ethical behavior, be capable of protecting the best interests of the communities they serve.

INTRoDUCTIoN
The UIA Council established the Professional Practice Commission and approved its program in 1994. Following some 25 months of intensive activity by the Commission during the 1993-1996 triennium, the UIA Assembly unanimously adopted the first edition of the Proposed UIA Accord on Recommended International Standards of Professionalism in Architectural Practice in Barcelona, Spain in July 1996. By this action of the UIA Assembly, the Accord was established as policy recommendations to guide the ongoing work of the UIA and the UIA Professional Practice Commission. The first edition of the Accord was transmitted to all member sections of the UIA with the request for their comments and cooperation in the further development of the policy framework for presentation to the XXI UIA Assembly in Beijing, China, in 1999. The 1997-1999 Professional Practice program focused on responding to comments and recommendations received from Council members, UIA member sections, and members of the Commission on the Accord and its policies. The first edition of the Accord was modified in response to those comments and as a result of Commission debate of the policy issue guideline documents being developed to flesh out the bare bones policy framework of the Accord. The Accord and guidelines recognize the sovereignty of each UIA member section, allow flexibility for principles of equivalency, and are structured to allow for the addition of requirements reflecting local conditions of a UIA member section. It is not the intention of the Accord to establish obligatory standards set by negotiated agreements between competing interests. Rather, the Accord is the result of the co-operative endeavor of the international community of architects to objectively establish standards and practices that will best serve community interests. The Accord and Guideline documents are intended to define what is considered best practice for the architectural profession and the standards to which the profession aspires. These are living documents and will be subject to ongoing review and modification as the weight of opinion and experience dictates. Whilst respecting the sovereignty of UIA member sections, they are invited and encouraged to promote the adoption of the Accord and the Guidelines and, if appropriate, seek the modification of existing customs and laws. It is intended that the Accord and guidelines will provide practical guidance for governments, negotiating entities, or other entities entering mutual recognition negotiations on architectural services. The Accord and guidelines will make it easier for parties to negotiate recognition agreements. The most common way to achieve recognition has been through bilateral agreements, recognized as permissible under Article VII of the GATS. There are differences in education and examination standards, experience requirements, regulatory influence etc., all of which make implementing recognition on a multilateral basis extremely difficult. Bilateral negotiations will facilitate focus on key issues relating to two specific environments. However, once achieved, bilateral reciprocal agreements should lead to others, which will ultimately extend mutual recognition more broadly. The Accord begins with a statement of Principles of Professionalism, followed by a series of policy issues. Each policy issue opens with a definition of the subject policy, followed by a statement of background and the policy. The XXI UIA Assembly in Beijing, China unanimously adopted the Accord in June 1999. A copy of the Resolution of Adoption is attached as Appendix A.

UIA ACCoRD oN RECommENDED INTERNATIoNAL STANDARDS oF PRoFESSIoNALISm IN ARCHITECTURAL PRACTICE

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Principles of Professionalism
members of the architectural profession are dedicated to standards of professionalism, integrity, and competence, and thereby bring to society unique skills and aptitudes essential to the sustainable development of the built environment and the welfare of their societies and cultures. Principles of professionalism are established in legislation, as well as in codes of ethics and regulations defining professional conduct:

Expertise
Architects possess a systematic body of knowledge, skills, and theory developed through education, graduate and post-graduate training, and experience. The process of architectural education, training, and examination is structured to assure the public that when an architect is engaged to perform professional services, that architect has met acceptable standards enabling proper performance of those services. Furthermore, members of most professional societies of architects and indeed, the UIA, are charged to maintain and advance their knowledge of the art and science of architecture, to respect the body of architectural accomplishment, and to contribute to its growth.

Autonomy
Architects provide objective expert advice to the client and/or the users. Architects are charged to uphold the ideal that learned and uncompromised professional judgment should take precedence over any other motive in the pursuit of the art and science of architecture. Architects are also charged to embrace the spirit and letter of the laws governing their professional affairs and to thoughtfully consider the social and environmental impact of their professional activities.

Commitment
Architects bring a high level of selfless dedication to the work done on behalf of their clients and society. members of the profession are charged to serve their clients in a competent and professional manner and to exercise unprejudiced and unbiased judgment on their behalf.

Accountability
Architects are aware of their responsibility for the independent and, if necessary, critical advice provided to their clients and for the effects of their work on society and the environment. Architects undertake to perform professional services only when they, together with those whom they may engage as consultants, are qualified by education, training, and/or experience in the specific technical areas involved. The UIA, through the programs of its national sections and the Professional Practice Commission, seeks to establish principles of professionalism and professional standards in the interest of public health, safety, welfare, and culture, and supports the position that inter-recognition of standards of professionalism and competence is in the public interest as well as in the interest of maintaining the credibility of the profession. The principles and standards of the UIA are aimed at the thorough education and practical training of architects so that they are able to fulfill their fundamental professional requirements. These standards recognize different national educational traditions and, therefore, allow for factors of equivalency.

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Policy Issues

Practice of Architecture
Definition
The practice of architecture consists of the provision of professional services in connection with town planning and the design, construction, enlargement, conservation, restoration, or alteration of a building or group of buildings. These professional services include, but are not limited to, planning and land-use planning, urban design, provision of preliminary studies, designs, models, drawings, specifications and technical documentation, coordination of technical documentation prepared by others (consulting engineers, urban planners, landscape architects and other specialist consultants) as appropriate and without limitation, construction economics, contract administration, monitoring of construction (referred to as supervision in some countries), and project management.

Background
Architects have been practicing their art and science since antiquity. The profession as we know it today has undergone extensive growth and change. The profile of architects work has become more demanding, clients requirements and technological advances have become more complex, and social and ecological imperatives have grown more pressing. These changes have spawned changes in services and collaboration among the many parties involved in the design and construction process.

Policy
That the practice of architecture as defined above be adopted for use in the development of UIA International Standards.

Architect
Definition
The designation architect is generally reserved by law or custom to a person who is professionally and academically qualified and generally registered/licensed/certified to practice architecture in the jurisdiction in which he or she practices and is responsible for advocating the fair and sustainable development, welfare, and the cultural expression of societys habitat in terms of space, forms, and historical context.

Background
Architects are part of the public and private sectors involved in a larger property development, building, and construction economic sector peopled by those commissioning, conserving, designing, building, furnishing, financing, regulating, and operating our built environment to meet the needs of society. Architects work in a variety of situations and organizational structures. For example, they may work on their own or as members of private or public offices.

Policy
That the UIA adopt the definition of an architect as stated above for use in developing UIA International Standards.

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Fundamental Requirements of an Architect


Definition
The fundamental requirements for registration/licensing/certification as an architect as defined above, are the knowledge, skills, and abilities listed below that must be mastered through recognized education and training, and demonstrable knowledge, capability, and experience in order to be considered professionally qualified to practice architecture.

Background
In August 1985, for the first time, a group of countries came together to set down the fundamental knowledge and abilities of an architect (*). These include: Ability to create architectural designs that satisfy both aesthetic and technical requirements, and which aim to be environmentally sustainable; Adequate knowledge of the history and theories of architecture and related arts, technologies, and human sciences; Knowledge of the fine arts as an influence on the quality of architectural design; Adequate knowledge of urban design, planning, and the skills involved in the planning process; Understanding of the relationship between people and buildings and between buildings and their environments, and of the need to relate buildings and the spaces between them to human needs and scale; An adequate knowledge of the means of achieving environmentally sustainable design; Understanding of the profession of architecture and the role of architects in society, in particular in preparing briefs that account for social factors; Understanding of the methods of investigation and preparation of the brief for a design project; Understanding of the structural design, construction, and engineering problems associated with building design; Adequate knowledge of physical problems and technologies and of the function of buildings so as to provide them with internal conditions of comfort and protection against climate; Necessary design skills to meet building users requirements within the constraints imposed by cost factors and building regulations; Adequate knowledge of the industries, organizations, regulations, and procedures involved in translating design concepts into buildings and integrating plans into overall planning; Adequate knowledge of project financing, project management, and cost control.

The revised UNESCo/UIA Charter for Architectural Education was adopted by the UIA General Assembly in July 2005. The Charter includes the following language related to both the development of curriculum for architectural education and the acquisition of the following capabilities. That the following special points be considered in the development of the curriculum: Awareness of responsibilities toward human, social, cultural, urban, architectural, and environmental values, as well as architectural heritage. Adequate knowledge of the means of achieving ecologically sustainable design and environmental conservation and rehabilitation. Development of a creative competence in building techniques, founded on a comprehensive understanding of the disciplines and construction methods related to architecture. Adequate knowledge of project financing, project management, cost control and methods of project delivery. Training in research techniques as an inherent part of architectural learning, for both students and teachers. That architectural education involves the acquisition of the following capabilities: 5.A. DESIGN Ability to engage imagination, think creatively, innovate and provide design leadership. Ability to gather information, define problems, apply analyses and critical judgement and formulate strategies for action. Ability to think three-dimensionally in the exploration of design. Ability to reconcile divergent factors, integrate knowledge and apply skills in the creation of a design solution. 5.B. KNoWLEDGE B1. Cultural and Artistic Studies Ability to act with knowledge of historical and cultural precedents in local and world architecture. Ability to act with knowledge of the fine arts as an influence on the quality of architectural design.

Understanding of heritage issues in the built environment. Awareness of the links between architecture and other creative disciplines. B2. Social Studies Ability to act with knowledge of society, and to work with clients and users that represent societys needs. Ability to develop a project brief through definition of the needs of society users and clients, and to research and define contextual and functional requirements for different types of built environments. An understanding of the social context in which built environments are procured, of ergonomic and space requirements and issues of equity and access. An awareness of the relevant codes, regulations and standards for planning, design, construction, health, safety and use of built environments. B3. Environmental Studies Ability to act with knowledge of natural systems and built environments. Understanding of conservation and waste management issues. Understanding of the life cycle of materials, issues of ecological sustainability, environmental impact, design for reduced use of energy, as well as passive systems and their management. Awareness of the history and practice of landscape architecture, urban design, as well as territorial and national planning and their relationship to local and global demography and resources. Awareness of the management of natural systems taking into account natural disaster risks. B4. Technical Studies Technical knowledge of structure, materials, and construction. Ability to act with innovative technical competence in the use of building techniques and the understanding of their evolution. Understanding of the processes of technical design and the integration of structure, construction technologies and services systems into a functionally effective whole. Understanding of services systems as well as systems of transportation, communication, maintenance and safety. Awareness of the role of technical documentation and specifications in design realisation, and of the processes of construction, cost, planning and control. B5. Design Studies Knowledge of design theory and methods. Understanding of design procedures and processes. Knowledge of design precedents and architectural criticism. B6. Professional Studies Ability to act with knowledge of professional, business, financial and legal contexts. Ability to understand different forms of procurement of architectural services. Awareness of the workings of the construction and development industries, financial dynamics, real estate investment, and facilities management. Awareness of the potential roles of architects in conventional and new areas of activity and in an international context. Understanding of business principles and their application to the development of built environments, project management and the functioning of a professional consultancy. Understanding of professional ethics and codes of conduct as they apply to the practice of architecture and of the architects legal responsibilities where registration, practice and building contracts are concerned. 5.C. SKILL Ability to act and to communicate ideas through collaboration, speaking, numeracy, writing, drawing, modelling and evaluation. Ability to utilise manual, electronic, graphic and model making capabilities to explore, develop, define and ommunicate a design proposal. c Understanding of systems of evaluation, that use manual and/or electronic means for performance assessments of built environments.

Policy
That the UIA adopt a statement of fundamental requirements as set out above as the minimum basis for development of UIA International Standards and seek to ensure that these particular requirements are given adequate emphasis in the architectural curriculum. The UIA will also seek to ensure that the fundamental requirements will be constantly kept under review so that they remain relevant as the architectural profession and society evolve. (* Cf. Derived from Directive 85/384/EEC of the Commission of the European Communities)

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Education
Definition
Architectural education should ensure that all graduates have knowledge and ability in architectural design, including technical systems and requirements as well as consideration of health, safety, and ecological balance; that they understand the cultural, intellectual, historical, social, economic, and environmental context for architecture; and that they comprehend thoroughly the architects roles and responsibilities in society, which depend on a cultivated, analytical and creative mind.

Policy
That graduates of architecture will be required to have completed at least 2 years of acceptable experience/training/ internship prior to registration/licensing/certification to practice as an architect (but with the objective of working towards 3 years) while allowing flexibility for equivalency.

Demonstration of Professional Knowledge and Ability


Definition

seerecommendedguidelinesonpage33

Background
In most countries, architectural education is conventionally delivered by 4-6 years full-time academic education at a university (followed, in some countries, by a period of practical experience/training/internship), though historically there have been important variations (part-time routes, work experience etc.).

Every applicant for registration/licensing/certification as an architect is required to demonstrate an acceptable level of professional knowledge and ability to the relevant national authority.

Policy
In accordance with the UIA/UNESCo Charter for Architectural Education, the UIA advocate that education for architects (apart from practical experience/training/internship) be of no less than 5 years duration, delivered on a full-time basis in an accredited/validated/recognized architectural program in an accredited/validated/recognized university, while allowing variety in their pedagogic approach and in their responses to local contexts, and flexibility for equivalency.

Background
The public is assured of an architects knowledge and ability only after he or she has acquired the requisite education and practical experience/training/internship, and demonstrated minimum knowledge and ability in the comprehensive practice of architecture. These qualifications have to be demonstrated by examination and/or other evidence.

Policy
That the acquired knowledge and ability of an architect have to be proven by providing adequate evidence. This evidence must include the successful completion of at least one examination at the end of the practical experience/training/internship. Necessary components of professional practice knowledge and ability that are not subject to an examination have to be proven by other adequate evidence. These include such subjects as business administration and relevant legal requirements.

Accreditation/Validation/Recognition
Definition

seerecommendedguidelinesonpage25

This is the process that establishes that an educational program meets an established standard of achievement. Its purpose is to assure the maintenance and enhancement of an appropriate educational foundation.

Registration/Licensing/Certification
Definition

seerecommendedguidelinesonpage37

Background
Validated criteria and procedures for accreditation/validation/recognition by an independent organization help to develop well integrated and coordinated programs of architectural education. Experience shows that standards may be harmonized and promoted by regular, external monitoring, in some countries, in addition to internal quality assurance audits.

Registration/licensing/certification is the official legal recognition of an individuals qualification allowing her or him to practice as an architect, associated with regulations preventing unqualified persons from performing certain functions.

Background
Given the public interest in a quality, sustainable built environment and the dangers and consequences associated with the development of that environment, it is important that architectural services are provided by properly qualified professionals for the adequate protection of the public.

Policy
That courses must be accredited/validated/recognized by an independent relevant authority, external to the university at reasonable time intervals (usually no more than 5-years), and that the UIA, in association with the relevant national organizations of higher education, develop standards for the content of an architects professional education that are academically structured, intellectually coherent, performance-based and outcome-oriented, with procedures that are guided by good practice.

Policy
That the UIA promote the registration/licensing/certification of the function of architects in all countries. In the public interest, provision for such registration/licensing/certification should be by statute.

Practical Experience/Training/Internship
Definition

seerecommendedguidelinesonpage29

Procurement
Definition

seerecommendedguidelinesonpage43

Practical experience/training/internship is a directed and structured activity in the practice of architecture during architectural education and/or following receipt of a professional degree but prior to registration/licensing/certification.

The process by which architectural services are commissioned.

Background
To complement academic preparation in order to protect the public, applicants for registration/licensing/certification must integrate their formal education through practical training.

Background
Architects (through their codes of conduct) uphold the interests of their clients and society at large before their own interests. In order to ensure they have adequate resources to perform their functions to the standards required in the public interest, they are traditionally remunerated in accordance with either mandatory or recommended professional fee-scales.

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There are international rules, such as the General Procurement Agreement (WTo) and the EU Services Directive, that aim to guarantee the objective and fair selection of architects. However, there has been an increasing tendency recently to select architects, for both public and private work, on the basis of price alone. Price-based selection forces architects to reduce the services provided to clients, which in turn compromises design quality and therefore the quality, amenity and social/economic value of the built environment.

Fundamental Requirements of an Architect and in future variations thereof. In the meantime, the UIA must monitor the developments in continuing professional development for registration renewal, recommend guidelines among all nations to facilitate reciprocity and continue to develop policy on this subject.

Policy
To ensure the ecologically sustainable development of the built environment and to protect the social, cultural, and economic value of society, governments should apply procurement procedures for the appointment of architects that are directed to the selection of the most suitable architect for projects. Conditional upon adequate resources being agreed among the parties, this is best achieved by one of the following methods: Architectural design competitions conducted in accordance with the principles defined by the UNESCo-UIA international competitions guidelines and approved by national authorities and/or architectural professional associations. A qualification based selection (QBS) procedure as set out in the UIA guidelines; Direct negotiation based on a complete brief defining the scope and quality of architectural services;

Scope of Practice
Definition

seerecommendedguidelinesonpage61

This is the provision of design and management services in connection with land-use planning, urban design, and building projects.

Background
As society has evolved, the creation of the urban and built environment has become more complex. Architects have to deal with an increasingly wide range of urban, aesthetic, technical, and legal considerations. A coordinated approach to building design has proved to be necessary to ensure that legal, technical, and practical requirements are met and that societys needs and demands are satisfied.

Policy

Ethics and Conduct


Definition

seerecommendedguidelinesonpage55

That the UIA encourage and promote the continuing extension of the boundaries of architectural practice, limited only by the provisions of codes of ethics and conduct, and strive to ensure the corresponding extension of the knowledge and skills necessary to deal with any extension of boundaries.

A code of ethics and conduct establishes a professional standard of behavior that guides architects in the conduct of their practices. Architects should observe and follow the code of ethics and conduct for each jurisdiction in which they practice.

Form of Practice
Definition

seerecommendedguidelinesonpage65

Background
Rules of ethics and conduct have as their primary object the protection of the public, caring for the less powerful and the general social welfare, as well as the advancement of the interests of the profession of architecture.

The legal entity through which the architect provides architectural services.

Policy
The existing UIA International Code of Ethics on Consulting Services remains in force. member Sections of the UIA are encouraged to introduce into their own codes of ethics and conduct the recommended Accord Guidelines and a requirement that their members abide by the codes of ethics and conduct in force in the countries and jurisdictions in which they provide professional services, so long as they are not prohibited by international law or the laws of the architects own country.

Background
Traditionally, architects have practiced as individuals, or in partnerships or in employment within public or private institutions. more recently, the demands of practice have led to various forms of association, for example: limited and unlimited liability companies, cooperative practices, university-based project offices, community architecture, although not all are allowed in all countries. These forms of association may also include members of other disciplines.

Policy

Continuing Professional Development


Definition

seerecommendedguidelinesonpage59

That architects should be allowed to practice in any form legally acceptable in the country in which the service is offered, but always subject to prevailing ethical and conduct requirements. The UIA, as it deems necessary, will develop and modify its policies and standards to take account of alternative forms of practice and varied local conditions where these alternatives are thought to extend the positive and creative role of the architectural profession in the interests of society.

Continuing Professional Development is a lifelong learning process that maintains, enhances, or increases the knowledge and continuing ability of architects.

Background
more and more professional bodies and regulatory authorities require their members to devote time (typically at least 35 hours per year) to maintaining existing skills, broadening knowledge, and exploring new areas. This is increasingly important to keep abreast with new technologies, methods of practice, and changing social and ecological conditions. Continuing professional development may be required by professional organizations for renewal and continuation of membership.

Practice in a Host Nation


Definition

seerecommendedguidelinesonpage71

Practice in a host nation occurs when an individual architect or corporate entity of architects either seeks a commission or has been commissioned to design a project or offer a service in a country other than his/her/its own.

Policy
That UIA urge its member sections to establish regimes of continuing professional development as a duty of membership, in the public interest. Architects must be sure they are capable of providing the services they offer, and codes of conduct must oblige architects to maintain a known standard in a variety of areas described under the

Background
There is an interest in increasing the responsible mobility of architects and their ability to provide services in foreign jurisdictions. There is also a need to promote the awareness of local environmental, social, and cultural factors and ethical and legal standards.

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Policy
Architects providing architectural services on a project in a country in which they are not registered shall collaborate with a local architect to ensure that proper and effective understanding is given to legal, environmental, social, cultural, and heritage factors. The conditions of the association should be determined by the parties alone in accordance with UIA ethical standards and local statutes and laws.

Building Project Delivery Systems


Definition

seerecommendedguidelinesonpage85

Building project delivery systems are defined as the contractual relationships between the project client and the other parties involved in the design, documentation and construction of the building.

Background

Intellectual Property and Copyright


Definition

seerecommendedguidelinesonpage75

Traditionally building project delivery systems have involved architects in the role of the project clients agent, with responsibility for the design, documentation and administration of the building contract agreement. Under many current and emerging building delivery systems the architect no longer acts as the agent of the project client. Therefore it is important that the role, responsibilities and constraints placed on architects in providing their services under different building project delivery systems are clearly understood.

Intellectual property encompasses the three legal areas of patent, copyright, and trademark. It refers to the right (sometimes guaranteed under the law of some nation states) of designers, inventors, authors, and producers, to their ideas, designs, inventions, works of authorship, and the identification of sources of products and services.

Policy
Architects should maintain high standards of professionalism and service under all forms of building project delivery systems.

