The Council of Architecture incorporated under the Architects Act.

1972 has
got a number of publications to its credit. Out of the above at the students' level at
least the following be studied:
(a) Architects (Professional Conduct) Regulations, 1989.
(b) Architectural Competitions Guidelines.
Council of Architecture has been constituted as per Section 3 (1) of the
Architects Act, 1972 and it has a number of functions and powers. Section 45 provides
for the said powers of the Council to make regulations for architectural education,
standards of professionalconduct and etiquette and code of ethics. Thus, the Council's
own regulations on the code of professional conduct, architectural competitions and
professional charges which will have a binding force on all the registered architects.

The Code of Professional Condict Forming Index to Uphold the

Dignity and Integrity of the Profession
The Architect is a person who creates speaking monuments out of nothing.
He has not to be an artist alone but also an administrator and something of a lawyer.
Besides owing duties to his clients, fellow brothers and employees if any, he owesa
duty to the society in general. In this complexity of duties certain rules of behaviour
called the Code of conduct are absolutely essential and the architect without Code
of Conduct will resemble a rudderless ship. In exercise of the powers conferred by
Section 45 of the Architects Act, 1972, the Council of Architecture has published the
regulations dealing with the professional conduct which regulations are known as
"Architects (Professional Conduct) Regulations, 1989.
It is a comprehensive code pinpointing the extent of duties of the architect to
the society, client, fellow brothers, etc., and sets out in detail architect's behaviour and
/orapproach to the various problems coming from various directions. It is the code of
conduct or rules of behaviour in profession which will generate not only confidence
in the architect but inculcate in him self-discipline and make him a well respected
and efficient architect. It should be remembered that a true professional is one who is
held in high esteem by his own professional brothers and if he is condemned by his
own professional brothers, perhaps that architect will have to set in motion a heart
searching exercise to find out where he has gone wrong.

12
Architect and Society
. He must ensure that his professional activities do not conflict with his general
responsibility to contribute to the quality of the environment and future
welfare of the society.
2. He shall apply his skill to the creative, responsible and economic development
of our country.
3 He has to promote the advancement of architecture, standards of architectural
education, research, training and practice.
4 He must 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.
5. When working in other countries he must observe the requirements of codes
of conduct applicable to the place where he is working.

Architect and Client

The client is the life line of the architect and he must have a client to set
his professional wheel in motion. So far as the client is concerned the take-of point
commences with a duty imposed on the architect to provide professional services of a
high standard to the best of his ability.
Other rules of conduct are as under:
(1)
) Ifin private practice, to make know one's client about the conditions of
engagement and scale of charges and to agree that these conditions shall
be the basis of his appointment.
(1i) Not to sub-commission another architect or architects the work for
which he has been commissioned without prior consent of the client.
(ii) He is prohibited to give discounts, commission or other gifts or
inducements for the introduction of the client or to obtain the work. He
must maintain a high standard of integrity.
(iv) Even though he has been appointed by the client and he is his paymaster,
yet he has to act with fairness and impartiality when administrating a
building contract.

Though the Professional Conduct Regulations prohibit architect to advertise

his professional services, as also prohibit his name to be included in the advertisement
or to be used for publicity purposes, yet these prohibitions do not partake as a total ban
but some certain exceptions have been carved as given hereunder:
(a) A notice of change of address may be published on three occasions and
correspondents may be informed by post.
(b) 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.

13
(c) Advertisements including the name and acddress of an architect may be
published in connection with the calling of tenders, staff requirements and
similar matters
(d) May allow his name to be associated with illustrations and descriptions of his
work in the press or other publie media but he shall not give or accept any
consideration for such appearance.
(c) 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 lor the purpose
of advertising or promoting projects for which he has been commissioned.
(g) May produce or publish brochures, pamphlets deseribing his experience and
capabilities for distribution to those potential clients whom he can identily by
name and position.
(h) May allow his name to appear in the classified columns of the trade/
professional directory and/or telephone directory.

