ARCHITECT'S IDEAS & ADVICE ON A TO Z OF HOUSE CONSTRUCTION IN INDIA

Professionals are required to discharge their obligations diligently and to comply with the standards of professional conduct and etiquette. In order to protect the consumers against breach of duty, deficient services have been defined by the statute and legal actions have been initiated on the erring professionals. The services rendered by Architects have also been covered by the relevant laws of the country.

It has often been asked by Architects, as to why legal action has been taken against them, whenever a building or any other built form of which they are the Architects, collapses, without even enquiring into the circumstances leading to the collapse. When the Architects are unconnected with the reason behind the collapse of the building, the suo motto actions against them have brought disrepute, embarrassment and mental agony to them.

What is the Professional Liability of Architects for buildings which they have designed and whose construction they have supervised, but thereafter have been under the control and management of the owners / occupants? Because in reality, the longevity and stability of the building are dependant on the observance of safety and maintenance norms.

This question of “Professional Liability of Architects during the post completion period of a project” has vexed the Council for many years. The Council of Architecture being a statutory body regulating the Architectural Profession and Education in India, has finally, in its 40th meeting, prescribed guidelines on “Architects Professional Liability”. These guidelines are to make the Architects and Owners/Occupants of the buildings aware of the circumstances under which an Architect should be held responsible for a negligent act or deficient services, and they also highlight the owners/occupants duties and responsibilities in preserving the longevity of a building.

WHAT ARE THE OWNER’S / OCCUPANT’S DUTIES AND RESPONSIBILITIES WITH REGARD TO THEIR BUILDING?
The Owner/Occupant, upon the completion of the building shall maintain it properly to safeguard and preserve the longevity of the building.

FOR HOW LONG IS AN ARCHITECT LIABLE WITH REGARD TO A BUILDING?
The Architect’s Liability shall be limited to a maximum period of three years after the building is handed over to /occupied by the owner, whichever is earlier.

The Architect is required to maintain all records related to the project for a minimum period of four years after the issue of Certificate of Virtual Completion.
An Architect is liable for the negligent act which he has committed in the performance of his duties and 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.

WHEN IS AN ARCHITECT NOT LIABLE IN CASE OF A BUILDING COLLAPSE / DAMAGE?

The Architect is not liable for any liability, in case of a building damage or collapse, if the damage has been caused in the following circumstances:

. The building is used for purposes other than for which it has been designed.
. Illegal or unauthorized changes/alterations/renovations/modifications have been carried out by the Owners/Occupants without the consent or approval of the Architect.
. Changes/alterations/renovations/modifications to the building have been carried out by consulting another Architect without the knowledge and consent of the erstwhile Architect, or without obtaining No Objection Certificate from him.
. The safety norms have been compromised by the Owner/Occcupant.
. There is distress due to leaking from the terrace, toilets, and water logging within the vicinity of the building which can affect the strength and stability of the building.
. There is a lack of periodical or inadequate maintenance by the Owner/Occupant.
. The damage is caused due to any reasons arising out of the deficient services rendered by the ‘Specialized Consultants’ with regard to the design and supervision of the work entrusted to them, who were appointed in consultation with the Client.
. The damages caused to the building are for reasons beyond the control of the Architect.

WHAT DOES PROFESSIONAL NEGLIGENCE AND DEFICIENT SERVICE MEAN?
Negligence of an Architect means the failure to take reasonable degree of care in the course of his engagement for rendering services.
An Architect is required to observe and uphold the Council’s Conditions of Engagement and Scale of Charges while rendering architectural services . 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.

WHAT IS PROFESSIONAL MISCONDUCT OF AN ARCHITECT?
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.

WHAT DISCIPLINARY ACTION / CIVIL &CRIMINAL ACTION IS TAKEN AGAINST AN ARCHITECT GUILTY OF PROFESSIONAL MISCONDUCT?
If the Architect is found guilty of Professional Misconduct, he is liable for disciplinary action by the Council of Architecture under section 30 of the Architects Act,1972.
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.