Background
While many countries have some legal protection covering the architects design, that protection is often inadequate. It is not unusual for the architect to discuss ideas and concepts with a prospective client, subsequently not be hired, and later find that the client has used the architects ideas with no recompense. The intellectual property of architects is, to some extent, protected by international regulations. In the context of the GATS, this is the agreement on traderelated aspects of intellectual property rights, including trade in counterfeit goods (TRIPS). The World Copyright Convention of September 16, 1955 is also of international significance. In Europe, the Revised Berne Agreement of 1886 is binding in most states.

Policy
That the national law of a UIA member section should entitle an architect to practice his/her profession without detriment to his/her authority and responsibility, and to retain ownership of the intellectual property and copyright of his/her work.

Role of Professional Institutes of Architects


Definition

seerecommendedguidelinesonpage79

Professions are generally controlled by a governing body that sets standards (e.g. of education, ethical rules, and professional standards to be observed). The rules and standards are designed for the benefit of the public and not the private advantage of the members. In some countries, certain types of work are reserved to the profession by statute, not in order to favor members but because such work should be carried out only by persons with requisite education, training, standards and discipline, for the protection of the public. Institutes have been established for the advancement of architecture, promotion of knowledge and--by ensuring that their members perform to a known standard--protection of the public interest.

Background Depending on whether a country has protection of title or function, (or both, or neither), the role and responsibilities of professional institutes varies considerably. In some countries, the statutory bodies also represent the profession; in others, these functions are separate. It is customary for members of professional institutes to be expected to maintain a known standard. This is achieved by adhering to codes of conduct promulgated by the professional institutes, and fulfilling other requirements of membership, e.g. continuing professional development. Policy
In countries where professional institutes do not exist, the UIA should encourage members of the architectural profession to form such institutes in the public interest. Professional Institutes should seek to ensure that their members adhere to the UIA international standards, the minimum requirements of the UIA-UNESCo Architectural Education Charter, and UIA International Code of Ethics and Conduct; keep up to date their knowledge and skills as required by the list of Fundamental Requirements (both current, and as they evolve in the future); and generally contribute to the development of architectural culture and knowledge as well as the society they serve.

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APPENDIX A
RESoLUTIoN oF ADoPTIoN (Number 17) oF THE UIA ACCoRD oN RECommENDED INTERNATIoNAL STANDARDS oN PRoFESSIoNALISm IN ARCHITECTURAL PRACTICE Adopted by the XXI UIA Assembly Beijing, China, July 28, 1999 The Assembly unanimously resolved that it adopts the Second Edition of the UIA Accord on Recommended International Standards of Professionalism in Architectural Practice as an advisory document intended to be used by member sections in setting and reviewing their own standards. The Accord and Guidelines will also make it easier for UIA member sections to negotiate mutual recognition agreements. The Assembly asks that the Accord be transmitted to all UIA member sections with the request for their cooperation and participation in the further development of this policy framework for presentation at the XXII UIA Assembly (Berlin 2002). The Assembly recognizes the mandate of Council to adopt Accord Policy Guideline documents and commend them to the UIA member sections. The Assembly recognizes that there are differences in the cultures, practices and conditions in different member sections and encourages the member sections to use the documents as advisory documents intended to be adapted to local conditions. The Assembly acknowledges that the sovereignty of each UIA member section must be respected in negotiations of mutual recognition agreements and notices that the guidelines are intended to allow flexibility for principles of equivalency and reciprocity and are structured to allow for the addition of requirements reflecting local conditions of a UIA member section. The Assembly authorizes the UIA President and Secretary General to submit the Accord to the World Trade organization, to other interested institutions and organizations as the basis for mutual recognition negotiations and to the Government of a country on the specific request of the UIA member section of the country in question. The Assembly requests that the Professional Practice Commission analyze all the comments expressed during the General Assembly during its meeting in Prague (october 1999) in order to check on whether or not it is opportune to integrate them in the documents approved by the Beijing Assembly. The Assembly authorizes the UIA Council to develop a policy to communicate the Accord and Guideline documents to interested parties. The Assembly recommends to UIA member sections that following the use of these Standards, they inform the Commission Secretariat of their experience, in order that it can be taken into account for the improvement and evolution of these basic documents.

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RECommENDED GUIDELINES

ThefirstfourAccordPoliciesPracticeofArchitecture,Architect,FundamentalRequirementsofanArchitect andEducation-wereviewedasbeingfullydevelopedandthereforedidnotrequirethedevelopmentofsupporting RecommendedGuidelines.

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Recommended Guidelines for the Policy on Accreditation/Validation/Recognition

Accord Policy on Accreditation/Validation/Recognition


Thatcoursesmustbeaccredited/validated/recognizedbyanindependentrelevantauthoritiyexternaltothe universityatreasonabletimeintervals(usuallynomorethanfive-years),andthattheUIA,inassociationwiththe relevantnationalorganizationsofhighereducation,developstandardsforthecontentofanarchitectsprofessional educationthatareacademicallystructured,intellectuallycoherent,performance-based,andoutcome-oriented,with proceduresthatareguidedbygoodpractice.

Introduction
Accreditation of educational programs in architecture, whether sought voluntarily by the educational institution or exacted by relevant authorities, seeks primarily to ensure, in the public interest, that the standards attained by succesful graduates of the program are adequate with regard to the design, technical, and professional skills and ethical formation required for competent architectural practice. The principles in any accreditation policy permit flexibility of approach while ensuring independent standards for the accrediting body and the pursuit and maintenance of high standards in educational endeavor and in the accrediting process itself. The critical criteria in a satisfactory educational program involve thorough assessment in accordance with previously defined and agreed criteria, by a group of assessors external to the school of architecture who are competent by training and experience to evaluate architecture programs and make recommendations for their direction or modification. External assessors may be appointed by the state in which the architectur program is run, by an independent professional architectural organization, nominated as external examiners by the school of architecture itself, or by some other satisfactory method. The system of appointing the assessor may vary depending upon whether the educational institution is publicly or privately run. An independent relevant authoritiy can comprise representatives of a professional body, such as an institute or chamber of architects, or a nongovernmental organization of architects or schools of architecture; it can be a national or state government, or its delegated representatives, or an organization of external examiners. The process of validation of programs will occur periodically, and a satisfactory method of accreditation will involve the review of the work of all students passing through a school of architecture on at least one occasion during their educational program. Recognizing the differences between governance of public and private institutions, consistency must be provided both in the accreditation/recognition/validation process and the end result. Accreditation procedures vary depending on whether the education programs in question are proposed for establishment, recently set up and not previously accredited, or the subject of proposed change. In every instance, the assessors will be provided with documentation in advance of their visit to the school; review examination papers and scripts, studio programs and studio work; course syllabus and examples of course work; and meet with students and staff. They may also look at the pedagogic, professional, and research output of the faculty/staff. on conclusion of such review, the assessors will provide the school with a program report that will make recommendations for accreditation and may make suggestion for changes in the educational program or impose conditions for accreditation.

1. Criteria for Accreditation Courses, Programs, and Examinations in Architecture


The core knowledge and skills required of a competent architect, set down by the relevant organizations for higher education and recognized in the UIA Accord on Recommended International Standards of Professionalism in Architectural Practice, are as set down in the Fundamental Requirements of an Archtitect from the Accord. These skills are mastered by the architect through education, training, and experience, and educational programs in architecture set out to help the student of architecture acquire such ability, knowledge, unterstanding, and skills to the extent that these may be required within such a program. The UIA advocates that education for architects should be

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of no less than five years duration, principally delivered on a full-time basis in an accredited architectural program in an accredited/validated university, while allowing flexibility for equivalency. In some countries, education is followed by a period of practical experience/training/internship. During this education and training process, the levels of ability reached by the student of architecture in the fundamental requirements listed will advance in line with the progress of the students study, and validation of the relevant educational program will take account of the varying levels of attainment reasonably to be expected at the appropriate moments. The knowledge and abilities required of architects have changed and will continue to change to reflect societys expectations. The UIA will review its Recommended Guidelines for the Accord Policy on Accreditation/Validation/ Recognition from time to time to ensure its continual relevance. The relative weighting ascribed to the different criteria listed and the relative degree of importance of skill to be attained will vary from country to country and from time to time. In different countries, for reasons of tradition and deliberate choice, educational institutions may themselves ascribe different weighting to the various criteria, which, in turn, will be influenced by the precise missions generally untertaken by architects within that country. In every instance, the educational program will be based on a syllabus that will incorporate topics and subjects derived from or comparable to those listed. The accreditation criteria will include a review of the syllabus. The syllabus will vary depending on the stage of studies, whether at intermediate or final examination level and whether before or after any period of practical training.

4. Documentation and Visiting Methods


Where accreditation is being sought either on an initial or ongoing basis for an already-established educational program, documentation to be provided by the educational institution to the accrediting authority might include: A brief description of the parent educational institution, with a statement of factors within the national, r egional, and urban context that influence the nature of the educational institution; A brief description of the history of the course; T he philosophical approach, mission, and vision to architectural education; A n indication of any characteristics in the background of students that influence the direction o f courses offered; A summary of academic staff profile, including nonteaching activities and other duties including research, p ublications, professional work, and community involvement; A statement of physical resources, including studios, teaching space and equipment, laboratory and w orkshops, library facilities and resource centers, computers, and information systems; A note of decision-making networks and management structure; A complete description of the academic program, including a description of the program framework, r equirements to complete the program, and other requirements for graduation; lecture syllabi; details of studio p rograms; and copies of course handbooks; S tatistical information on student enrollment numbers, numbers of graduations, staff numbers, and the staff/ s tudent ratio; A self-appraisal by the school of its education policy--taking account, where appropriate, of reports provided by p revious accreditation boards and discussing development since any previous accreditation--to cover issues i n external examiners reports, changes in resource provisions, critical evaluaton of course objectives, special f eatures of the course, and other relevant matters.

2. Methods of Accreditation
Accreditation is carried out by properly constituted authorities that are independent of the institution housing the program to be accredited. Accrediting authorities must be competent by way of training and experience. This will indicate that persons untertaking accreditation work have experience in architectural design, practice, ethical standards, and training. Frequently an accreditation panel will comprise nominees of more than one of the types of organizations listed and, in every instance, involves accreditation by established members of the architectural profession. This will help promote both objective evaluation and a broad and inclusive view of architecture. In every instance, when educational institutions participate in accreditation procedures, the educational institiution cannot participate in the procedure for accrediting its own program. Recommended Guidelines for the Accord Policy

3. Procedures for Accrediting Educational Programs in Architecture


The nature and detail of procedures to be adopted by an accrediting board will vary depending on the culture and educational practices of the country concerned. They will also vary on whether an educational program is being considered in advance of its establishment; examined for the first time; has been established for some time and has previously been accredited; or, having either failed to achieve accreditation or having had a previous accreditation withdrawn, is presented for accreditation afresh for a further time. Accreditation procedures will also vary depending on whether one or more stages in the process are to be accredited. In some countries, accreditation procedures involve a three-stage process: after three and five years respectively in the academic educational program and on conclusion of an agreed period of practical training. In other countries the process will involve one or two stages. Accreditation procedures involve the review by the assessors of the content of an educational program and of the standards achieved within that program. The assessment is made on the basis of information provided by the educational institution with regard to the program, syllabus, details of studio programs and examination scripts, and reports of external examiners; a self-appraisal by the educational institution; and, during a visit to the institution, on meetings with the head of the school program staff and students and inspection of student work and facilities where an institution is proposing major changes to an existing course or proposing to introduce a new course, it may be helpful to undertake a preliminary assessment by an independent relevant authority as to whether the content, structure, and resources of the proposed program are such as to be likely to achieve accreditation of the course and its graduates. Information that will be useful in such an assessment would include a description of the context of the proposal, philosophical approach proposed, and proposed academic program. Such a description might include a course diagram, details of the course framework, requirements to complete the course, and details of lecture syllabi and contact hours for each subject.

The accrediting authority visits the educational institution and reviews the program in situ. During the visit, an exhibition of work completed by students over a period of at least 12 months prior to the visit will be helpful. Such exhibition should comprise a range of studio work, with programs attached for each year of the course arranged as far as possible to show the development of the curriculum throughout the program. A range of the written and drawn work in each year of the program should be exhibited so that the level of attainment of students in each of the areas as set out as fundamental requirements for an architect can be assessed. Presented work should include a representative sample of studio portfolios and examination scripts for the highest, average. and lowest pass grades in each subject, and these should be complemented by records of examination and assessment results for all years of the course in all subject areas. When inspecting the educational program in situ, the accrediting authority may wish to untertake meetings and discussions with the program teachers, including the head of the school or department, studio and specalist staff, and external examiners. The authority may also talk with students of the program, both as a body and/or individually. Subject for discussion as part of the assessment process might include methods of educational assessment; the content of project work and lecture courses; and the relation of lecture courses to project work, the use of specialist teachers, and future developments.

5. Reporting Procedures
An accrediting authoritiy will provide a written report on the educational program on conclusion of the visit to the program. Such a report will validate and supplement the written information provided by the educational institution and convey the accrediting authoritys view of the quality of education in terms of student performance in the course under review. Procedures might include methods of ensuring such report is free from factual error, is treated confidentially, and is seen by all relevant parties. An accrediting report will normally recommend accreditation of the educational program for a fixed period of no more than five years duration.

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Recommended Guidelines for the Policy on Practical Experience/Training/Internship


Accord Policy on Practical Experience/Training/ Internship


Thatgraduatesofarchitecturewillberequiredtohavecompletedatleasttwoyearsofacceptable experience/training/internshippriortoregistration/licensing/certificationtopracticeasanarchitect (butwiththeobjectiveofworkingtowardsthreeyears)whileallowingflexibilityforequivalency.

Guidelines
1. Period of practical experience/training/internship
The experience set out below should be demonstrated prior to applying for registration/licensing/certification and should be gained over the period defined in the Accord Policy. At least half of that period should occur following the basic academic prerequisites and in any case should not imply a reduction of the academic period referred to under the Accord Education Policy.

2. Objectives of the period of practical experience/training/internship


The objectives of the period of practical experience/training/internship (here after referred to as internship) are: o provide interns with the opportunity to acquire basic knowledge and skill in the practice of architecture; T o ensure the practices, activities, and experience of interns is recorded by a standard method; T o enable interns to attain a broad range of experience in the practice of architecture. T

3. Categories of experience
An intern should receive practical experience and training under the direction of an architect in at least half of the areas of experience nominated under each of the following four categories: 3.1 Project and Office Management m eeting with clients D iscussions with clients of the brief and the preliminary drawings F ormulation of client requirements P re-contract project management D etermination of contract conditions D rafting of correspondence C oordination of the work of consultants office and project accounting systems P ersonnel issues 3.2 Design and Design Documentation S ite investigation and evaluation m eetings with relevant authorities A ssessment of the implications of relevant regulations P reparation of schematic and design development drawings C hecking design proposals against statutory requirements P reparation of budgets, estimates, cost plans, and feasibility studies

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3.3 Construction Documents reparation of working drawings and specifications P monitoring the documentation process against time and cost plans hecking of documents for compliance with statutory requirements C oordination of subcontractors documentation C oordination of contract drawings and specifications C 3.4 Contract Administration ite meetings S nspection of works I ssuing instructions, notices, and certificates to the contractor I lient reports C dministration of variations and monetary allowances A

.4 Project Services and Systems oordinating the design and documentation of project services and systems into the project design and C ocumentation process d .5 Schematic Design nalyzing the client brief and producing potential project design solutions through a process of hypothesis, A valuation, and reappraisal e raphically representing alternative project designs G resenting and agreeing preliminary design proposals with clients and other interested parties P . Design Development and Design Documentation nvestigating and establishing the specific spatial, organization and circulation requirements within and I round a project a onsidering and deciding upon the disposition of construction and project services systems, materials, C nd components a eveloping drawings and documents to fully describe the developed design proposal fort he approval of the D lient and other interested parties c nalyzing possible effects on the context, users, etc. A . Construction Documentation esearching, analyzing, and selecting appropriate materials and systems for a project R reparing accurate consistent and complete construction drawings, specifications, and schedules that P escribe the extent and location of construction elements, components, finishes, fittings, and systems d . Contract Administration reparing documents to invite bids or tenders P valuating and making recommendations in respect of bids or tenders received E inalizing project contracts F dministering project contracts A onitoring compliance with contract conditions and the requirements of relevant authorities m nspecting and evaluating construction works to ensure that they comply with the requirements of the I ontract documents c

4. Record of practical experience/training/internship


Interns should maintain a written record, in a standard form or a logbook, of all periods of training, experience, and supplementary education received during the internship period. This record should be set out under the areas of training nominated in Part 2 above. It should describe the nature and duration of activities undertaken, and each of these should be signed by the supervisor architect as a true record of the experience gained by the intern. The standard form or logbook is to be presented to the registering/licensing authority on request, as evidence that the required practical experience/ training/ internship is being undertaken or has been completed.

5. Supervisors
Interns should gain their experience under supervision. Supervisors are to be registered or licensed architects in the jurisdiction in which the internship is undertaken, and will either be the employer or the architect to whom the intern reports during each recorded period of experience.

. Core knowledge and ability requirements


At the completion of the period of practical experience/training/internship, the intern should have demonstrated or be able to demonstrate knowledge and/or ability in the following: .1 The Practice of Architecture n overview of the architectural profession in the national and international community A knowledge and appreciation of ethical standards A nowledge of the local architectural association K n overview of the local construction industry and construction law A irection and coordination of consultants D ffice management and systems o egal aspects of practice L iability, risk management, and insurance L .2 Project Management stablishing and managing client agreements E cheduling of project activities and tasks S ssessing codes, regulations, and legislation A roject financing and cost control P roject procurement and contractual systems P ispute resolution D anagement of subcontractors m roject administration and monitoring systems P .3 Pre-design and Site Analysis stablishing, analyzing, and recording environmental issues relevant to the project E stablishing and clearly defining a design brief E stablishing, analyzing, and recording site conditions E

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Recommended Guidelines for the Policy on Demonstration of Professional Knowledge and Ability

Accord Policy on Professional Knowledge and Ability


Thattheacquiredknowledgeandabilityofanarchitecthavetobeprovenbyprovidingadequateevidence. Thisevidencemustincludethesuccessfulcompletionofatleastoneexaminationattheendofthepracticalexperience/training/internship.Necessarycomponentsofprofessionalpracticeknowledgeandabilitythatarenotsubject toanexaminationhavetobeprovenbyotheradequateevidence.Theseincludesuchsubjectsasbusinessadministrationandrelevantlegalrequirements.

Introduction
Professional learning involves both study in an academic institution at university level and structured, monitored and assessed experience in the workplace. The demonstration of professional knowledge and ability may require collaboration between education and practice, and between the academic institute and qualified practicing architects. The broad list of knowledge and abilities is published in the UIA/UNESCo Charter on Education and in other Guidelines. Levels of learning vary, from an awareness, to an understanding to an ability to do a particular professional task. Some subject areas are usually learned in the university environment, while others are often learned while working in an architects office or in other areas of the built environment. methods of assessment of knowledge and ability vary. University courses may be examined by a critical assessment of project work, written documents, multiple choice or essay examinations, and in other ways. Experience in aspects of professional practice may be examined through the evaluation of case studies, the assessment of learning experience recorded in a record of professional practice (logbook), in written and design examinations, and/or in a professional interview with experienced members of the profession. The appropriate mix of techniques will vary from country to county based on institutional structures and other cultural differences. However, it is important that the title architect is only conferred upon individuals who can demonstrate the successful completion of a university level academic program and a period of assessed practical training or the equivalent. There is a view that architecture is an holistic discipline. The ability to assess and integrate a range of knowledge and skills is often assessed through the design studio. The aim of the studio is both to develop skills in producing an appropriate and attractive design and also to learn and demonstrate skills, for example, of critical reasoning and architectural professional judgment.

The UIA Recommended Model


1. Academic Professional Education
Candidates for registration as architects should complete an academic professional education at university level as recommended in the UIA/UNESCo Charter on Education. The precise form for the assessment of knowledge and ability is usually left to the provider of the program, and in most cases this is the university. Standards of academic assessment should be ensured through the application of the policies recommended in the Commission Guideline on Accreditation/Validation /Recognition.

2. Internship/Professional Experience
Accord policy identifies the need for a period of monitored and assessed professional experience prior to registration Techniques for the examination of professional experience vary widely among jurisdictions. In many countries it takes the form of recording the time spent in an office under the supervision of an architect. In some jurisdictions the emphasis is now shifting to systems which assess and record learning outcomes, rather than just time spent. Techniques for recording learning may include monitored and assessed logs of candidate activity, critical case studies of paradigm projects, case studies of projects undertaken by the candidate, examinations of professional practice knowledge and ability, and/or interviews with experienced professional practice examiners.

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3. The Final Professional Examination/Assessment


In some jurisdictions an assessment of knowledge and ability takes place in the form of a centrally administered written paper, examination, specific design exercises and/or an interview with professional practice examiners. Professional experience should be assessed to determine learning outcomes in accordance with UIA recommendations. Centrally administered assessment systems should avoid imposing unnecessarily complex or redundant systems on students. In countries which have validated and broadly compatible academic professional programs, the UIA favors a final examination/assessment providing its scope is restricted to areas which have not already been assessed through other means, whether prior to the award of a recognized academic qualification in architecture, or through assessed professional experience. In countries which have a broad range of academic courses which may not be externally validated by the profession, the UIA favors a comprehensive final professional examination/assessment which tests core knowledge and ability as well as professional maturity. All candidates for registration must submit to an assessment of professional knowledge and ability or be able to demonstrate the equivalent of a qualification achieved in their home jurisdiction.

