CoA | ARCHITECT’S

PROFESSIONAL CONDUCT
ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS,
1989 (AS AMENDED IN 2003)
According to the Council of Architecture – Professional conduct regulations, the profession
of Architecture calls for men of integrity, business capacity and artistic ability. An
Architect should act as a professional advisor to his Client and his advice must be
absolutely disinterested and his honesty of purpose must be above suspicion. He should
maintain a high professional standard and conduct himself in a manner which is not
derogatory to his professional character nor bring architects into disrepute.

The profession of an Architect is governed by the Architects (Professional Conduct)

Regulations, 1989 (as amended in 2003), which deals with professional Ethics and
Etiquette, Conditions of Engagement and Scale of Charges, Architectural Competition
guidelines etc. The COA has framed guidelines governing the various aspects
of architectural practice and the professional conduct required of an Architect. An
Architect must follow these guidelines in his professional conduct and any violation shall
constitute a Professional Misconduct, which will attract disciplinary action as stipulated
under the Architects Act, 1972.
THE ARCHITECTS’ PROFESSIONAL CONDUCT
REGULATIONS AS PER COA
A brief summary of the Architects (Professional Conduct) Regulations, 1989 (as
amended in 2003)

 An Architect shall apply his skill to the creative, responsible and economic
development of the country and contribute to the quality of the environment and
future welfare of society.

 He shall promote the advancement of Architecture, standards of Architectural

Education and Architectural practice.

 An Architect shall provide professional services of a high standard, to the best of his
ability.

 He shall uphold and inform his Client of the COA – Conditions of Engagement and
Scale of Charges and agree that these conditions shall be the basis of appointment.

 He shall not sub-commission to another Architect the work for which he has been
commissioned without the prior agreement of his client.
 He shall not give or take discounts, commissions or other inducements for the
introduction of Clients or of work.

 He shall compete fairly with other Architects and not prepare designs for a Client
without payment or for a reduced fee.

 He shall not supplant or attempt to supplant another Architect.

 He shall not attempt to obtain, offer to undertake or accept a project for which he
knows another Architect has been selected or commissioned, unless he has evidence
that the selection or agreement has been terminated and he has given the previous
architect written notice that he is accepting the project.

 Maintain a high standard of integrity.

 He shall act with fairness and impartiality when administering a building contract.

 Promote the advancement of Architecture, standards of Architectural education,

research, training and practice.

 Character, nor likely to lessen the confidence of the public in the profession, nor
bring Architects into dispute

 Compete fairly with other Architects.

 He shall not have or take as partner in his firm any person who is disqualified
for registration or whose name has been removed from the register.

 If an Architect practices as a partner in a partnership firm or is in-charge to a

company registered under the companies Act, 1956, he shall ensure that such
firm or company, complies with the Architects professional conduct regulation.

 He shall recognize and respect the professional contribution of his employees,

his associates and provide them with suitable working environment,
compensate them fairly and facilitate their professional development.

 He shall recognize and respect the professional contribution of his Consultants

and enter into agreement with them defining their scope of work,
responsibilities, functions, fees and mode of payment.

 He shall comply with the Council’s guidelines for Architectural competitions

and inform the Council of his appointment as assessor for an Architectural
competition
ADVERTISING ARCHITECT’S SERVICES
According to the Architects (Professional Conduct) Regulations, 1989 (as amended in 2003),
an Architect shall not advertise his professional service save the following exceptions:

 He may exhibit his name outside his office or on a building for which he is or was an Architect
provided the letters does not exceed 10 cm in height.

 He 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.

 He may allow his name and address to be published in advertisements in connection with calling of
tenders or staff requirements, etc.

 He may allow his name to appear in brochures prepared by clients for the purpose of advertising or
promoting projects for which he has been commissioned.

 He may allow his name to be associated with illustrations and descriptions of his work in the press
or other public media.

 He may produce or publish brochures describing his experience capabilities for distribution to
potential clients whom he can identify by name and position.

 He may allow his name to appear in the classified columns of the trade/professional directory
and/or telephone directory.

 He may publish a notice of change of address on three occasions and correspondents may be
informed by post.
PROFESSIONAL MISCONDUCT OF AN
ARCHITECT
If an Architect violates any of the COA – Professional Conduct regulations, 1989
(as amended in 2003), then it shall constitute Professional Misconduct. Any
matter regarding Professional Negligence and/or Deficient Service provided by
the Architect, shall be referred to the Council of Architecture, to adjudicate
whether the Architect is guilty of Professional Misconduct, and will attract
disciplinary action as stipulated under the Architects Act, 1972.

CoA | PROFESSIONAL MISCONDUCT

An architect shall be required to comply with the standards of Professional

conduct and etiquette and a code of ethics set out in clauses of Regulation 2 of
the Architects (Professional Conduct) Regulations, 1989. If an Architect violates
any of the COA – Professional Conduct regulations, 1989 (as amended in 2003),
then it shall constitute Professional Misconduct.
PROFESSIONAL NEGLIGENCE -

An Architect is required to observe and uphold the Council’s Conditions of

Engagement and Scale of Charges while rendering architectural
services. Negligence of an Architect means the failure to take reasonable
degree of care while rendering services for the project for which he has been
engaged.

