PROFESSIONAL PRACTICE & BUILDING REGULATIONS

B – ARCH
5 TH YR – I0 TH SEM
PRESENTED BY – Ar. Durgesh N. Patro
UNIT 2

Professional Responsibilities and Liabilities of the architects, Responsibilities of Client and

Contractor(s), copy rights, scale of charges, variation of charges, mode of payment,
termination of services. Arbitration. Specialized building services. Professional Service Tax.

Architectural Competitions: Its purpose, Types of Architectural competitions, Its guidelines

for participation, prizes, assessment, etc.
PROFESSIONAL CONDUCT AND REGULATIONS 1989
 Professional Conduct and Regulations, 1989

1. Every architect, either in practice or employment, subject to the

provisions of the Central Civil Services (Conduct) Rules, 1964 or any
other similar rules applicable to an Architect, he shall :-

i. ensure that his professional activities do not conflict with his

general responsibility to contribute to the quality of the environment
and future welfare of society,
ii. apply his skill to the creative, responsible and economic
development of his country,
iii. provide professional services of a high standard, to the best of his
ability,
iv. if in private practice, inform his Client of the conditions of
engagement and scale of charges and agree that these conditions
shall be the basis of the appointment,
v. not sub-commission to another Architect or Architects the work for
which he has been commissioned without prior agreement of his
Client,
 Professional Conduct and Regulations, 1989

vi. not give or take discounts, commissions, gifts or other inducements for
the introduction of Clients or of work,
vii. act with fairness and impartiality when administering a building contract,
viii. maintain a high standard of integrity,
ix. promote the advancement of Architecture, standards of Architectural
education, research, training and practice,
x. conduct himself in a manner which is not derogatory to his professional
character, nor likely to lessen the confidence of the public in the profession,
nor bring Architects into disrepute,
xi. compete fairly with other Architects,
xii. observe and uphold the Council's conditions of engagement and scale
of charges,
xiii. not supplant or attempt to supplant another Architect,
xiv. not prepare designs in competition with other Architects for a Client
without payment or for a reduced fee (except in a competition conducted in
accordance with the Architectural competition guidelines approved by
the Council),
 Professional Conduct and Regulations, 1989
xv. not attempt to obtain, offer to undertake or accept a commission for
which he knows another Architect has been selected or employed until he
has evidence that the selection, employment or agreement has been
terminated and he has given the previous Architect written notice that he is
so doing : provided that in the preliminary stages of works, the Client may
consult, in order to select the Architect, as many Architects as he wants,
provided he makes payment of charges to each of the Architects so
consulted,
xvi. comply with Council's guidelines for Architectural competitions and
inform the Council of his appointment as assessor for an Architectural
competition ,
xvii. when working in other countries, observe the requirements of codes of
conduct applicable to the place where he is working ,
xviii. not have or take as partner in his firm any person who is disqualified
for registration by reason of the fact that his name has been removed form
the Register under Section 29 or 30 of the Architects Act, 1972 ,
xix. provide their employees with suitable working environment, compensate
them fairly and facilitate their professional development,
 Professional Conduct and Regulations, 1989

xx. recognize and respect the professional contribution of his employees,

xxi. provide their associates with suitable working environment, compensate
them fairly and facilitate their professional development,
xxii. recognize and respect the professional contribution of his associates,
xxiii. recognize and respect the professional contribution of the consultants,
xxiv. enter into agreement with them defining their scope of work,
responsibilities, functions, fees and mode of payment ,
xxv. shall not advertise his professional services nor shall he allow his name
to be included in advertisement or to be used for publicity purposes save
the following exceptions :-
- notice of change of address may be published on three occasions
and correspondents may be informed by post,
- an Architect may exhibit his name outside his office and on a
building, either under construction or completed, for which he is or
was an Architect, provided the lettering does not exceed 10 cm. in
height ,
Professional Conduct and Regulations, 1989
- advertisements including the name and address of an Architect
may be published in connection with calling of tenders, staff
requirements and similar matters,
- may allow his name to be associated with illustrations and
descriptions of his work in the press or other public media but he
shall not give or accept any consideration for such appearances,
- may allow his name to appear in advertisements inserted in the
press by suppliers or manufacturers of materials used in a building
he has designed, provided his name is included in an
unostentatious
manner and he does not accept any consideration for its use,
- may allow his name to appear in brochure prepared by Clients
for the purpose of advertising or promoting projects for which he
has been commissioned,
- may produce or publish brochures, pamphlets describing his
experience and capabilities for distribution to those potential
Clients whom he can identify by name and position ,
- may allow his name to appear in the classified columns of the
trade / professional directory and/or telephone directory/ website.
 Professional Conduct and Regulations, 1989

2. In a partnership firm of architects, every partner shall ensure that such

partnership firm complies with the provisions of the sub-regulation (1).

