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The Architects Act 1972 • 43

such a ruling is sought on a joint statement of undisputed facts and the parties
undertake to accept it as final.

/2.7.9 Arbitration
Where any difference or dispute arising out of these Conditions of Engagement
and Scale of professional Fees and Charges cannot be determined in accordance
with interpretations cited above it shall be referred to the arbitration of a person
to be agreed upon between the parties, or failing agreement within fourteen
days after either party has given to the other a written request, to concur in
the appointment of an arbitrator, a person to be nominated at the request of
either party by the President of the Indian Institute of Architects.

~ SCOPE OF COMPREHENSIVE SERVICES

2.8.1 Sketch Stage
(i) Take Client's instructions regarding the requirements of the project
as a whole.
(ii) Acquaint the Client with the Conditions of Engagement and Scale
of Professional Charges of the Indian Institute of Architects.
(iii) Visit the site.
(iv) Prepare in agreement with the Client a programme of accommodation
and requirements.
(v) Examine Legislation, Code, and Standards as they affect the project.
(iv) Prepare preliminary Draft Sketches and notes s~cien t to explain the
Architect's general understanding of the Client's requirements and
the outline of his plan for the best way of fulfilling them including an
estimate of the order of cost involved. Estimates of cost prepared from
the preliminary Draft Sketches simply indicate from the Architec t's
experience the probable order of cost of the whole project; (Under
no circumstance shall the architect guarantee such Estimates of Cost).
(vii) Discuss the draft sketch with the Client and make such modifications
as may be necessary to satisfy the Client that his requirements will
be fulfilled.

2.8.2 Prellmlnary Stage

(i) Advise the Client on the appointment of Surveyors, Consulting
Engineers and other Consultants, where necessary.
(ii) Obtain from the Client, or prepare at the Client's expense, a
detailed topographical survey of the site to a ~cale and contour
 44 • Professional Practice
interval determined by the Architect._
the necessary data related to the
The surv~y sh~I ~
ex1stmg Pubhc Utility Serv· ~
lines of streets and pavements, bui
lding lines, adjoining pr o~ ~
Rights of Lights, restriction, easem
ents, party walls and boun<fanCs,
(iii) Assist in obtaining provisional app
rovals from Statutory B ."-
Local and other .mterested parties•
. Odies•
(iv) Obtain from the Client or prepare ~t
Client's e_xpense test site borin
soil test, and such other tests require
d to pr~v1de essential design &s,
from subsoil conditions; tests shall
. be earned out as directed b <lat.
Architect or consu1tmg . y~
engmeers.
(v) Prepare (with the assistance of Co
nsultants as necessary) a Sk
Scheme. Report and Es~1m • ate f • suffi ' d •
o cos_t, m ~tent etatl to enableeteb
Architect to proceed with the w_ork the
mg Drawmg Stage o~ the pro ~
(Estimates of Cost prepared with
Sketch Schemes are intended fi
the Client's budget forecasting).
(vi) Obtain Client's approval of the Ske ~
tch Scheme. Report and Estimate
of cost. Upon approval the Archite
ct's services in connection With
the Preliminary Stage have been com
pleted.
/ 2.8.3 Working Drawings Sta
/ ge
(i) Advise Client and obtain app
roval on the fonn of Contract and
method of placing the Main Contra
ct.
(ii) Discuss with the Client and obt
ain approval for the procedure to be
adopted with nominated Sub-contra
ctors and nominated suppliers.
(iii) Discuss with the client and
ob ~n approval for the procedure to
adopted in relation to imported ma be
terials and goods if required.
(iv) Provide the Surveyors, Engineerin
g Consultants and other Consultants
with all the necessary infonnation
to allow them to perform their
specialist work.
(v) Prepare the necessary drawings
and documents and undertake the
agreed procedure in relation to
nominated Sub-contractors and
nominated suppliers.
(vi) Prepare the necessary Schedu
les and documents and undertake the
agreed procedure in relation to all
materials and goods.
(vii) Direct and coordinate the Arc
hitectural, Engineering and Surveying
work, and prepare (with the help of • rs
Surveyors, Consulting Engi~ee
and other Consultants, as necessary
), complete working ~wings.
Schedules, Specifications and Bil
l of quantities (if required). to
describe the whole project adequa
tely for the purpose of placing
the main Contract by the approved
method.
 S:::w&a.i@ ¥S6Mhffttt 4 I &&Nwt

