Architect Act- 1972

An Act to provide for the registration of architects and for matters

connected therewith.
BE it enacted by Parliament in the Twenty-third Year of the Republic
of India as follows-
1. a.) This act may be called Architect Act- 1972.
b.) It extends to the whole of india.
c.) It shall come into force on such date that as the Central Govt.
may, by notofication in the Oficial Gazette, appoint.
2. In this act, unless the context otherwise requires,
a.) “Architect” means a person whose name is for the time
being entered in the register.
b.) “Council” means the Council of Architecture constituted
under section 3.
c.) “Indian Institute of Architects” means the Indian Institute of
Architects registered under the Societies Registration Act,
1860.
d.) “Recognised qualification” means any qualification in
architecture for the time being included in the Schedule or
notified under section 15.
e.) “Register” means the register of architects maintioned
under section 23.
f.) “Regulation” means a regulation made under this act by the
council.
g.) “Rule” means a rule made under this Act by the Central
Govt.

Council Of Architecture
 The Council of Architecture (COA) is a body corporate by
the Govermnent of India under the provisions of the Architects
Act, 1972.
 Made by the Parliament of India which came into force on 1st
September, 1972.
 The Act provides for registration of Architects, standards of
education, recognized qualifications and standards of practice to
be complied with by the practising architects.
 The Council of Architecture is charged with the responsibility to
regulate the education and practice of profession throughout
India besides maintaining the register of architects. For this
purpose, the Government of India has framed Rules and Council
of Architecture has framed Regulations as provided for in the
Architects Act, with the approval of Government of India.
 Any person desirous of carrying on the profession of
‘Architect’' must have registered himself with Council of
Architecture.
 For the purpose of registration, one must possess the
requisite qualification as appended to the Architects Act,
after having undergone the education in accordance with
the Council of Architecture (Minimum Standards of
Architectural Education) Regulations, 1983.
 The registration with Council of Architecture entitles a
person to practice the profession of architecture, provided
he holds a Certificate of Registration with up-to-date
renewals.
 The registration also entitles a person to use the title and
style of Architect.
 If any person falsely claims to be registered or misuses title
and style of architect, such acts tantamount to committing
of a criminal offence, which is punishable under section 36
or 37 (2) of the Architects Act, 1972.
 The practice of profession of an architect is governed by the
Architects (Professional Conduct) Regulations, 1989 (as
amended in 2003), which deals with professional ethics and
 etiquette, conditions of engagement and scale of charges,
architectural competition guidelines etc.

Why is it necessary that an Architect be

registered with the COA?
 It is very important that every qualified Architect, desirous
of carrying on the profession of ‘Architect’, be registered
with the Council of Architecture because any reference in
law to an Architect, shall be deemed to be a reference to an
Architect registered under the Act.

What does the registration with COA entitle?

 The registration with the Council of Architecture entitles:
 A person to practice the profession of Architecture, provided
he holds a Certificate of Registration with up-to-date
renewals.
 A person to use the title and style of Architect. The title and
style of Architect can also be used by a firm of Architects, of
which all partners are registered with COA.
 Limited Companies, Private/Public Companies, societies and
other juridical persons are not entitled to use the title and
style of Architect nor are they entitled to practice the
profession of Architecture.

Who is the qualified to be registered with the

COA?
 A person can have his name entered in the Register, on
payment of the prescribed fee, if he resides or carries out
the profession of Architecture in India and has the
necessary qualifications, after having undergone education
in accordance with the Council of Architecture – Minimum
Standards of Architectural Education Regulations, 1983.
What is the relevance of the Registration
Number?
 On entry in the Register, the Registrar issues a “Certificate
of Registration” in which the Council of Architecture’s
Registration Number is mentioned.
 This Registration Number has to be quoted by the Architect,
when signing on an Agreement or on any documents
related to the project for which the Architect has been
signed.

In what circumstances is an Architect not

registered?
 An Architect may not be registered in rare cases, if he has
not applied for registration or if he has not paid the
registration fee or renewed the registration.
 However in most cases, an Architect is not registered
because he does not hold a recognized qualification, or
because he has not successfully completed the Architecture
course, or because his name has been removed from the
register for some act of professional misconduct or for
some other reasons such as:
 If the Architect has died since the last publication of the
Register.
 If the Architect’s name had been entered by error or on
account of mis representation or suppression of material
fact.
 If the Architect has been convicted of any offence which
involves moral turpitude.
 If the Architect is an un discharged solvent.
 If the Architect has been adjudged by a competent court to
be of unsound mind.
 If any person whose name has been removed from the
Register fails to surrender his Certificate of Registration, he
shall be punishable with fine of one hundred rupees, and, in
 case of continued failure, with an additional fine of ten
rupees for each day thereafter.