. Monitoring the Changing Requirements for Architectural Education and Training


Architectural education and professional training must undergo continuous change and review if it is to keep pace with the changing nature of practice and expectations of the public. Concern with sustainability, health and safety, and access for the disabled are all examples of education and practice, which have changed significantly in a decade. The scope and method of demonstrating competency must be reviewed regularly if it is not to risk stagnating development within the profession. overly prescriptive competence guidelines which are not reviewed regularly run the risk of discouraging vitality and innovation in architectural education. overly vague guidelines provide little in the way of consumer protection in determining the scope or level of competence that the public may expect from a practicing architect. The UIA recommends that in order to ensure contemporary relevance a comprehensive review of the criteria and procedures for accreditation/validation of architectural education and professional training should take place about every 5 years.

4. Learning Outcomes
Competency relates mainly to knowledge and ability which are relevant irrespective of where or when an architect practices, as reflected in the adoption of the UIA/UNESCo Charter on Education. However, there are differences in the knowledge base, which is required for competent practice at a particular time or location. For example, while an awareness of the existence of contract law may be globally relevant to architects in practice, the knowledge of a particular countrys legal system may by domain specific; while an understanding of lateral stability is global in its relevance, knowledge of geo-technical conditions and methods for design against earthquakes may be domain specific. The UIA believes that the demonstration of professional competence should focus on the development of general and transferable knowledge and skills, for these are the learning outcomes which remain relevant to the professional over time and irrespective of the location of practice. The need for continuing professional development is acknowledged by the UIA and the architects code of conduct usually requires that architects should only undertake commissions where the required knowledge and ability are present. The UIA does not favor the re-examination of knowledge and ability, which have already been examined.

5. Examination/Assessment Requirements Should Be Competency Based


The UIA opposes restrictions on Examination/Assessment, which are not competency based.

. Incremental Assessment Versus Repeat Examinations


While acknowledging that architecture is in a sense an holistic discipline involving complex professional judgments, the UIA believes that examination can be undertaken at planned stages in the students development. It is usual that these stages are: D uring and at the end of the period of academic professional study, marked by the award of a cademic degrees; A t the end of the professional experience period; and/or T hrough a final examination which, depending on the character of previous assessments, may b e of a general nature or restricted to domain specific knowledge.

. Demonstrating Competence to a Relevant Authority


The relevant authority will need to be satisfied that the required standards have been met before allowing registration of title, function and/or membership of the professional institute. This will require the authority to: A dopt standards for competency, such as those recommended by the UIA, other multinational d ocuments, or an internationally compatible national standard; A ssess standards of competency of academic achievement in architecture, internship/ p rofessional experience, and domain specific knowledge, either through participation in or t hrough the receipt of recommendations from an independent accreditation/validation agency.

The scope and standard of competency at all stages of an architects education and professional training should be subject to regular accreditation/validation by an objective panel which can sanction programs and report its findings to registration bodies/professional institutes.

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Recommended Guidelines for the Policy on Registration/Licensing/Certification of the Practice of Architecture

Accord Policy on Registration/Licensing/Certification of the Practice of Architecture


ThattheUIApromotetheregistration/licensing/certificationofthefunctionofarchitectsinallcountries.Inthepublic interest,provisionforsuchregistration/licensing/certificationshouldbebystatute.

Introduction
Registration/Licensing
Certification Registration/licensing/certification is the official legal recognition of an individuals qualification allowing her or him to practice as an independent architect, associated with regulations preventing unqualified persons from performing certain functions. Given the public interest in a high-quality, sustainable built environment and the dangers and consequences associated with the construction industry, it is important that architectural services are provided by properly qualified professionals in order to provide adequate protection for the public. Registration/licensing/ certification is based on minimum standards of competency relative to education, experience, and examination to ensure that the public interest is served. occupational licensure is an exercise of the states inherent police power to protect the health, safety, and welfare of its citizens. Five generally accepted criteria indicate when licensure is appropriate: 1) nregulated practice of the occupation poses a serious risk to a consumers life, health, safety, or economic u ell-being and the potential for harm is recognizable and likely to occur; w 2) he practice of the occupation requires a high degree of skill, knowledge, and training; t 3) he functions and responsibilities of the practitioner require independent judgment and the members of the t ccupational group practice independently; o 4) he scope-of-practice of the occupation is distinguishable from other licensed and unlicensed occupations; t 5) he economic and cultural impact on the public of regulating this occupational group is justified. The practice of t rchitecture meets these classic criteria. a

Practice Regulation vs. Title Registration


Practice regulation i.e. regulation of the practice of a profession, means that only those individuals who meet specific legislated criteria (of education, training, and testing) may perform the services of a profession. Practice regulation or licensure--because of its cost to the state and consumers and because it limits entry into a profession-is traditionally reserved for professions and occupations that if unregulated pose a serious threat to public health, safety, and welfare. In evaluating whether a profession should be regulated by practice regulation, most states apply a set of objective criteria, which include: Is the public being harmed by lack of regulation and can such harm be documented? Are there alternatives to state regulation? Is the public protected by existing laws, codes, or standards, and would strengthening such laws solve the problem? What is the cost to the state and the public of regulating the profession and will the public benefit from such regulation?

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Title registration means individuals must still meet specific qualifications criteria, but only the use of the title is controlled. Individuals who do not have the title may continue to perform the services. Title registration should confer only a protected title. A title bill should not affect the scope of that groups practice or permit those individuals to do anything they were not already legally entitled to do. (NoTE: Title registration is called certification in most states. The word licensing, though often used as an umbrella term for state regulation, is used by most states to mean practice regulation.) Title registration is intended to provide a means that the public can use for distinguishing trained/qualified practitioners or providers of a service from untrained or unqualified individuals. Title registration does not prevent other less qualified individuals from providing the services; it simply establishes a measuring stick against which their qualifications can be judged. Title registration is considered appropriate when no serious threat to the public is involved, but consumers may be confused and misled about providers qualifications. Title registration achieves the goal of enabling the public and consumers of services to differentiate, with minimal cost to the state and consumers, trained, qualified individuals from those who are untrained. With title registration, those individuals who do not meet the registration requirements are not deprived of their livelihoods. These individuals can continue to provide services; they are simply constrained from using a protected title.

2. Regulation of Conduct of Registrants


2.1 Authorization
Clearly the authorization of an architectural registration agency to adopt rules or regulations governing the conduct of architects should be covered by statute. Rule-making power coupled with a power of revocation or suspension of registration based on misconduct implicitly requires further description by the rule-making process of what will constitute misconduct.

2.2 Rules of Conduct The statute should authorize the architectural registration agency to promulgate, as part of its regulatory function, rules of conduct governing the practice of registered architects. The statute should contain standards for the scope and content of such rules. The statute should also provide that violation of the rules of conduct promulgated by the architectural registration agency is one of the enumerated grounds for revocation or suspension of registration or for the imposition of a civil fine.

Proposed Legislative Guidelines


The International Union of Architects recommends that legislation or statutes regulating the profession of architecture should be based on regulation of the practice of architecture. The following guidelines reflect that recommendation and set forth provisions to deal with a limited number of problem areas of state regulation that have implications beyond the boundaries of an individual state. For the sake of brevity, the term registration is used throughout the guideline to denote registration/ licensing/certification. It should be noted that in any mutual recognition agreement between national and international jurisdictions, the UIA takes the position that only registered architects (whether with practice registration or title registration) are recognized. Guidelines rather than draft statutory language are recommended because the laws of states represented by the member sections of the UIA contain language, organization, and provisions reflecting the unique political and cultural characteristics of those states. It would undoubtedly be disruptive and confusing to try to suggest exact statutory language on an international basis.

3. Qualification for Registration


Qualification criteria for registration should be objective and transparent. For the purpose of a registration statute, care should be taken to assure that the statute appropriately reflects the UIA Accord on Recommended International Standards of Professionalism in Architectural Practice policies and guidelines on fundamental requirements of an architect, education, accreditation/validation/recognition, practical experience/ training/internship, and practical examination/demonstration of professional knowledge and ability. It is not appropriate that statutes contain requirements for citizenship or residency to enter into the profession.

3.1 Degree
An applicant for registration should be required to hold an accredited professional degree in architecture. The UIA recommends that the UIA/UNESCo Charter for Architectural Education be established as the minimum criteria for architectural education.

1. Definition
1.1 Practice of Architecture
For the purpose of a registration statute, the definition of the practice of architecture should be the definition adopted by the UIA in the Accord on Recommended International Standards of Professionalism in Architectural Practice: The practiceofarchitectureconsistsoftheprovisionofprofessionalservicesinconnectionwithtownplanningandthe design,construction,enlargement,conservation,restoration,oralterationofabuildingorgroupofbuildings.These professionalservicesinclude,butarenotlimitedtoplanning;strategicandland-useplanning;urbandesign;provision ofpreliminarystudies,designs,models,drawings,specifications,andtechnicaldocumentation;coordinationof technicaldocumentationpreparedbyothersasappropriateandwithoutlimitation(consultingengineers,landscape architects,andotherspecialistconsultants);constructioneconomics;contractadministration;monitoringof construction(referredtoassupervisioninsomecountries);andprojectmanagement. This definition of the practice of architecture covers the wide variety of services that architects normally furnish and for which they are specifically trained and in which they are required to demonstrate professional competency. In some jurisdictions where the education and training and competency standards are more narrowly drawn, the UIA Accord definition may need to be amended to reflect these narrower standards. No person should be permitted to engage in the practice of architecture unless registered or otherwise permitted to practice under the registration statute. No person should be permitted to use the title architect or otherwise represent to the public that he or she is an architect unless he or she is registered to practice architecture. In some instances, state statutes may exempt various categories of related design professionals from the purview of the statute to the extent that the exercise of their profession may incidentally involve them in the practice of architecture. It is important that these exemptions be carefully thought out to serve as a means for setting off other legitimate design activities from the practice of architecture. In many jurisdictions, engineering registration laws permit the engineer to design structures as well as a multitude of other projects. The architectural profession is often restricted by law to designing only buildings and ancillary facilities for human habitation. The UIA advocates that statutes regulating the profession of architecture should not unduly narrow the scope of practice and should recognize that architects, through their practices, express the roots of a societys cultural and aesthetic values through the architecture they design.

3.2 Practical Training The UIA recommends that an applicant for registration have such practical training as set out in the Accord Policy. 3.3 Examination
To be registered, the applicant should be required to pass examinations covering such subjects and graded on such basis as the registration agency shall, by regulations, decide.

3.4 Personal Interview Registration agencies may require a personal interview with a candidate for registration. 3.5 Moral Character If the state wishes to invest its registration agency with discretion to reject an applicant who is not of good moral character, the statute should specify only the aspects of the applicants background germane to the inquiry, such as:
C onviction for commission of a felony; m isstatement or misrepresentation of fact by the applicant in connection with his or her application; V iolation of any of the rules of conduct required of registrants and set forth in the statutes or regulations; P racticing architecture without being registered in violation of registration laws of the jurisdiction in which the p ractice took place.

I f the applicants background includes any of the foregoing, the registration agency should be allowed, notwithstanding, to register the applicant on the basis of suitable evidence of reform.

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4. Reciprocity Procedure
The statute should make provision for registering nonresident applicants in addition to the provisions outlined in the section 3, Qualifications for Registration, and to any provisions in the statute providing other forms of reciprocity.

4.1 Nonresident Applicant Seeking to Practice


Every nonresident applicant seeking to practice architecture in a jurisdiction should be registered, if the applicant: H olds a current and valid registration issued by a registration authority recognized by mutual recognition a greement by the jurisdiction; F iles an application with the jurisdiction, on a form prescribed by the jurisdiction, containing such information s atisfactory to the jurisdiction concerning the applicant as the jurisdiction considers pertinent.

T he person having the practice of architecture in her or his charge is herself or himself a general partner, i f a partnership; a director, if a limited liability company; or a director, if a corporation, and registered to p ractice in that jurisdiction. The statute should empower the registration agency to require, by regulations, a ny partnership, limited liability or unlimited company, or corporation practicing architecture in that state t o file information concerning its officers, directors, managers, beneficial owners, and other aspects of its b usiness organization on such forms as the agency prescribes.

5.2 Firm Name


A firm otherwise qualified to practice in a state or country should be permitted to practice in that state or country under a name that does not include the names of every director, if a corporation; every manager, if a limited liability company; or every general partner, if a partnership, registered in any state or country to practice architecture, provided the firm complies with reasonable regulations of the registration agency requiring the firm to file the names, addresses, and other pertinent information concerning the directors, managers, or general partners of the firm.

4.2 Nonresident Applicant Seeking a Commission


A nonresident applicant seeking an architectural commission in a jurisdiction in which he or she is not registered should be admitted to the jurisdiction for the purpose of offering to render architectural services and for that purpose only without having first been registered by the jurisdiction, if the applicant: H olds a current and valid registration issued by a registration authority recognized by mutual recognition a greement by the jurisdiction; N otifies the board of the jurisdiction in writing that (a) he or she holds a current valid registration issued b y a registration authority recognized by mutual recognition agreement by the jurisdiction but is not c urrently registered in the jurisdiction and will be present in the jurisdiction for the purpose of offering to r ender architectural services, (b) he or she will deliver a copy of the notice referred to in (a) to every potential c lient to whom the applicant offers to render architectural services, and (c) he or she shall apply immediately t o the board for registration if selected as the architect for a project in the jurisdiction. The applicant should be p rohibited from actually rendering architectural services until he or she has been registered.

. Engagement of an Architect During Construction of a Project


Construction administration services, including periodic site visits, shop drawing review, and reporting violations of codes or substantial deviations from the contract documents constitute an important responsibility of the architect and assure the public health, safety, and welfare. The following guidelines are intended to ensure that at least the minimum of construction services are provided by the design architect: 6 .1 An owner who proceeds to have constructed a project having as its principal purpose human occupancy o r habitation shall be deemed to be engaged herself or himself in the practice of architecture unless she or he h as employed an architect to perform at least minimum construction administration services, including p eriodic site visits, shop drawing review, and reporting to the owner and building official any violations of c odes or substantial deviations from the contract documents that the architect observed.

4.3 Design Competition


A person seeking an architectural commission by participating in an architectural design competition for a project in a jurisdiction in which he or she is not registered should be permitted to participate in the competition, if the person: H olds a current and valid registration issued by a registration authority recognized by mutual recognition a greement by the jurisdiction; N otifies the jurisdiction in writing that he or she is participating in the competition and holds a current and valid r egistration issued by a registration authority recognized by mutual r ecognition agreement by the jurisdiction; U ndertakes to apply to the jurisdiction for registration immediately on being chosen as an architect f or the project.

.2 It shall be the project design architects obligation to report to the registration jurisdiction and to the 6 uilding official if he or she is not engaged to provide construction administration services described in b aragraph 1, above. P .3 A registration jurisdiction may waive these requirements with respect to a particular project or class 6 f projects if it determines that the public is adequately protected without the necessity of an architect o erforming the services described in Paragraph 6.1. p

. Regulation of Unregistered Persons Practicing Architecture


The unregistered practice of architecture can endanger the public health, safety and welfare. The following guidelines provide a basis and means for enforcing the statute:

5. Form of Practice
If architectural services are provided by corporate entities, they should be required to be under the effective control of architects and required to conform to and maintain the same professional standards of service, work, and conduct as individual architects. A majority of member sections responding to the UIA Professional Practice Commission questionnaire indicated that their states permitted the practice of architecture in partnerships and conventional corporate forms. The restrictions placed on corporate practice and the newer limitedliability company are often onerous. The great variety of these restrictions suggest that a guideline is needed to seek a reasonable, international provision respecting firm practice while assuring the public of the integrity of architectural services performed.

7 .1 Although violation of the architectural registration statute by unregistered persons should be a crime, t he registration agency should also be authorized, after a hearing, to impose civil fines of up to a stated a mount and to issue orders to cease against unregistered persons and persons aiding and abetting u nregistered persons. The registration agency as well as the governments attorney general and other l ocal law enforcement authorities, should be authorized to seek injunctions against practice by unregistered p ersons and the aiding or abetting of such practice, and judicial enforcement of civil fines imposed by the r egistration agency. 7 .2 All plans, specifications, and other technical submissions prepared in the course of practicing architecture ( as defined in Guideline 1) required to be filed with the state of local building or public safety officials should b e sealed by an architect. If state law provides certain exceptions to the general requirement that technical s ubmissions be sealed, then the person filing the technical submissions should specify on them the state law e xempting the preparation of those technical submissions. Any permit issued on the basis of technical s ubmissions not complying with these requirements shall be invalid.

5.1 Practice Structure


The UIA guidelines recommend that statutes provide that a partnership (including a registered limited liability partnership), a limited liability company, or a corporation should be admitted to practice architecture in a jurisdiction if: t least two-thirds of the general partners, if a partnership; or two-thirds of the directors, if a limited liability A ompany or a corporation, are registered under the laws of any state or country to practice architecture; c

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Recommended Guidelines for the Policy on Qualification Based Selection

Foreword
The UIA Policy on the procurement of architectural services states: To ensure the ecologically sustainable development of the built environment and to protect the social, cultural and economic value of society, governments should apply procurement procedures for the appointment of architects that are directed to the selection of the most suitable architect for projects. This is best achieved by one of the following methods: rchitectural design competitions conducted in accordance with the principles defined by the UNESCo- A IA international competitions guidelines and approved by national authorities and/or architectural U rofessional associations; p qualification based selection (QBS) procedure as set out in the UIA guidelines; A irect negotiation based on a complete brief defining the scope of architectural services. D

Guidelines for architectural competitions are available from the UIA directly or from UIA member sections. This is the Guideline document that provides clients with a tried and tested method of selecting an architect for those projects on which an architectural competition is not to be held. This method enables the selection of the best available architect, at the right price. Architects are selected by many methods that range from international competitions to chance meetings at social functions. This Guide provides a tried and tested method that will enable a client to appoint an architect confident in the knowledge that they have selected the best available consultant at the right price. Qualification Based Selection (QBS) was developed originally in the United States of America following federal government legislation (known as the Brooks Bill) requiring that architects and engineers be selected on the basis of qualification and capability rather than price.

The importance of good design


All clients, whether individuals, municipalities, private companies or institutions, and the architects with whom they contract seek the same resultsatisfaction in a job well done. Following an organised process for selecting and procuring professional architectural services can help both parties achieve satisfaction. Qualification Based Selection (QBS) is a process that enables the client to obtain the services of a highly qualified architect at a fair and reasonable cost, an investment in quality which is aimed at achieving substantial savings over the life cycle of the project. The purpose of this Guide is to provide guidance on selecting architects and establishing the framework for a successful project. This Guide presents suggested procedures for conducting a qualification based selection process, defining a scope of services which adequately addresses the needs of a specific project, negotiating fair fees commensurate with services (in circumstances where fees are not set by a mandatory system) and preparing a legal agreement. Whatever the clients experience is in selecting architects and procuring professional services, these procedures can help clarify and smooth the selection and negotiation process. Clients who follow these procedures gain confidence that they are procuring services which represent the greatest value to their project. Architects who study this Guide can better organise and prepare to participate in the selection process. A well conducted selection and negotiation process sets the tone for an efficiently managed projectwith scope and responsibilities clearly defined, both client and architect can join in a common goal towards successful project completion.

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Selection of an architect
In appointing an architect, a client should be guided by one primary considerationthe qualifications of the firm for the specific project to be undertaken. In short, selecting an architect should be by the same criteria that apply to choosing a physician or other reputable professionalmost importantly skill, reputation, rapport, past performance, technical competence and commitment to the clients interests. The selection of the architect will have a major bearing on the quality of the resultant project. A quality project can be defined as one that meets or exceeds the needs and expectations of the client.

Step 1 Selection
Introduction
The objective in Step 1 is to create a short list of three to five firms or individuals most qualified to perform the work, based on a preliminary scope of work and project specific evaluation criteria and then, to determine the firm most qualified under the specific proposed project circumstances with which negotiations will then be conducted to establish a contractual arrangement. This step enables the client to communicate to the architect what is expected from them and what is to be accomplished. It also enables the architect to respond accordingly, with focused Statements of Qualifications. These qualifications are evaluated and ranked by the clients selection committee, with the goal of selecting the firm or individual most qualified for the project.

Why use qualification based selection?


Every problem or project is unique, with its own technical challenges. At the outset of most projects, it is sometimes difficult for the client to fully grasp the complexities of the project or the variety of professional services that may be required to develop a solution. The qualified architect fills these needs for the client. The architect serves as the agent of the client, representing the clients interest in day-to-day dealings with contractors, suppliers, equipment manufacturers and others providing goods and services for the project. For this reason it is vital that the client and the architect share a relationship characterised by trust, respect and effective communication. QBS fosters this type of relationship by bringing the client and the architect together as a team, a key ingredient to quality, enabling them to define the project in detail and agree upon the services that will be required to make the project a reality. Qualification Based Selection is a three step process that can easily be adapted to any project, large or small. It is a process that gives the client a partner with whom to define the project in detail and then agree on all the professional services that will be required for the completion of the project.