DEFICIENT SERVICE -

“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. The failure to provide any service that is
necessary for the discharge of his duties and functions for the project for
which he has been engaged, amounts to deficient service.
EXCEPTIONS
An architect is not liable for any liability, if the damage to the building has occasioned in the
following circumstances

 Use of building for the purposes other than for which it has been designed.

 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.

 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.

 Illegal/unauthorised changes/alteration/ renovations / modifications carried out by the

owner(s)/ occupant(s).

 Any compromise with the safety norms by the owner(s)/ occupant(s).

 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.

 Lack of periodical maintenance or inadequate maintenance by the owner(s)/occupant(s).

 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.

 Damages caused to the building for the reasons beyond the control of the architect.
An Architect is liable for the negligent act which he has committed in the
performance of his duties. The Client can initiate action against the
Architect if there is a failure on the part of an Architect to attain the
standard of care prescribed by the law, and the Client has suffered
damage due to such breach of duty.

Complaint shall be made to the Council of Architecture in Complaint

Form No. XIV. – Each complaint shall contain the acts and omissions
which, if approved, would render the Architect guilty of any professional
or other misconduct; and the oral or documentary evidence in support of
the allegations made in the complaint.

Incomplete form will be returned – If the complaint does not contain the
aforesaid particulars, the Secretary of the Council shall return the
complaint to the Complainant.
 Copy of complaint will be sent to the accused Architect – If the
complaint is against an individual Architect, the Secretary shall send a
copy to the Architect at his address as entered in the COA Register,
within sixty days of the receipt of the complaint; If the complaint is
against a firm, he shall send a copy of the complaint to the firm concerned
at the address of the head office of the firm with a notice calling upon the
firm to disclose the name of the Architect concerned and to send a copy of
the complaint to the concerned Architect.

 Notice will be sent to the accused Architect – Every notice issued by

the Secretary or the Disciplinary Committee under this rule shall be sent
to the Architect or the firm concerned by registered post with
acknowledgment due and if the notice is returned with an endorsement
indicating that the addresses cannot be found at the address given, the
Secretary shall ask the complainant to supply to him the correct address
of the architect or firm concerned and send a fresh notice to the architect
or firm at the address so supplied.
 Architect should give a written statement in defence – An Architect
against whom a complaint is made, may, within fourteen days of the receipt of a
copy of the complaint, or within such further time as the Secretary may allot,
forward to him a written statement in his defence verified in the same manner
as a pleading in Civil Court.

 Complaint will be dismissed – If on perusal of the complaint and the written

statement of the concerned Architect, and other relevant documents and papers,
the Council is of the opinion that there is no prima facie case against the
Architect, the complaint shall be dismissed and the complainant and the
Architect shall be informed accordingly. However, before dismissing the
complaint, the Council may call for any additional particulars or documents
connected with the case, either from the complainant or from the respondent, or
from both, if in its opinion it is necessary.
 Enquiry shall be made – If on perusal of the complaint, the Council is of
the opinion that there is a prima facie case against the Architect, the
Council shall cause an enquiry to be made in the matter by the
Disciplinary Committee.

 Disciplinary committee – All complaints against Architects shall be

investigated by a Disciplinary Committee of the Council consisting of
three members to be constituted by the Central Government by
notification in the Official Gazette. The Chairman of the Committee shall
be elected by the members of that Committee from among themselves.

 Any change in disciplinary committee – If during the progress of an

inquiry the Disciplinary Committee undergoes a change of personnel for
any reason whatsoever, the respondent shall have an option to have his
case heard de novo and the enquiry conducted accordingly.
Facts shall be placed before the disciplinary committee – The Secretary of
the Council shall place before the Disciplinary Committee all facts
brought to his knowledge which are relevant for the purpose of an inquiry
by the Disciplinary Committee.
 Architect has the right to defend – An Architect against whom a
complaint is made shall have a right to defend himself before the Disciplinary
Committee either in person or through a legal practitioner or any other
Architect of the Institute.

 Disciplinary committee shall submit report – The Disciplinary

Committee shall submit its report to the Council after studying all the
aspects of the case.

 Council will consider the report – And if necessary, a further inquiry

shall be made and a further report shall be submitted by the Disciplinary
Committee, and after considering such report the Council shall proceed
accordingly.
CIVIL OR CRIMINAL ACTION TAKEN AGAINST AN
ARCHITECT FOUND GUILTY OF PROFESSIONAL
MISCONDUCT
 When on receipt of a complaint made to it, the Council is of the opinion that the
Architect is found guilty of Professional Misconduct, he is liable for disciplinary
action by the Council of Architecture under Section 30 (2) of Architects Act,
1972.

 After holding the inquiry and after hearing the architect, the Council may, by
order, reprimand the said architect or suspend him from practice as an
architect or remove his name from the register or pass such other order as
it thinks fit.

 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.
 Handbook of Professional Practice, Council of Architecture Year Book 2018
 Ar V S Apte, Architectural Practice and Procedure, Mrs Padmaja Bhide, Publisher & Printer
 http://architectureideas.info/2008/09/coa-professional-misconduct/
 https://coa.gov.in/showfile.php?lang=1&level=1&sublinkid=302&lid=152
 https://coa.gov.in/index1.php?lang=1&level=1&sublinkid=271&lid=250
 https://www.slideshare.net/gayathriselvasegar/architecture-professional-practice-81138327