Exam past papers - Initial Questions

Question 1

Outline the duties of the ARB - Architects Registration Board.

Answer 1

• Maintain a ‘Standard of Conduct and Practice’ for regulation of the profession.
• Investigates complaints and disciplines those that fall short of the standards set in the Code.
• Maintains a register of architects
• Prescribes qualifications and practical experience for registration.
• Investigates and prosecutes those who unlawfully call themselves architects.

Question 2

Outline the constituent parts of the ‘Contract Documents’ which are likely to be encountered in a JCT Form of Contract, with quantities.

Answer 2

• The ‘JCT 05’ Contract and Abstract of Particulars – establishes the legal framework of the contract.
• ‘Project Specification’ - defines the standard of workmanship and quality of materials,
• The ‘Bills of Quantities’ including ‘Preliminaries’ – quantifies the materials to be used and describes the work to be undertaken.
• ‘Contract drawings’ – the principal plans, sections and elevations along with specific construction drawings to amplify the scope of work.
• The ‘Pre Tender Health and Safety Information’

Question 3

Outline the A.R.B. Architects Code for ‘Standards of Conduct and Practice’

Answer 3

Is a source of ethical guidance and establishes principles of good
practice for practising architects with a view to safeguarding the
reputation of the profession.
• Provides a bases for disciplinary action by ARB where architects fall
below these standards

Question 4

Describe the purpose of a Collateral Warranty Agreement and who are likely to be the signatories to it.

Answer 4

• To establish a duty of care where no direct contract exists.
• No enable 3rd parties to instigate actions against designers or sub-contractors etc. where injury or death has occurred or where there has been financial loss.
• Tenants, funders principal sub contractors and designers etc.

Question 5

Outline the purpose of the ‘COSH’ Regulations.

Answer 5

• To control the use of substances that may be hazardous to health such as solvents, paints, powders and oils, because they generate smoke, dust or vapour and can cause respiratory problems, irritation to the skin etc.
• The regulations also apply to processes such as welding, grinding & flame cutting etc.
• Applies to virtually all processes in all industries.
• Requires that employers demonstrate that they are adequately controlling exposure of their employees to such materials and processes.

Question 6

The form that ‘Continuous Professional Development’ might take for a practising architect.

Answer 6

• Formal CPD events as organised by the RIBA or RIAS.
• Accredited CPD events as run by product manufacturers.
• CPD videos, tapes or books from the RIAS Distance Learning Library.
• Personal recorded CPD from personal reading.
• Being a member of RIBA or RIAS Practice Services, reading their Practice Bulletins and recording the outcomes.
• 35 hours CPD required, part of which must be on health and safety. Architects should achieve 100 points per annum.

Question 7

What are the Architect, Clerk of Works and Contractor’s role in ‘site inspection’ / ‘supervision’ of a building project.

Answer 7

• The normal role of the architect and clerk of works is that of ‘inspector’ of the work - to check the work, identify areas of non compliance and refer them to the contractor to deal with.
• The contractor on the other hand is inspected to ‘supervise’ the work and this role would normally be undertaken by a site agent or foreman employed by him. His responsibility is to ensure that the works are undertaken in accordance with the contract documents issued by the architect along with any Architect’s Instructions.

Question 8

The law of ‘tort’ / ‘delict’ and that of ‘contract’.

Answer 8

• The law of ‘tort’ or ‘delict’ is the obligation imposed on all of us to take reasonable care not to cause personal injury or death to others and the obligation not to cause economic loss through negligent misrepresentation or damage to the property of others by reason of wrongful misconduct. It is a general Duty of Care
• A ‘contract’ is an agreement between one or more parties for goods or services that is enforceable in law.

Question 9

What is “Self Certification” in a Building Warrant context.

Answer 9

• A means by which qualified persons can certify that certain aspects of a design or construction meet with the requirements of the Building Standards (Scotland) Regulations - i.e. structural engineers, roof truss manufacturers, precast flooring manufacturers and electricians.

Question 10

Outline the relationship between the two formal parts of the “Development Plan”.

Answer 10

• The ‘Development Plan’ comprises the approved Structure Plan along with the adopted Local Plan.
• The Structure Plan outlines the strategy for the region which will likely encompass 2 or more council controlled areas. It will outline the strategy for housing, industry and leisure etc and will focus on transport infrastructure for the region.
• The Local Plan will be specific to a particular authority controlled area and will develop the policies in greater detail for the area identifying specific areas for development for housing and industry etc.

Question 11

The following terms in a Planning Context:

• ‘Bad neighbourhood Development’,
• ‘Section 75 Agreement’.