Identifying the General Scope of Work


To begin the selection process, the client must briefly identify the general scope and the particular needs of the project. Just as the client needs information about the qualifications and competence of the architect, so too the architect needs to know the project requirements. A properly defined and communicated scope of work saves time, money and effort for both the client and the architect. The firm has information upon which to base a decision to pursue the project and is able to tailor their statement of qualifications directly to the project requirements, providing the client with a more uniform basis for evaluating the responses. Items normally included in a general statement of the scope of work for a public project are: 1 2 3 4 5 6 7 8 9 10 11 C lients name and contact person (clearly identified as the only person to contact for information on the project), m ailing address, telephone and fax number, as appropriate. P roject name (identification) and location. P roject outline, including intended size, function, capacity and other general anticipated requirements ( i.e. renovation, modernisation, demolition, additions, new construction, energy, land use and site selection c onsiderations). D escriptions of completed studies, surveys and/or preliminary feasibility work relevant to the project and a vailable to the firms which will be responding. A nticipated project target dates, including completion of design work, beginning of construction and planned p roject completion date. R equirements for further feasibility studies or program planning prior to design and construction, if appropriate. D escription of any other projects in process or planned for the same site or time frame, which may affect the s cope of work. D escription of architect selection process. A dditional or unique requirements/considerations. A nticipated time line for project completion. P roject budget.

The qualification based selection process


The client should involve the services of the architect as early as possible in planning the project. The architect can take the clients available information and ideas to create workable plans with options which allow the client to make sound decisions on what should be implemented. The sooner the architect is selected, the sooner they become a vital member of the project team. With adequate and proper planning, another key ingredient to quality early in the project, expensive mistakes and duplication of efforts can be minimised. one of the most beneficial aspects of QBS is the joint development of the Scope of Services during the negotiation process. Clients should consider the QBS process as an educational experience. They can learn from the firms submitting information, and especially from those being interviewed. Clients are not committed to any financial obligations until a selection is made and an agreement is entered into, but they should be prepared to pay for any preliminary studies, designs or sketches that they ask the architect to provide. The QBS process usually includes all or part of the following three steps: Step 1 Selection (a) he client identifies their objectives, critical issues and program. T (b) he selection time frame and project brief are established. T (c) roposals setting out qualifications and capability are invited. P (d) roposals are evaluated and a short list determined. P (e) tour of the site and/or facility may be arranged for the short listed firms. A (f) nterviews are conducted and the short listed firms ranked in order of preference. I Step 2 Definition (a) he top ranked firm is invited to participate in further discussion to develop a fuller understanding of the T roject requirements. p (b) he scope of service required for the project is agreed and fees negotiated. T (c) f agreement cannot be reached with the top ranked firm, negotiations are broken off and commenced with I he second ranked firm and so on until agreement is reached. t Step 3 Appointment (a) n agreement covering the above negotiated arrangement is executed. A (b) ll firms involved are advised of the outcome of the selection process. A (c) report is prepared setting out the reasons for the final selection. A

As appropriate, other items may be added to provide general guidance to the interested firms and meet the needs of the client. All services the client wishes the architect to provide, including feasibility studies, program development, design, construction coordination and budget development, should be generally outlined.

Setting the Selection Time Frame


To keep the process of selecting an architect advancing smoothly, clients should establish a time frame for completion of the selection process. Establishing the time frame communicates requirements with the firms and prevents misunderstandings and last minute surprises which might delay the process. The time frame for each project will differ, depending upon the nature of the project, the concerns of the client and other factors. The suggested time frame for an average QBS project requires a total of six to ten weeks to allow proper planning and administration at each step of the selection process. Depending upon the status of the clients project, adjustments can be made to accommodate the clients needs.

Requesting Statements of Qualifications


After the client has prepared a general scope of work, the next event in the QBS process is to invite qualified firms to submit professional resumes, or statements of qualifications. At this point, the client must decide whether the invitation will be made to all interested firms, or whether this information will be solicited from a more select group of firms. many government agencies are required to advertise their intent to contract for design services and to permit all interested firms to submit a statement of qualifications. other agencies maintain files on architects and offer their projects only to these firms.

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Content of the Request for Statements of Qualifications


Whether the invitation to submit statements of qualifications takes the form of a public advertisement or a letter or memorandum sent to a limited number of firms, it should include the following: he general scope of work for the project. T he clients name and the name, address and telephone number of the project contact person. T list of information each firm should include in its statement of qualifications, such as the names of firm A wners, number of years in business, the types of services offered, approach to quality, background on key o echnical personnel, similar projects designed by the firm, projects underway etc. t umber of copies required. N elative weight to be given to evaluation factors. (This may be done by including a copy of QBS1 form to be R sed in the selection process.) u policy that statements of qualifications received after a set deadline will not be considered. A roject budget. P election criteria. S

The client may also decide to interview representatives of each short-listed firm. Technical proposals may not be needed if interviews are held. These interviews give the client the opportunity to compare the firms creative approaches to the design process, as well as their interpretation and understanding of the project. Almost as important, interviews give the client an important insight into each firms management style and communications abilities. For this reason, the client should require that all short-listed firms send principals, as well as the key architects and other professionals who will be responsible for the work, to these interviews.

Interview Room Set-Up


The physical set-up for the interview should be comfortable, with good acoustics and ample room. A separate waiting area should be provided for other firms to be interviewed. Equipment such as white boards, flips charts and audiovisual screens probably will be useful if available, although most firms will bring the equipment they need. Since equipment set-up time may cause some delays, two rooms should be used, if possible. While one firm is being interviewed in the first room, another firm can set up in the second room. This ensures that important interview time is not spent checking equipment. Interviews are usually held in closed sessions unless applicable statutes or regulations require an open public meeting. In such cases, the firms should be notified of this in advanced.

Evaluating the Statements to Develop a Short List


The ultimate goal of this evaluation is to narrow the field of qualified firms to a short list of three to five firms. Each firm should be evaluated on the basis of expertise of its key professional staff, experience on projects of similar complexity its physical equipment and facilities, references and other factors of importance to the client. This evaluation can be conducted by one individual or a committee appointed by the client. Government agencies often have specific rules or policies regarding the make-up of architect selection committees. It is up to the client to ensure that the selection committee is composed of competent individuals able to make an intelligent selection decision based on factual information, and that the members of the selection committee evaluate each statement of qualifications. The selection committee should document the proceedings and decisions in the event questions arise about any decisions made. A sample tally sheet such as is normally used in the evaluation of the statements of qualifications is provided in the appendix (Form QBS1). Frequently, a client will attach more importance to certain qualifications than others (for instance, experience on similar projects might be most important). This form can be tailored to meet those concerns simply by assigning a higher arithmetic weight to those factors that are of greatest concern to the client. Before meeting to perform the evaluations, the client should check the references of each firm under consideration. This check should not be limited to the references supplied by the firms. The client should ask the listed referees for other sources of information about the architects capabilities. Some of the matters that might be checked with referees are listed in form QBS5 in the appendix. Based upon the evaluation of the statements of qualifications and reference checks, lesser-qualified firms can be disqualified, leaving a short-list of three to five firms for further consideration. For smaller projects, it is recommended that three firms be short listed. For a very large project, sometimes a short list of four or five is desired. All firms that submit a statement of qualifications make a significant commitment of time and expense when they do so. As a courtesy, the client should notify the firms not selected for further consideration, as well as those who are short listed.

Some Interviewing Guidelines


The following are suggested guidelines for setting up and conducting the interviews: nterview only those firms short-listed to ensure that all interviewed firms have had equal opportunity to I repare presentations. p dequate time should be scheduled for each presentation, usually 45 minutes. A 45 minute interview is A air, reasonable and informative for most project selections, with more time being allowed for unusual or f omplex projects. For example, five minutes for introductions and preliminary remarks by the interview chair; c 0 minutes for the presentation of the qualifications; 15 minutes for questions and answers; and five minutes 2 or a closing summary by the consultant. Schedule adequate time between interviews for the committee to f iscuss the presentation privately before beginning the next interview. d chedule all interviews on the same day, if possible. This permits the committee to compare all of the S nterviewed firms while information is fresh in their minds, and ensures consistent interview scoring. Using i 5 minute interviews, a client can easily schedule the three to five short-listed firms in one day, including 4 ommittee rating, discussion and decision time. overnight delays tend to influence judgements. c he evaluation criteria for the interview scoring system should be sent to all firms as an attachment to the T emo requesting qualifications. m hile it is appropriate to question firms about their approach to the design of a project, clients should not W sk for an actual design solution during the interview. Appropriate and responsive designs require considerably a ore interaction between client and architect than is possible during the selection phase. Preconceived m esign solutions brought to the table by either the architect or client rarely address the true needs of the d lients program. Considerable time and effort, however, may be expended trying to salvage preconceived c deas to make them fit the program. This actually impedes progress and prevents the exploration of more i esponsive solutions to identified design issues. r lients may want to ask firms how they plan to develop an appropriate level of fees for their professional C ervices. However, fees are best negotiated in detailed discussions with the firm finally selected, and only s fter there is a comprehensive and mutual understanding of the actual scope of services. Good, open a ommunication is essential to avoid misunderstandings at a later date and to ensure that the firm has included c n its scope of services the clients expectations for the project as well as all detailed requirements. i eam building should begin in the interview process. The ability of the interviewed firms personnel to interact T ith the client is an important factor in determining future success of the proposed project. w et all firms know when the decision will be made and when they will receive communication regarding L heir status. It is recommended that, if possible, the committees decision be made on the same date as the t nterviews, after the committee has had ample time to evaluate all firms. i

Tours of the Project Site


Providing the short-listed firms with a tour of the project site can be one of the most important parts of the selection process. A tour of the project site gives these firms the opportunity to obtain first-hand information about the proposed project and the clients specific needs. In some cases, a tour may not be necessary; such determinations should be made on a case-by-case basis.

Evaluating and Ranking the Short-Listed Firms


Each short-listed firm could then be asked to produce a technical proposal which describes in detail the firms technical approach to the project; its plan for managing and performing the required work; the personnel to be assigned to the project; the proposed work schedule; the firms current workload; the office in which the work will be performed; and other project-specific information. This technical proposal can be used as a forerunner to the interviews, in conjunction with, or as a substitute for them. Technical proposals should be required only when the project is well defined, and if the significance of the project justifies the expense and time to the short-listed firms and the client. The process of utilising technical proposals will add several weeks, and commensurate cost, to the preparation time for the short-listed firms. The client also will require technically-experienced staff, as well as additional time to adequately review the technical proposals.

Ranking of Short-Listed Firms


The evaluation form, which includes a weight and a score for each criteria/question, is a useful instrument for evaluating, ranking and ultimately selecting a compatible and qualified firm. A sample copy of an evaluation form is included in the appendix of this Guide (Form QBS1). All firms should be evaluated separately by each member of the selection committee. The chairperson of the selection committee will compile the individual score sheets when all the short-listed firms

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have been evaluated (Form QBS2). This system provides a documented record of the selection process as support for the committees actions, which is important. The selection committee should take time to achieve the ranking and selection by consensus rather than just by majority vote. one reviewer, however, should not be permitted to unduly influence the outcome of the selection process. After the ranking of firms is completed, a memo should be prepared and mailed to all firms who participated in the interview process. The memo should list in alphabetical order all short-listed firms and the order in which the committee ranked them. It is customary for clients to provide this information as a courtesy to the firms.

After the most qualified firm has been selected and a detailed scope of services has been agreed upon, an acceptable fee should be negotiated. To assist in this process, set out below are several different methods that architects use for charging fees.

Percentage Fees
This is a very common method of charging fees. The architect charges a percentage of the cost of the building (usually the cost on completion). The advantage of a percentage fee basis is that a fee agreement can be reached at the earliest possible time, even before the value or extent of the building work is known. It is normal for the fee to change with the cost of the work so if, for example, the client increases the size of the job, the architects fee will increase proportionately. Similarly, if the final cost of the building is less than the estimate, the architects fee would be reduced. It should be noted, however, that if the architect has completed design work to the clients instructions and they then reduce the size of the project, the client may be charged additional fees for redesign work.

Step 2 Definition
Introduction
The top ranked firm from Step 1 is then invited to participate in Step 2 of the process (use Forms QBS3 and QBS4). The objective of Step 2 is to understand the clients needs and expectations and to jointly define the scope of the project, the services required and the contract form. During this phase, the client will be able to explain the needs and objectives of the project more fully. The architect will be able to respond and make suggestions, based on experience and gain a better understanding of the clients needs and expectations. Additionally, this phase gives access to the advice and expertise of the top-ranked firm in developing the most appropriate scope of the proposed work. This phase also provides the next chance to evaluate if the top-ranked firm will make a good team member. If the client is unable to reach agreement with this firm as to the scope of the project, they may move back to the beginning of Step 2 with the next highest ranked firm on the list.

Lump Sum Fees


This is also a common method of setting fees. The architect agrees on a fixed sum of money for an agreed scope of work. Normally the fee will not change if the cost of the building changes. This has the advantage that the client always knows exactly how much the architects fee will be. However, it is not always easy to calculate a fixed lump sum fee at the outset of a project, especially if the client is unsure of his or her requirements and so sometimes architects will quote a percentage fee which will later be converted to fixed lump sum when the scope of work is actually known.

Developing the Scope of Services and Agreement


From this point on, the client and the highest ranked firm can begin working together as a team. They begin by sitting down together to discuss the project in detail and to gain a better understanding of one another. The client expresses the goals for the project and the architect obtains as much specific information as possible about those goals. This exchange, which can take several days on a major project, leads to the development of the detailed scope of services, which is the foundation of an agreement between the two parties. When the detailed scope of services is agreed upon, the architect is in a position to develop and submit a detailed fee proposal to the client. If the proposed fee is more than the client has budgeted, the two work together to modify the scope of services, so that the client is fully aware of limitations or problems that might result. Such a working relationship greatly enhances the odds for a quality project. If an agreement on the scope of services and fees cannot be reached, discussions with the first-ranked firm should be terminated, and the client should initiate talks with the second-ranked firm. However, it is not normally difficult to reach an agreement, since by its very nature, the QBS process fosters excellent communication and understanding between the client and architect, another key ingredient to quality. This approach ensures that the client has the peace of mind of knowing that the most suitable architect has been selected at the right price.

Time Charge Fees


This is not a common method of charging for architects services, particularly for design work on a specific building. Nevertheless, should this method be used, the architect will charge for his/her work on an agreed hourly/daily/ weekly rate. It is useful when a client wishes to seek advice on a project. In these instances, lump sum fees are also common. The disadvantage of time based fees is that there is no certainty at the outset of how much the fees will amount to, although this disadvantage can partially be overcome by setting an upper limit which cannot be exceeded without approval.

How Much Does an Architect Charge?


The cost of an architects services depends on a number of factors, some of which relate to the architects experience, reputation or method or operation. Time charges, for example, will vary considerably. Clearly the rate for a recent graduate will be considerably less than that of a very experienced practitioner. Likewise, a well known architect will most probably be able to command higher fees than an unknown architect. An architect who operates a small practice from home will obviously have lower overheads than a large city practice and may therefore be able to charge less. Hourly rates normally include all normal office overheads such as office rental, secretarial staff, printing, telephone calls, etc. As indicated above, each architectural practice sets its own fees and charges so, depending on the nature of the project and the service, hourly charges will vary. Percentage charges may also vary according to the type and complexity of a job. For example, it is clearly much easier to design a garage than an entire house and it is similarly easier to design a new building on a virgin site than it is to alter and extend an existing dwelling. The more complex the job, the more time the architect will have to spend and therefore the more fees will have to be charged. Percentage charges for full architectural services on small and/or complex projects could be in the order of 15% of the cost of the works and would progressively reduce for large and less complex projects.

Step 3 Appointment
Introduction
In circumstances where fees are not determined by law or some other mandatory system, Step 3 is one of the major benefits of the QBS process, for it is here that the client is able to appoint the architect on the basis of an acceptable fee. Given the important nature of the services and growth of litigation, the client and the architect should enter into a written agreement. The parties may wish to use the standard forms of agreement that have been developed by the local or national professional association of architects.

Are There Any Other Costs Involved?


Usually the architect will seek reimbursement for items outside normal architectural services, such as: pecialist sub-consultants (e.g. structural engineers, cost consultants, landscape architects); s ravelling expenses where the site is more than 30 km from the architects office; t odels or perspectives; and m ees for authorities application, etc. f

Architects Fees
The selected architect is both a professional and a business person in providing design services. An architect not only provides highly technical services and acts as the clients agent, but must also recover all costs and earn a fair profit to remain in business. The common law of business balance prohibits paying a little and receiving a lot. The purpose of this section is to explain how the architect charges, so clients will be fully informed when they enter into negotiations to establish a fair and reasonable price for professional services.

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Form QBS1 Qualifications evaluation form


To the following model, the client should add or delete questions as appropriate for the clients specific situation. It is suggested that the weights and values assigned be on the same scale as those used for interviewing short-listed firms, which the client will do later. Highest number = most value Rating column = 15 points Weight column = 110 points Form QBS2, on the following page, is provided for the person in charge of the selection committee to summarise the results of the process, narrow the number of firms that submitted qualifications down to the number desired for a short list (firms to be interviewed).

Form QBS2 Qualifications evaluation summary form


To be used by the selection committee chairman to compile the evaluation results of all statements of qualifications. Note: Enter the grand total for each firms qualifications (from the respective evaluation sheets for comparative purposes) to select three to five most qualified firms to be interviewed. Firms Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4 1 2 3 4 5 6 7 8 9 10

Qualifications evaluation
Client ______________________________________________________________________________________ Contact Person ______________________________________________________________________________ P roject Description __________________________________________________________________________ Architect _______________________________________________ Evaluation ID No ______________________ Address ___________________________________________________________________________________ Suburb _____________________________________________ State _________ Postcode _________________ Telephone ( ____ )___________________________ Facsimile ( ____ ) ____________________________________ 1 2 3 4 5 6 7 8 9 Firms history and resource capability to perform required services Evaluation of assigned personnel Related experience (as appropriate): a. Design services b. Technical documentation c. Contract administration d. Studies e. other Project methodology Approach to quality management Familiarity with local area geography and facilities Ability to relate to project requirements Analysis of subjective statements (one page) applicable to the project as required on the request for qualifications Reference check (evaluation transfer from reference check form) Rating (15) Weight (110) x = x = x = x = x = x = x = x = x = x = x = x = x =

Reviewer 5 Reviewer ___ Reviewer ___ Grand Totals

Total

List the top-ranked firms as the short-listed firms to be interviewed.

G RAND ToTAL______________

Reviewer Name _________________________________________________________ Reviewer Number _______________________________________________________

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Form QBS3 The interview: issues and score sheets


Client ________________________________________ Project _____________________________________ Firms invited to an interview for the above project should be prepared to speak to the following issues during the course of their interview. Questions can be expanded as appropriate. The interviewer should determine the number of possible points to be awarded in each category. 1 1 2 3 Categories Grasp of Project Requirements (Client may evaluate firms analysis, preparation and level of interest.) Design Approach/methodology (Client may evaluate firm or individuals creativity and problem solving ability.) K ey Personnel and Roles (Client may evaluate personal qualifications and professional skills of key individuals.) Pertinent Experience, Firm (Client may evaluate related projects presented as previous work of the firm.) Pertinent Experience, Individual (Client may evaluate related projects presented as previous work of the key personnel.) Consultant/In-House Resources (Client may evaluate firms abilities and importance of consultant or in-house support services.) Technical Project management (Client may evaluate firms abilities related to technical functions such as project cost controls, construction observation, time scheduled, etc.) Responsiveness to Clients Concerns (Client may evaluate firms ability to form successful working relationships and communications with the client.) Approach to Quality (Client may evaluate firms methods of developing a quality project.) method of Charging (Client may evaluate firms method of determining fees. Compensation statements or fee bids are NoT required.) other Relevant Issues (Client may evaluate importance of other relevant issues presented by the firm.) Reference Check Possible Points Points Awarded

Form QBS4 Group interview evaluation form


For use by person in charge of the interviews to compile all scores of architectural firms participating in the interview process. Note: Enter the grand total for each firm as recorded by each interviewer on the interview score sheet. Combined Group Totals Firm A Interviewer 1 Interviewer 2 Interviewer 3 Interviewer 4 Interviewer 5 Firm B Firm C Firm D Firm E

4 5

Interviewer _______ Interviewer _______ Grand Totals

Divide by number of interviewers Average Score

9 10

11 12

Interviewer _________________________________ Firm ___________________________


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Form QBS5 Possible questions for referees for whom the architect has completed projects
ow many projects have you done with this architect? H as the design of the finished job what you expected? If not, was it better or worse? W id your architect listen to what you said? D ow important was your budget? Was it more important than: H finishing on time? the quality of the job? id the job come in on budget? If it exceeded the budget do you believe that the architect bore any D esponsibility? r id the architect perform on time? If not, in what respect did the architect fail? D If the architect administered the building contract: id the builder perform on time? If not, could the architect have done any more to obtain timely performance? D as the quality of the builders work acceptable? If not, could the architect have done any more to obtain W ood quality work? g id the architect have a good businesslike relationship with you? D id the architect have a good businesslike relationship with other members of the project team and with D uthorities controlling the building? a id you feel you could trust the architects: D onesty? h udgement? j f not, why? I

Recommended Guidelines for the Policy on Ethics and Conduct

Accord Policy on Ethics and Conduct


TheexistingUIAInternationalCodeofEthicsonConsultingServicesremainsinforce.MemberSectionsoftheUIA areencouragedtointroduceintotheirowncodesofethicsandconducttherecommendedAccordGuidelinesanda requirementthattheirmembersabidebythecodesofethicsandconductinforceinthecountriesandjurisdictions inwhichtheyprovideprofessionalservices,solongastheyarenotprohibitedbyinternationallaworthelawsofthe architectsowncountry.

