A profession evolves when there is a demand for a particular service in which the servitor requires extensive and intensive training in the identified discipline. This training is reinforced through established schools of thought, where the graduates come together to define a professional body. The professional bodies are stratified and they identify rules, regulations, and norms of practice to safeguard the responsibility of the career toward humanity. The profession helps societies and, in turn, people to get organized and aid in the balance of power and protection from outside market sources. This system helps to prevent outsiders invade into the system and ensures the preservation of the state through public approval which helps in the smooth delivery of the services.
Professional Ethics and Codes of Conduct
Professional ethics are the norms and principles to be followed and respected by professionals for the smooth functioning of the profession. Architects have the power and control over the production of space. They exercise this power directly through professional practices or indirectly through professional organizations. An architect should strive to prevent unethical practices in the production of space. The Professional Codes prepared by the architects’ organizations serve as a guide defining the personal and collective responsibilities of the architect.
Codes of Conduct for Indian Architects
All the graduates from Indian architectural schools of thought register with a government body called the Council of Architecture(COA) for professional practice. On registering with the Council of Architecture (COA); an architect receives a unique registration number. Any architectural activity conducted without registering with the COA is considered illegal. The Indian Architects Act of 1972 and the Professional Code of 1989 further safeguard the interests and define the role of an architect towards humanity.
Indian Architects Act 1972
The Council of Architecture (COA) is the official body responsible for all architects through which contracts can be made, one can sue or be sued. Having its headquarters in Delhi; it also specifies the number of members who need to be on the Council and their mode of election. It also specifies how the registration process needs to be conducted for which the individual’s birth certificate, national identification card, relevant school documents, and degree certificate from a known institution are cross verified. It also defines the punishments for those who give false representations.
Professional Code of Conduct 1989
An architect either employed or practicing is entitled to come under the Central Civil Services, the permanent executive body of the Federal government of India. As per the code of conduct, an architect’s professional activities should not conflict with his responsibilities. An architect is entitled to consciously apply his skills and provide quality service for the upliftment of society, protection of the environment, and contribute to the economic development of India in a sustainable way. The architect should also promote architectural research and training and engage in architectural education.
An architect is expected to maintain very high standards of integrity and should act with impartiality and administer a contract with a fair deal by respecting and recognizing the professional responsibilities of consultants. While dealing with a client, awareness about the conditions of engagement and terms of agreement forms the basis of any appointment. Also, one should not sub-commission work to another architect or a group of architects without the consent of the clientele or accept gifts, discounts, or commissions in any form except the remuneration specified by the COA.
Guidelines on Architects Professional Liability
One of the pressing questions to the architectural fraternity is the professional liability of the architects for buildings that are designed, constructed, and completed by them but remain under the control and management of the owners or the occupants. Whenever a building collapses, the architects are condemned and criticized for reasons for which they are not responsible. Under these circumstances, the Guidelines on the Architect’s Professional Liability elaborate on what grounds an architect should be held responsible for a negligent act and highlight the client’s duties and responsibilities which aid in increasing the longevity of the building. The guidelines help the architect from undergoing unnecessary mental agony and stress due to disrepute and false accusations.
As per the guidelines, the client is the recipient and the architect is the service provider. An architect is responsible for a negligent act if the required service to the client lacks proficiency, competence, skill, and care. However, there are some exceptions for which the architect will not be responsible. The architect will not be responsible, if the building’s intention is changed, the design is modified by the owner or the occupant without the architect’s approval, safety norms are compromised or damages are caused that are beyond control.
Conclusion
The architect should also adhere to the professional indemnity insurance policy and maintain all the records related to a project for a minimum period of four years after the virtual completion certificate for a project is issued. After the building is handed over or occupied by the owner, an architect’s liability does not extend beyond a period of three years. The architect should adhere to the Indian Architects Act of 1972, the Professional Code of Conduct 1989, and the Guidelines on Architects’ Professional Liability.
It is important to note that if the architect has committed a negligent act and disciplinary action is taken by the COA, it does not absolve him of his liabilities under the Code of Civil Procedure1908 and Code of Criminal Procedure, the Law of Torts, the Consumer Protection Act 1986, the Indian Penal Code 1860, etc if any. The individual responsibilities of the architectural fraternity are strengthened through the Codes of Conduct. To foster sustainable construction practices, and to make it the norm of the future, the collective responsibilities should be further reinforced through a triple-bottom-line approach to ensure success through the key areas of people, profit, and the planet.
References
- Architectural Codes of Conduct in India. [online]. Available at: http://www.coa-india.org/practice/practice.htm [Accessed date: 2 July 2023].
- Architects Professional Guidelines. [online]. Available at: https://www.coa.gov.in/index1.php?lang=1&level=1&&sublinkid=271&lid=250 [Accessed date: 2 July 2023].
- Sadri,H. (2012). Professional Ethics in Architecture and Responsibilities of Architects Towards Humanity. Research gate. Available from: https://www.researchgate.net/publication/278685325_Professional_Ethics_in_Architecture_and_Responsibilities_of_Architects_towards_Humanity [Accessed: 2 July 2023].