Architect and his Brothers in Profession

The architect is not to supplant another architect and has to compete fairly with
other architects. To compete fairly does not encompass reduction in fee or offering
inducement to the client. If an architect has been selected or employed for a job on
which another architect had previously been employed, he shall not atempt to obtain
or offer to undertake or accept commission for that job, unless he has evidence that the
selection, employment or agreement with the previous architect has been terminated.
Moreover, he has to give notice to the outgoing architect that he is undertaking that
job. However, there is a self-imposed code of conduct among the architects not to take
away the work of first architect till he gives his no objection certificate. The retiring
architect can have no objection for the substituted architect coming in, provided
his professional dues are paid up. If the retiring architect still refuses to issue his
no objection certificate, setting aside the offer of payment of reasonable amount of
professional fees, the substituted architect can take over the work without inviting any
misconduct except substituted architect has to give due notice to the first architect
There is one exception to the above and that is at preliminary stages of works,
the client may consult, in order to select the architect, from many architects as he
wants provided he makes payment of charges to cach of the architects so consulted.

Architect and his Employees, Associates and Consultants

The architect is to:
(i) Provide his employees and/or associates with suitable working
environment, compensate them fairly and facilitate their professional
development.

14
 (i)
(ii) Recognise and respect the professional contributions of his employees
and/or associates and/or consultants.
ii) Enter into agreement with them defining their scope of work,
responsibilities, functions, fees and mode of payment.
General
The Code further puts a restriction on the architect to take another architect as
a partner if the latter stands
disqualified for registration by the reason of the fact tha
his name has been removed from the Register under Section 29 or Section 30 of the
Architects Act, 1972.
On the other hand if an architect
practises as a partner in a partnership firm
or is in charge and is
responsible to a company registered under the Companies
Act, 1956, for the conduct of business of such company, he shall ensure that such
partnership im or the company as the case may be complies with the Archilects
(Professional Conduct) Regulations, 1989.
Condition of Engagement and Scale of Professionai Fees and
Charges
When an architect undertakes a job, his fees are usually agreed in advancec
or may not have been
agreed upon. If the fees are not agreed upon, the same may
result in straining of the relationship with his client and ultimately may terminate in a
legal suit for recovery of his dues. The Hon'ble Court while deciding the reasonable
remuneration of the architect either on Quantum Meruit or otherwise may look to
the scale of fees as laid down by relevant professional body, which here will be the .
Council of Architecture. However, the following aspects about the fees should be
noted:

(a) If there is an agreement between the owner and an architect about the fees,
the same will be binding on both the parties. In this case the scale of fees of
the Council will have no application. When the agreement provides that the
conditions of engagement and scale of fees will be such as are prescribed by
the Council, the same can be enforced. Even in such cases the Hon'ble Courts
will look to the strict compliance of the regulations by the architect.
(b) When the architect proceeds with the work without mentioning his
remuneration, he will be entitled to reasonable remuneration based en
Quantum Meruit. In fixing reasonable remuneration, the Hon'ble Courts
may consider scale of fees of Council. It is said that Hon'ble Courts have
frequently expressed antipathy towards professional scale of every kind.
However, Donald Keating in his book known as "Building Conracts", (1978
Ed. p. 222) quotes the case of whipham Vs. Everitt, which shows to whai
extent scale of fees may be considered by the Hon'ble Courts:
"In Whipham Vs. Everitt building work had to be abandoned as the tenders
received were too high. Eminent architects were called to prove that in such a

15
 case the architect be paid for plans and preliminary work on percentage basis
set out in R.I.B.A. scales.
It was held by Kennedy J. that: the architect was entitled to a reasonable
remuneration and that although the R.I.B.A. scale was not binding law
because it was not a custom of so universal an application as to be implied
term of every contract, nevertheless it was to
right take into consideration
the practice adopted by the large proportion of the profession, as shown by
the rules drawn up by the Council of the R.I.B.A. for the guidance of the
members of the profession".
With the Architects Act, 1972 in force along with architects (Professional
Conduct) Regulation, 1989 which incorporates the fees and services, the same may
find due consideration in legal disputes as to the fees payable to the architects.