Introduction
At the meeting of the commission in Washington in December, 1998, there was broad agreement that the amended code evolving from the Barcelona meeting should be put to the Assembly in Beijing for adoption as the Accord Guidelines for Ethics and Conduct for subsequent adoption by member sections within their own codes. The drafting panel, drawing on principles and policies articulated in the accord and the codes of ethics and conduct from member sections around the world, recommend to the council and assembly the following:

Preamble
members of the architectural profession are dedicated to the highest standards of professionalism, integrity, and competence, and to the highest possible quality of their output, and thereby bring to society special and unique knowledge, skills, and aptitudes essential to the development of the built environment of their societies and cultures. The following are principles for the conduct of architects in fulfilling those obligations when undertaking a consulting service. They apply to all professional activities, wherever they occur. They address responsibilities to the public, which the profession serves and enriches; to the clients and users of architecture and the building industries, who help to shape the built environment; and to the art and science of architecture, that continuum of knowledge and creation which is the heritage and legacy of the profession and of society.

Principle 1. General Obligations


Architects possess a systematic body of knowledge and theory of the arts, science, and business of architecture developed through education, training, and experience. The process of architectural education, training, and examination is structured to assure the public that, when an architect is appointed to perform professional services, that architect has met acceptable standards enabling proper performance of those services. Architects have a general obligation to maintain and advance their knowledge of the art and science of architecture, respect the body of architectural. Accomplishment and contribute to its growth, and give precedence to learned and uncompromised professional judgement over any other motive in the pursuit of the art, science, and business of architecture. 1.1 Standard: Architects shall strive to continually improve their professional knowledge and skill in areas r elevant to their practices. 1.2 Standard: Architects shall continually seek to raise the standards of aesthetic excellence, architectural e ducation, research, training, and practice. 1.3 Standard: Architects shall, as appropriate, promote the allied arts and contribute to the k nowledge and capability of the building industries.

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1.4 Standard: Architects shall ensure that their practices have appropriate and effective internal procedures, ncluding monitoring and review procedures, and sufficient qualified and supervised staff such as to enable them i o function efficiently. t 1.5 Standard: Where work is carried out on behalf of an architect by an employee or by anyone else acting nder an architects direct control, the architect is responsible for ensuring that that person is competent to u erform the task and, if necessary, is adequately supervised. p

3. Standard: Architects shall not undertake professional work unless the parties have clearly agreed in w riting to the terms of the appointment, notably: Scope of work; Allocation of responsibilities; Any limitation of responsibilities; Fee or method of calculating it; Any provision for termination. 3. Standard: Architects shall be remunerated solely by the fees and benefits specified in the written a greement of engagement or employment. 3. Standard: Architects shall not offer any inducements to procure an appointment. 3. Standard: Architects shall observe the confidentiality of their clients affairs and should not disclose c onfidential information without the prior consent of the client or other lawful authority; for example, when d isclosure is required by order of a court of law. 3.10 Standard: Architects shall disclose to clients, owners, or contractors significant circumstances known t o them that could be construed as creating a conflict of interest, and should ensure that such conflict does n ot compromise the legitimate interests of such persons or interfere with the architects duty to render impartial j udgement of contract performance by others.

Principle 2. Obligations to the Public


Architects have obligations to the public to embrace the spirit and letter of the laws governing their professional affairs, and should thoughtfully consider the social and environmental impact of their professional activities. 2.1 Standard: Architects shall respect and help conserve the systems of values and the natural and cultural eritage of the community in which they are creating architecture. They shall strive to improve the environment h nd the quality of the life and habitat within it in a sustainable manner, being fully mindful of the effect of their a ork on the widest interests of all those who may reasonably be expected to use or enjoy the product of w heir work. t 2.2 Standard: Architects shall neither communicate nor promote themselves or their professional services in alse, misleading or deceptive manners. f 2.3 Standard: An architectural firm shall not represent itself in a misleading fashion. 2.4 Standard: Architects shall uphold the law in the conduct of their professional activities. 2.5 Standard: Architects shall abide by the codes of ethics and conduct and laws in force in the countries and urisdictions in which they provide or intend to provide professional services. j 2. Standard: Architects shall as appropriate involve themselves in civic activities, as citizens and rofessionals, and promote public awareness of architectural issues. p

Principle 4. Obligations to the Profession


Architects have an obligation to uphold the integrity and dignity of the profession, and shall in every circumstance conduct themselves in a manner that respects the legitimate rights and interests of others. Architects shall pursue their professional activities with honesty and fairness. 4.2 Standard: An architect shall not take as a partner and shall not act as a co-director with an unsuitable p erson, such as a person whose name has been removed from any register of architects otherwise than at h is own request or a person disqualified from membership of a recognised body of architects. 4.3 Standard: Architects shall strive, through their actions, to promote the dignity and integrity of the p rofession, and to ensure that their representatives and employees conform their conduct to this standard, so t hat no action or conduct is likely to undermines the confidence of those for and with whom they work and so t hat members of the public dealing with architects are protected against misrepresentation, fraud, and deceit. 4.4 Standard: Architects shall, to the best of their ability, strive to contribute to the development of a rchitectural knowledge, culture, and education.

Principle 3. Obligations to the Client


Architects have obligations to their clients to carry out their professional work faithfully, conscientiously, competently, and in a professional manner, and should exercise unprejudiced and unbiased judgement with due regard to the relevant technical and professional standards when performing all professional services. Learned and professional judgement should take precedence over any other motive in the pursuit of the art, science, and business of architecture. 3.1 Standard: Architects shall only undertake professional work where they can ensure that they possess dequate knowledge and abilities and where adequate financial and technical resources will be provided in a rder to fulfil their commitments in every respect to their clients, for any one commission. o 3.2 Standard: Architects shall perform their professional work with due skill care and diligence. 3.3 Standard: Architects shall carry out their professional work without undue delay and, so far as it is within heir powers, within an agreed reasonable time limit. t 3.4 Standard: Architects shall keep their client informed of the progress of work undertaken on the clients ehalf and of any issues that may affect its quality or cost. b 3.5 Standard: Architects shall accept responsibility for the independent advice provided by them to their lients, and undertake to perform professional services only when they, together with those whom they may c ngage as consultants, are qualified by education, training, or experience in the specific areas involved. e

Principle 5. Obligations to Colleagues


Architects should respect their rights and acknowledge the professional aspirations and contributions of their colleagues and the contribution made to their works by others. 5.1 Standard: Architects shall not discriminate on grounds of race, religion, disability, marital status, or gender. 5.2 Standard: Architects shall not appropriate the intellectual property of nor unduly take advantage of the i deas of another architect without express authority from the originating architect. 5.3 Standard: Architects shall not, when offering services as independent consultants, quote a fee without r eceiving an invitation to do so. The must have sufficient information on the nature and the scope of the project t o enable a fee proposal to be prepared that clearly indicates the service covered by the fee in order to protect t he client and society from unscrupulous under-resourcing by an architect.

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5.4 Standard: Architects shall not, when offering services as independent consultants, revise a fee quotation o take account of the fee quoted by another architect for the same service in order to protect the client and t ociety from unscrupulous under-resourcing by an architect. s 5.5 Standard: The architect shall not attempt to supplant another architect from an appointment. 5. Standard: Architects shall not enter any architectural competitions that the UIA or their member sections ave declared to be unacceptable. h 5. Standard: Architects shall not when appointed as competition assessors subsequently act in any other apacity for the work. c 5. Standard: Architects shall not maliciously or unfairly criticise or attempt to discredit another architectswork. 5. Standard: The architect shall, on being approached to undertake a project or other professional work upon hich he/she knows or can ascertain by reasonable inquiry that another architect has a current appointment with w he same client for the same project or professional work, notify the other architect. t 5.10 Standard: Architects shall, when appointed to give an opinion on the work of another architect, notify the ther architect, unless it can be shown to be prejudicial to prospective or actual litigation to do so. o 5.11 Standard: Architects shall provide their associates and employees with a suitable working environment, ompensate them fairly, and facilitate their professional development. c 5.12 Standard: Architects shall ensure that their personal and professional finances are managed legally nd rudently. a p 5.13 Standard: Architects shall build their professional reputation on the merits of their own service and erformance and should recognise and give credit to others for professional work performed. p

Recommended Guidelines for the Policy on Continuing Professional Development

Accord Policy on Continuing Professional Development


TheUIAencouragesitsmembersectionstoadvocatecontinuingprofessionaldevelopmentasadutyofmembership inthepublicinterest.Architectsmustbesuretheyarecapableofprovidingtheservicestheyoffer,andcodesof conductmustobligearchitectstomaintainaknownstandardinavarietyofareasdescribedundertheFundamental RequirementsofanArchitectandinfuturevariationsthereof.Inthemeantime,theUIAmustmonitorthe developmentincontinuingprofessionaldevelopmentforregistrationrenewal,recommendguidelinesamongall nationstofacilitatereciprocity,andcontinuetodeveloppolicyonthissubject.

Recommended Guidelines for the Accord Policy on Continuing Professional Development


Continuing professional development does not refer to formal education leading to a more advanced degree, but to a life-long learning process that maintains, enhances, or increases the knowledge and skills of architects to ensure their knowledge and ability relevant to the needs of society. The policy of the UIA encourages its member sections to advocate continuing professional development as the responsibility of each individual architect. Continuing professional development for architects is also in the public interest. The UIA continuing professional development guidelines are intended to provide UIA member sections with a set of standards by which they can judge their existing professional development policies. This will ensure compatibility of polices and will provide for reciprocity and portability of professional development credits across member sections in the future. one of the initial goals of the UIA continuing professional development guidelines will be to provide a framework for interrecognition of continuing professional development credits among the UIA member sections. Key elements of a UIA member section continuing professional development system should include: Recommended procedures for identifying, screening, and evaluating continuing professional development services and courses; Recommended program criteria covering both self-study programs and registered continuing professional development providers programs; Recommended criteria for incorporating research and needs assessments into the design and delivery of continuing professional development programs; Recommended procedures to assure that emphasis of the learning is placed on the learner and knowledge gained, including incentives for learning activities that increase interaction between the participant and the provider, e.g., interactive programs may give more credit for the same amount of time spent than that given for noninteractive programs; Recommended program quality levels and standards as a tool to assess the actual learning that occurs during a program and as an incentive to providers and participants to increase interaction that takes place and to involve the participants in the learning; participants should earn credits based on the educational quality of a program as well as the length of the program (seat time); Recommended procedures by which providers will give feedback to users and collect course evaluations to monitor the effectiveness of the activity A recommended record-keeping system that is timely and accurate for both providers and users that provides proven portability of continuing professional development credits and reporting to permit worldwide program availability to architects by registered providers and a credible basis for meeting the demands of registration agencies and professional societies that require continuing professional development credits for maintaining registration or membership; Recommendations for requirements of number of learning units to be earned each calendar year; Recommendations for minimum requirements of continuing professional development credits in subjects related to the protection of public health, safety, and welfare. The UIA continuing professional development system should set high-quality educational standards for participating UIA member sections with a large number of registered providers contributing their knowledge, skills, and research to a successful endeavor.

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Recommended Guideline for the Accord Policy on the Scope of Practice

Accord policy on scope of practice


ThattheUIAencourageandpromotethecontinuingextensionoftheboundariesofarchitecturalpractice,limitedonly bytheprovisionsofcodesofethicsandconduct,andstrivetoensurethecorrespondingextensionoftheknowledge andskillsnecessarytodealwithanyextensionofboundaries.

Recommended guideline for the accord policy on scope of practice


Introduction
In most jurisdictions, architects already offer architectural services based on a core scope of practic e that has evolved over the years. Documentation on the core scope of practice varies quite widely among many jurisdictions some are quite detailed and cover every single aspect of the work process from inception to completion and handing over of the project to the owner, as well as other services that can be provided by an architect. Furthermore, some jurisdictions have either regulatory bodies or their respective professional institutes that outline in detail the core scope of services as well as the other services. Some jurisdictions have neither. The UIA has an interest in maintaining the architects responsibility in the core scope of practice as well as their ability to perform such other services that they may have developed in their own jurisdiction. The UIA also recognizes a need to promote the awareness among the public and government administrators of such scope of practice by architects in their own jurisdiction. Furthermore, the UIA recognizes that such scope of practice should take into consideration the local environmental, social, and cultural factors and ethical and legal standards prevailing in each jurisdiction. Although the Accord and related Policy Guidelines are intended to define such scope of practice as well as the extension or other services that can be performed by an architect, they are also intended to promote such aspirations of the profession lacking in some jurisdictions through corresponding acquisition of such knowledge and skills necessary to equip the architects ultimately. The Accord acknowledges that although there are many jurisdictions that may not have the administrative means and/or educational facilities to promote and/or regulate the core scope of practice or the other services with which an architect should be conversant, due to differing standards, practice and conditions that reflect the diversity of cultures of such jurisdictions, the Accord represents only a first step in an effort by representatives of the international community of architects to reach consensus on the scope of practice toward which an architect should aspire and offer to serve community interests. The UIA recognizes that bilateral and multilateral mutual recognition agreements between and among registration/licensing agencies of the UIA member sections will take substantial time to negotiate and bring into operation, and there is a need to provide guidelines and protocol for conditions where mutual recognition agreements do not yet exist. The Accord Policy on Scope of Practice is intended to lay down the core services that an architect should be able to provide competently. The Accord Policy also recognizes that there are many other services and disciplines that for such jurisdictions to promote and attain over a period of time.

Guidelines for scope of practice core scope of services


Architects generally provide the following core seven units of professional service essential to the creation of the built environment.

A. Project Management
F ormation and management of project team S chedule planning and control P roject cost control C lient approval processing G overnmental approval procedure C oordination with consultants and engineers P ost occupancy evaluation

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B. Research and Planning


ite analysis S dentification of objectives and conditions I onceptual planning C

E. Bid, Negotiation and Award of Contract Phase


Based on construction documents prepared, the architect prepares contract documents for selection of a contractor. The architect assists the client in the selection of the contractor to be awarded the project. The architect arranges a formal agreement between the contractor and the client.

C. Construction Cost Control


C onstruction cost estimation E valuation of construction cost proposed E valuation of value engineering C ost control in construction phase

F. Construction Phase
To assure quality of the project documented in the contract document, the architect clarifies design intention and observes site works done by the Contractor, clarifies design intention, issues instructions, authorizes payments to the contractor.

D. Design
onfirmation of requirements and conditions C esign and production of construction documents D esign presentation for clients approval D

G. Handover Phase
With completion of the project, the architect inspects final quality of the project for conformity with the contract document and checks to confirm that all statutory approvals have been obtained. The architect arranges a formal handover of the project from the contractor to the client.

E. Procurement
election of construction procurement S rocessing of construction procurement P ssist of construction contract award A

H. Post Construction Phase


In the post-construction phase, the architect provides professional services to ensure that the contractors obligations to remedy defects are fulfilled.

I. Other Services
The services listed below are not necessarily excluded from the core services. Some jurisdictions accept some of these services as core services, taking into consideration that the architects are appropriately qualified to perform these services for clients and the public. i ) Feasibility Studies i i) Preparation of design requirements (program) i ii) Building survey (inspection) i v) Negotiations (e.g. land-use/zoning conversions) v ) Delay and protracted Services v i) Special presentations for sales and advertisement brochures v ii) Life cycle planning v iii) Land-use/town planning i x) Urban design x ) Facilities management x i) Landscape design x ii) Interior design x iii) Graphics and signage design x iv) Acoustic design x v) Lighting design x vi) Specialist detailing (e.g. curtain walling) x vii) Building energy studies x viii) Cost consultancy services x ix) Building codes services x x) materials/equipment services x xi) Environmental studies x xii) Construction management services x xiii) Support for art works x xiv) Project management services x xv) Accessibility services x xvi) Dispute resolution (mediation, Arbitration, Expert Witness) x xvii) Historical restoration x xviii) Renewal of existing building x xix) Post occupancy evaluation

F. Contract Administration
S upport to construction administration C larification of design intents and review of quality control bservation, inspection and report of site work o C hange order and field order

G. Maintenance and Operation Planning


upport for property management S upport for maintenance of building S ost occupancy inspection P

An architects services are not limited to the above listed core services. UIA recognizes that there are various services in the different jurisdictions - such as urban planning, historical restoration, renewal of existing buildings and many other services wherever architects are capable to carry out these services based on appropriate education, training and experience.

Project flow
With various participants in a project, any type or size of the project proceeds by following basic phases described below while solving complex problem of the Project. Every project has different conditions. Project flow presented here is merely the benchmark for the individual project to identify the various deviations within the essential flow of the project.

A. Pre -Design Phase


The architect assists the client to identify requirements and limitations for the proje ct and to finalize a project brief.

B. Concept Design Phase


Based on the requirements and limitations of the project brief, the architect examines major variables in codes and regulations, building technology, schedule and cost of the project and then proceeds to prepare a concept design for the project.

C. Design Development Phase


Upon the clients approval of the concept design, the architect prepares a developed design of the building.

D. Construction Document Phase


Upon the clients approval of the developed design, the architect prepares technical documents suitable for the construction.





Recommended Guideline for the Accord Policy on Forms of Practice

Accord Policy on Forms of Practice


Thatarchitectsshouldbeallowedtopracticeinanyformlegallyacceptableinthecountryinwhichtheservice isoffered,butalwayssubjecttoprevailingethicalandconductrequirements.TheUIA,asitdeemsnecessary, willdevelopandmodifyitspoliciesandstandardstotakeaccountofalternativeformsofpracticeandvariedlocal conditionswherethesealternativesarethoughttoextendthepositiveandcreativeroleofarchitecturalprofessionin theinterestsofsociety.

Recommended Guideline for the Accord Policy on Forms of Practice


Introduction
In most jurisdictions, architects have been practicing within the basic forms of practice evolved over the years, e.g. Sole-Proprietorship and Partnership. Some jurisdictions have either regulatory bodies or their respective professional institutes that outline in detail the legal parameters and conditions under which architects can practice. A majority of member sections responding to the UIA Professional Practice Commission questionnaire indicated that their states permitted the practice of architecture in partnership and conventional corporate forms. The restrictions placed on corporate practice and the newer limited liability companies are often onerous. The great variety of these restrictions suggests that a guideline is needed to define forms of practice which, in the public interest, enable the maintenance of acceptable standards of architectural practice. This set of guidelines defines practices by the forms of legal entity. Issues relating to forms of practices defined by the scope of services it offers is addressed in the Recommended Guideline on Scope of Practice. The great variety of legal forms together with the growing trend of multi-disciplinary practices brings about the issue of ownership, control of the practice and liability. The UIA has an interest in ensuring that the offering of architectural services in the various forms of practice, regardless of ownership, is under the effective control of architects and that they are required to conform to and maintain the same professional standards of service, work and conduct as individual architects. In order to have ethical and conduct requirements prevail, it is essential to ensure that the publics interests, as well as the integrity of architectural services performed, are maintained. The UIA also recognizes a need to promote to the public as well as government administrators the awareness of such forms of practice by architects in their own jurisdictions. Furthermore, the UIA also recognizes that such forms of practice should take into consideration the local environmental, social and cultural factors, and ethical and legal standards prevailing in each jurisdiction. The Accord acknowledges that there are many jurisdictions that may not have the administrative and legal means to promote or regulate the various forms of practice, due to differing standards, practices and conditions that reflect the diversity of cultures of such jurisdiction. While the UIA advocates proper regulation of architectural practices by a process of registration, the Accord guideline represents the first step in an effort by representatives of the international community of architects to reach consensus on the acceptable forms of practice in which architects can operate and perform their services without infringing on the legal boundaries. As such, the Guideline is intended to define forms and structure of practice which ensure the maintenance of appropriate standards of architectural practice. Forms of Practice can be categorized by several approaches. Essentially, we can define Forms of Practice by the following approaches: wnership o ontrol of practice C iability L





The following list categorizes several major Forms of Practice prevailing at the present moment. Less common forms of practice are classified as Specialized Forms of Practice and non-profit making organizations are classified as other Forms of Practice A) Basic Major Forms of Practice ole Proprietorship S nlimited Partnership U nlimited Company U imited Partnership L imited Company L A) Specialized Forms of Practice roup Practice G ollaborative Practice C onsortium C ommunity Practice C niversity Based Project office U ubsidiaries / Affiliates of Corporation S ulti-Disciplinary Practice m A) Other Forms of Practice overnment G uasi-governmental bodies / Institutional Bodies Q

A.4. Limited Company A legal entity formed by incorporation in the local jurisdiction, and may be either having the liability of its m embers limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them ( company limited by shares) or having the liability of its members limited by the memorandum to such amount t hat the members may respectively thereby undertake to contribute to the assets of the company in the event o f its being wound up (a company limited by guarantee). This includes also corporations where stocks are o ffered by the general public and listed on the stock exchange. The following guidelines shall prevail: hat a certain amount of authorized capital of the corporation/company amount, determined appropriately T y the local jurisdiction, is paid up. b hat the articles of association of the corporation/company provide that the chairman and the majority of T he directors of the corporation/company shall be registered architects or associated professionals and t rdinarily resident of the local jurisdiction. o hat the business of the corporation/company shall be under the control and the management of a director T f the corporation/company who is a registered architect ordinarily resident in the local jurisdiction. o A.5. Limited Partnership P artnerships consisting of certain members who are liable for the firms debts only to the extent of the capital c ontributed or agree to be contributed, but such members are prohibited from taking part in the management of he firm. The requirement is the same as Partnership, except there should not be any restriction on the t p rofessional background of the limited partners. N otwithstanding the above provision, the following conditions shall apply regardless of the form mentioned a bove: A n unlimited/limited corporation/company shall have the same rights and shall be subject to the same o bligations in respect of the fiduciary, confidential and ethical relationships with each client of the c orporation/company that exist at law between a registered architect and his/her client. A registered architect who has the control and management of the business of a unlimited / limited c orporation/company or a licensed partnership shall be subject to the same standards of professional c onduct and competence in respect of such services as if he / she was personally supplying the a rchitectural services.