3. Violation of any of the provisions of sub-regulation (1) shall constitute a

professional mis-conduct.
PROFESSIONAL RESPONSIBILITIES AND LIABILITY OF
ARCHITECT,CONDITIONS OF ENGAGEMENT AND
SCALE OF CHARGES UNDER ARCHITECTS (
PROFESSIONAL CODUCT ) REGULATIONS, 1989
 ARCHITECTS – PROFESSION AND BACKGROUND

- An architectural business may provide a variety of services to their

clients. These services generally include consultation, design, and
supervision of design of commercial, governmental, and residential
structures or buildings. The plans, specifications, and other related
documents that are produced in the design phase are called
construction documents.
- Architects are licensed professionals trained in the art and science
of building design who develop the concepts for structures and turn
those concepts into images and plans.
- Architects may be involved in all phases of a construction project,
from the initial discussion with the client through the final delivery of
the completed structure. Their duties require specific skills -
designing, engineering, managing, supervising, and communicating
with clients and builders. Architects spend a great deal of time
explaining their ideas to clients, construction contractors, and
others.
 ARCHITECTS – PROFESSION AND BACKGROUND

- The architect and client discuss the objectives, requirements, and budget of
a project. In some cases, architects provide various pre design services:
conducting feasibility and environmental impact studies, selecting a site,
preparing cost analysis and land-use studies, or specifying the requirements
the design must meet. For example, they may determine space requirements
by researching the numbers and types of potential users of a building. The
architect then prepares drawings and a report presenting ideas for the client
to review.
- Architects may also assist clients in obtaining construction bids, selecting
contractors, and negotiating construction contracts. As construction
proceeds, they may visit building sites to make sure that contractors follow
the design, adhere to the schedule, use the specified materials, and meet
work quality standards. The job is not complete until all construction is
finished, required tests are conducted, and construction costs are paid and a
Certificate of Occupancy has been issued. Sometimes, architects also
provide post construction services, such as facilities management. They
advise on energy efficiency measures, evaluate how well the building design
adapts to the needs of occupants, and make necessary improvements.
 “ In the architectural profession,
technical knowledge, management,
and an understanding of business are
as important as design.”
 PARTICIPANTS IN THE CONSTRUCTION INDUSTRY

There are numerous participants that take part in the construction process.
The key participants are listed below
- Contractors - Subcontractors
- General/Prime Contractors - Highway Contractors
- Construction Managers - Heavy Construction Contractors
- Commercial Contractors - Architects
- Commercial Project Owners - Engineers
- Residential Construction Developers - Material Suppliers
- Construction Lenders - Surety Companies
Each of the above participants can and often do have multiple roles in the
construction process. For example, the owner could also be the general
contractor (builder/developer). The general contractor in addition to
providing supervision may also do specialty work that would typically be
subcontracted (for example, concrete work). Construction lenders frequently
hold an equity position in a development partnership in order to participate
in the management decisions and to share in the profits. Anchor tenants,
such as major department store chains participate in the development
partnership in exchange for signing long-term leases. Contractors and
material suppliers can obtain rights in the project by filing mechanics liens
against the property.
 SERVICES OFFERED BY ARCHITECTS

The professional services, rendered by Architect means the services rendered

pursuant to the conditions of engagement and the agreed scale of charges
entered into between the Client and the Architect .in their agreement.
“Service”, under the consumer protection act, means service of any
description which is made available to potential users & includes the
provision of facilities in connection with banking , financing insurance,
transport, housing construction etc ,. But does not include the rendering of
any service free of charge. Professional service by an Architect , falls under
the ambit of “Service” and service tax has to be paid for his services by the
client. Architects have to comply with professional conduct , and etiquette
and code of ethics of the Architects regulations 1989 , violations of any of
the provisions shall constitute professional mis-conduct. In its broadened
scope & baffling complexity, Architecture has generated specializations such
as Structural Design , Urban Design ,Landscape Architecture, Interior design
, The Recent specializations also include Retrofitting of buildings,
Architecture conservation & Construction Management. Architectural design
is essentially a product of an individual mind but realized through
association of experts from allied fields who contribute in the process of
construction for ensuring the high quality of the end product.
 COMPREHENSIVE ARCHITECTURAL SERVICES

