PC1 Professionalism Flashcards
Architect’s Act 1997 (Act of Parliament)
Protects title of Architect: ‘A person shall not practice or carry on business under any name, style or title containing the word ‘architect’ unless he is a person registered under this Act.’ BSA gives powers to ARB to promote standards of competency amongst architects. Registration for non-UK citizens more complicated since Brexit.
Protected Title
Title ‘Architect’ protected by law in the UK under Section 20 of the Architects Act 1997. It can only be used in business or practice by someone who has had the education, training, and experience needed to join the Architects Register and become an architect. Architects in UK have unique statutory regulation by ‘protection of title’ with no ‘protection of function’. RIBA campaigned for statutory recognition from the 1890s
Misuse of Title
ARB as regulator has role to protect the title ‘architect’ and take action against those who misuse it. Criminal offense to use it in business or practice. No other built environment profession has statutory regulation. Can be fined up to £2,500 per count
Professionalism
Doing work that is paid; applying specialist knowledge or expertise; completing specific training and qualifications; working impartially; applying independent informed judgement; working ethnically within a set of codified values; being honest and trustworthy; balancing different needs of clients, users, society, and the environment; Having a wider public interest and long-term view for the greater good. Current challenges: Knowledge; Public Opinion; Procurement; Environment. New Expectations: Arbiter; Business Skills; Catalyst; Competence and Stability; Delivery; Empathy; Integrity; Ethics; Judgement; Knowledge; Leadership and Teamwork; Visionary. ARB Architects Code + RIBA Code of Professional Conduct + ARB Part 3 Criteria PC1
Continuing Professional Development (CPD)
Doing work that is paid; applying specialist knowledge or expertise; completing specific training and qualifications; working impartially; applying independent informed judgement; working ethnically within a set of codified values; being honest and trustworthy; balancing different needs of clients, users, society, and the environment; Having a wider public interest and long-term view for the greater good. Current challenges: Knowledge; Public Opinion; Procurement; Environment. New Expectations: Arbiter; Business Skills; Catalyst; Competence and Stability; Delivery; Empathy; Integrity; Ethics; Judgement; Knowledge; Leadership and Teamwork; Visionary. ARB Architects Code + RIBA Code of Professional Conduct + ARB Part 3 Criteria PC1
Continuing Professional Development (CPD)
Activities undertaken to ensure professional skills up to date with latest industry developments. BSA means all architects will have to comply with new requirements. CPD is not currently mandatory to maintain license.
RIBA CPD Requirements
Chartered members need to undertake minimum 35 hours of relevant learning annually, half of CPD is structured, 20/35 hours on 10 mandatory RIBA Core Curriculum CPD topics (2 hours per topics per year), acquire minimum 100 learning points, and record using RIBA CPD recording tool.
RIBA Professional Education and Professional Development Framework Core Competencies
Architecture for Social Purpose; Health Safety and Wellbeing; Business, Clients, and Services; Legal, Regulatory, and Statutory Compliance; Procurement and Contracts; Sustainable Architecture; Inclusive Environments; Places, Planning, and Communities; Building Conservation and Heritage; Design, Construction, and Technology
Maintaining Competences
Under the Architect’s Act 1997 Section 9, architects must ensure they are competent to practices. Applies at time of registration and throughout architect’s working life. ARB Code Standard 2 indicates architects expected to keep (their) knowledge and skills relevant to (their) professional work up to date and be aware of the content of guidelines issued by the Board from time to time. ARB’s General Rules, Rule 19 says an individual will have attained minimum levels of knowledge, understanding, and skills in areas relevant to practice. These levels are the minimum levels of competence an architect must maintain. At the moment there is no formal requirements for competence. Activities which are undertaken as part of a CPD scheme should also help to maintain competence. Such activities are not limited to attending formal courses, lectures or seminars, but can include work-based learning, professional activities and self-directed learning. Maintaining competence does not rely solely on CPD, but could include any or all of the following: active engagement in practice, teaching, study of architecture. RIBA has a CPD curriculum with input from ARB. If this is satisfied then the Board is also satisfied with competence. Building Safety Act 2022 will give ARB power to monitor and training and development of architects. ARB will introduce scheme for monitoring CPD that will encourage architects to maintain and develop competence to practice.
Professional Indemnity Insurance
All architects in business or practice expected to hold insurance (normally in form of PII) and under Standard 8 of the Architect’s Code of Conduct: 8.1 states “adequate and appropriate insurance cover for you, your practice, and your employees… insurance is adequate to meet a claim.. expected to maintain a minimum level of cover, including run-off cover, in accordance with ARB’s guidance’. Considerations need to be given to date the practice firm commenced work and start date of cover. Provides insurance cover against claims of negligence.
Limit of Indemnity
ARB recommend minimum LOI provided by PII should be £250,000 for each and all claims in practice and including from personal injury, loss, damage, delay & additional costs. As well as architects with limited turnover or engaged in private works (outside main employment) need minimum level of cover. Architect should consider cover for legal costs including disciplinary hearing, alternative dispute resolution and insurer’s approach to claims-handling.
Run-Off Cover
Cover is made on claims-made basis so insurance must be held when claim is made not when incident occurred. Work should be covered in case practice ceases to cover work previously undertaken. ARB recommends minimum 6 years run-off (5 years in Scotland). Cover should be same amount highest level in 3 years prior to cessation of practice.