The fee for registration and renewal shall be the

same and shall be at the rates shown below:

Architect- Rs.1000
Building Designer- Rs.750
Engineer A- Rs.1000
Engineer B- Rs.750
Town Planner A- Rs.1000
Town Planner B- Rs.750
Supervisor A- Rs.500
Supervisor B- Rs.300

Responsibilities & functions of registered

Architects, etc
(1) Plans and drawings shall be prepared strictly in conformity with
the provisions contained in the Act and the Rules and any direction
issued by Government or Municipality and a certificate to that effect
shall be recorded and signed in the plans and
drawings.
(2) A certificate of verification of site shall be recorded and signed in
the site plan.
(3) Plans and drawings shall only be prepared after inspecting the
site and convinced of the boundaries.
(4) The person issuing the certificate or affixing signature on the
plan, drawing or specification shall be responsible for the correctness
or truthfulness of the recording in the certificate or plan, drawings or
specifications.
(5) Function shall be restricted to the category on which registration
is obtained.
(6) Any person violating the rules under this chapter shall be liable to
action under subrules.
 Architect’s Fee
 Architects' fee structures are typically based on a percentage of
construction value, hourly rates or a fixed lump sum fee.
 Combinations of these structures are also common.
 Fixed fees are usually based on a project's allocated
construction cost and can range between 4 and 12% of new
construction cost, for commercial and institutional projects,
depending on a project's size and complexity.
 Residential projects range from 12 to 20%. Renovation projects
typically command higher percentages, as high as 15-20%.
 Overall billings for architectural firms range widely, depending
on location and economic climate.
 Billings have traditionally been dependent on the local economic
conditions but, with rapid globalization, this is becoming less of
a factor for larger international firms.
 Salaries also vary, depending on experience, position within the
firm (staff architect, partner or shareholder, etc.) and the size
and location of the firm.
 Salaries also vary, depending on experience, position within the
firm (staff architect, partner or shareholder, etc.) and the size
and location of the firm.

What do the Architect’s Fees Cover?

In consideration of the Comprehensive Professional Services
rendered by the Architect, he shall be paid a professional fee and
other charges in accordance with the Scale of Charges as prescribed
by the Council of Architecture. The fees paid to the Architect are for:
 The efforts involved in preparing designs,
 The cost involved in making drawings and other documents,
 The cost of supervision in terms of time of the Architect,
 1.) The fees paid to the different Consultants appointed by the
Architect,and
2.) Adequate compensation for responsibilities undertaken by the
Architect.

On what basis are the Fees of an Architect

calculated?
 The fees payable to the Architect shall be computed as a
percentage of the Actual Cost of the project works, as on
completion.
 The Actual cost of the project shall be the actual cost of the
completed building work as calculated on the accepted tenders,
including the cost of Structural, Sanitary, Plumbing and
Electrical work, Sanitary and Electrical fittings & fixtures, lifts,
escalators and all items on which the Architect has rendered
professional services, but shall exclude the cost of the Client’s
site office, cost of land and cost of supervisory staff at the site.
 The fees listed in the Scale of Charges is the minimum payable
for the Architect’s services. However, depending on the
requirement of the Client, the Architect may be willing to
provide you with advice and ideas for a reduced fee or taper
services to suit the Client’s budget. However, quoting less fees
and then furnishing partial or incomplete service would be
detrimental to the project and not in the interest of the Client.

Can the Fees of an Architect be made lump-sum

instead of a percentage?
The fees can become Lump-Sum Fees, if it is the intention and desire
of the Architect and Client that the fees be frozen at the time of
award of the Contract.
 Do the Architect’s Fees change in project cost
changes?
If there are substantial changes to the project, there will be
additional work for the Architect. To cover that contingency, the fees
should be renegotiated if the Project Cost substantially changes or
increases. Alternatively, the fees may be set as a percentage of the
actual cost, so it will automatically change if the project cost goes
up.

Who pays for the Consultant’s Fees- The

Architect or the Client?
The fees of the Consultants appointed by the Architect, shall be paid
by the Architectin accordance with the Conditions of Engagement
and Scale of Fees prescribed by the respective professional
Institutions.

Is Service tax included in the Architect’s Fees?

Any tax levied by law, such as Service Tax, etc contingent to
professional services rendered by the Architect, shall be payable by
the Client, over and above the gross fees charged by the Architect.

What are the Reimbursible expenses to be paid

to an Architect?
In addition to the fees payable, the Client will reimburse the
Architect towards actual expenses of the following:

1. Return air fare or first class A.C. train fare for any out-station
visits made by the Architect or his professional staff and first
class train fare for non-professional staff to the out-station site
in connection with the execution of work.
2. Actual lodging and boarding and local transport costs.
3. Cost of Presentation Drawings, Perspectives, models, computer
simulation etc., if required by the Client.
 STAGES OF ARCHITECTURE FEES
Roughly speaking, an Architect’s work is broken into 3 stages.

 The first stage is design and planning.

 The second stage is detailed working drawings, tender drawings
and tendering.
 The third stage is construction administration and supervision.

So if a Client wants only designs and planning only, the fees will be
approximately one third of the full fees.

If the Client wants only the design and working drawings necessary
for his Contractor to construct (and does not require the Architect’s
supervision), then the fees will be approximately half of the full fees.