Current Form of Practice


The UIA Guideline recommends that local jurisdictions should strive to promote, as well as obtain their respective regulatory bodys endorsement of, the principles described below. Further that their local statutes should incorporate the following principles for the various forms of practice. The following are descriptions for recommended principles for various form of practice.

A. Basic Forms of Practice


A.1. Sole Proprietorship ractices owned solely by a registered architect with sole responsibility for the standard of professional services P nd financial performance of the practice. a A.2. Unlimited Partnership ractices formed should be a group of registered architects who are jointly responsible and liable for the service P rovided by the practice. The partners share in agreed proportions profits and losses according to the amount p f work and expertise they each apply to the business, and the amount of money they have each invested. o here is personal and unrestricted liability of each partner for the debts and obligations of the firm, and there is T lso the right of each partner to participate in the management of the firm and act as an agent of it in entering a nto legal transactions on its behalf. i A.3. Unlimited Company legal entity formed by incorporation in the local jurisdiction, without specifying any limit of liability of its A embers. The following guidelines shall prevail: m he article of association of the unlimited corporation/company provides that no person other than a T egistered architect or an associated professional shall be a director of the corporation/company. r hat the articles of association provide that all shareholders in the corporation/company shall be architects. T hat the business of the corporation/company shall be under the control and management of a director of T he corporation/company who is a registered architect, and is a member or a registered owner of at least 1 t hare of the corporation/company. s

B. Specialized Forms of Practice


B.1. Group Practice ny group practice may consist of any combination of the basic forms of practice stated in (A). A n any relation among a group practice, an agreement covering all aspects of legal issues, auditing, work I pportionment, conduct, sharing of employees, etc. shall be prepared and agreed under the terms and a onditions prevailing in the local jurisdiction. c ny entity in a group practice shall also abide by the respective laws, code of conduct and other prevailing A onditions as set out by the regulatory bodies of the local jurisdiction. c B.2. Collaborative Practice ny collaborative practice may consist of any combination of the basic forms of practice as stated in (A) A xcept that the entities involved shall state clearly their respective job description and responsibilities at the e nset. o ll other legal relationships as well as the rules and conditions governing the entities shall remain A nchanged as for the group practice. u B.3. Consortiums Two or more practices acting together for a single project or group of projects. Consortia can be architectural only or multi-disciplinary. A Consortium can be constituted as a partnership of companies. onsortiums may consist of any combination of the basic forms of practice as stated in (A) for the purpose C f providing architectural services. multi-disciplinary consortiums may consist of other allied disciplines, e.g. o ngineering consultants, cost consultants, specialized servicesetc. e ikewise, the relationships and responsibilities amongst the entities shall be defined and agreed. The L rchitectural entity shall ensure that all responsibilities, liabilities, work appointment, conduct, etc. with a he other disciplines be clearly agreed and defined under the prevailing conditions in the local jurisdiction. t

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Appropriate professional indemnity insurance should be secured for the particular circumstances of the consortium. he entities of a consortium shall also abide by the prevailing conditions and other legal aspects of T overnment in the local jurisdiction where a consortium is formed. g B.4. Community Practice Refers to practices working directly with the community. It may take any form of practice as mentioned in (A), and the objectives may not necessarily be profit making, although it may function similarly to any other forms of business association. The owner of the practice is normally the community itself with the management function conducted by registered architects and associated professionals. Sometimes the registered architects will have ownership as well. It is suggested that the professional liability should rest with the registered architects, whereas commercial risk should rest with the practice, which includes a fair share by the community. B.5. University Based Project Office Refers to a unit within a university, which offers professional advice in specialty areas such as energy conservationetc, which also give students hands on experience. The form and ownership shall follow the guidelines set by the local jurisdiction as well as the university within which it is set up. The ownership should be held jointly by the University and registered architects ordinarily resident in the local jurisdiction. Professional liability should be the responsibility of the registered architects, while commercial liability should rest with the University, or as agreed between the University and the registered architects. Due to the relatively specialized nature, educational benefits, and in many instances profit making not being the sole objective, it is appropriate for such practices to define their scope of services in more specific terms and secure appropriate professional indemnity against commercial risks. B.. Subsidiaries/Affiliates of Corporation A company, which is solely owned by another corporation. subsidiary/affiliate practice may consist of any form, or combination of the basic forms of practice as A tated in (A) for the purpose of providing architectural services. s he relationships and responsibilities of the practice in relation to the Holding Corporation, as well T s among all other affiliates within the same Holding Corporation shall be defined and agreed. The a rchitectural subsidiary/affiliate shall ensure that all responsibilities, liabilities, work appointment, conduct, a tc. with the Holding Corporation and other affiliates are clearly agreed and defined under those prevailing e onditions in the local jurisdiction. Appropriate professional indemnity insurance should be secured for the c articular circumstances of the architectural entity. p he entities of subsidiaries/affiliates shall also abide by the prevailing conditions and other legal aspects of T overnment in the local jurisdiction where a consortium is formed. g B.. Multi-disciplinary Practice A practice which offers architectural as well as other building related services and may not necessarily be under the management of registered architects. multi-disciplinary practice may consist of any form, or combination of the basic forms of practice as A tated in (A) for the purpose of providing architectural or other building related services. s he offer of the architectural services in a multi-disciplinary practice shall be under the effective control of a T egistered architect ordinarily resident in the local jurisdiction. r he practice shall also abide by the prevailing conditions and other legal aspects of government in the local T urisdiction where the multi-disciplinary practice is formed. j

In the event where architects within governmental bodies are required to perform and provide architectural s ervices as a separate entity, the prevailing laws and conditions governing the various forms of practice shall be a bided by accordingly.

Recommended Forms of Practice


Architects are a regulated profession and thus are given the right by the public through legislation that in essence says that architects as professionals are trained and entrusted by the public to provide services to the public. The recommended forms of practice should be defined by extension of the individuals professionalism. The structure of the recommended forms of practice is to maintain the same character as that of an individual architect. There are basic conditions for entities to maintain the character of individual practice and to avoid a conflict of interest, and the possibility that architects autonomy may be impaired. Each condition of the following criteria in Table 1 is the recommended standard to maintain such character. 1. wnership o 2. omposition of board of directors C 3. he most responsible person in charge of management T 4. he most responsible person in charge of practice T 5. person who is responsible for civil matters A 6. person who is responsible for criminal matters A 7. person who is a responsible for administrative matters A 8. ther things related to conflict of interest and the possibility that o architects autonomy is impaired. Although architects are allowed to practice in any form legally acceptable in the country in which their services are offered, these conditions should be disclosed to clients in any case other than the forms represented in Table 1.

C. Other Forms of Practice


C.1. Government organizations within the government rendering architectural services using public funding for the use of the eneral public. This will include organizations such as the public works department, local authorities, or the like. g C.2. Quasi-Government Bodies Institutions formed by the government with the state as the sole or majority shareholder. Where architects are mployed in the above, and are required to provide architectural services, the prevailing conditions governing e ode of conduct, etc, as set out by the regulatory body of the local jurisdiction shall be abided by except that any c iability shall be undertaken by the respective governmental body. l

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TABLE 1 Recommended Standards of Form of Practice


Basic Form of Practice Ownership Composition of Board of Directors For management For practice A person who is responsible for criminal matters A person who is responsible for civil matters A person who is responsible for administrative matters Sole Proprietor Registered Architect Unlimited Partnership Registered Architect as Unlimited Partner Unlimited Company Registered Architect as Unlimited Company member Limited Corporation Limited Partnership Limited Company The majority of shares are desired to be owned by registered architects. Registered Architect Registered Architect as Unlimited Partner Registered Architect as Unlimited Company member The majority of the board of directors are desired to be registered architects. The most responsible person in charge of practice. The most responsible person in charge of management/ Corporation manmanagement/ Corporation The most responsible person in charge of management/ Corporation The most responsible person in charge of management/ Corporation The most responsible person in charge of practice. The most responsible person in charge of practice. Registered Architect Registered Architect as Unlimited Partner Registered Architect as Unlimited Company member Registered architect Registered Architect Registered Architect as Unlimited Partner Registered Architect as Unlimited Company member Registered architect Registered Architect as Unlimited Company member The registered architect in charge of the project. The registered architect in charge of the project. All Unlimited Company members Registered Architect Registered Architect as Unlimited Partner Registered Architect All Unlimited Partners Registered Architect Registered Architect as Unlimited Partner Registered Architect as Unlimited Company member The registered architect in charge of the project. Responsibility Responsibility for professional errors and omission

Recommended Guidelines for Policy on Practice in a Host Nation

Accord Policy on Practice in a Host Nation


Architectsprovidingarchitecturalservicesonaprojectinacountryinwhichtheyarenotregisteredshallcollaborate withalocalarchitecttoensurethatproperandeffectiveunderstandingisgiventolegal,environmental,social,cultural, andheritagefactors.Theconditionsoftheassociationshouldbedeterminedbythepartiesaloneinaccordancewith UIAethicalstandardsandlocalstatutesandlaws.

Recommended Guidelines for the Accord Policy on Practice in a Host Nation


Preamble
The UIA is committed to the encouragement of bilateral and multilateral recognition agreements within the context of the General Agreement on Tariffs and Trade (GATT), The General Agreement on Trade in Services (GATS) and the World Trade organization (WTo). Experience in the development of mutual recognition and/or free trade agreements for the architectural profession suggests that the process requires identification of gaps between the elements of the foreign professional qualifications standards and those of the local qualification standards, and the negotiation of means to bridge these gaps through establishment of equivalencies. It is a process that must recognize the sovereign right of each jurisdiction to establish its professional standards at whatever level it deems appropriate for the environmental, social, cultural, public health, safety, and welfare interests of its citizens. The Accord acknowledges that there are differences in the standards, practices and conditions reflecting the diversity of cultures of the countries of UIA member sections and that the Accord represents a first step in an effort by representatives of the international community of architects to reach consensus on standards and practices that will best serve community interests. The UIA recognizes that bilateral and multilateral mutual recognition and/or free trade agreements may take time to negotiate and bring into operation, and therefore there is a need to provide sector specific guidelines and protocols for conditions where mutual recognition and/or free trade agreements do not yet exist. The Accord Policy on Practice in a Host Nation is intended to include equal standing between the associated architects and provide a bridge to the time when mutual recognition and/or free trade agreements are prevalent rather than a rarity, as is now the case. The following guideline suggests provisions for a protocol recommended for adoption by UIA member sections seeking to provide an appropriate mechanism for recognizing practice in a host nation by a foreign architect.

Introduction
In most jurisdictions architects must be registered, licensed, or certified in order to practice architecture. Practice in a Host Nation covers the situation when individual architects or corporate entities of architects have been commissioned to design projects in a country in which they are not registered, licensed, or certified. The UIA recognizes the need for the responsible mobility of architects and their ability to provide services in foreign jurisdictions. It is the goal of the UIA that an architect recognized by the relevant authority of the nation/state in any UIA member section should be recognized as being able to be registered, licensed, or certified through bilateral or multilateral agreements and be able to establish in those nation/states as an architect by the relevant authorities in the nations/states of all UIA member sections. The UIA also recognizes a need to promote the awareness of local environmental, social, and cultural factors and ethical and legal standards. To this end, the UIA Assembly has approved the Second Edition of the UIA Accord on Recommended International Standards of Professionalism in Architectural Practice. While the Accord and related Policy Guidelines are intended to define best practice for the architectural profession and the standards to which the profession aspires, they are also intended to make it easier for interested parties to negotiate mutual recognition and/or free trade agreements allowing portability of architectural credentials and/or services. The long established UIA International Code of Ethics on Consulting Services requires that every consultant from a foreign countryshall associate and work harmoniously with consultants or professionals of the country where the project is located.

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Guidelines for Practice in a Host Nation


It is recommended that the member sections or nation/states of the International Union of Architects adopting this guideline agree that the UIA Accord on Recommended International Standards of Professionalism in Architectural Practice (referred hereafter as the Accord) establishes a policy framework for the negotiation of agreements under which local and foreign architects collaborate. While the UIA Accord and related guidelines attempt to establish standards for the international practice of architecture, it is recognized that there are differences in the traditions and practices of the UIA member section countries. Architects entering into Practice in a Host Nation agreements should agree 1) that arrangements affecting professional lia bility, insurance, the jurisdiction of the courts, and similar issues are covered by local statutes or considered business arrangements and most appropriately negotiated by the local architect, the foreign architect, and the client and should be formalized in the agreements between and among the parties; 2) that public liability, statutes, and laws affecting the conduct of the architect and the practice of architecture are matters to be appraised by and the responsibility of both architects; and 3) that the following conditions shall apply for the practice of architecture by foreign architects in local jurisdictions: . In this guideline an architect is a professional recognized and registered/licensed/certified by a relevant 1 uthority in a nation/state. A local architect is the entity registered/licensed/certified and practicing in the nation a here the project is located. A foreign architect is the entity registered/licensed/certified and practicing in a w urisdiction/country but is not registered/licensed/certified in the jurisdiction where the project is located. j . Where there is no mutual recognition or free trade agreement between the relevant authorities of the host 2 ountry and that of the foreign architects country: c F oreign architects registered/licensed/certified by a relevant authority in their own countries but not in t he host country should be admitted individually and permitted to practice in association with registered/ l icensed/certified local architects, in accordance with local laws and practices. F oreign architects coming from nation/states that do not have relevant authorities dealing with issues of r egistration/licensing/certification should be required to be subjected to the registration/licensing/ c ertification standards in force in the nation/states where the projects are located. A foreign architect should not be permitted to enter into an arrangement to provide services in another j urisdiction without the meaningful and substantial participation and contribution of a local architect in the p rovision of the design, documentation and contract administrative services of the project. Foreign a rchitects entering an international competition in a country where they do not hold a license should be r equired to enter into such an arrangement only when they win the competition and are commissioned to p roceed with the project.

.7 A foreign architect should be required to agree to follow the laws, codes of ethics and conduct, building 2 odes, etc. of the local jurisdiction. c 2 .8 Foreign and local architects forming collaborations should be required to enter into formal, fair and e quitable agreements that uphold the ethical standards of the UIA. Numerous model documents and books h ave been developed that cover the principles involved and issues to be considered when developing an a greement between collaborating architects.

3 . Where a mutual recognition agreement exists between the relevant authorities of two c ountries, this guideline is not relevant.

2 .1 Foreign architects should: a Be prepared to demonstrate to the national or international relevant authority that they hold a current registration/license/certification from a relevant authority of a jurisdiction, which allows them to use the title architect and to engage in the unlimited practice of architecture in that jurisdiction. b Provide proof of their qualifications. c Certify that they are not subject to any criminal/ethical conviction. 2 .2 Promptly after being selected as architect for a project in which a foreign architect is to be involved, the l ocal architect should be required to provide a document to the relevant authority establishing the local a rchitects relationship with the foreign architects to include their qualifications, and a description of the s pecific project for which this arrangement has been made.

.3 Foreign and local architects should make sure that in their collaboration they both have the necessary 2 xpertise and experience to meet the needs of the project. e .4 Professional services rendered by the associated architects should jointly and severally be rendered by the 2 oreign and qualified local architects involved in the project. f .5 In any documents and when claiming credit for the project, the local architect and the foreign architect 2 hall accurately represent their respective responsibilities on the project. s .6 Upon request from a local relevant authority, it is expected that the foreign relevant authority of the UIA 2 ember section will agree to confirm the status of the foreign architect as suggested in paragraph 2.1. m





Recommended Guidelines for the Policy on Intellectual Property and Copyright

Accord Policy on Intellectual Property and Copyright


ThatthenationallawofaUIAmembersectionshouldentitleanarchitecttopracticehis/herprofessionwithout detrimenttohis/herauthorityandresponsibility,andtoretainownershipoftheintellectualpropertyandcopyright ofhis/herwork. TheUIAdesirestodevelopandmaintaintheprotectionoftheintellectualpropertyandcopyrightofarchitectsintheir worksinamanneraseffectiveanduniformaspossible.TheUIArecognisestheprofoundimpactofthedevelopment andconvergenceofinformationandcommunicationtechnologiesonthecreationanduseofartisticworks.Moreover theUIAemphasisestheoutstandingsignificanceofcopyrightprotectionasanincentivetoartisticcreation,while recognisingtheneedtomaintainabalancebetweentherightsofauthorsandthelargerpublicinterest.Theworks mentionedinthisGuidelineshouldenjoyprotectioninallcountriesoftheUnion.Thisprotectionshalloperateforthe benefitoftheauthorandhis/hersuccessorsintitle.

Preamble
Architectural services are characterised by the intellectual capacity of the architect. Qualified architects are capable of developing creative building solutions by applying their knowledge and skill to a consideration of the clients requirements. The ideas and concepts created by the intellectual activity of architects are the products, which enables them to practice as architects. The importance of this creative intellectual endeavour requires that it have strong protection. Protection of -intellectual property rights guarantee that others cannot exploit the intellectual effort of architects and other creators of original works. This protection provides an incentive for further creative and innovative development in architecture for the benefit of clients and the public. This fact is essential for cultural improvement in architecture, which becomes more and more important in a globalized world in order to allow people to identify themselves with their built environment. Intellectual Property means the rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, such as copyright rights, patent rights and others. As opposed to property of things, intellectual property covers the intellectual effort. Intellectual property is a general term made further concrete in patent law, copyright law or trade mark law. Copyright covers specifically the intellectual effort regarding an artistic creation as opposed to the intellectual effort regarding the development of a pure technical process or object, which can only be protected under patent law. Copyright protects the interest of authors in relation to their creations and grants them the exclusive right of using their creations. To provide services successfully in foreign countries architects must have the assurance that their intellectual property in their creative works are protected. Therefore it is important that intellectual property is protected in all countries to provide the necessary security for architects to confidently provide the best service to their clients. In this aspect the UIA Guideline on Practice in a Host Nation plays an important role in furthering cross-border services while protecting the intellectual property of architects.

Guideline
The following Guideline attempts to define the key concepts, issues and common eventualities relating to intellectual property rights in the field of architecture. These include definitions of author and the works that are subject to copyright and issues such as moral rights, protection, ownership and enforcement.

1. Author
1.1 Initial Ownership T he author of a work is the person who created that work, and is presumptively the owner of the copyright in t w he ork. An author is always a natural person. Corporations, businesses or public entities may, however, own c opyright of a work when the work is made under a consultancy agreements (See 1.2) or if the authors agree to a ssign their rights, provided that this is regulated in the relevant national copyright law.