~tM

' The Architects Act 1972 • 4S

(viii) Prepare (with the services of a quantity Survey or if necessary) the

approv ed Form of Contract, assist to obtain approval of the Form of
Contra ct from Govern ment and Govern ment Agencies when required.
(ix) Obtain Client' s approval for any material deviation in design or
cost or the Workin g Drawings, Schedu le and Specifications from
the approv ed scheme.
(x) Assist to obtain final approvals from Statutory Bodies and other
interested parties: Upon finishing the Workin g Drawin gs, sufficient
for starting the constru ction work in hand. Schedules, Specifications,
Schedu le of Quanti ties (if required) and Form of Contract, the
Archite ct's Service s in connec tion with the Workin g Drawin gs Stage
have been comple ted.

2.8.4 Const ructio n Stage

(i) Conduc t the approv ed method of placing the main contrac t on behalf
of the Client (with the assistance of a quantity Survey or if necessa ry).
(ii) Analys e and report qn the results of the approved method of placing
the main Contra ct, and make recommendations to the Client to assist
in the final selection of the main Contractor (with the assistan ce of
a quantit y surveyo r if necessary).
(iii) Supply to the main Contractor, sufficient copies of the workin g
drawin gs, schedules, specifications, Bill of Quantities (if require d)
and other Contra ct Documents to enable him properly to fulfil his
obligat ions under its conditions of the contract.
(iv) Assist the main Contrac tor to prepare a Works Progress Schedu le.
(v) Prepare and supply to the main Contractor such further drawin gs,
specifications or details which may be required for the proper
executi on of the works.
Upon placing all contracts and supplying all drawings to the various
contractors, the Archite ct's services in connection with construction stage have
been completed.

2.8.5 Supervision Stage

(i) Check and approv e shop drawings submitted by Contractors.
(ii) Give periodical supervision and inspection as may be necessary
to ensure that the works are being execute d in general accorda nce
with the contract. Constant supervision does not form part of the
duties undertaken by the Archite ct and his supervision alone cannot
guarantee that the work is carried out strictly in accord ance with
the drawings and Specifications.

,
46 • Professional Practice
(iii) Direct the Clerk of works and other Site Sup ervi so~
appointed, to provide constant superintendence to ensures th ff, ~
work is carried out strictly in accordance with the working d at the
and specifications. raw·1
ngg
(iv) Advise Client on the progress and quality of the work.
(v) Advise Client if the total of authorized expenditure is like}
exceeded. y to be
(vi) Advise Client if the Contract time is likely to be varied.
(vii) Issue Variation Order on behalf of the Client on Client's instru .
or if changes are necessary for technical reasons. ctions
(viii) Check main Contractor's applications for payment (with the assistance
of a Quantity Surveyor if necessary).
(ix) Prepare Interim Valuations (with the assistance of a Quan.
Surveyor if necessary). tity
(x) Issue certificates authorizing payment.
(xi) Certify accounts.
(xii) Certify the final completion of the works after demobilisation
by
contractor.
Upon issuing the Final Certificate, the Architect's services in connection
with the Supervision Stage have been completed.

