1. Objective of Code
The objective of the Code of Professional Conduct is to promote the standard of professional conduct and self discipline required of Professional Architects in the interest of the public.
2. Compliance with Acts and rules
- A Professional Architect shall prior to commencing an architectural consultancy practice submit to the Board the proposed name of the architectural consultancy practice to obtain the approval of the Board.
- A Professional Architect shall not establish a branch office unless it is operated in accordance with the guidelines or circulars issued by the Board.
- All letterheads shall list only the names of the sole proprietor, partners or directors of the sole proprietorship, partnership or body corporate, respectively, with their respective qualifications and designation.
- A Professional Architect may be permitted to insert any announcements or felicitations in the press that are in accordance with the guidelines or circulars issued by the Board.
- A Professional Architect may use calling cards that shall contain accurate particulars concerning his qualification and designation.
- A Professional Architect may –
- with the consent of the Board, place a signboard in a building indicating that he or his architectural consultancy practice is the Professional Architect or architectural consultancy practice that provided architectural consultancy services in respect of the building;
- exhibit a signboard containing the name of his architectural consultancy practice outside his office or branch offices, if any; or
- exhibit his name or the name of his architectural consultancy practice on a signboard in relation to the construction, alteration or extension of a project, where architectural consultancy services in respect of that project are currently being provided by him or his architectural consultancy practice,
- provided that all the statutory requirements in relation to signboards have been complied with and the signboard is in accordance with the guidelines or circulars issued by the Board.
- A Professional Architect shall only participate in architectural competitions conducted or approved by the Board and in accordance with the guidelines or circulars issued by the Board.
3. Faithful discharge of duties and obligations
- A Professional Architect shall maintain a professional standard of service and competence in areas relevant to his professional work by continually upgrading his professional knowledge and skill.
- A Professional Architect shall ensure that his employees are competent and adequately supervised to perform the task to the standard normally expected and accepted by the profession, and shall not by misrepresentation, fraud or deceit undermine the confidence of persons dealing with the Professional Architect or his employees
- A Professional Architect shall administer the building contract competently and responsibly and shall be impartial in any dispute that may arise between the client and the building contractor.
- A Professional Architect shall only undertake architectural consultancy services where he can ensure that he possesses adequate knowledge, abilities and resources to fulfill his commitments to his client in every respect.
- A Professional Architect shall exercise a reasonable standard of skill and diligence normally expected and accepted by his profession in respect of but not limited to the following :
- all forms of certification;
- contract administration;
- site supervision; and
- compliance of statutory requirements.
A Professional Architect shall prior to commencing architectural consultancy services, notify the client in writing of the conditions of engagement and the scale of professional fees and charges, including the method of calculating the fees, in respect of the following :
- scope of work;
- allocation of responsibilities;
- limitation of responsibilities, if any;
- termination of architectural consultancy services,
and shall, within sixty days from the date the notification is duly served on the client, obtain the client’s agreement in writing regarding the conditions of engagement and the scale of professional fees and charges.
- Notwithstanding subparagraph (6), where the client’s agreement in writing is not obtained within the period as stipulated in subparagraph (6) but the client agrees by his conduct to the conditions of engagement and the scale of professional fees and charges, the client shall for the purposes of subparagraph (6) be considered to have agreed to such conditions of engagement and scale of professional fees and charges.
- A Professional Architect shall not certify, affix or put his signature to drawings, plans or specifications which are not prepared by him, his employees or persons under his supervision for the purpose of obtaining the approval from the relevant Authority.
4. Professional integrity
- A Professional Architect, while practising his profession, shall not –
- carry on or engage in any trade or business which is inconsistent with the fitting and proper discharge of his professional duties; or
- hold, assume or consciously accept a position in any trade or business in which his interest is in conflict with his professional duty,
- unless he has declared his interest to his clients in writing.
- A Professional Architect shall not serve as an arbitrator if he is also the developer or the builder for the contract.
- A Professional Architect may act as a turnkey operator or package deal contractor, provided that in carrying out such activities he does not contravene this Code.
- A Professional Architect shall not endorse any material, component, services or product relating to the construction industry by the use of comparative statements.
- A Professional Architect shall not make misleading, deceptive or false statements or claims about his professional qualifications, experience or performance and shall accurately state the scope and nature of his responsibilities in connection with work for which he is claiming credit.
- A Professional Architect may publish or consent to the publication of -
provided that such illustration, article, circular, brochure, book or any other media of presentation of the project or subject is factual, relevant, not misleading or unfair to others.
- illustrations, articles or any other media of presentation of any project for which he has been responsible, whether individually or in collaboration with others; or
- any subject for which he, either individually or in collaboration with others, had written in the form of an article, circular, brochure, book or any other media of presentation,
- A Professional Architect may advertise his professional services by any public means, where such advertisement is in accordance with the guidelines or circulars issued by the Board.
- For all matters specified in subparagraphs (6) and (7), the publication or any other permitted advertisement of such matters shall not contain any comparative or superlative description of the Professional Architect or his architectural consultancy practice.
- A Professional Architect may advertise for the invitation of tenders concerning a project, a professional appointment or the change of the particulars of the architectural consultancy practice, where such advertisement is in accordance with the guidelines or circulars issued by the Board.
- A Professional Architect may participate in forum or be interviewed by the media in a manner not otherwise prohibited by this Code, where the object of such forum or interview is to promote interest in architecture, the profession or the built-environment.
- A Professional Architect shall observe the confidentiality of his client’s affairs and shall not disclose confidential information without the prior written consent of the client, unless ordered by the court or other lawful authority.
- A Professional Architect shall not give or offer remuneration or other inducements for the introduction of a client or work.
- A Professional Architect shall not accept any discount, gift, commission or any form of inducement from contractors, tradesmen or suppliers in connection with the works and duties entrusted to him and shall not permit his employees to receive such discount, gift, commission or inducement.
- A Professional Architect shall not permit the insertion of any clause in tenders, bills of quantities or other contract documents which provides for payments to be made to him by the contractor whatever may be the consideration, unless it is in accordance with the guidelines or circulars issued by the Board and with the full knowledge of his client.
- A Professional Architect if appointed as a member of a governmental or statutory body with the power to approve development applications, shall, if he has any interest in such applications declare his interest and shall not take part in the decision making process of such development applications in which he or his architectural consultancy practice is directly or indirectly involved.
- A Professional Architect shall not fail to disclose to his clients, owners or contractors significant circumstances known to him that could be construed as creating a conflict of interest and shall ensure that such conflict does not compromise legitimate interests of such persons or interfere with the Professional Architect’s duty to render impartial judgement of contract performance by others.
- The professional services of a Professional Architect who carries on business as an architectural consultancy practice shall be remunerated solely by fees payable by his client. The services of a Professional Architect in employment shall be paid by salary and other benefits agreed with his employer and he shall be debarred from any other source of remuneration in connection with such services rendered.
5. Respect for the legitimate rights and interests of others
- A Professional Architect shall not attempt to supplant another person registered under this Act who has already been engaged by a client nor shall he compete with another person registered under this Act to secure a commission by a reduction of fees or otherwise.
- A Professional Architect may be paid professional fees for providing an independent opinion on the works of another Professional Architect, provided that the client engages him for that purpose and that he assumes responsibility for such opinion.
- Nothing in this Code shall prohibit a Professional Architect who is a director of a registered corporation from receiving remuneration for services as a director.
- A Professional Architect shall at all times act honourably towards other persons registered under this Act.