CONDITIONS OF AGREEMENT
1. Scope of Work
The architect shall provide services in respect of the following works:

a) Site evaluation and analysis.

b) Environmental impact assessment.
c)Architectural work andsite development.
d) Structural engineering work.
work.
e) Sanitary, plumbing, drainage, water supply and sewerage
) Electrical work.
g) Heating, ventilation and air-conditioning work (HVAC).
h) Acoustical work.
i) Landscape work.
j) Interior designing.
k) Graphic signage.
Schedule of Service
The architect shall after taking instructions from client render the following

services
Furnish a site evaluation and analysis report with basic approach to
a) circulation, activity distribution and interaction and external linkages.

b Furnish preliminary report on environmental impact of the project and

finalise it after discussion with the client clearly outlining the measures

required for mitigating the adverse impact.

Prepare conceptual designs with reference to requirements given and
c) estimates of cost by cubic measuremenis or on area
prepare approximate
basis.
and
d) Modify the conceptual design incorporating required changes
and designs and study model for the
prepare preliminary drawingsS
estimate of cost.
client's approval along with revised

16
 c) Prepare drawings necessary for submission to statutory bodies for
sanction and assist and advise on formalities.
1)Prepare working drawings specification and schedule of quantities
sufficient to prepare estimates of cost.
g) Prepare a short list of contractors, together with appropriate
justification.
h) Prepare working drawings including large-scale and full size details,
detailed specifications and schedule of quantities sufficient to invite
tenders.
i) Prepare and submit complete working drawing and details sufficient
to commence work at the site and for the proper execution during
construction.
j) Visit the site of work and provide periodic supervision as and when
necessary to clarify and decision or interpretation of the drawings
and specifications that may be necessary and attend conferences and
meetings, as and when required and to ensure that the project proceeds
generally in accordance with conditions of contract.
k)"For frequent or constant supervision'" Clerkofworks shall be appointed.
He shall be nominated or appointed by the architect and shall be under
the direction and control of the architect. He shall be paid by the client or,
alternatively, may be employed by the architect, who shall be reimbursed
the cost of the said employment including overheads. However, the
overall cost of the employment of the clerk of works shall not exceed
0.5% of the overall cost of the
project
On completion of the work, the architect will prepare and submit two sets
of as built drawings (one set on reproduction prints) of the building and
services.
3. Client's Responsibilities
The following shall be the responsibilities of the client:
1) Provide detailed requirements of the project.
2) Provide a correct site plan to suitable scale showing boundaries,
contours at suitable intervals, existing physical features including any
existing roads, paths, trees, existing structures, existing service and
utility lines to which the proposed service can be connected.
3)
3) Furnish reports on soil conditions and soil test as required by the
architect.
4) In the case of client being a Government agency, it will furnish Public
Works Department Schedule of rates, codes of practice and other
documents pertaining to the State, required to be followed by the
architect.
5)
5) Pay the fees of the architect within one month of submission of bills.
6)
6) Take note of the observations made by the architect on his inspections

17
 and visits and ensure the correction of deficiencies in the work pointed
out by him.
7) On the advice of the architect prepare a short list of approved
contractors who would be allowed to tender, invite tenders, select the
contractors for the project in consultation with the architect.

STANDARD TERMS FOR CMPREHENSIVE

ARCITECTURAL SERVICES
. Standard scale of fees is for comprehensive services including pre-design
study, architectural, structural, electrical and plumbing designs, air-
conditioning, heating, acoustics and interiors, if required, detailed architectural
and engineering designs for all external services namely roads, sewerage,
drainage, water supply, street lighting, landscaping and graphic signage.
To ensure quality work, architects will be engaged only on comprehensive
services and partial services should be avoided.
2 The fee structure is based on tendered cost of total project including site
development, civil and electrical works, lifts, electric sub-stations, water
towers, landscaping and interiors. Where whole or part of the project is
not executed, the fee will be on the cost calculated on prevailing rates, that
is, market rates or scheduled rates plus current tender percentage. The fee
structure takes into consideration any repetition in design work as well as
total volume of work and no reduction will be made on grounds of repetition
or size of project. It will be expected that housing units are not repeated more
than a reasonable number oftimes, say 50 to 100 and repetition is also avoided
in other works to promote sound and acceptable environmental standards.
The practice of developing standard designs and planning them all over the
country will be totally discouraged.
The services included in urban design will be pre-design study layout building
volumes and form and architectural controls. The fee shall be calculated on
the estimated cost on prevailing rates. When whole or part of the project is
later taken up for comprehensive design, the prorata cost for design will be
adjusted in the fee payable.
Pre-design study shall include location and site analysis requirement analysis
and environmental impact assessment and shall form the brief for designing
the project. The client shall provide all the possible assistance and data for the
study in case of complex projects like hospital projects where considerable
research is involved such research will be additionally paid for or other
consultants engaged for it. Demand survey and economic feasibility or market
research studies will be separately paid for.
The mode of payment and other terms and conditions shall be as indicated in the
appended standard letter of Appointment which shall constitute the Agreement
between the client and the Architect, Public Authorities or Architectural Firms

