CODE OF ETHICS
&
PROFESSIONAL CONDUCT
INSTITUTE OF ARCHITECTS
BANGLADESH
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Table of Contents
PREAMBLE.......................................................................................................... 1
Principle One : Faithful Discharge of Responsibilities: ......................................... 2
Principle Two : Obligation to the Profession:........................................................ 4
Principle Three : Remuneration............................................................................ 7
Principle Four : Involvement with Other Trades ................................................... 8
Principle Five : Involvement with Other Persons .................................................. 9
Principle Six : Advertising & Soliciting: ............................................................... 10
Principle Seven : Obligation to Colleagues ........................................................ 11
Procedure of Inquiry & Disciplinary Action for Professional Misconduct, Unethical
Act and Malpractice............................................................................................ 12
CODE OF ETHICS & PROFESSIONAL CONDUCT
PREAMBLE
The Regulations given in this part have been framed to give effect to
the sections 3.1.1,3.1.2, 3.1.7, 3.1.8 & 4.5.1 of the constitution of
Institute of Architects Bangladesh (lAB).
These Regulations will regulate and guide the Members of lAB in
their professional conduct. Similarly, these Regulations will also give
protection to the Public who avails the services of Architects.
Wherever the word "Member", "An Architect" or "the Architect" is
used, it refers to all categories of members of lAB except Student
Members.
Wherever the words “she” and “her’ are used, it refers to both
female and male.
Members must adhere to the Code of Ethics & Professional Conduct
as set out hereunder, failing which, the Member shall be debarred
from certain privileges of a Member, reprimanded or suspended or
expelled as per section 4.5 & 4.6 of the constitution of lAB.
Under these Regulations, a Member may be held responsible not
only for their own actions but also for the conduct of their practices.
They are advised, therefore, to bring this Code to the notice of all
those associated with them in practice.
A Member who in a circumstances finds that her professional
interest conflicts with the Principle of these Code, shall as the
circumstances may require, either withdraw from the situation or
remove the source of conflict within three months of adaptation of
these Code. After that, the Code will be binding upon all the
Members.
In case of a professional misconduct not specifically covered by
these regulations, it will be dealt with by the Executive Committee of
IAB with regard to the particular circumstances.
The Code of Ethics & Professional Conduct may be amended by
IAB under the procedures necessary to amend any Bylaws of the
Institute.
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Principle One : Faithful Discharge of Responsibilities:
1.1 A Member shall faithfully carry out the duties undertaken
by her, having proper regard for the interests of those who
engage her services and of those who may be expected
to use or enjoy the product of her work.
1.2 A Member, in private practice, at the inception of any
engagement must inform her client of the conditions of
engagement, scale of professional fees and agree with
her client that those conditions shall be the basis of her
appointment.
1.3 A Member practicing anywhere in Bangladesh shall
comply with all statutory building laws with reasonable
care. If in the course of professional work related to a
project, a Member becomes aware of a decision taken by
her employer or client which violates any building law or
regulation and which will, in the Member's judgment,
materially affect adversely the interest or safety to the
public of the finished project, the Member shall, in writing,
a. Advise the employer or client against the decision
b. Refuse to consent to the decision
c. Report the decision to the local building inspector or
other public official charged with the enforcement of
the applicable laws and regulations, unless the
Member is able to cause the matter to be
satisfactorily resolved by other means.
1.4 A Member serving in public capacity or a statutory body,
or an autonomous body shall not undertake any private
works notwithstanding any permission from her employing
authority to do so. A Member, with approval from her
employer, may carry out her own practice outside her
normal working hours provided such activities do not
conflict with the duties to her employer.
1.5 A Member shall arrange that her professional work, so far
as it relates to architecture, is under the control of an
architect.
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1.6 A Member shall not sub commission or sublet architectural
work without the prior agreement of her client.
1.7 A Member shall act impartially in all cases in which she is
acting between parties and shall interpret the conditions of
the contract between her client or employer and the
contractor with fairness.
1.8 A Member serving in a public capacity or a statutory body
shall not accept payments or gifts which are intended to
influence her judgment.
1.9 A Member shall not offer or make payments or gifts to any
person serving in a public capacity or a statutory body
which are intended to influence that person’s judgment.