Answer 11

• A list of Bad Neighbour Developments is listed in Schedule 2 of the General Procedure Development Order and includes such buildings and activities as theatres, night clubs, slaughterhouses, hot food shops, and public toilets. By designating these as Bad Neighbour Developments, the planning system endeavours to control where they are located.
• Section 75 agreements generally impose certain restrictions on the development or use of land and may require the developer to make payment towards certain facilities including sewers and roads etc.

Question 12

What are the ‘Designer’s’ responsibilities under the CDM Regulations.

Answer 12

• Co-operation with other members of the design team & the Planning
Supervisor.
• To eliminate or control any significant risks in construction,
maintenance and demolition of the building.
• To observe that the principles of the Health & Safety Plan are being
followed.
• To provide information for incorporation within the Health and Safety
Plan and File.

Question 13

Comment on Architects’ copyright.

Answer 13

• Architects own the copyright in everything they undertake. Once a
client has paid for services up to a point where the works can be
executed on site, the client effectively is granted a licence to construct
that project on the site for which it was intended. A separate licence is
required if the project is to be replicated or constructed on a separate
site.

Question 14

Define “Development’”, in land-use planning terms.

Answer 14

“development” means the carrying out of building, engineering, mining or
other operations in, on, over or under land, or ……… the making of any
material change in the use of any buildings or other land.
(Town and Country Planning (Scotland) Act 1997 Chapter 8 Para26)

Question 15

What are the functions of the ‘A.R.B’., ‘R.I.B.A’. & the ‘R.I.A.S.’

Answer 15

ARB

• Maintains register of architects.
• Prescribes the qualifications & experience required to practice.
• Monitors and controls the level of competence to practice.
• Controls the use of the word ‘architect’.

RIBA.

• To advance and promote architecture throughout the UK; bookshop, architectural publications, RIBA Journal, award schemes, CPD, competitions, Directory of Practices, reference library & Specialist Collections etc. and
• To provide PI insurance for architects and provide advice on legal and contractual issues.
• Monitors the standard of architectural education and practice in schools of architecture.

RIAS.
- Similar to the RIBA for members of the Scottish Institute; but excludes the last item relating to architectural education.

Question 16

What are the various forms of dispute resolution.

Answer 16

• Conciliation.
• Mediation.
• Adjudication.
• Arbitration.
• Litigation.

Question 17

What forms of insurance an architectural practice would have.

Answer 17

• Professional Indemnity insurance.
• Employer Liability insurance including that for third parties.
• Building’s and content’s insurance.

Question 18

What are the benefits of having a ‘National Building Specification’ (NBS).

Answer 18

• To clearly identify the standard of workmanship and quality of
• For use as a database of good practice and current standards to reduce the possibility of claims.
• To facilitate a co-ordinate approach when preparing the working drawings.

Question 19

The purpose of and likely signatories to the following types of contract:
• The ‘JCT 05’ Form of Contract,
• The Scottish Conditions of Appointment ‘SCA/2000.
• ‘Collateral Warranty’ / ‘Duty of Care Agreement’.

Answer 19

• Contract between the client and the contractor for construction or demolition works. Would be typically used on medium to large contracts.
• Contract between the architect and the client for design and other types of services.
• A contract which binds third parties, typically funders, tenants, specific sub-contractors into a contractual situation with client, developer and design team, where such a contract would otherwise not normally exist.

Question 20

Outline the Disability Discrimination Act.

Answer 20

The Disability Discrimination Acts (DDA) of 1995 and 2005 endeavors to ensure that equal opportunity is extended to all including people with disabilities in terms of the following:

• Employment,
• Education,
• Access to goods, facilities and services including setting minimum standards to enable disabled people to use public transport systems,
• Access to an movement around and within buildings including the provision of ‘Amenity Spaces’ designed as the minimum circulation areas required within toilets, kitchens and bedrooms etc.

Question 21

Make comment on “Staged Building Warrants”.

Answer 21

• Used for fast tract projects where, separate staged warrants are submitted i.e. for superstructure, services, fit-out; but initial application must show that overall proposals will comply with Building Standards.

Question 22

What are the 12 standards in the ARB code of conduct?

Answer 22

Standard 1 - Be honest and act with integrity
Standard 2 - Be competent
Standard 3 - Promote your services honestly and responsibly
Standard 4 - manage your business competently
Standard 5 - Consider the wider impact of your work
Standard 6 - Carry out your work faithfully and conscientiously
Standard 7 - Be trustworthy and look after your clients’ money properly
Standard 8 - Have appropriate insurance arrangements
Standard 9 - Maintain the reputation of architects
Standard 10 - Deal with disputes or complaints appropriately
Standard 11 - Co-operate with regulatory requirements and investigations
Standard 12 - Have respect for others.