18
 are stromg'y recommended to adopt the Letter of Apotmert
it shall be the responsibelit, ofthe cisert to furmash accurate site sure ietazis
described below and the architects shall be responsitla for the tue shed e
only from the date such details e fumasbed f a rtacus a ork 5
involved n account of wTong survey. the rchnect shall be
remunerated for it.
additsonall
As part of the services. the architects shall. fom ume to ume. certut thet
their drawings are being corectl; nterpreted at site and the finshang is ot
2cceptabie quaity and in case of adverse certufication the payments of the
contractor shall be withbeid until the defects have
beer rectufied in czie the
architectural fim is required to verify and
certuf; the bls of the iontractos.
additional fee of 1.0 percent shall be
The above scale of fees is the minimm
payable
payable for serices hsted undeT
scope of ork. Architects.
depending complex1t, detai. are tree to qute
on or
higher fees. Quoting less fees and fumishing partiai or incomplete enices
Would be detrimental to the
project and not tn the inerest of the ciiert Tbe
Govermment Public Authornties have been advised hat ii an architect has
been accepting any public job (encept those of socizl or philantropoc nature
with intimation the Courc1l of Architecture) on loa fees. the im
to
Ta; be
declared ineligible for handling ary public orks in iuture

Note:
All drawings to be co-ordinated with relevart structure air-
conditioning electrical. pumb1ng drawings.
2. For small simple buildings, sociai bousing etc. floor
pians elevations.
sections, scale 1 50. Stair, toilet and kitchen details iayout
information, scale 1 : 25.

GUIDELINES
An architect camies
responsibility o. account of tre coriidence placed:
judgement and integrity. He must possess adequate skill and knoledge to Ta'ie
him to originate design, arrange for and to
Supervise the erectiun of such buiidinzs
The planning and construction of a building requires 2 close
between the Architect and the client. The client expects the
working relarionshin
an Architect:
following basic skills
An expert knowledge of the technigues and skills required to
carr cut the
design
A thorough understanding of the purposes and functior.s of the building to te
erected

19
3. A working knowledge of the Act, Bye-laws and other regulations affeeting
buildings.
4. The ability to advise on costs.
that
Skills in the preparation of drawings, plans and specifications to ensure
the building will fulfill all requirements at the most economie cost.

6. The ability to superintend the design and construction of the building.

The ability to issue certificate of payment.
and
The Council of Architecture has prescribed the conditions of engagement
the fees payable to the Architect. The conditions cast responsibility on the
a grave
built. It is
architect to ensure that the design evolved by him is capable of being
in general:
necessary that drawings must be complete and adequate for the purposes;
standardized.
a) of drawings and format should be should be
b) Scale, lettering, annotation, dimensioning and degree of deta
consistent.
c)Subjects and formation should be suitable grouped.
d) All required information should be given, without unnecessary repetition
and irrelevant information excluded.
e) There should be adequate cross reference and interrelation between
drawings.
) Scale, in general to be 1:100 for main floor plans, elevations and sections.
For detailed sections and large-scale details of critical and special areas,
scale to be i:50 ad 1:25. For small plots and social housing floor plans,
sections, elevations, etc., at 1:50 and all details 1:25.
It is difficult to quantify the drawings required for each project, as it would
ofArchitectural
depend upon the complexity ofthe project. However, the following list
drawings could be a guide for the preparation of drawings.
Architectural Drawings
1. Site Plan-showing all majorsite features, building location levels, surrounding
roads, demolition required; north point, scale - 1: 200.
2. All floor and roof plans, scale 1: 100
3 All elevations, scale -1: 100
A. Sections through all major spaces: scale - 1: 100
Sections and larger details of all typical and special areas: scale - 1: 50
5.
6. Large-scale plans and section ofstairs, ramps and lifts: scale 1: 50.
Large-scale plans, elevations and sections of toilets, kitchens, pantries,
showingfixtures, counters, tiles, scale 1: 50.
8. Schedule of doors and windows and grills, schedule of hardware.
9 Full/half scale door, window details, including fixing arrangement.
10. Reflected ceiling plans (if required) ceiling construction details (co-ordinated
with lighting and HVAC).

