MODULE 1
Idea of Profession
What is a Profession?
• An occupation requiring special education/Skills with Tenets
•Profession is a Mastery of specific activities demanding prolonged period of study and
practice in any discipline before they can be completely applied.
•The main objective of the profession is provide an unselfish service to the mankind
Characteristics of a Profession are
1. Corpus of Knowledge
2. Prolonged period of study and practice
3. Membership of a professional association
4. Code of conduct
5. Social responsibility
Difference between a professionals and other
occupations
1. Qualification – Specific body of knowledge
2. Membership of a professional institution – For progress and
relentless drive for improvement.
3. Standard ethics- Normal duty, obligations and conducts
4. Code of conduct – Bound by code of conduct
5. Attitude towards profit – it is not the primary purpose. It is
incidental
6. Social responsibility – unselfish service to the society.
Difference between a professionals and other
occupations
Profession Business Trade
How Profession differs from Business and trade
Business •Qualification is no mandatory to start any scale of
Business.
•Main motive of a business is to earn profit.
•Ethics and code of conduct are usually guided by
Government set guidelines than by industry bodies.
•Accountability is hardly present for their services
unlike architecture.
•Social responsibility is not mandatory.
•No professional Advice given.
E.g.: Real estate, Finance
How Profession differs from Business and trade
Trade •Qualification is not mandatory.
•Main motive of a business is to earn profit.
•Involves exchange of goods.
•Trader is not responsible for product on sale.
•Ethics and code of conduct are usually flexible and
are not accountable for product they sell.
•Social responsibility is not mandatory.
•No professional Advice given.
E.g.: Flip kart, Provisional stores
Profession of Architecture
Preamble
“Architecture is a social art that touches all human beings at all levels of their existence
everywhere and everyday. This is the only discipline, which encompasses the four major
fields of human endeavour : Humanities, Science, Art, and Technology, actually putting into
practice the professional inputs drawn from them.”
- COA Preamble
Definition: Architecture is primarily the art and science of designing spaces for serving the
multifarious activities of human beings and for meeting their specific needs in a meaningful
built environment.
When various engineering services are rationally combined with Architecture's basic
elements of Space, Structure and Form, the performance of human functions and the
operation of mechanical utilities become efficient, pleasant and fulfilling.
Types
Architecture has generated specializations such as Structural Design, Urban Design, City
Planning, Landscape Architecture and Interior Architecture.
Retrofitting of Buildings, Architectural Conservation, Construction Management have also
lately emerged as specializations. Each of these compliment and support each other.
Structural Design
The primary objective of Structural Design is to evolve a strong, durable and an efficient
skeleton so that the space which architecture encloses, and the form in which it expresses
itself as interior content and an exterior container, becomes an organic extension of one
another.
Urban Design:
Urban design is the process of shaping the physical setting for life in cities, towns and
villages. It is the art of making places. It involves the design of buildings, groups of
buildings, spaces and landscapes, and establishing the processes that make successful
development possible. (Source:http://www.udg.org.uk)
The primary aim of urban design is to imbibe and maintain a sense of identity and
harmony among buildings, open spaces and other structures by means of a pleasant and
memorable visual imagery throughout the length and breadth of an urban setting.
Landscape Architecture:
Landscape Architecture deals with the analysis, planning, design, management,
preservation and rehabilitation of land and also determines the environmental impact.
It is a science capable of objective analysis and synthesis leading to an ecologically-
sensitive design, which is self-sustainable.
City/Urban planning :
City/Urban planning is a technical and political process concerned with the development
and design of land use and the built environment, including air, water, and
the infrastructure passing into and out of urban areas, such
as transportation, communications, and distribution networks.
Interior Architecture:
Interior Architecture, the primary objective is to generate a purposeful ambience such
as would stimulate the user's creative potential through multifarious activities.
“The architectural profession feels deeply concerned towards
national priorities in the fields of energy conservation, ecology,
environmental pollution, protection and preservation of
architectural heritage and their precincts, low-cost housing, urban
renewals, rural up-liftment, economic development at local and
district levels, etc. in the interest of quality of life both in rural and
urban settlements.”