Architect is required to provide following services :

1. Preparing Design Brief - Taking Client's instructions and

preparing design brief.
2. Site Evaluation – Analysis of impact of existing and / or
proposed development on its immediate environs.
3. Design and Site development.
4. Structural Design.
5. Sanitary, plumbing, drainage, water supply and sewerage
system.
6. Designing Electrical Services - Electrical, electronic,
communication systems and design.
7. Designing HVAC - Heating, ventilation and air
conditioning design (and other mechanical systems).
8. Designing Mechanical System -Elevators, escalators, etc.
9. Disaster Management– Fire detection, fire protection and
Security systems etc.
10. Periodic inspection - Evaluation of Construction works.
 SCHEDULE OF ARCHITECTURAL SERVICES

The Architect shall, after taking instructions from the client, render
the following services :

Architectural services are rendered in 7 stages

Stage 1: CONCEPT DESIGN

Stage 2 : PRELIMINARY DESIGN AND DRAWINGS
Stage 3 : DRAWINGS FOR CLIENTS/STATUTORY APPROVALS
Stage 4 : WORKING DRAWINGS & TENDER DOCUMENTS
Stage 5 : INVITE, RECEIVE AND ANALYSE TENDERS : ADVISE
CLIENT ON APPOINTMENT OF CONTRACTORS
Stage 6 : CONSTRUCTION & SUPERVISION
Stage 7 : COMPLETION
 SCALE OF FEES AND CHARGES
PROFESSIONAL FEE :

- In consideration of the professional services rendered by the Architect,

he/she shall be paid professional fee and other charges in accordance with
the Scale of Charges.
- 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 charges by the Architect in relation to he service
provided.

SCHEDULE OF PAYMENT :

The Architect shall be paid professional fee in the following stages consistent
with the work done plus other charges and reimbursable expenses as agreed
upon :

RETAINER
On appointment/ signing of agreement/ Acceptance of offer --- Rs 20M or
5% of the total fees payable, whichever is higher, adjustable at the last
stage.
 SCALE OF FEES AND CHARGES

STAGE 1

On submitting conceptual designs and rough estimate of cost --- 10% of the
total fees payable.

STAGE 2

On submitting the required preliminary scheme for the Client's approval

along with the preliminary estimate of cost --- 20% of the total fees payable
less payment already made at Stage 1

STAGE 3

a. On incorporating Client's suggestions and submitting drawings for

approval from the Client/ statutory authorities, if required --- 30% of the
total fees payable less payment already made at Stages 1 and 2.
b. Upon Client's / statutory approval necessary for commencement of
construction, wherever applicable --- 35% of the total fees payable less
payment already made at Stages1 to 3a.
 SCALE OF FEES AND CHARGES

STAGE 4

Upon preparation of working drawings, specifications and schedule of

quantities sufficient to prepare estimate of cost and preparation of tender
documents --- 45% of the total fees payable less payment already made at
Stages1 to 3b.

STAGE 5

On inviting, receiving and analyzing tenders; advising Client on

appointment of contractors --- 55% of the total fees payable less payment
already made at Stages 1 to 4.
 SCALE OF FEES AND CHARGES
STAGE 6

a. On submitting working drawings and details required for commencement of work

at site --- 65% of the total fees payable less payment already made at Stages 1 to 5.
b.
(i) On completion of 20% of the work --- 70% of the total fees payable less payment
already made at Stages 1 to 6a.
(ii) On completion of 40% of the work --- 75% of the total fees payable less payment
already made at Stages 1 to 6b(i).
(iii) On completion of 60% of the work --- 80% of the total fees payable less payment
already made at Stages 1 to 6b(ii).
(iv) On completion of 80% of the work --- 85% of the total fees payable less payment
already made at Stages 1 to 6b(iii).
(v) On Virtual Completion --- 90% of the total fees payable less payment already
made at Stages 1 to 6b(iv).