20
 scale |: 25.
11. Plans, elevations/sections and details of fixed furniture,
12 Interior elevations (if required).
horticulture
13 Landscape plans and details including paving, planters, roads,
site drainage, sewerage and lighting.

EXECUTION OF THE ASSIGNMENT

1. All the stages of work shall be completed by the architect and the necessary
approval given by the clients according to the time schedule mutually agreed
the stipulated period of contract will be caried
upon. The works throughout
out with diligence, time being the essence of the contract.
In the event of architect's firm closing its business, the clients shall have the
has
power to employ any other agency to complete the work after payment
been made to the architect upto the stage of service then in progress.
In the event of the failure on the part of the architect to complete his work
3.
or the clients to give their approval and or make payments within the time
specified in the time schedule or in the event of either of the parties committing
a breach of any one or more of the terms and conditions of the agreement, the
aggrieved party shal be entitled to rescind this agreement without prejudice
to its rights to claim damages or remedies under the law. The period of notice
to be given to rescind the contract will be 30 days.
4. The architect shall prepare drawings, designs, outline specifications and
estimates of cost by cubic measurements or on area basis on schedule of rates
of the executing agency plus tender percentage and/or on Bureau of Indian
Standards(previously ISI) specifications and per requirement. In the absence
of rate in the aforesaid schedule of rates, the same shall be arrived at by actual
analysis.
5. The architect will advise the client on the time and progress chart prepared by
the contractors for the completion of the work, if required,
Appoint consultants in consultation with the client. The architect however
shall be responsible for the direction and integration of the consultant's work.
Consultants shall be solely responsible for the competency and the detailed
design and supervision of the work entrusted to them.
1. The architect must have the authority of his client before initiating any stage
of his duties.
8. The architect shall assume full responsibility for the design and specifications
for items descried in the scope of work. The clients will have full access to the
details of the calculatings and the structural designs for purpose of scrutiny
for satisfying themselves as to their correctness. The structural engineers of
the architect will render all possible help for the above scrutiny.
9. The architect shall supply to the client: free of cost four sets of final drawings
at Stage 2 of the agreement, eight sets of all drawings, specifications and oth

21
 the clients shall be
particulars in Stages 3 to 8. Any additional sets required by
paid for on actual cost basis.
submit two sets of built
completion of the architect will prepare and
as
10 On
and services.
drawings (one set of reproduction prints) of the buildings
work under execution during
11. The architect shall advise client regarding the
periodic reports his observations. The
on
visits to the site and submit
shall be of client.
responsibility for implementation of this advice
or omission from the
12. The architect shall not make any deviation, alteration
approved drawings, involving financial implications with out prior
consent
of
client. incurred during extended
13 The architect shall be compensated actual expenses
12 months of the
period of contract, if construction period runs beyond
completion period as per construction contract.
in the
14. The architect shall exercise all reasonable skill, care and diligence
and
discharge of his duties and shall exercise general superintendence that
to ensure
inspection in regard to such works as may be necessary
Works are being executed in accordance with contract documents and shall
deficiencies in the work
endeavour to guard the owner against the defects and
of the contractor.
client in
15. The architect shall make necessary revisions as may be required by
the drawings and other documents submitted by him at the draft state. Any
once approved required
subsequent revisions in the drawings and documents
to be made by client shall be compensated as additional services rendered by
the architect.
No change shall be made in the approved drawings and specitications at site
16.
without the consent of the architect.
The drawings specifications and documents as ine*uments of service are the
17.
architect whether the project for which they made to be
are
property of the
executed or not. They are not to be used for any other project except with the
Written consent of the architect.
The client shall have the liberty to postpone or mo to execute any work and
18.
the architect shall not be entitled to any compensation for non-execution of
the work except the fes which are payable to the architect upto the stage of
service then in progress.

22