4 Code of professional conduct
2.0 Professional Conduct:
An architect shall be required to comply with the standards of professional
conduct and etiquette and a code of ethics set out in clauses (i) to (xxv), read
with exceptions covered by sub-clauses (a) to (h) of sub-regulation (1) of
Regulation 2 of the Architects (Professional Conduct) Regulations, 1989.
Violation of any of the provisions of sub-regulation (1) shall constitute a
professional misconduct.
3.0 Client's - Owner's/ Occupant's duties and responsibilities:
The Owner - Client shall discharge all his obligations connected with the project
and engagement of the Architect in accordance with the Conditions of
Agreement as agreed upon. Further, the Client(s)-Owner(s) / Occupant(s) upon
completion of the building shall maintain it properly to safeguard and preserve
the longevity of the building.
4.0 Professional Negligence:
4.1 Negligence: "Negligence" of an architect means failure to take reasonable
degree of care in the course of his engagement for rendering professional
services.
4.2 Deficient Service:
4.2.1 "Deficiency", as defined under Section 2(1)(g) of the Consumer Protection
Act, 1986, means any fault, imperfection, shortcoming or inadequacy in the
quality, nature and manner of performance which is required to be maintained
by or under any law for the time being in force or has been undertaken to be
performed by a person in pursuance of a contract or otherwise in relation to any
service.
4.2.2 An architect is required to observe and uphold the Council's Conditions of
Engagement and Scale of Charges while rendering architectural services in
terms of Regulation 2 (1) (xii) of the Architects (Professional Conduct)
Regulations, 1989. Thus, failure to provide any service/services that is/are
necessary for discharge of his duties and functions for the project for which he
has been engaged, amount to deficient service.
4.3 Exceptions:
An architect is not liable for any liability, if the damage to the building has
occasioned in the following circumstances :
4.3.1 Use of building for the purposes other than for which it has been designed.
4.3.2 Any changes/ modifications to the building carried out by the
owner(s)/occupant(s) without the consent or approval of the architect who
designed and/ or supervised the construction of the building.
4.3.3 Any changes/alterations/modifications carried out by consulting another
architect without the knowledge and consent of erstwhile architect or without
obtaining No Objection Certificate from him.
4.3.4 Illegal/unauthorised changes/alteration/ renovations / modifications carried
out by the owner(s)/occupant(s).
4.3.5 Any compromise with the safety norms by the owner(s)/ occupant(s).
4.3.6 Distress due to leakage from terrace, toilets, water logging within the vicinity
of the building and that would affect the strength/stability of the structure or
general well-being.
4.3.7 Lack of periodical maintenance or inadequate maintenance by the
owner(s)/occupant(s).
4.3.8 Damages caused due to any reasons arising out of `specialised consultants'
deficient services with regard to design and supervision of the work entrusted to
them, who were appointed/ engaged in consultation with the Client.
4.3.9 Damages caused to the building for the reasons beyond the control of the
architect.
5.0 Professional Negligence and Deficiency in Services –
Professional Misconduct :
Any person aggrieved by the professional negligence and/ or deficiency
in services provided by the architect, the matter shall be referred to the
Council of Architecture under Rule 35 of the Council of Architecture
Rules, 1973, to adjudicate whether the architect is guilty of professional
misconduct or not.
6.0 Professional Liabilities:
6.1 Indemnity Insurance: The architect is required to indemnify the client
against losses and damages incurred by the client through the acts of the
Architect and shall take out and maintain a Professional Indemnity Insurance
Policy, as may be mutually agreed between the Architect and the Client, with
a Nationalised Insurance Company or any other recognized Insurance
Company by paying a requisite premium.
6.2 Maintenance of Record: The architect is required to maintain all records
related to the project for a minimum period of 4 years after the issuance of
Certificate of Virtual Completion.
6.3 Duration: The architect's liability shall be limited to a maximum period of
three years after the building is handed over to / occupied by the owner,
whichever is earlier.
7.0 Nature of Liability:
An architect is liable for the negligent act which he committed in the
performance of his duties. The action against an architect can be
initiated by the Client on satisfying the following conditions :
(a) There must exist a duty to take care, which is owed by an architect to
his client.
(b) There must be failure on the part of an architect to attain that
standard of care prescribed by law, thereby committed breach of such
duty;
and
(c) The client must have suffered damage due to such breach of duty.
7.1 Disciplinary action under the Architects Act, 1972
If an architect is found guilty of professional misconduct, he is liable for
disciplinary action by the Council of Architecture under Section 30 of the
Architects Act, 1972.
7.2 Civil and Criminal action in the Courts of Law
7.2.1 The disciplinary action taken by the Council of Architecture against the
architect who has been found guilty of professional misconduct does not absolve
him of his liabilities under the Code of Civil Procedure,1908 and the Code of
Criminal Procedure,1973, if any.
Some of the relevant laws include, The Law of Torts, The Consumer Protection
Act, 1986 and The Indian Penal Code 1860, etc.
* Prescribed under regulation 2(1)(xii) of the Architects Professional Conduct
Regulations, 1989. This revised document was approved by the Council of
Architecture at its 40th Meeting held on 12th and 13th April, 2002, vide
Resolution No. 303.