STAGE 7

On submitting Completion Report and drawings for issuance of completion/

occupancy certificate by statutory authorities, wherever required and on issue of as
built drawings ---100% of the fees payable less payment already made at various
stages and retainer.
EFFECTING PAYMENT TO THE ARCHITECT

The fee payable to the Architect shall be computed on the actual cost of works on
completion. The payment due to the Architect at different stages be computed on the
following basis :

Retainer : On rough estimate of cost.

At Stage 1 : On rough estimate of cost.
At Stage 2 to 4 : On preliminary estimate of cost.
At Stages 5 to 6b : Accepted tender cost.
At Stage 7 : Actual total cost.

Progressive, on account, payments shall be made by the Client to the Architect against any
of the above stages based on the quantum of work done during that stage, as may be
mutually agreed to between the Client and the Architect.

No deductions shall be made from the fee of the Architect on account of penalty, liquidated
damages, part rates or other sums withheld from payment on recovered from
contractors/suppliers.

The actual cost of the completed works shall include cost of execution of assigned works,
referred to in Scope of Work and also the cost of equipment and machinery such as
Transformers, DG Sets, Sub-stations, Lifts, Pumps and Motors, Water and Sewage
Treatment plant etc., but excluding the cost of land.
DOCUMENTATION AND COMMUNICATION CHARGES :

Apart from the professional fee, the Client shall pay to the Architect Documentation and
Communication charges, @ 10% of the professional fee payable to the Architect at all
stages.

REIMBURSABLE EXPENSES :

In addition to the amounts reimbursable against site visits by the Architect/ Consultant, the
Client will reimburse the Architect the following expenses incurred by him for discharge of
his obligations :

- Actual cost of travel ( to & fro ), boarding and lodging and local transport for
any visit made by his staff to the site or such other place as may be necessary in connection
with the execution of work and in connection with the performance of duties referred to in
this agreement.
- Cost of presentation models, computer simulation, presentation drawings, etc.,
prepared at the instance of the client for purpose other than the Design and execution of
the project.
CLIENT’S ROLE AND RESPONSIBILITIES :

The client shall discharge all his obligations connected with the project and engagement of
the Architect as follows :

- To provide detailed requirements of the project.

- To provide property leases/ownership documents.
- To provide a site plan to a suitable scale, showing boundaries, contours at suitable
intervals, existing physical features including any existing roads, paths, trees, existing
structures, existing service and utility lines and such lines to which the proposed service can
be connected. In case such information is not readily available, the client shall arrange for
the survey/ collection of necessary information and pay for the same.
- To furnish reports on soil conditions/ Statutory Stipulations/ Codes of Practice / Schedule
of rates etc., desired to be followed.
- To pay all the fees, levies , security deposits and expenses in respect of statutory sanction.
- To give effect to the professional advice of the Architect and cause no changes in the
drawings and documents without the consent of the Architect.
- To honor Architect’s bills within one month of its submission.
- To appoint a Construction Manager ( Clerk of works/ Site Supervisor or Construction
Management Agency in case of a large and complex project ) as per the Architect’s advice.
EXECUTION OF THE ASSIGNMENT :

- The Architect shall keep the Client informed about the progress of work in his office.
- The Architect shall appoint specialized consultants in consultation with the client, if
necessary.
- The Architect shall be responsible for the direction and integration of the consultants work.
The consultants, however, shall be fully responsible for the calculations, the detailed design
and periodic inspection and evaluation of the work entrusted to them.
- The Architect will advise the client on the time schedule prepared by the contractors for
the completion of work, if required.
- The Architects shall supply to the client, free of cost, up to six sets of drawings at different
stages.
- Any professional services rendered by the Architect at the instance of the client after the
agreed project completion period shall be compensated for on mutually agreed terms.
- Any revision in the drawings, tenders and documents, once approved, required to be
made by the client shall be compensated as additional services rendered by the Architect
and paid for @ 50% of the fee prescribed for the relevant stage(s).
- No change shall be made in the approved drawings and specifications at site without the
consent of the Architect.
- Any curtailment of the professional services, beyond Stage 2, shall make it obligatory for
the client to pay at least 20% of the fee for the remaining stage(s) of the curtained
work/services.
TIME SCHEDULE :

The Architect shall, in consultation with the client, prepare a Time Schedule in respect of
various services to be rendered and discharge of Client’s obligations.