1.2 Works made under employment and consultant agreements n the case of works authored by an architect while under an employment arrangement, the employer is I resumptively the owner of the copyright, however this may be altered by explicit terms in the agreement of p mployment. In the case of works authored by an architect engaged as consultant, the architect is presumptively e he owner of the copyright. However, if the law permits copyright may be transferred by agreement and with the t onsent of the author As copyright is a commercial property it is appropriate that payment, in addition to the fees c aid for architectural services, is made to architects who agree to transferring the ownership of the copyright in p heir work. t 1.3 Collective Works opyright in each separate contribution to a collective work is distinct from copyright in the collective work C s a hole, and vests initially in the author of the contribution. In the absence of an express transfer of the a w opyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired c nly the privilege of reproducing and distributing the contribution as part of that particular collective work, any o evision of that collective work, and any later collective work in the same series. Copyright in a collective r ontribution in creating work vests in all authors of the collective work. All authors have the same rights c onnected to the copyright. Those rights can only be used collectively regarding the work as a whole. c

issue of infringement of copyright only arises, if a unique concept of a building, an extravagant technical detail or an extraordinary appearance of a building is copied. The mere influence of existing architectural works on the design of new - architectural works does not constitute an infringement of copyright. Droit Moral/ Moral Rights T he so-called moral rights include the right of attribution and the right of integrity in the protected works. T hese rights provide for recognition of authorship and protection of the works against violations. 3.1 Right to publish architectural work S ubject to the laws relating to privacy authors of architectural works should enjoy the exclusive right to p ublish their work. This right applies to architects only in a limited way because in general they have no s ay in the - publication of the building they design for the client. However, the architect should have the power t o decide if, when and how plans and pictures of his work are going to be published. In addition designs e ntered in architectural competitions should only be published and exhibited in accordance with the conditions of t he competition or with the specific approval of the author. Works produced by students in the course o f their studies should only be published and exhibited as required for the purpose of scholarly evaluation and c riticism. Students work should not be published for other reasons without the consent of the student. The use o f a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship or r esearch should not be an infringement of copyright. The use for such purposes is sometimes referred as the fair use exception to copyright protection. There are reasonable limitations on such fair use; which has the e ffect of reducing the authors market for the copyrighted work 3.2 Recognition of authorship Authors should have the right to put their name on their work and to have the work attributed to them when it is published. This recognition is especially important for sketches, plans and other documents, but it applies also to the built facility. Even though a copyright notice is not a condition of copyright protection, the notice should be displayed, particularly on drawings and other architectural documents, for clarification. In doing so, the author can avoid a defence of innocent infringement in mitigation of actual or statutory damages. A possible copyright notice could read: Copyright Associated Architects, Inc. 1999. 3.3 Violation of architectural works Besides the authors economic rights and even if those rights are transferred someone else the author should have the right to claim authorship of the work and to object to plagiarism, distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honour or reputation. This right, sometimes described as the moral Right to Integrity in created work, should be maintained even after the death of the author, at least until the expiry of the economic rights, and should be exercisable by the persons or institutions authorised by the legislation of the country where protection is claimed. 3.4 Alterations - Balancing the interests of owners and architects when buildings are altered The long duration of a building makes it probable that adaptations, extensions or other changes are necessary. The client invested once in that building and must have the possibility to alter it according to his economical needs. The owner or user of the building must have the right to adapt the building to changing needs or purposes, which often includes changes in the architectural concept. Also changing public building regulations may require the alteration of a building. At the same time the reputation of architects is largely established by their built works. Alterations to a building therefore have the potential to denigrate the reputation of the architect who is publicly known to be the author of the building. The alteration must ensure that the architects personal interest for consistency of the building is safeguarded and their architectural capabilities are not disparaged or devalued in public. The architect is endangered that after unauthorized alteration of his publicized work he is still recognized as the architect of that work. In the eyes of the public the author will then be seen as having made those new architectural expressions, which can damage his/her image. It is necessary, therefore, to find a balance between the two interests: Interest of the owner for alteration and the interest of the author for consistency. In finding that balance one has to take into account that the original architect of a building has more insight than anybody else regarding possibilities in developing the building for changing demands. Because of the original architects profound knowledge about the design, construction and environment of his creation only that architect is in the best position to develop the necessary solutions while respecting the design of the building and its aesthetic qualities. Consequently it is recommended that the author of a building should have the legal right to be consulted prior to the building being altered. Such a right would not prohibit owners from proceeding with alterations to suit their requirements. However a consultation conducted in good faith provides an opportunity for the owner to consider maintaining the integrity of the original design or, if necessary, for the architect to publicly dissociate from the altered works.

2. Protected works
Copyright protects original works of authorship that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it can be communicated with the aid of a machine or device. No publication or registration or other action is required to secure copyright. Copyright is secured automatically when the work is created for the first time. 2.1 Architectural works rotected works under this guideline are original architectural works of authorship fixed in any tangible medium P f expression, which represent a personal and original intellectual creation. Novelty, ingenuity, or aesthetic o erit re not qualifying criteria for protected works. The necessary standard of originality requires only that m a he work owes its existence to the efforts of the author and is not merely a copy of a pre-existing work. t opyright protection extends only to documented or built works and not to ideas, procedures, methods of C peration or mathematical concepts as such, because these works might be protected under the relevant o echnical protection rights such as patent rights. Copyright protection can cover any kind of architectural work. t 2.2 Protection of specific architectural works 2.2.1 Documentation of architectural designs. D ocumentation of architectural designs and buildings either in electronic or hardcopy form can be protected u nder copyright. Apart from the plans, drawings, schemes, etc. of the object as a copyright protected work, t he object itself can be protected, if realized in three dimensions. This refers also to works of town planning a nd urban design. 2.2.2 Expert opinions, specifications and other documents T he given form of representation of expert opinions, specifications and other documents can be protected u nder copyright, if they represent a personal creation. The protection does not cover the content of the d ocument but only the form of representation, in order to distinguish copyright from technical protection rights s uch as patent right. 2.2.3 Buildings A building can be protected under copyright, assuming the design fulfils the requirements of a personal c reation of originality (See above 2.1). Similarly, parts of buildings or the combination of buildings can be p rotected as well as the newly creative assembled combination of already known elements as an ensemble. S tyle, taste, aesthetic value or fashion are of no importance to the question, if the work has the necessary c reative character. Any building or architectural work can be protected under copyright-.

3. Protection of the authors interests


The architect as owner of copyright has the exclusive rights to authorise the reproduction of her/his works in copies, as long as they are protected under copyright law. Unauthorised reproduction by others may give -the right to the author to initiate legal action. However it must be noted that in the field of architecture many building elements are already known, such as doors, windows, roofs and walls and hence limit the architectural creation. This is why the

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3.5 Destruction The right of objecting to the alteration of the work should include also the right to object to its destruction. Contrary to alteration the destruction of the work does not include the danger that the architect will be recognized as the author of the altered work. However the destruction of the work still violates the moral right of integrity in the architects work. The author has an interest in the work continuing to establish and maintain his or her professional reputation. Therefore the right of the owner to demolish the building conflicts with the moral right of the architect. Hence the right for destruction of a building must be balanced with the authors right for consistency.

Recommended Guideline for the Accord Policy on the Role of Professional Bodies

Accord policy on the role of professional bodies


Incountrieswhereprofessionalbodiesdonotexist,theUIAshouldencouragemembersofthearchitectural professiontoformsuchbodiesinthepublicinterest.Professionalbodiesshouldseektoensurethattheirmembers adheretotheUIAinternationalstandards,theminimumrequirementsoftheUNESCO-UIACharterforArchitectural Education,andtheUIAInternationalCodeofEthicsandConduct;keepuptodatetheirknowledgeandskillsas requiredbythelistofFundamentalRequirements(bothcurrent,andastheyevolveinthefuture);andgenerally contributetothedevelopmentofarchitecturalcultureandknowledgeaswellasthesocietytheyserve.

4. Term of Protection
The term of copyright protection should extend to fifty years beyond the death of the author of the work.

5. Enforcement of Copyrights
The UIA recommends that laws and enforcement procedures are available that permit effective action against any act of infringement of intellectual property rights covered by this Guideline. These procedures should be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse. Procedures concerning the enforcement of intellectual property rights should be fair and equitable. They should not be unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delays.

1. Preamble
Architects, whether self employed or employees, are generally controlled by a regulating body in charge of ensuring that laws, decrees, and professional standards are applied and observed by all members of the profession. In many countries professional bodies have also been established for the advancement of architecture, for the promotion of knowledge, and to protect the public interest by ensuring that their members perform to a known standard. In a number of countries both the regula tory function and the advancement of architecture are undertaken by the one orga nization. Before defining what an architects professional body should be it is necessary to recall the context of globalization and the guiding principals of the General Agreement on Trade in Services (GATS). The fundamental objectives of GATS are the same as that of the World Trade organizations (WTo) objectives for goods - to ensure the balance of world trade through the liberalization of markets and to build the process of liberalization on solid foundations. To achieve this, the guiding principles are the following: Trade must take place without discrimination: This implies that all member countries carry out their exchanges on an equal basis and share the benefits achieved from any measure aimed at removing barriers to trade. Protective measures must be transparent: The services agreement requires that barriers to market access or discriminatory restrictions to operations on overseas markets be clearly identified and listed. A solid foundation for liberalizing trade: This is ensured as countries make schedules of commitments - service by service - by which they undertake to respect the negotiated reduced levels of protection. The global free trade logic is to favor free circulation of people, goods and services in a general environment of deregulation. The WTo rules which apply to member countries have a direct influence on the professional practice of architecture. Article VI 4 of the GATS agreement reads that: Theruleswhichaimatestablishingfreecirculationshallensurethatnationalprotectivesteps:Aretransparentand basedonobjectivecriteriasuchasprofessionalcompetenceandskills;Arenotmoreburdensomethannecessaryto ensurethequalityofservice;andLicensingprocedures,ifany,donotrestrictserviceprovision. The interests of three groups are served by the establishment of professional bodies:

. Ownership of architectural plans


The legal classification of ownership of architectural plans differs between the common-law countries and the countries under the Napoleonic Code. In common-law countries the architects documents are normally treated as instruments of service and the architect retains the ownership while the client enjoys the license, by contract, to use the documents to build the building. In countries under the Napoleonic Code the architects documents become property of the client after termination of the contract. The architect is obliged by contract to hand out the documents to the client. This situation has an effect on the intellectual property: Whereas in the common-law countries the architects are both the proprietor of the actual and intellectual property of their documents, the architects in countries under the Napoleonic Code are only proprietor of the intellectual property of the documents, the proprietor of the actual document is the client.

. Co-operation between UIA member sections


Each UIA member section shall enter, upon request, into consultations with any other UIA member section which has cause to believe that an intellectual property right owner, who must be a national or domiciliary of the UIA member section being addressed for consultations, is undertaking practices in violation of the requesting UIA member sections laws and regulations on the subject matter of this Guideline. The UIA member section addressed shall accord full and sympathetic consideration to, and shall afford adequate opportunity for, consultations with the requesting UIA member section. It shall, furthermore, co-operate through supply of publicly available non-confidential relevant information.

. Damages
Jurisdictions should have the authority to order a person who has knowingly infringed copyright to pay adequate compensation to the copyright holder

. Institutional Arrangements; Final Provisions


The UIA shall monitor the operation of this Guideline, and in particular UIA member sections compliance with their obligations hereunder, and shall afford UIA member sections the opportunity of consulting on matters relating to the aspects of intellectual property rights. It shall carry out such other responsibilities as assigned to it by the UIA member sections; and it shall, in particular, provide any assistance requested by them in the context of dispute settlement procedures. UIA member sections agree to co-operate with each other with a view to eliminating international trade in goods infringing intellectual property rights.

A. Consumer
It is necessary to guarantee not only the quality of service to the consumer, respecting competition and performance rules, but also the free circulation of professionals without any improper discrimination. Therefore, it is also necessary to define the structure of bodies which represent the profession of architecture, guaranteeing their capacity to protect the consumer and the society.

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The notion of consumer service refers to a concept which is internationally shared, implying both market competition and the guarantee of objective or certified quality standards. This consumer oriented logic prevails over notions of public interest, and presents a case for doing away with laws and regulations which are seen as providing corporate protection and monopoly of privileged practice in favor of systems of professional selfregulation and common law consumer protection.

B. The Public
Increasing numbers of countries are adopting public architecture policies. They are becoming increasingly aware that architecture is in the public interest. It contributes to the welfare of individuals and of society, whether in the social or cultural fields, respect for the environment and heritage. more recently the taking into account of the concept of sustainable development has a real impact on the living environment. This characteristic of architecture, of environment, of landscape and living environment, as an expression of culture, implies a special relationship between the professionals who practice it - the architects - and society. Society includes the State and public authorities, who have expectations with regard to the built environment, as well as the citizens, as users of consumers of architecture. As in many countries, it is thus useful and necessary for the profession to be organized in such a way as to meet the expectations of society and of the citizens. This requires the setting up, or reinforcement where they exist, of professional bodies focused on architecture but are entrusted with the protection of the public.

Public Interest o influence the quality of the built environment by defining quality standards and references, to participate T n the implementation of public policies in the field of architecture. i o promote and facilitate the acquisition of architectural knowledge by competent authorities, as well as by T he public and other professionals, to enhance their ability to assess architecture. t o set up a high authority in architecture at cultural and legal levels. T o guarantee the durability of the function of the architect in its cultural and social dimensions. T o promote research and development of architecture with regard to sustainable development and the T ecessary improvement of living standards. n o promote the awareness of architecture T o promote architectural and urban quality by any means and actions. T Professional Interest - Interests of Architects hile respecting their different forms of practice, to gather together architects, and to organize their W epresentation at local, national and international levels. r o develop the architects fields of intervention on the basis of their specific profile and skills. T o provide the service and assistance expected by architects in social, professional, legal and cultural areas, T n order to improve and guarantee the quality of services supplied by architects. i o promote collaboration and networking with other partners of the living environment such as clients, T own-planners, contractors, engineers, etc. with a view to improving the quality of the built environment. t o guarantee architects intellectual property and respect of their copyrights. T

C. The Profession
It is important for architects to be able to recognize each other and belong to a body which has established the same membership rules, whatever their form of professional practice. It is of course in the interest of architects to meet colleagues with the same training, the same or equivalent degree/diploma/certificate, who respect the same ethics and who have identical or comparable forms of practice. If those bodies are to function, they must also be of interest to architects. The professional body shall also be a place of identity and gathering for professionals practicing architecture This guideline aims at defining the raison detre, the function and role of those professional bodies.

2.2. Roles
Some Models of Architectural Professional Bodies While there are differing models of professional bodies, there is an existing common form for the two main types, the professional body and the registration body. Their primary roles are illustrated as follows: The Professional Body Status: Self-regulating or established by Charter. Mission: Advancing architecture, promoting/facilitating the acquisition of knowledge. Main Responsibilities: Communications/promotion (public, government, clients, members, international nd ultural programs, awards and exhibitions). Education* (influencing standards through the architectural a c urriculum). Practice (influencing standards by helping practitioners, e.g. providing model appointment c ocuments, contracts, etc.). d Justification: Better architects = better architecture. IntheAnglo-Saxoncountriesthisisoftencarriedoutbytheprofessionalinstituteandtheregistrationbody, * rIndependentlybyanorganizationmadeupofthetwo.Inthecodifiedcountries,thistaskisthe o esponsibilityofoneorotherofthegovernmentdepartments. r The registration/licensing body Status: Established by statute (law/decree, etc.). Mission: Protecting the public. Main Responsibilities: aintaining registration of qualified architects. m iscipline. D ode of conduct. C ustification: Consumer protection. J rom the scope of competence and responsibilities, one can establish the minimum F ole of these professional bodies: r The training and the competence of architects with a view to guaranteeing consumer protection: articipate in the elaboration of the content of the initial training. P egulate the title of architect and maintain a register of qualified architects. R etermine the content of professional training. D rant and monitor licenses to practice where appropriate. G nvolved in the accreditation of architectural courses, qualifications and professional certificates. I evelop a Code of Conduct, monitor its implementation and exercise the disciplinary function D ssociated with it. a

2. Proposals
The idea is to provide key words for the organization and scope of competence of professional bodies. Although they play a major social and cultural role, and their action and contribution are indispensable, this guideline does not address independent trade associations or unions whose vocation and role is to defend the material interests of voluntary members. The professional bodies should therefore cover three main functions: onsumer interest, C ublic interest, and P rofessional interest - interests of architects. P

2.1. Functions
Consumer Interest o protect the public/consumer society/the users - by monitoring the skills, code of conduct and ethics. T o enable and respect free circulation of architects in all countries in order to promote excha nges between T rchitects and improve the living environment. a o guarantee free and healthy competition, based on principles of transparency and fairness. T o contribute to, guide and guarantee the content of initial training in architecture and to monitor its T ontinuous updating. c o define the content of initial and professional training and of qualifications procedures and criteria. T o contribute to improving the knowledge and skills of architects by organizing continuing professional T evelopment. d o draw up a code of ethics and of conduct and to monitor their implementation. T o establish a set of disciplinary sanctions in the event of professionals not respecting the rules established T n the interest of the consumer. i o publish guide documents on topics such as fee-scales (where legally authorized) appointment of the T rchitect, documents for professional practice, and environmental matters. a

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m anage relations between professional and academic circles including the organization of practical t raining periods. I nvolved in the organization and monitoring of continuing professional development. m onitor the forms of professional practice. P rovide different forms of dispute resolution. o rganize architectural competitions and monitor their implementation. P articipate in drafting improved architectural standards. E stablish a learned society - concerned with cultural, economic and legal issues - that allows for the a cquisition and improvement of knowledge in the field of architecture. R epresent the professional before public authorities and international organizations. o rganize, or participate in, relations with professional partners such as clients, engineers, town- p lanners, contractors, etc. P romote UIA International Standards. C ontribute to the promotion of the art and science of architecture. C ontribute to the promotion of a sustainable environment, (e.g. exhibitions, seminars, conferences a nd taking part in the publication of architectural works.) P articipate in and promote development programs/projects in the field of architecture. P romote, follow, and monitor the development of legislation and regulations that impact on the p rofessional exercise and the built environment. P romote and advertise the architectural profession and its representative organizations in the media. C ollect members dues and maintain supplementary income through publications, fees, provision of s ervices, counseling, etc.

Disciplinary Body
To avoid the public thinking that disciplinary bodies are partisan in preserving the interests of architects, disciplinary sanctions should be managed by a separate commission made up of architects and judges or possibly by civil courts.

4. Conclusions
on the basis of these different principles, it is possible to consider several types of bodies: elf-regulating professional bodies with voluntary membership, which choose their mission and role. They are S rganized by a Charter drawn up with the authorities who confer the necessary power to carry out its o esponsibilities. In this case it is often necessary to establish other bodies with compulsory registration with r omplementary but limited responsibilities. c egistration bodies, such as chambers, orders, or colleges of architects with compulsory registration, R nvested by the public authorities with the necessary authority to organize the role and functions of architects i efined by law. In this case, it shall be necessary to set up other independent bodies to defend the material d nterests of their voluntary members (unions). i ublic administrative bodies (statutory bodies) in charge of controlling, regulating and checking the P mplementation of the law. i

The professional interest t local, regional and national levels organize meetings and exchange views between architects A hrough symposia, conventions, conferences and seminars. t romote communication between architects by utilizing web sites, E-mail directories, information P ulletins, magazines, libraries, etc. b nalyze and disseminate the development of the conditions for the employment of architects and A f their working conditions. o ring legal and advisory assistance to architects. B epresent the profession via-a-vis public authorities and consumer associations. R

5. Appendix
Analysis of different types of professional bodies
The following descriptions are theoretical. In most cases, according to the national cultural environment, architects fulfill various functions which may feature in more than one of these classifications. There is actually no one reference model. Various functions can be grouped together in the creation of new professional bodies or in order to help existing organizations improve their services to architects and to the public. Different types of organizations or professional bodies may be identified and classified according to their functions, objectives, and their independence or control in the following non-exhaustive manner: A. Self-regulatory Professional Bodies T hese are architects organizations most commonly found in Anglo-Saxon countries and in countries s trongly influenced by this culture. The architects who set up these professional bodies often did so t o meet the need to organize their profession in countries where the State allows professions a significant d egree of self determination. These professional bodies are often very old and have acquired considerable a uthority because of their extensive social scope, the quality of their organization, and the criteria use for t he selection of members. In many cases there is only on body per country. The State may delegate to it t he control of the regulatory framework of professional practice, in particular as to the protection of the t itle of architect. Their statutes impose a strict code of conduct on members in order to guarantee to the p ublic a level of qualification, competence and probity that is necessary for this function. They are often c enters of architectural knowledge or learned societies, i.e. reference institutions. They serve as guardians o f the culture of architecture, maintain a quality library, monitor education and practical training, o rganize training and continuing professional development, and facilitate cultural development through c onferences, seminars, publication of reference documents and initiate architectural research. Their main c haracteristic is that they freely determine their Statutes and are independent of the regulatory authorities. T heir membership is subjected to strict rules both from the point of view of qualifications, license to practice, p rofessional references, and even sponsorship. B. Associations , Colleges or Chambers A ssociations of architects - sometimes known as colleges or chambers - are often private bodies set up by he State through an act or a regulation. Such acts or regulations define their object, role, statutes, t o rganization, membership criteria, relationship with the State and their financial regime. They are commonly f ound in Latin or Germanic countries. Their main objective is the protection of the title of architect. Their role i s to protect the public by having architects abide by the rules defined by the State. Generally, they guarantee t he architects qualification, are responsible for conduct and discipline, frequently set down by public law, and a re the official partners of the State. most often they also protect professional practice and sometimes contribute t o continuing professional development of architects and take part in the promotion of architecture. They are

3. Governance of the architectural profession


The previous sections show that governance of the profession should be based on several principles.

Relationship with the Public Authorities


on behalf of the public interest and consumer protection, the professional body must be granted their authority by the competent public authority. This may be a government or parliament and such authority confers the capacity to exercise legal authority over members of the profession. This pre-supposes the existence, or establishment, of a legal system governing and regulating the title of architect, the license to practice, professional practice, and the code of professional conduct.

Democratic Representation
The professional body usually drafts articles, rules, and bylaws which ensure good representation of the architects profession by region, by forms of practice or professional status. It may include in its governing board representatives of public authorities, consumers and professional partners. The articles, rules, and bylaws could be confirmed by an act, decrees or by a charter drawn up jointly with the authorities.

