2 The professional role, responsibilities, duties,
liabilities of Architects
The Council has prescribed guidelines on "Architect's Professional Liability" to make
aware of the architects and the owners and occupiers of the buildings in what manner and
under which circumstances an architect should be held responsible for the negligent act/
deficient services and at the same time, it highlights the clients/ occupiers' duties and
responsibilities to be undertaken by them to preserve the longevity of the building.
This document has been approved by the Council of Architecture at its 40th meeting held
on 12th & 13th April, 2002, vide Resolution No.302, as guidelines to the Architects and
user organisations / individual clients.
1.0 Professional Duties of Architect:
1.1 Service: "Service", as defined under Section 2 (1) (o) of the Consumer Protection Act,
1986, means service of any description which is made available to potential users and
includes the provision of
facilities in connection with banking, financing insurance, transport, processing, supply of
electrical or other energy, board or lodging or both, housing construction, entertainment,
amusement or the purveying of news or other information, but does not include the rendering
of any service free of charge or under a contract of personal service.
In other words, rendering professional service by an architect for "consideration" falls within
the ambit of "service". The relationship between the Client and the Architect is that of recipient
and provider of service. The professional services rendered by the architect mean the
services rendered pursuant to the Conditions of Engagement and Scale of Charges, entered
into between the Client and the Architect.
1.2 Competence: An architect, being a professional, shall possess the required knowledge
and skill i.e. proficiency and competence for discharging his professional duties and
functions. These are governed under the provisions of the Architects Act, 1972 and the
Architects (Professional Conduct) Regulations, 1989, framed thereunder.
1.3 Duty of care: It means duty to exercise utmost skill and care. When an architect offers
professional advice/architectural services, implicitly undertakes that he is possessed of the
knowledge and skill for the purpose. Thus, an architect shall bring to his task a reasonable
degree of knowledge and skill and must exercise a reasonable degree of care.
1.4 Duties: The duties that are required to be performed by an architect for various types of
projects have been prescribed by the Council of Architecture under the Conditions of
Engagement and Scale of Charges for respective areas in the field of architecture.
The documents stipulate the parameters within which the Architect is required to function.
However, the Conditions of Engagement and matters related therewith for a given project
shall be carried out in accordance with the terms and Conditions of Agreement executed
between the Client and the Architect.
Duties and Responsibilities. (As in UDCPR)
i) Design as per Client's requirements and site conditions.
ii) Prepare and submit plans as per the Regulations and shall be responsible for correctness of the
calculations and dimensions mentioned on the plan and shall be liable for consequences arising thereof.
iii) Represent before the Authority for scrutiny of drawings.
iv) Prepare and issue working drawings details in conformity with approved plans.
v) Advice client to appoint Site Engineer/ Supervisor, in case he himself is not undertaking the supervision
work.
vi) Inform Authority about Commencement of work on site.
vii) To verify the work at obligatory stages of plinth completion, completion of RCC structure and
superstructure completion to ensure work progress in conformity of approved drawings and dimensions.
viii) Inform Authority about reaching relevant stage of work where stage-wise approval from the authority is
required.
ix) Issue completion / part completion certificate for submission to the authority.
x) Inform in writing to the Authority in case of violation by Client during the period of appointment
xi) To assist and co-operate with the Authority and other officers in carrying out and enforcing the provisions of
Maharashtra Regional and Town Planning Act, 1966 and of any regulations for the time being in force under
the same.
xii) The above mentioned Architect's scope and responsibilities shall be similarly applicable for Landscape/
Heritage & Conservation Consultant, if any.