IDEMNIFICATION :

In the event that a claim or suit is brought against the Architect or the Consultants by any
third party for damages arising from personal injury or property damage caused wholly by
the client, or anyone employed by the Client, or anyone for whose acts the Client may be
held responsible, then the client shall idemnify the Architect and fully reimburse any loss,
damage or expenses, including the attorney’s fees, which the Architect may incur in
connection therewith.

OWNERSHIP OF COPYRIGHT :

Architectural design is an intellect property of the Architect. The drawings, specifications,

documents and models as instruments of service are the property of the Architect whether
the project, for which they are made, is executed or not. The Client shall retain copies of
the Architect’s drawings, models, specifications and other documents for his information
and use in connection with the project.
TERMINATION OF AGREEMENT

- Agreement between the Architect and the client may be terminated by either one giving
the other a written notice of not less than 30 (thirty) days, should either fall substantially to
perform his part of responsibilities/duties, so long as the failure is not caused by the one
initiating the termination.
- When termination of this Agreement is not related or attributable, directly or indirectly to
any act, omission, neglect or default on the part of the Architect, the Architect shall be
entitled to professional fees as stipulated under Clause 4 and sub-clauses 9.09 and 9.11
of clause 9.
- In the event of Architect’s firm closing its business or the Client having terminated the
agreement, the client shall have the right to employ another Architect to complete the work,
after making payment to the previous architect’s firm.

INTERPRETATION

In case of any ambiguity or difficulty in the interpretation of the Conditions of Engagement

and Scale of Charges, the interpretation of the Council of Architecture shall be final and
binding on the Architect and the Client.
ARBITRATION

All disputes or differences which may arise between the Client and the Architect under
“Conditions of Engagement and Scale of Charges” with regard to the meaning or
interpretation or matter or things done or to be done in pursuance hereof, such disputes
and differences shall be referred for Arbitration to the Council of Architecture.
The Arbitrator shall be appointed by the President, COA. The Arbitration shall be
conducted as per the provisions of the Arbitration and Conciliation Act, 1996. The decision
and award of the arbitrator shall be final and binding on the Architect and the Client.

ARBITRATION (Alternate Definition )

Arbitration is a private, contractual form of dispute resolution. It provides for

the determination of disputes by third party arbitrator or arbitration panel, selected by the
parties to the dispute. Disputes are resolved on the basis of material facts, documents and
relevant principles of law.

The arbitration process is administered by an appointed arbitrator subject to any

relevant contractual rules and subject to the statutory regulatory framework applied by
the domestic courts. There are only limited rights of appeal and legal costs are usually
awarded to the successful party.
ADVANTAGES :

- It is private - there is no public record of any proceedings, although not necessarily

confidential.
- Speed, although this depends very much on the manner in which the arbitrator conducts
the arbitration.
- The parties can agree on an arbitrator with relevant expertise in the matter. The
arbitrators award can be enforced as a judgement of the court.

DISADVANTAGES :

- The parties must bear the costs of both the arbitrator and the venue.
- Sometimes arbitration simply mimics court processes and so you do not get the
advantage of informality and speed.
- Limited powers of compulsion or sanction if one party fails to comply with directions of
the arbitrator, which can significantly slow down the process.
- The arbitrator has no power to make interim measures such as for the preservation of
property.
- Limited appeal rights.
 SERVICE TAX ON ARCHITECT’S SERVICE

DEFINITION AND SCOPE OF SERVICE:

“Taxable Service” means any service provided or to be provided to any person, by an

architect in his professional capacity, in any manner;
[Section 65 (105) (p) of Finance Act, 1994 as amended]

“Architect” means any person whose name is, for the time being, entered in the
register of architects maintained under section 23 of the Architect Act,1972 (20 of
1972) and also includes any commercial concern engaged in any manner, whether
directly or indirectly, in rendering services in the field of architecture;
[Section 65(6) of Finance Act, 1994 as amended]

RATE OF TAX AND ACCOUNTING CODE :

CLASSIFICATION OF TAXABLE SERVICES:

(1) The classification of taxable services shall be determined according to the terms
of the sub-clauses (105) of section 65;
(2) When for any reason , a taxable service is prima facie, classifiable under two or
more sub-clauses of clause (105) of section 65, classification shall be effected as
follows :-
(a) the sub-clause which provides the most specific description shall be
preferred to sub-clauses providing a more general description;
(b) composite services consisting of a combination of different services
which cannot be classified in the manner specified in clause (a), shall be classified as
if they consisted of a service which gives them their essential character, in so far as this
criterion is applicable;
(c) when a service cannot be classified in the manner specified in clause
(a) or clause (b), it shall be classified under the sub-clause which occurs first among
the sub-clauses which equally merits consideration.