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Principle Two : Obligation to the Profession:
2.1 A Member shall uphold the integrity and dignity of the
profession.
2.2 A Member shall rely only on professional competence and
achievement as basis of her advancement.
2.3 A Member shall not intentionally mislead existing or
prospective clients about the results that can be achieved
through the use of the Member's service, nor shall the
Member state that she can achieve results by means that
violate applicable building laws.
2.4 A Member on being approached or instructed to proceed
with work on a project, which she knows or can ascertain
by reasonable enquiry, that another Member had been
already engaged, the second Member shall notify the first
Member that she has been so approached and shall seek
confirmation from the first Member that she had been
formally relieved of her responsibilities and that all fees
due to her has been settled. The second Member shall
then ask the prospective client to produce a clearance
from the first Member certifying that she is no longer
associated with the project and all related issues have
been settled. In the case of a dispute, the matter shall be
referred to lAB before the second Member accepts the
engagement.
2.5 A Member shall not sign or put her signature to any
drawings, documents or specifications, not prepared by
the Member or her office or an associate for the purpose
of obtaining the sanction of any building authority or for
any other purpose. A Member working as the local
counterpart of a foreign architect or firm as an associate or
in joint venture may sign drawings, documents or
specifications on its behalf. In such cases, the agreement
of association or joint venture must specify the liabilities
and indemnities of the Member putting signature.
Commentary: If a Member is found to violate the
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above code, then lAB may revoke the Member’s signing
authority to the relevant building authority temporarily or
permanently.
2.6 A Member shall not attempt to supplant another Member
nor shall he compete with another Member by means of
reduction of fees or by other inducements.
2.7 A Member having substantial information which leads to a
reasonable belief that another Member has committed a
violation of this Code which raises a serious question as
to that Member's honesty, trustworthiness, or fitness as a
Member, shall file a complaint with lAB.
2.8 A Member shall not participate either as a competitor or as
an assessor in any competitions or give unpaid services or
submit design proposals to prospective clients in
competition with other Members unless it is in compliance
with lAB Regulations for Architectural Competitions. In
case of a Member being invited to participate in a limited
competition, she must notify the Executive Committee of
lAB and shall submit the particulars of the competition for
approval before accepting the invitation.
Commentary: If a Member disrespects the above
code, she may be debarred from participating in any lAB
organized Architectural Competitions and other design
awards.
2.9 A Member shall not act as architect or joint architect for
works which is or has been the subject of a competition in
which he is or has been engaged as assessor or
competition manager.
2.10 A Member may respond to an advertisement inviting
Members of the profession to submit their resume or
portfolio for inclusion in a panel list of architects from
which the advertiser may select a Member for a project,
provided the advertisement does not contravene the lAB
Guidelines for Selection of Architects.
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2.11 A Member shall not submit or pay any earnest money or
security money or bank guarantee for offering her service
as consultant in a competitive bidding except for turnkey
proposals.
2.12 In cases where the Member is appointed as consultant in a
project by a real estate developer or by the contractor, the
Member shall remain cautious to avoid conflicts of interest
arising out of her responsibilities to the client and interest
of the end users of the project.
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Principle Three : Remuneration
3.1 A Member shall uphold the minimum scale of professional
fees and expenses recommended by lAB.
3.2 A Member in private practice shall be remunerated solely
by professional fee payable by her client and a Member
employed by a government department or a firm by salary
& benefits payable by her employer.
3.3 A Member may quote her professional fees and charges
provided she is invited by a prospective client to do so,
based on a clearly defined scope of services, only as per
the minimum scale of professional fees recommended by
lAB.
3.4 A Member shall not revise her fee quotation to take
account of the fee quoted by another Member for the
same service.
3.5 A Member shall not accept any work which involves giving
or receiving of discounts, gifts or commissions and shall
not accept discounts, gifts or commissions from
contractors or tradesmen whether employed in their work
or not.
3.6 The above rule does not prevent a Member in her capacity
as a contractor from accepting or giving the trade and
cash discounts customarily allowed by manufacturers or
suppliers.