- COA Preamble
Services offered by Architects
1. SCOPE OF WORK
The Architect is required to provide services in respect of the following :
Part I - ARCHITECTURE :
1 Taking Client's instructions and preparation of design brief.
2 Site evaluation, analysis and 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 design.
6 Electrical, electronic, communication systems and design.
7 Heating, ventilation and air conditioning design (HVAC) and other mechanical systems.
8 Elevators, escalators, etc.
9 Fire detection, Fire protection and Security systems etc.
10 Periodic inspection and evaluation of Construction works.
Part II _ ALLIED FIELDS :
11 Landscape Architecture, 12 Interior Architecture, 13 Architectural Conservation,
14 Retrofitting of Buildings, 15 Graphic Design and Signage
2. SCHEDULE OF SERVICES :
The Architect shall, after taking instructions from the Client, render the following
services:
CONCEPT DESIGN [STAGE 1] :
2.01 Ascertain Client's requirements, examine site constraints & potential ; and
prepare a design brief for Client's approval.
2.02 Prepare report on site evaluation, state of existing buildings, if any ; and analysis
and impact of existing and/ or proposed development on its immediate environs.
2.03 Prepare drawings and documents to enable the Client to get done the detailed
survey and soil investigation at the site of the project.
2.04 Furnish report on measures required to be taken to mitigate the adverse impact,
if any, of the existing and / or proposed development on its immediate environs.
2.05 Prepare conceptual designs with reference to requirements given and prepare
rough estimate of cost on area basis.
PRELIMINARY DESIGN AND DRAWINGS [STAGE 2] :
2.06 Modify the conceptual designs incorporating required changes and prepare the
preliminary drawings, sketches, study model, etc., for the Client's approval along with
preliminary estimate of cost on area basis.
DRAWINGS FOR CLIENT'S/ STATUTORY APPROVALS [STAGE 3] :
2.07 Prepare drawings necessary for Client's/ statutory approvals and ensure
compliance with codes, standards and legislation, as applicable and assist the Client in
obtaining the statutory approvals thereof, if required.
WORKING DRAWINGS AND TENDER DOCUMENTS [STAGE 4] :
2.08 Prepare working drawings, specifications and schedule of quantities sufficient to
prepare estimate of cost and tender documents including code of practice covering
aspects like mode of measurement, method of payments, quality control procedures
on materials & works and other conditions of contract.
APPOINTMENT OF CONTRACTORS [STAGE 5] :
2.09 Invite, receive and analyse tenders; advise Client on appointment of contractors.
CONSTRUCTION [STAGE 6] :
2.10 Prepare and issue working drawings and details for proper execution of works during
construction.
2.11 Approve samples of various elements and components.
2.12 Check and approve shop drawings submitted by the contractor/ vendors.
2.13 Visit the site of work, at intervals mutually agreed upon, to inspect and evaluate the
Construction Works and where necessary clarify any decision, offer interpretation of the
drawings/specifications, attend conferences and meetings to ensure that the project proceeds
generally in accordance with the conditions of contract and keep the Client informed and
render advice on actions, if required.
2.14 In order to ensure that the work at site proceeds in accordance with the contract
documents/ drawings and to exercise time and quality controls, the day-to-day supervision
will be carried out by a Construction Manager (Clerk of Works/ Site Supervisor or Construction
Management Agency in case of a large and complex project), who shall work under the
guidance and direction of the Architect and shall be appointed and paid by the Client.
2.15 Issue Certificate of Virtual Completion of works.
COMPLETION [STAGE 7] :
2.16 Prepare and submit completion reports and drawings for the project as required and
assist the Client in obtaining "Completion/ Occupancy Certificate" from statutory authorities,
wherever required.
2.17 Issue two sets of as built drawings including services and structures.
3. PROFESSIONAL FEE :
3.01 In consideration of the professional services rendered by the Architect, he shall be
paid professional fee and other charges in accordance with the Scale of Charges.
3.02 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 in relation to the services provided.
Scale Of Charges
4. SCHEDULE/STAGES 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 :
5. EFFECTING PAYMENT TO THE ARCHITECT :
5.1 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:
5.1.1 Retainer : On rough estimate of cost.
5.1.2 At Stage 1 : On rough estimate of cost.
5.1.3 At Stages 2 to 4 : On preliminary estimate of cost.
5.1.4 At Stages 5 to 6b : Accepted tender cost.
5.1.5 At Stage 7 : Actual total cost.
5.2 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.
5.3 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 or recovered from
contractors/ suppliers.
5.4 When the work is executed wholly or in part with old materials or labour or carriage is
provided by the Client, the percentage fees shall be calculated as if the work had been
executed wholly by the contractor supplying all labour and new materials.
5.5 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 & machinery such as
Transformers, DG Sets, Sub-stations, Lifts, Air Conditioning Machines, Pumps & Motors,
Water and Sewage Treatment Plant, etc., but excluding the cost of land.