2.9 SCOPE OF OTHER SERVICES

Besides comprehensive services, Architect in some circumstances is required
to render allied and other services as detailed below. The fee for additional
services will be based on the time spent on the work by Architect and the
staff, and charged accordingly as per COA guidelines.
(i) Advise on the selection and suitability of sites, conduct negotiations
concerned with sites or buildings, make measured surveys, taking
levels, and prepare plans of sites, sites and buildings or existing
buildings.
(ii) Inspect, prepare reports or give general advice on the condition of
premtses.
(iii) Prepare schedule of dilapidations and negotiate them on behalf of
landlords or tenants, take partic: 1lars on site, prepare specifications
for repairs and supervise their execution.
(iv) Make structural investigations, the limits of which shall be clear~Y
defined and agreed in writing such as are necessary to asce~
whether or not there are defects in the walls, roofs, floors, and dnun
of a building which may materially affect its life and value.
 The Architects Act 1972 • 47
to
(v) Undertake a preliminary technical appraisal of a project sufficient
enable the client to decide whether, and in what form to proceed,
and make town Planning enquiries or applications for outline Town
Planning approval. Such an appraisal may include an approximation
of the cost of meeting the client's requirements, a statement upon the
need for consultants, an outline timetable and a suggested contract
procedure.
(vi) To prepare Master Plans for the ultimate development of a site when
the Client proposes to undertake the development in two or more
stages involving separate contracts.
(vii) Prepare for the use of the Client special drawings, photographs, scale
models, folders and repor_ts.
and/
(viii) Amend drawings and/or specifications or prepare new drawings
or amend drawings, specifications to give effect to alterat ions of
Client's instructions, or to changes in design due to causes outside
the Architect's control.
es
(ix) Prepare and or amend drawings, specifications and reports for purpos
of obtaining statutory approvals and the approval of other interested
persons; also for purposes of negotiating agreements including
Party Walls. Rights of Lights and other easements, reservations and
restrictions.
(x) Consult with outside authorities and persons having rights and
powers in relation to the works or to the site; negotiate in connection
with obtaining statutory approvals and agreements from Government
Departments or Public Authorities; also negotiate other agreements
including Party Walls, Rights of Lights and other easements,
reservations and restrictions.
(xi) Arising out of litigation and arbitration.
(xii) Arising from delay in building operations whether from bankruptcy
or liquidation of the contractor or from any other cause beyond the
control of the Architect.

2.10 SCOPE OF ALLIED SERVICES

fees.
The services described under this head require the payment of additional

Urban design
sional
Fees for town planning work shall be in accordance with the Profes
all layout shall
charges of the Institute of Town Planners India, except that
be charged on time basis.
 ~
48 • Professional Practice

Lands cape desig n

The cost of all site works designe d under the directio n of the Archit
the same or separat e buildin g or landsca pe contr~cts shall be includ:it ~1l<let
total constru ction cost of the works and the archite ct shall be entitI 1n tilt
works and the archite ct shall be entitle to the approp riate percenta eel to tilt
.
laid ~fu
down. es aa
Specia list advice on the selectio n of plants and materia ls, visits to
and all other additio nal service s, shall be charge d on a time basis. nurseneg,

Interi or desig n
Where special service s, includi ng the provisi on of special sketch .
detaile d advice on the selectio n of furnitu re, fittings and soft furnish~tudies,
provide d, the percent age fee for each stage of service shall be double
new works.
::!
lilt
f0r
For shop fittings, shop fronts and interior s exhibit ion design and si .
works includi ng both the remode lling of existin g shops and the desi lllilar
new units both indepen dently and within the shell of an existing buildin r
percen tage fee for each stage of the normal service shall be double ~ for
t
new works.
For the design of special items of furnitu re and fittings for limited
produc tion only the percent age fee shall be 15% on the total production cost,
Alterna tively fees may be on a time basis.
For advisin g on the commi ssionin g of special works of art, the selection
of paintin gs and sculptu re, etc., and for superv ising their installation fees shall
be on a time basis.

Litiga tion and arbitr ation

For qualify ing to give evidenc e, setting proofs, confere nces with solicitors,
attenda nce in court or at arbitrat ions or before other tribuna ls for services in
connec tion with litigatio n and for arbitrat ion fees shall be on a time basis.
Time charge s for princip als time shall be stipula ted amount per hour with
a minimu m of specifie d amoun t for acting as arbitrat or.