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Principle Four : Involvement with Other Trades
4.1 A Member shall not engage in any trade or business
which is in conflict with her professional duties or that are
likely to raise doubts about her integrity or may bring
disrepute to IAB and the profession.
4.2 A Member shall declare in writing to any prospective client
any business interest, the existence of which, if not so
declared, would or might be likely to raise doubts about
her integrity by reason of an actual apparent connection
with or effect upon engagement.
4.3 A Member while practicing the profession may engage in
any of the business of trading in land or building as real
estate developers, agents, contractors or as turnkey
operators, or trading in building materials or in activities
that are connected with construction work or the building
industry provided that :
• The role does not contravene sections 2.3 and 4.5.3
of the constitution of IAB.
• The Member avoids being in a position of conflict in
discharging her professional duties and upholds the
principles mentioned in 4.1.
• The Member declares to all concerned that the
combination would not prevent her compliance with
the Principles of this Code.
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Principle Five : Involvement with Other Persons
5.1 A Member must not hold, assume or consciously accept a
position, as a partner, director, or an employee of a
company, in which her professional interest is in conflict
with this Code. Breach of this Code by the other partners
or directors or any other persons of the practice shall be
considered a breach by the Member.
5.2 A Member may enter into partnership with a foreign
consultant or may employ foreign architects provided the
Member remains responsible for her partner's or
employee's professional work or conduct.
5.3 A Member shall not enter into business or partnership with
a person who is disqualified to be a Member of lAB by
reasons of the fact her name has been removed from the
register of lAB.
5.4 A Member shall not permit herself or her practice to be
used as a cover by persons not qualified and/or entitled to
practice as an Architect.
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Principle Six : Advertising & Soliciting:
6.1 A Member shall not recommend or allow her name to be
used with the promotion or advertisement of any service
or product.
6.2 A Member may publish or consent to the publication of a
series of illustrations, circulars, brochures, website or
books provided that there is no attempt to distribute the
publication unsolicited, to potential clients.
6.3 A Member may publicise information on her practice in
trade directories or websites.
6.4 A Member may advertise for invitation to tenders, professional
appointment or change of address, provided that:
• It is not an attempt to bring the activities of the
architect or her firm to the notice of the public:
• It contains no illustrations.
• The name of the advertiser is published with undue
prominence; and the published information is factual.
6.5 A Member may allow her works, views, ideas, illustrations
etc. to be published in the press, webpages trade journals,
exhibitions, present it in forums, conferences, etc. with or
without monetary gain provided the material is of benefit
to the profession.
6.6 A Member may place a signboard following guidelines below:
• Business Plate of Firm: Lettering less than 50 mm
high; Logo less than 100 mm square.
• Sign on Completed Building: Lettering less than 50
mm high; Logo less than 100 mm square.
6.7 A Member's calling cards or visiting cards shall bear only
the factual qualifications.
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Principle Seven : Obligation to Colleagues
7.1 Members should respect the rights and acknowledge the
professional aspirations and contributions of their colleagues.
7.2 A Member shall compensate her associates and employees
fairly, and facilitate their professional development.
7.3 Members shall build their professional reputation on the
merit of their own service and performance and should
recognize and give credit to others for the professional
work they have performed.
7.4 A Member leaving a firm shall not, without permission the
employer or partner, take designs, drawings, data, reports,
notes or other materials relating to the firm's work whether
or not performed by the Member.
7.5 A Member shall not unreasonably withhold permission
from a departing employee or partner to take copies of
designs, drawings, data, reports, notes, or other materials
relating to work performed by the employee or partner that
are not confidential.
Commentary: Under the above mentioned codes complaint cannot be
brought against a Member for any unethical act or for professional
misconduct committed before the date of giving effect to this Code.
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PROCEDURE OF INQUIRY & DISCIPLINARY ACTION
FOR PROFESSIONAL MISCONDUCT, UNETHICAL ACT
AND MALPRACTICE
1. A complaint charging an lAB Member, hereinafter referred
to as the Respondent, with professional misconduct
and/or unethical acts, must be in writing, addressed to the
General Secretary of lAB and shall state the grounds of
complaint clearly and shall be accompanied by
declarations as to the facts of the case.