PII Insolvency
Should take appropriate steps to protect interests of former clients including making enquiries on run-off cover to cover previous liabilities and inform present and previous client of the position. Run-off cover expected to cover outstanding liabilities if business is closing down voluntarily and should be part of expense of winding-up a practice regardless of limited company or LLP.
PII Notification
Need to notify insurers ASAP of any circumstance that may lead to a claim and keep insurer updated on any new information that arises in respect of ongoing claim. Can also ask advice and talking should not affect premium in itself. Failure to notify in good time may result in late claim being rejected.
Market conditions and Fire Safety Exclusions (2020)
In response to Grenfell Tower disaster, the PII asking more questions to prospective clients for high-risk properties in particularly. There is reduced capacity for new insurance, premium are increasing, insurers more diligent in risk scrutiny, and exclusions are imposed more widely (particular to cladding and fire-safety design). Architectural practices should have accurate record-keeping, knowledge of materials, robust internal procedures, and risk management process for current and future projects to be more attractive to PI insurers. Renewing insurance successfully should include: prepare application in advance of renewal, demonstrate understanding of business and risk-profile, accurate claims history document, robust contractual documentation and you are not carrying liability on behalf of sub-consultants or other parties to the contract, options how to ring-fence high-risk project to not impact risk profile with other clients, do not rely on proposal form alone. ARB advises increase in premium not a valid reason for not renewing insurance.
Architects Registration Board (ARB)
Statutory body set up by parliament to 1. Maintain register of architects. 2. Control use of the title 3. Prescribe qualifications for entry to the register 4. Regulate profession under code of conduct 5. Ensure codes not broken through disciplinary procedures. Independent, public interest body established by Parliament in 1997. 11 Board members (6 lay members and 5 architects).
ARB ‘The Architect’s Code: Standards of Professional Conduct and Practice’
Section 13 of The Architect’s Act requires the ARB to issue a code laying down the standards of professional conduct and practice of architects. Failure to comply shall be considered in any disciplinary proceedings before ARB’s Professional Conduct Committee. Standards: 1. Honesty and Integrity; 2. Competence; 3. Honest Promotion of your services; 4. Competent management of your business; 5. Considering the wider impact of your work; 6. You should carry out your professional work conscientiously and with due regard to relevant technical and professional standards; 7. Trustworthiness and safeguarding clients’ money; 8. Insurance arrangements; 9. Maintaining the reputation of architects; 10. Deal with disputes or complaints appropriately; 11. Co-operation with regulatory requirements and investigations; 12. Respect for others;
Parallel Proceedings (Breach of ARB Code)
ARB may suspend an investigation pending the outcome of civil or criminal proceedings where this is necessary in the interests of justice.
Civil or Tribunal Proceedings (Breach of ARB Code)
If a civil action is brought against you, facts giving rise to a civil suit may result in disciplinary proceedings if they disclose serious professional incompetence or unacceptable professional conduct. Conduct resulting in proceedings against you relating to your employment of others (in regard to discrimination) may amount to unacceptable professional conduct and judicial findings may be evidence in the disciplinary process
Criminal Proceedings (Breach of ARB Code)
ARB does not determine criminal offense but you may subject to disciplinary proceedings arising from same factual circumstances.
Criminal Convictions (Breach of ARB Code)
A criminal conviction may be materially relevant to your fitness to practice, if for example: It consisutes an offence under the Architects Act 1997 or other legislation directly affecting architects; it arises out of your professional activities; it constitutes an offence of dishonesty; it otherwise calls into question your integrity.
ARB - Registered Architects
Anyone using the title ‘architect’ in business or practice must be registered with the ARB. Must have completed Part 1, 2, 3
ARB Criteria at Part 3
PC1 Professionalism; PC2 Clients, Users, Delivery of Services; PC3 Legal Framework and Processes; PC4 Practice management; PC5 Building Procurement
ARB’s Complaint Process
- Review submitted complaint. If complaint falls within remit ARB will invite architect to comment before referring to IP
- Formal Investigation - Investigations Panels (IP) made up of 3 people (1 architect and 2 lay people). They will dismiss allegation, give architect advice about future conduct, or refer allegation to the PCC
- Hearing in front of Professional Conduct Committee
The Professional Conduct Committee (PCC)
Disciplinary tribunal constituted under Schedule 1 Part 2 of the Architects Act 1997 to hear allegations of unacceptable professional conduct and serious professional incompetence against architects – the two offences an architect can be guilty for (Section 14). Members include 3 architects; 3 legally qualified; 3 lay persons (neither of above).
Charges against Architect
Unacceptable professional conduct (UPC) ; serious professional incompetence (SPI) ; Beyond remit; Copyright or employment grievances; fee disputes; negligence; planning disputes
Disciplinary Sanctions against Architect
Reprimand (warning); Penalty Order of up to £5000; Suspension from Register up to 2 years; Order Architect’s name erased from Register. No right of appeal except to the High Court.
Unacceptable Professional Conduct (UPC)
Fallen seriously short of the standard of conduct expected. Not a technical legal exercise but will be judged by the PCC.