A Hierarchical Organization According to the Roles Carried Out


National or federal professional body, bringing together and coordinating regional bodies, that defines professional policies, manages the resource center, the accreditation of qualifications and certificates, etc. Local or regional colleges keeping as close to their geographic area as possible that keep the register of qualified architects, supervise the conformity with the code of conduct, perform initial conciliation and mediation, maintain relations with regional authorities and professional organizations, etc. Specific committees allowing for the management of particular issues such as international affairs, training, promotion of architecture, standardization, consumer relations, etc.





enerally democratically constituted. Their main characteristic is that they originate from the public interest and g re subjected to strict legal rules. membership is compulsory for those wishing to use the title and, depending a n he national legislation, to practice. o t C. Independent Associations n all countries architects gather together to organize and promote their common interest. The vocation of these I odies may be related to the cultural, professional and even humanitarian aspects of the practice of architecture. b n most case their resources are raised from contributions. Their main characteristic is that membership is I bviously not compulsory and they are only regulated by rules they have freely decided upon in conformity with o ational laws governing associations. n D. Unions or Trade Associations riginally, according to the country, the role of architects unions or trade associations was to defend the o nterests of their members. membership is voluntary and often entails dedication and militancy. They are the i bvious negotiators with the public authorities for everything related to professional practice. Frequently they o ave extended their area of competence to cover the training of architects, the promotion of architecture, the h evelopment of techniques and services for their members. Their main characteristic is that membership is d oluntary and they defend the professional interests of architects. v E. Other Organizations here are also other organizations of architects which may bring members together for wider cultural, T umanitarian prospects, particularly at the international level. Examples at the international level are h he nternational Union of Architects (UIA) and the Commonwealth Association of Architects (CAA). t I xamples at the regional level would include the Architects Council of Europe (ACE), the Architects E ouncil of Asia (ARCASIA), Architects Council of Central and Eastern Europe (ACCEE), the Pan-American C ederationof Architects Associations (FPAA), the Union of African Architects (UAA), and Union of F mediterranean Architects (UmAR). F. Mixed Structures n certain fields such as education, mixed structures have been established which bring together architects I ssociations, professional bodies and public authorities in order to monitor or accredit schools of architecture. a xamples would include the Joint Validation Panel (Royal Institute of British Architects and Architectural E egistration Board) in the United Kingdom and the National Architectural Accrediting Board (American Institute R f Architects, Association of Collegiate Schools of Architecture and the National Council of Architectural o egistration Boards) in the United States of America. R

Recommended Guidelines for the Policy on Building Project Delivery Systems

Accord Policy
Architectsshouldmaintainhighstandardsofprofessionalismandserviceunderallformsofbuildingprojectdelivery systems.

1. Definitions

The following definitions have been adopted for the purpose of these Guidelines; Building project delivery systems: The contractual relationships between building owners and the other parties involved in the design, documentation and construction buildings. Project client: The party for whom the building is designed and constructed. Architects client: The party that commissions the architect. Novation: An arrangement under which the rights and obligations of a party to a contract is transferred to a third party. Professional adviser: The party appointed by the building owner undertaking a multi-party or alliance building delivery system. In the case of building projects normally an architect with specialist skills in building or project procurement systems.

2. Introduction
The education and training of architects has, until recently, been oriented towards the traditional relationship between architect, project client and builder, and the lump sum contract. That is, the project client directly commissions and briefs the architect; the architect prepares contract documents; the builder prices and builds from the contract documents. During construction the architect acts as the project clients agent and as certifier of quality etc. However, this traditional method has regularly been challenged, rightly or wrongly, and when other methods are used the role of the architect may change. Alternative building project delivery systems have evolved, which can, in some cases have advantages over traditional methods, and architects are likely to encounter the situation in which: he clients requests, or the architect perceives the need for, an alternative method in order to fulfill particular T equirements of the project; r he architect is offered a commission within the framework of an alternative method (i.e. with a different T elationship between architect, project client and builder). r In order to maintain an effective professional role, the architect must: n the first case, be able to clearly advise the clients of the advantages and disadvantages of each of the I lternatives; a n the second, have a full understanding of the organizational structure of the delivery method, clearly defined I esponsibilities and a full understanding of the lines of communication; and r n all cases the architect should assess the risks associated with the alternative method in relation to the I ommercial position of the practice and the architects role as a professional adviser with expertise in building c esign. d





3. The Alternative Methods


most methods can be categorized into one of the following major groupings: ariations on the traditional building contract; v onstruction management; c esign and construct; and d ulti-party contracts m

3.3 Design and construct


In design and construct arrangements the project client enters into one contract for the design and construction of a building or project with an organization, generally based on a building company which provides both design and building services. A guaranteed price is negotiated between the builder and the project client based on the project brief or requirements, previous projects of a similar nature, a risk assessment by both parties and a building margin. The builders project priorities, minimum cost, minimum time and maximum profit are often in conflict with the project clients priorities. The design team functions as a normal design team, but with the builder effectively acting as the architects client, interpreting the project clients requirements against the known maximum cost. Both the design and construction will be tailored by the builder to fit within the guaranteed price. In most cases the architects client is the builder and it is the architects duty to put the interests of that client (the builder) in front of the interests of the project client. This building delivery system lacks independent assessment or monitoring of the works by the architect, who is often unable to deal directly with the project client. Except in the case of very simple or repetitive buildings, design and construct project delivery provides project clients with little assurance that they will receive an end product that fully satisfies their needs or expectations and unreasonably exposes architects and other design consultants to depressed fees with little or no reduction in liability.

3.1 Variations on the traditional building contract


(a) Negotiated price contract T he traditional relationship, in which the project client commissions the architect, contract documentation i s substantially or fully completed and a tender is negotiated with one or more selected builders. A contract, b etween the project client and the builder, is signed when a satisfactory price is achieved and the architect a dministers the contract. (b) Cost-plus contract T he traditional project client/architect relationship is maintained, contract documentation is substantially or f ully completed and a management fee covering overheads and profit is negotiated with one or more selected b uilders. The successful builder builds the project using in-house and sub-contracted labor. A modified c ontract is signed and the architect administers the contract. It is usual for the sub-contract tendering to be a dministered by the builder but vetted and approved by the project client and/or the architect. (c) Two stage tender T he traditional project client/architect relationship is maintained. The first stage tender is sought using sketch p lans and an outline specification and the selection of the builder is based on the overhead and profit rate, r esources and site and management facilities offered. Documentation is developed with the builder and p rincipal sub-contractors as part of the design team. The price is built up progressively from elemental sub- c ontract prices prepared by the sub-contractors. The design will be tailored throughout the process to meet t he project clients budget and other requirements. The design input from the builder can be valuable, allowing a thorough analysis of buildability and providing a realistic basis for assessing the cost benefit of various a spects of the design.

3.4 Multi-party contracts


These procurement methods are referred to sometimes as Integrated Supply Chain Team management, Alliancing, Project Team Partnering or Integrated Project Process Procurement. They involve the formation of a project team made up of representatives of the project client, the consultants, contractors and key sub-contractors and suppliers. The project team acts as a virtual company dedicated to achieving the agreed project objectives. The project client appoints a Project Advisor who assists in developing the project brief, budget and program. A selection panel is appointed to work with the project client and the Project Adviser in selecting and appointing the Project Team members on the basis of quality and not price. This integrated team then signs a multi-party partnering contract. The multi-party contract defines the roles and responsibilities of team members and mechanisms to ensure Value management and Value Engineering, Risk management, the fair sharing of rewards and continuous improvement measured against Key Performance Indicators. A key feature of these types of contract is the problem solving and dispute provisions which bind the team members to cooperative, rather than adversarial, resolution of issues that arise on the project.

3.2 Construction management


A construction manager has expertise in both building and management and is contracted to the project client to manage the construction of the building. The provision of materials and labor is through a series of separate contracts between individual suppliers and contractors and the project client. The construction management organization acts as the project clients agent to administer the separate contracts, plan and supervise construction and manage the services provided during construction by the design consultants, including the architect. While the construction manager may be engaged when all design and documentation is complete, they are more often engaged during the design or documentation process to assess buildability and to assist, ensuring that the design is tailored to meet the clients budget and other requirements. As a single overall tender is not necessary before work begins, an early start on site is possible by completing the documentation, tendering and letting contracts for the early trades while documentation for later trades is still in progress. The construction manager is paid on a fee for service basis and has no vested interest in project finances and can provide independent advice to the project client as a consultant. The construction manager is not bound by the project budget and all risks are borne by the project client and the separate contractors. The role of the architect and the relationship with the project client and the construction manager may be much the same as in traditional contracts between architect, project client and builder. It is more common, however, for the construction manager to take over some of the architects traditional roles during construction, such as certification. It is increasingly common for the architect and other design consultants to be novated to the construction manager. Construction management may be an advantage for very large projects, where an early start on site is necessary or where part or all of the project is occupied (i.e. shopping centers).

4. Aspects critical to the success of alternative methods


It is assumed in this Guideline that different building project delivery systems can be appropriate for many projects, but that some detail aspects of the particular systems are critical to the success of the process. The project client should be made aware of these critical aspects when alternative arrangements are being considered.

4.1 Independent assessment


The degree of protection of the project clients interests, as opposed to the vested interests of the other parties to the contract, rely on the facility for independent assessment. This depends on many aspects including: a) ethod of payment are the fees for professional services separated from or influenced by the builders ( m rofitability? p ( b) esign independence is there a clear hierarchical relationship between the design team, the D anagement organization and the building organization? m

c) uring construction is there a degree of independence of the design team during the building process? ( D ( d) ommunication are there clear lines of communication and does the architect have the capacity to deal C irectly with the project client? d ( e) iability is responsibility and liability clearly defined? L

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4.2 Experience and expertise of the management service offered


organizations offering construction management services must have a proven record, appropriate background and training, suitably experienced resources and a demonstrable capacity to balance the project clients requirements with the project budget and brief. management should not interfere with the design process, but add to it in a positive way. It should not isolate the client from the process or the design team, but provide another level of advice and reassurance to the project client. It should not assume roles better undertaken by other members of the team (i.e. co-ordination), but assist in the process. Finally, a good construction manager, on the right project, should be part of a team, not the director of it.

5. Conclusion
Architects should be able to operate within a variety of client, architect, management and builder relationships in an effective and professional way, as alternative methods of project design and delivery become established within the building and construction industry. It should be understood however, that some project and building delivery methods constrain the ability of architects to impartially apply their professional knowledge and skill. Under these contractual arrangements architects are prevented from acting as independent agents and advisers protecting the interest of the project clients and building owners. Some building delivery systems also make it difficult for architects to fulfill their professional and ethical obligations to consumers and the general public. Therefore, in the public interest, these constraints must be recognized and understood by those that use the services of architects, the communities they serve and the governments that regulate the markets within which architectural services are provided.

4.3 The value of a builder on the design team


one of the principal advantages of the participation of a builder in the design and documentation process is to provide a continuing buildability assessment of the project and an early warning of design or construction problems. The participation of an experienced builder on the design team, with an understanding of the design process and the contribution that can be made, can provide some project client with greater confidence in the outcome.

4.4 The risks of an early start


The most significant risks in an early start on site to reduce overall construction time lie in unrealistically shortened design times, hasty design or documentation decisions and the potential for a lack of thorough co-ordination of the work of the design team before the implications of the total design have been discovered. This can result in the need for modification to the early works or unfortunate limitations on the later design build in haste; repent at leisure. These risks are present, to varying degrees, in any fast track method of delivery, but can be minimized through careful design team co-ordination and monitoring.

. Appendices
A Checklist for architects giving advice B Checklist for architects considering their own involvement in non-traditional methods C Responsibilities of the parties D Further reading

Appendix A 4.5 Effectiveness of time and cost control


This can be one of the most important advantages of the alternative methods, as they can allow a thorough analysis of the design and documentation as they progress, in relation to time and cost. Independent management resources in close monitoring of the design and construction program can: acilitate decision making by all parties including the client in a timely way; f elate the implication of decisions to time and cost; and r ncourage all parties to contribute to meeting the program. e The same controls can be applied to a fully documented and tendered project with value management. Checklist for architects giving advice 1. hat other methods, if any, may serve the project clients interests better? W 2. re there any cost penalties involved for the project client? A 3. re there any penalties in terms of quality? A 4. ill the project client receive impartial and expert advice during both design and construction? W 5. ho will certify payments, quality, time and completion? W 6. ill the project client be required to enter into multiple contracts? W 7. ho will be liable for defects? W 8. ho will be liable for failure to meet the program? W 9. ill the project client receive the benefit of competitive tendering? W 10. ill the project clients decision making process be restricted? W 11. ho will authorize variations and extensions of time? W

4. Extent of documentation


While the nature of documentation under the alternative methods may vary considerably from traditional contract documentation, it is possible that the final extent of documentation will be greater, particularly with packaged projects. In other cases, shop drawings will be developed from design sketches and often co-ordination may be more difficult with fragmented documentation. It is important that the extent and nature of documentation is clear and that the methodology and responsibility for co-ordination is clearly defined.

Appendix B
Checklist for architects considering their own involvement in non-traditional methods 1. ho will be the client? W 2. hat will the relationship be with the user? W 3. hat will the relationship be with the other consultants? W 4. ho will be the prime consultant? W 5. hat is the extent of legal liability? W 6. oes the professional indemnity insurance cover the extent of liability? D 7. ill the architect be able to impartially apply their professional knowledge and skill, and fulfill their professional as W well as ethical obligations to the society, 8. ho will be responsible for setting and controlling the budget? W 9. hat are the terms of engagement? W 10. re the design team members to be novated to another party and if so how will this affect their interests and their A liability? 11. hat is the fee? W 12. ill there be a head contract, a builder and sub-contractors? W 13. ho will certify payments for building work? W 14. ho will inspect the building work for conformity with design? W 15. ho will inspect the work for certification? W

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16. hat are the arrangements for agreeing to and carrying out changes to design? W 17. ow will disputes be resolved? H 18. hould there be any limitations to the architects contractual liability? S 19. ill the certifier be able to act impartially? W 20. ho will instruct the persons performing the building work? W 21. re there any special program requirements? A 22. re the program requirements realistic? A 23. ho will authorize extensions of time? W 24. hich form of contract will be used for the works? W

Appendix D
Further reading 1 2 3 4 W hichContract? C hoosingtheAppropriateBuildingContract - Cox and Clamp P ublished by RIBA Enterprises Ltd ISBN 1 85946 042 9 1 -3 Dufferin Street, London EC1Y 8NA United Kingdom H andbookonProjectDelivery P ublished by American Institute of Architects California Council 1 303 J Street, Suite 200, Sacramento, CA 95814 U.S.A. AGuidetoIntegratedProjectProcurement P ublished by RAIA Practice Services 4 1 Exhibition Street, melbourne, Victoria 3000, Australia G uidetoProjectTeamPartnering P ublished by the Construction Industry Council, ISBN 1898671 2 4, United Kingdom, Tel. 00 44 20 7637 86 92

Appendix C
Responsibilities of the parties
Building Delivery Method Traditional Project client Architect Architect, Subconsultants Brief and Research Schematic Design Estimate and Cost Plan Architect, SubConsultants, Quantity Surveyor Two stage tendering Project client, Architect Architect, Subconsultants Architect, SubConsultants, Quantity Surveyor Architect, Subconsultants, Builder, Subcontractors, Quantity Surveyor Construction management Project Client Architect Architect, Subconsultants Architect, SubConsultants, Quantity Surveyor Architect, Subconsultants, Builder, Subcontractors, Quantity Surveyor Design & Construct D&C manager (Project Client) D&C manager (Architect Subconsultants) multi-Party contracts Project client and Project Advisor Project Team led by Architect Project Team led by Quantity Surveyor Project management Project client with Project manager Architect Project manager Architect Architect Builder Builder Architect Sub consultants Project manager D&C manager D&C manager (Architect Subconsultants) Project Team led by Architect Project Team led by Architect Project Team led by Builder Project Team led by Architect Project Team led by Architect D&C manager D&C (Architect Subconsultants) manager D&C manager D&C manager Architect, Sub consultants, Subcontractors (shop drawings) Construction management Construction manager, Architect, Subconsultants Construction manager, Quantity Surveyor Design Development Architect, Subconsultants Architect, SubConsultants, Quantity Surveyor Architect, Subconsultants, Quantity Surveyor Builder Builder, Architect, Subconsultants Architect, Quantity Surveyor Builder Builder, Architect, Subconsultants Documentation Construction Management Inspection of Work Certification of Payment Architect, Quantity Surveyor

NoTE: Brackets indicate that the activity is undertaken by the group outside the brackets, who controls the input of those within the brackets.

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oTHER DoCUmENTS
The Commission has developed and the UIA Council has approved the following documents which can be found at the Commissions web site, www.aia.org/about_uia. Recommendation on mutual Recognition Agreements Use of the UIA Accord with National Governments and Relevant Authorities Professional Practice Information Notes Note 1 Computer Practice Note 2 Building Codes and Standards





REFERENCE LIST
PROFESSIONAL PRACTICE COMMISSION Co-Directors 14-200
The Architectural Society of China Zhang Qinnan 1994-1999 Xu Anzhi 1999-2005 Zhuang Weimin 2005The American Institute of Architects James A. Scheeler 1994-2002 Russell V. Keune 2003-

UIA ACCORD DOCUMENTS


UIA Accord on Recommended International Standards of Professionalism in Architectural Practice First edition adopted by the XX UIA Assembly, Barcelona, Spain, July 1996. Second edition adopted by the XXI UIA Assembly, Beijing, China, June 1999. Preamble Adopted by the XXII UIA Assembly, Berlin, Germany, July 2002. Amended with the addition of the Policy on Building Project Delivery Systems by the XXIII UIA Assembly, Istanbul, Turkey, July 2005.

GUIDELINE DOCUMENTS
Thirteen guideline documents supporting policies contained in the UIA Accord have been produced by the Commission and approved by the UIA Council.

Guidelines on Accreditation/Validation/Recognition
Drafting Panel Chair: Tillman Prinz, Germany. Recommended by the Commission December 1998, Washington, DC. Adopted June, 1999 by UIA Council. Beijing, China.

Guidelines on Practical Experience/Training/Internship


Drafting Panel Chair: michael Peck, Australia. Recommended by the Commission December 1998, Washington, DC. Adopted June, 1999 by the UIA Council, Beijing, China.

Guidelines on Demonstration of Professional Knowledge and Ability


Drafting Panel Chair: Christopher Colburne, United Kingdom. Recommended by the Commission December 1998, Washington, DC. Adopted June, 1999 by the UIA Council, Beijing, China.

Guidelines on Registration/Licensing/Certification
Drafting Panel Chair: James Scheeler, United States of America. Recommended by the Commission, December 1998, Washington, DC. Adopted June 1999 by the UIA Council, Beijing, China.





Guidelines on Procurement
Drafting Panel Co-Chairs: michael Peck, Australia and John Wright, United Kingdom. Recommended by Commission, December 1998, Washington, DC. Adopted June 1999 by UIA Council, Beijing, China.

Guidelines on Ethics and Conduct


Drafting Panel Chair: John Wright, United Kingdom. Recommended by the Commission December 1998, Washington, DC. Adopted June, 1999 by the UIA Council, Beijing, China.

Guidelines on Continuing Professional Development


Drafting Panel Chair: James Scheeler, United States of America. Recommended by the Commission, December, 1998, Washington, DC. Adopted July 1999 by the UIA Council, Beijing, China.

Guidelines on Scope of Practice


Drafting Panel Chairs: Edward DSilva, Singapore and Shinjiro Wachi, Japan. Recommended by the Commission march 2004, Kuala Lumpur, malaysia. Adopted may 2004 by UIA Council, Villahermosa, mexico

Guidelines on Form of Practice


Drafting Panel Chairs: Edward DSilva, Singapore and Shinjiro Wachi, Japan. Recommended by Commission march 2004, Kuala Lumpur, malaysia Adopted February 2005 by UIA Council, Tokyo, Japan.

Guidelines on Practice in a Host Nation


Drafting Panel Chair: James Scheeler, United States of America. Recommended by the Commission November 2001, San Jose, Costa Rica. Adopted February, 2002 by the UIA Council, Barcelona, Spain. Amended by the Commission march 2004, Kuala Lumpur, malaysia. Adopted may 2004 by the UIA Council, Villahermosa, mexico.

Guidelines on Intellectual Property and Copyright


Drafting Panel Chair: Tillman Prinz, Germany. Recommended by the Commission November 2001, San Jose, Costa Rica. Adopted February 2002 by the UIA Council, Barcelona, Spain.

Guidelines on Role of Professional Bodies


Drafting Panel Chairs: Herve Nourissat, France and Claude Bucher, France. Recommended by Commission, march 2004, Kuala Lumpur, malaysia. Adopted may 2004 by UIA Council, Villahermosa, mexico.

Guidelines on Building Project Delivery Systems


Drafting Panel Co-Chairs: michael Peck, Australia and John Wright, United Kingdom. Recommended by Commission, march 2004, Kuala Lumpur, malaysia. Adopted February 2005 by UIA Council, Tokyo, Japan.

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UIA Accord on Recommended International Standards of Professionalism in Architectural Practice

Third Edition December 2006

Supervision of the publication Jordi Farrando, UIA Secretary General Russell Keune, UIA Professional Practice Commission Co-Director

With the assistance of Catherine Hayward & Paula Liberato, UIA General Secretariat Ellen Delage, Director, International Relations, AIA Anne Hinterlong Dow, manager, Print and mail Services, AIA Fernando Porcel, CoAC International Relations

Cover photo Architect: Saucier + Perrotte architectes Photographer: marc Cramer Project: The Perimeter Institute for Theoretical Physics Photo courtesy of the Royal Architectural Institute of Canada

Printing Balmar Solutions in Print, Gaithersburg, maryland, USA

The publication of this document was supported by The American Institute of Architects.

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UIA General Secretariat 51, rue Raynouard 75016 Paris, France Tel. (33.1) 45 24 36 88 Fax (33.1) 45 24 02 78 uia@uia-architectes.org www.uia-architectes.org

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