( Sec.65A of Finance Act,1994)

 ARCHITECTURAL COMPETITIONS: ITS PURPOSE,
TYPES OF ARCHITECTURAL COMPETITIONS, ITS
GUIDELINES FOR PARTICIPATION, PRIZES,
ASSESSMENT, ETC.
 ARCHITECTURAL COMPETTITIONS : GUIDELINES
GUIDELINES FOR COMPETTITIONS

INTRODUCTION :

The purpose of these Guidelines is to indicate the principles upon which competitions will be
conducted and the rules which must be observed by a promoter for conducting
competitions.
These guidelines have been drawn up in the interest of both the promoter and the
competitor and to ensure that the architectural competitions are properly conducted and
that selection of the design will be on merit alone and will satisfy the promoter's
requirements.
The Code of Professional Conduct of the Council of Architecture does not allow Architects to
give unpaid services in competition with each other and competitive designs shall only be
submitted through competition organised within the framework of these guidelines.

GUIDELINES :

ARTICLE 1 : ELIGIBILITY TO COMPETE

Participation in any and all competitions shall be open to:

1. Architects i.e those who are registered with the Council of Architecture under
the Architects Act, 1972 on the date of announcement of the competition and thereafter.
 ARCHITECTURAL COMPETTITIONS : GUIDELINES

2. Firms in which all the partners shall be registered with the Council of
Architecture under the Architects Act, 1972 on the date of announcement of the competition
and thereafter.1

3. Students of a Teaching Institution, the qualifying examination of which is

recognised by the Council of Architecture provided that no member of the staff of the said
institution is the sole Assessor or in a jury of three or more Assessors, only one Assessor is
from the staff of the said institution.

4. Neither the Promoter of the competition, Assessor/s engaged for the

competition nor any of their associate, partner or employee shall compete, assist a
competitor or act as an architect or joint architect for the competition project.

Competitor may be requested to submit a proof of qualification, copy of his valid

Registration certificate issued by the Council of Architecture, and in case of a student, a
certificate from the head of his institution which is qualified as per 3 above.

ARTICLE 2 : COMPETITION

1. The word 'Competition' shall apply to any competition described in Schedule 1

and participation shall be open only to those qualified as per Article 1.
 ARCHITECTURAL COMPETTITIONS : GUIDELINES

2. The draft competition conditions including time table, registration fees, prize
monies/honoraria, board of assessors, the programme etc. of competitions shall have been
finalised within the framework of the guidelines prescribed by the Council of Architecture
before any announcement is made by the promoter of the competition.

3. The conditions of the competitions shall clearly give:

- Conditions based upon guidelines prescribed by the Council of Architecture.
- Type of Competition.
- Purpose of the competition and intentions of the promoter.
- Nature of the problem to be solved.
- All practical and mandatory requirements to be met by the competitors.
- Number, nature, scale and dimensions of the documents, plan and/or models.
- Estimates if required in standard form issued with the conditions.
- Nature of prizes.
- Names of Assessors.
- Necessary information required for conducting the competition.

4. The competition shall be conducted in English.

5. All competition designs shall be submitted anonymously.

 ARCHITECTURAL COMPETTITIONS : GUIDELINES

ARTICLE 3 : BOARD OF ASSESSORS

The Board of Assessors shall at all times include Architects who are registered with the
Council of Architecture and shall be in a majority of at least one.

ARTICLE 4 : PRIZES, HONORARIA & MENTIONS

No competition shall be conducted without adequate premium/honoraria and the

competition conditions and the media announcements must state the amounts and number
of prizes for the open competition and the amount of premium or honorarium to each
competitor in a limited competition and in the second stage of a two stage competition.

ARTICLE 5 : COPYRIGHT & RIGHT OF OWNERSHIP

Each competitor shall retain Copyright in his own competition design.

Each competitor shall retain the right of reproduction of his own competition design.