Question 23

Name the component parts of the SCA 2000 (Nov 2011) Revision.

Answer 23

• Memorandum of Agreement
• Schedule of Project Details
• Schedule of Services
• Definitions
• Conditions of Appointment

Question 24

What is PII; why is it required; who should have it?

Answer 24

• Protection against liability incurred in practice or business related to architecture needs to be in place in the interests of both client and architect. Allegations of professional negligence often involves complex and detailed issues, and litigation may be expensive and traumatic. Professional Indemnity Insurance or other appropriate insurances are necessary to protect the architect against claims.
• There is a minimum limit of indemnity – which is £250,000 for each and every claim, there should be sufficient cover to enable them to meet claims arising from professional practice such as personal injury, as well as loss, damage, delay and additional costs.
  • PII is for anyone who:
  • - gives advice to clients
  • - provides a professional service
  • - handles confidential information
  • - uses copyrighted material or intellectual property belonging to others
  • - or if you belong to a professional body where professional indemnity insurance is compulsory

Question 25

What are the five general categories with the Plan of Work. State the names of each Stage and allocate them to the general categories.

Answer 25

1. Strategic Definition
2. Preparation and Brief (Appraisal and Design Brief)
3. Concept Design (Concept)
4. Developed Design (Design Development and initial Technical Design)
5. Technical design (Technical Design and Product Information – at the end of which it is Tender Docuemntatin and Tender Action)
6. Construction (Mobilisation and Construction to Practical Completion)
7. Close-Out and Hand-over (Post-Practical Completion)
8. In-use

Question 26

Briefly name and describe the various forms of dispute resolution within a Contract.

Answer 26

• Mediation – A negotiation between parties involved to a mutual agreement, not legally binding unless parties enter into a contract.
• Litigation – Where the decision is decided by a court of law
• Arbitration – Legally Binding
• Adjudication – Legally Binding

Question 27

What is the difference between a Certifier and a Verifier in terms of the Building (Scotland) Act 2003

Answer 27

• The principal role of the verifier is to grant building warrants once they are satisfied that the design will satisfy the expanded functional standards introduced by the Act. They should be impartial and their working practices transparent. They should be competent and consistent in their activity. They must be accountable for their actions.
• A Certifier is a government approved individual who certifies parts of a building design or construction which complies with the Building (Scotland) Regulations 2004. By using a certifier you get reassurance that the work complies
• And the verifier does not need to check work which has already been certified, although they will need to confirm the approved certifier’s registration.

Question 28

When might an architect be asked to enter into a Collateral Warranty and what is its purpose.

Answer 28

• to establish a duty of care where no direct contract exists
• To enable third parties to investigate actions against them if injury or death has occurred or where there has been financial loss.
• It is commonly a tenant, funder that will ask for an architect to sign a collateral warranty, to ensure security of their asset.

Question 29

In relation to the NEC Engineering and Construction Contract briefly explain what is meant by Main Options and Secondary Options giving an example of each.

Answer 29

• The main options in a NEC contract reflect the procurement routes available, each of the 6 relate to either cost, quality or time. One form of which is a Management contract.
• The secondary options are those to which one may add on to the first such as a liquidated damages clause, or sectional completion or staged warrant, these are more measures in ensuring the contract is completed in reasonable time.

Question 30

What is meant by Enforcement in respect of the Planning (Scotland) Acts 2006.
In reference to the Planning (Scotland) Act 2006, key objectives of enforcement are :

Answer 30

• To remedy undesirable effects if unauthorised development
• To bring unauthorised activity under control.
  It is essential that planning authorities strive to secure these objectives, otherwise the credibility of the system will be undermined.

Enforcement is issued when there is:
- a breach of planning control such as carrying out any development without the required planning permission.
- Or failing to comply with any condition or limitation subject to which planning had been granted.
- Initiating development without giving notice
Taking enforcement action would be to issue:
- an enforcement notice
- a breach of condition notice
- a notice requiring application for planning permission for development already carried out.

Question 31

Give an outline description of a designer’s obligations in terms of the CDM Regulations.

Answer 31

• No designer shall commence work in relation to a project unless any client for the project is aware of his duties under the regulations
• They shall in preparing and modifying a design which may be used in construction, avoid forseable risks to the health and safety of any person.
• In designing any structure for use as a work place they should take into account of the provisions of the Welfare (Health, Safety and Welfare) Regulations 1992 which realte to the design of and materials used in structure.
• They should provide sufficient information about all aspects of design and structure or construction and maintanence as would adequately assist.