Fees and charg es

Prescri bed fee is based on the followi ng conside rations :
1. The effort involve d in prepari ng designs
2. The cost involve d in making drawin gs
3. The cost of superv ision in terms of time
4. Adequa te compen sation for respons ibilities
5. A profit for the archite ct
~S@Aii

The Architects Act 1972 • 49

three main categories:

The fees payable to architect falls into
m fee payable as percentage of total
1. Comprehensive service: The minimu
w. The percentage varies with the
cost of ~xecuted works ~s as given belo
ect.
overall size and complexity of the proj
although common to many building
2. Allied service: Fees for work which
or which is so variable that it cannot
projects does not necessarily arise in all
basis. Such work is charged on time
reasonably be charged on a percentage
and effort spent.
(out of city), advising, consultancy,
3. Other services: Include site visit
tion of contractor's bill.
documentation, verification and certifica
le of charges
Conditions of engagement an d sca
revised and approved by COA on 12
First passed in 1989, but subsequently
02/APR/12/13).
& 13th April 2002 (Ref: COA/doc/03/20
by the Architects Act, 1972, and
The architectural profession is regulated
Council of Architecture has prescribed
the regulations framed thereunder. The
le of Charges under the Architects
the Conditions of Engagement and Sca
9. It stipulates the p~ ete rs within
(Professional Conduct) Regulation, 198
. It defines the responsibilities, the
which the Architect is required to function
e the mandatory minimum scale of
scope of work and services, and prescrib
ing the Client fully aware of the duties
professional charges with a view to mak
Architect. The professional services
and services which he may expect from the
prehensive in scope in all cases, and
required by the Client may not be com
een the two must be arrived at. The
accordingly a clear understanding betw
Conditions of Engagement based on
Council of Architecture has prescribed the
a. These guidelines are applicable to
general practice of the profession in Indi
ts who have specialized in areas such
the registered architects and such architec
Planning, Landscape Architecture,
as Structural Design, Urban Design, City
servation.
Interior Architecture and Architectural Con