ARTICLE 6 :

All competition designs including those disqualified by the Board of Assessors shall be
exhibited for at least one week, together with a copy of the signed report of the Board of
Assessors. The exhibition shall be open to public free of charge.
 ARCHITECTURAL COMPETTITIONS : TYPES OF COMPETTITIONS

1. PROJECT AND IDEAS COMPETITIONS

Competitions may be either "Projects" or "Ideas" competitions or in certain circumstances a

combination of both. The aim of a Project competition is to find the best solution for an
actual building project and to appoint its author to carry out the commission. Competitions
of Ideas are set as an exercise to elucidate certain aspects of architectural and town
planning problems. The winner of such a competition may not be commissioned to carry out
the project, and hence students of architecture may participate at the discretion of the
promoter.

2. CLASSIFICATION OF COMPETITIONS

(I) OPEN COMPETITIONS

Competitions in which all Architects are invited to participate through an announcement by
advertisements in suitable media and through circulars which may be issued by the
promoters.
Open competitions for projects estimated at less than Rs. 10,00,000/-may be restricted to
Architects who have their main or branch office in the State of the project site.

(II) LIMITED COMPETITIONS FOR COMPETITIONS BY INVITATION

Competitions in which limited amount of Architects (approx. 5 to 8) selected by the promoter
on the advice of the Senior Architect Assessor or Board of Assessors, are invited to
participate. Each participant who submits his designs shall receive an honorarium.
 ARCHITECTURAL COMPETTITIONS : TYPES OF COMPETTITIONS

(III) SPECIAL COMPETITIONS

Besides competitions described in (i) and (ii) above a competition may also combine town
planning as well as design problem, and may involve the use of industrial components or
participation of developers. In such competitions participation may be required to be limited
to professionals or group of professionals with certain definite expertise. In such cases the
competition announcement shall clearly define the field of expertise.

3. COMPETITION ORGANISATION

Competitions may be organised in one or two stages.

(I) SINGLE STAGE COMPETITION

In single stage competition the competition entries shall be fairly complete drawings i.e.
plans, section, elevations, etc. to a suitable scale and sufficient to explain the scheme as set
out in the competition conditions. The designs so submitted shall be assessed by the
Assessors for the award of the prizes and the appointment of the architect. Such
competitions are recommended for small and simple project.

(II) TWO STAGE COMPETITIONS

In two stage competition, the first stage is for soliciting ideas and therefore the competition
entries at this stage would be limited to planning on broad basis and drawings to a suitable
scale sufficient to indicate the intentions of the competitor.
 ARCHITECTURAL COMPETTITIONS : TYPES OF COMPETTITIONS

Designs submitted in the first stage shall be assessed by the Assessors for selecting a small
number of competitors (between 5 and 10). The author of these selected designs will be
invited to take part in the second stage of the competition, and each architect so invited
would be paid a specified sum.

In order to maintain anonymity, each competitor will be informed individually whether he has
been or has not been invited to participate in the second stage. Correspondence in this
respect will be the responsibility of the Promoter or Professional Adviser, if appointed. It will
also be his responsibility to ensure that the names of those invited and those rejected are not
revealed either to the assessor or to any person.

To ensure this anonymity the envelopes containing the names of the competitors shall be
opened by the Promoter or Professional Adviser if appointed. After the intimation has been
sent to each competitor they shall be resealed until the final award.

After the end of the first stage, the Board of Assessors, may, if found necessary and with the
approval of the Promoter, clarify or amplify points in the competition conditions for the
benefit of the second stage competitors. Such clarification or amplification shall not in any
way disclose directly or indirectly or even inadvertently any of the designs submitted in the
first stage to those invited for the second stage.
 ARCHITECTURAL COMPETTITIONS : TYPES OF COMPETTITIONS

The period between the Assessors award for the first stage and submission of designs for the
second stage shall not exceed six months. Only under exceptional circumstances period may
be extended.

The second stage of the competition may be limited to only a part of the subject dealt with
in the first stage. Members of the Board of Assessors shall be the same for first stage and
second stage of the competition.

The designs submitted for both the first stage and the second stage shall be exhibited and/or
published only after the final award of the second stage competition.
If any design selected for the second stage is published or exhibited before the final award
of the second stage has been declared, it will be disqualified.

Two stage competitions are recommended for town planning and for large scale or complex
project.

III. REGIONAL SPECIAL CATEGORY COMPETITIONS

This type of competition is intended for small projects of charitable organisations in which
four to six local firms will compete for the appointment as the Architect.
No premiums are given and the winner shall be appointed to carry out the project.