6. 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.
7. 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:
7.01. Actual cost of travel (to & fro), boarding & 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.
7.02. Cost of presentation models, computer simulation, presentation drawings, etc.,
prepared at the instance of the Client for purposes other than the Design and execution of
the project.
8. CLIENT'S ROLE AND RESPONSIBILITIES :
The Client shall discharge all his obligations connected with the project and engagement of
the Architect as follows:
8.01 To provide detailed requirements of the project.
8.02 To provide property lease/ ownership documents.
8.03 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.
8.04 To furnish reports on soil conditions and test as required by the Architect or pay for the
preparation of the same.
8.05 To furnish specific conditions/ Statutory stipulations/ Codes of Practice/Schedule of
rates, etc., desired to be followed.
8.06 To pay all the fees, levies, security deposits and expenses in respect of statutory
sanction.
8.07 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.
8.08 To honour Architect's bills within one month of its submission.
8.09 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.
Contract between Client and Architect
Sample
1.0 Professional Duties of Architect:
1.1 Service: "Service", as defined under Section 2 (1) (o) of the Consumer Protection Act,
1986, means service of any description which is made available to potential users and
includes the provision of facilities in connection with banking, financing insurance, transport,
processing, supply of electrical or other energy, board or lodging or both, housing
construction, entertainment, amusement or the purveying of news or other information, but
does not include the rendering of any service free of charge or under a contract of personal
service.
In other words, rendering professional service by an architect for "consideration" falls within
the ambit of "service".
The relationship between the Client and the Architect is that of recipient and provider of
service.
The professional services rendered by the architect mean the services rendered pursuant to
the Conditions of Engagement and Scale of Charges, entered into between the Client and the
Architect.
1.2 Competence: An architect, being a professional, shall possess the required
knowledge and skill i.e. proficiency and competence for discharging his professional
duties and functions. These are governed under the provisions of the Architects Act,
1972 and the Architects (Professional Conduct) Regulations, 1989, framed there under.
1.3 Duty of care: It means duty to exercise utmost skill and care. When an architect
offers professional advice/architectural services, implicitly undertakes that he is
possessed of the knowledge and skill for the purpose. Thus, an architect shall bring to
his task a reasonable degree of knowledge and skill and must exercise a reasonable
degree of care.
1.4 Duties: The duties that are required to be performed by an architect for various
types of projects have been prescribed by the Council of Architecture under the
Conditions of Engagement and Scale of Charges for respective areas in the field of
architecture. The documents stipulate the parameters within which the Architect is
required to function. However, the Conditions of Engagement and matters related
therewith for a given project shall be carried out in accordance with the terms and
Conditions of Agreement executed between the Client and the Architect.
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
C. Code of Professional Conduct
The Architects Act 1972
An Act to provide for the registration of architects and for matters connected
therewith.
It has come into force from 31st May 1972 and extends to the whole India.
It contains 4 Chapters with 45 Sections along with one Schedule
Chapter 1: Definitions
Chapter 2:Constituting and Regulating
Chapter 3:Registraction of Architects
Chapter 4:Miselleneous
Schedule (Recognised Education)
Definitions:
"architect" means a person whose name is for the time being entered in the register.
"Council" means the Council of Architecture constituted under Section 3
"Indian Institute of Architects" means the Indian Institute of Architects registered under
the Societies Registration Act, 1860.
"recognised qualification" means any qualification in architecture for the time being
included in the Schedule or notified under section 15.
"register" means the register of architects maintained under section 23
"regulation" means a regulation made under this Act by the Council.
“rule" means a rule made under this Act by the Central Government.
Role of COA & IIA
About Council of Architecture (CoA):
The Council of Architecture (COA) has been constituted by the Government of India
under the provisions of the Architects Act, 1972, enacted 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 practicing 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.
About Indian Institute of Architects (IIA):
The Indian Institute of Architects (IIA) is the national body of Architects in the country.
Having started in the year 1917, the institute today has more than 20000 members.
The Institute has a major role to play in promoting the profession of architecture by
organising and uniting in fellowship the Architects of India to promote aesthetic, scientific
and practical efficiency of the profession both in Practice and in Education.
IIA is represented on various national and international committees connected with
architecture, art and the building industry and is also actively associated with
International Union of Architects (UIA) Commonwealth Association of Architects (CAA)
and South Asian Association for Regional Co-operation of Architects (SAARCH).
REF:PDF
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.