2. Every declaration must state the description and true
place of abode of the Complainant and, where the fact
stated in a declaration is not within the personal
knowledge of the Complainant, the source of information
and grounds for the belief of the Complainant in its truth
must be accurately and fully stated.
3. (1) The General Secretary of lAB shall place the written
complaint and all other documents that may have
been received from the Complainant before If the
Committee deems fit, the General Secretary shall
ask the Respondent by means of a registered letter
for explanation within such time as may be fixed by
the Executive Committee. Notices or letters left at
the address of the Respondent Member listed in
current directory of lAB will be deemed to have
been served.
After the expiry of that time, the documents with the
explanation, if any, shall be referred for
consideration to the Executive Committee which
shall have power to cause further investigations to
be made and further evidence, to be taken and, if
necessary, obtain further legal or other advice.
(2) The General Secretary shall circulate copies of all
material documents, which are furnished as evidence
in regard, to each Member of the Committee.
(3) On completion of its investigation, if the Executive
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Committee considers necessary, shall fix a date of
hearing and send a notice to the Respondent in
writing.
(4) The notice under clause (2) shall -
(a) specify the clause(s) of Code of Ethics and
Professional Conduct under which it is an act
of violation;
(b) fix the date, place and time on which the
Executive Committee intends to meet the
Respondent: and
(c) call upon the Respondent to answer the
charge in writing and to appear before the
Committee on the appointed date, place and
time.
4. The notice referred to in bye-law 3(3) shall be sent at least
seven days before the date of the inquiry and shall be
accompanied by a copy each of these bye-laws and the
Code of Ethics and Professional Conduct. A copy of the
notice shall, at the same time, be sent to the Complainant.
5. The procedure for hearing shall be as follows:-
(1) The General Secretary will read to the Committee
the notice of the inquiry addressed to the
Respondent.
(2) The Complainant will then be invited to state her
opinion and to produce her evidence in support of it.
At the conclusion of the Complainant's evidence,
her case will be closed.
(3) The Respondent will then be invited to state her
opinion and to produce her evidence in support of it.
(4) At the conclusion of the Respondent's statement,
the Committee will, if the Respondent has produced
evidence, hear the Complainant in reply on the case
generally but will receive no further evidence,
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except in very special case in which the Committee
may think it right to receive such further evidence. If
the Respondent produces no evidence, the
Complainant will not be heard in reply.
6. Where no Complainant appears, the enquiry shall be
suspended or shall be closed by the Executive
Committee, as it feels deemed necessary.
7. (a) Upon the conclusion of hearing of both the parties
and on the basis of the documentary evidences, the
Committee shall deliberate thereon in private and,
at the conclusion of the deliberations, the General
Secretary shall call upon the Committee Members
to vote on the question whether disciplinary action is
to be taken against the Respondent or not for
professional misconduct, unethical act and/or
malpractice.
(b) If majority of the Members of the Committee votes
to take action against the Respondent, then
following disciplinary measures maybe
recommended, which shall have to be vetted by the
Executive Committee of IAB in a separate meeting :
i. Shall reprimand her and she may be given
the option, if the situation permits, of
withdrawing herself from the situation within a
given period of time or
ii. Shall reprimand her and debar her from
certain privileges as lAB Member or
iii. Shall suspend her Membership for a
maximum period one year or
iv. Shall refer the matter of expulsion to an extra
ordinary general meeting or an annual
general meeting or bi-annual general meeting
whichever may be the case, for voting.
(c) The , with the approval of the Executive Committee
of IAB, may either on its own or upon application
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made to it, within a period of thirty days from the
date of its decision under the rules, review its
decision after giving reasonable notice to the parties
affected thereby and while so reviewing modify,
reverse or confirm the order.
(d) In case of expulsion, the decision of two third
majorities of the current Members present in the
extra ordinary general meeting or an annual general
meeting or bi-annual general meeting, whichever
may be the case, through voting, shall be final and
binding upon all.
8. (a) The decision of the disciplinary action against a
Member is to be communicated in writing to her by
the General Secretary within 14 days. Notices or
letters left at the address of the Respondent
Member listed in current directory of lAB will be
deemed to have been served.
(b) The Executive Committee of IAB shall have the right
to publish the decision of the disciplinary action in
any media it feels necessary.
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