✓ AL SERVICES
2.11 COMPREHENSIVE ARCHITECTUR

1. Scope of Work
ices in respect of the following:
The Architect is required to provide serv
Part I - Architecture
aration of design brief
I.I Taking Client's instructions and prep
of existing and/or proposed
1.2 Site evaluation, analysis and impact
development on its immediate environs
1.3 Design and site development
1.4 Structural design
supply sewerage design
1.5 Sanitary, plumbing, drainage, water
 50 • Professional Practice
1.6 Electrical, electronic, commu
nication systems and d e s
1.7 Heating, ventilation and 0
air conditioning design (HVA
mechanical systems C) and
1.8 Elevators, escalators, etc. ~
1.9 Fire detection, Fire protec
tion and Security systems, etc
1.1O Periodic inspection and .
evaluation of Construction wo
rks
Part II - Allied Fields
1.11 Landscape Architecture
1.12 Interior Architecture
1.13 Architectural Conservatio
n
1.14 Retrofitting of Buildings
1.15 Graphic Design and Sig
/ nage
v-2. Schedule of Services
The Architect shall, after tak
ing instructions from the Cli
following services: ent, render ~
Concept Design (Stage 1)
2.1 Ascertain Client's requir
ements, examine site constra
potential; and prepare a design ints and
brief for Client's approval.
2.2 Prepare report on site eva
luation, state of existing buildin
and analysis and impact of exi gs, if any;
sting and/or propsed developm
its immediate environs. ent on
2.3 Prepare drawing and docum
ents to enable the Client to get
detailed survey and soil invest done the
igation at the site of the projec
2.4 Furnish report on measu t.
re required to be taken to mit
adverse impact, if any, of the iga te the
existing and/or proposed develop
of its immediate environs. ment
2.5 Prepare conceptual design
s with reference to requirement
prepare rough estimate of cos s given and
t on area basis.
Preliminary Design and Draw
ings (Stage 2)
2.6 Modify the conceptual des
igns incorporating required cha
prepare the preliminary drawi nges and
ngs, sketches, study model, etc.
the Client's approval along wi , for
th the preliminary estimate of cos 00
area basis. t
Drawings for Clients/Statuto
ry Approvals (Stage 3)
2.7 Prepare the drawings nec
essary for the Client's/statutory_
and ensure the compliance wi ap~rov~
th codes, standards and legislaUOO
applicable and assist the Client ~als
in obtaining the statutory aPPfO
thereof if required.
 ~!~~-~-~,~~·~he Architects Act 1972 • 51
Working Drawings and Tender Documents (Staie 4)
2.8 Prepare the working drawings, specifications and the schedule
~f documents including a code of practice covering the aspects
like mode of measurement, method of payments, quality control
procedures on materials and works and other conditions of contract.
Appointment of Contractors (Stage S)
2.9 Invite, receive and analyse the tenders; advice the Client on
appointment of contractors.
Construction (Stage 6)
2.10 Prepare and issue working drawings and the details for the proper
execution of works during the construction.
2.11 Approve the samples of various elements and components.
2.12 Check and approve the 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 an advice on the 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 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 a Certificate of Virtual Completion of Works.
Completion (Stage 7)
2.16 Prepare and submit the completion reports and drawings for the project
as required and assist the Client in obtaining a ''Completion/Occupancy
Certificate" from the statutory authorities, wherever required.
2.17 Issue two sets of as built drawings inlcuding services and structures.
viProfessional Fee
3.1 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.
3.2 Any tax levied by the Law, such as Service tax, etc., contingent to
the 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.
 52 • Professional Practice
4. Schedule of Payment
The Architect shall be paid profession
al fee in the following stages con .
with the wo rk done plus other charges
and the reimbursable expenses as ;;tent
u~ :
~
Retainer
On appointment/signing of Agreement - Rs. 20M * or 5% of the
acceptance of offer total fees payable, which-
eve r is higher, adjustable
at the last stage.
Stage 1
On submitting the conceptual designs - 10% of the total fees
and rou ght estimate of cost.
Stage 2
On submitting the required preliminar - 20% of the total fees
y
sch em e for the Clients approval along
payable less the payments
wit h the preliminary estimate of cost.
already ma de at Stage 1.
Stage 3
a. On incorporating the Cli ent 's sug
ges- - 30% of the total fees
tions and submitting the drawings
payable less the payment
for the approval from the Client/
already ma de
statutory authorities, if required.
b. Up on Client's/statutory approval
- 35% of the total fees
necessary for commencement of
payable less the payment
construction, wherever applicable
already made at the
stages 1 to 3a.
Stage 4
Up on preparation of working drawings
- 45% of the total fees
specifications and schedule of quantities
payable less the payment
sufficient to prepare the estimate of cos
t already made at the
and preparation of tender documents.
stages 1 to 3b.
Stage S
Up on inviting, receiving and analysing
- 55% of the total fees
tenders, advising the Client on the
payable less the payment
appointment of contractors
already made at the
stages 1 to 4.
Stage 6
a. On submitting working the drawin - 65 % of the total fees
gs
and the details required for the com- payable less the payment
mencement of work at site already made at the
stages l to 5.
 wwww- C 4 C:JJW« &Aiif >tc::.caxw: a=

The Architects Act 1972 • 53

b. (i) On completion of 20% of the - 70% of the total payable

work less the payment already
made at the stages 1 to 6a.
(ii) On completion of 40% of the - 75 % of the total payable
work less the payment already
made at the stages 1 to
6(b)(i).
(iii) On completion of 60% of the - 80% of the total fees
work payable less the payment
already made at stages
1 to 6b(ii).
(iv) On completion of 80% of the - 85% of the total fees
work payable less the payment
already made at the
stages 1 to 6b(iii).
(v) On Virtual Completion - 90% of the total fees
payable less the payment
already made at the
stages 1 to 6b(iv).
Stage 7
On submitting a Completion Report - 100% of the fees
and the drawing for issuance of payable less the
completion/occupancy certificate by payment already
the statutory authorities, wherever made at various
required and on issue of as built stages and retainer.
drawings.
/ .Effecting Payment to the Architect
the actual
5.1 The fee payable to the Architect shall be computed on
itect at
cost of works on completion. The payment due to the -Arch
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
t to the
5.2 Progressive, on account, payments shall be made by the Clien
um of
Architect against any of the above stages based on the quant
en
work done during that stage, as may be mutually agreed to betwe
the Client and the Architect.
on account
5.3 No deduction shall be made from the fee of the Architect
eld
of penalty, liquidated damages, part rates or other sums withh
from the payment or recovered from the contractor's suppliers.