THE ARCHITECT AND THE LAW

B. THE ARCHITECT AND THE LAW

1.

THE VIRTUES AND VALUES OF AN ARCHITECT

THE VIRTUES OF AN ARCHITECT
May the Architect be high-minded;
not arrogant, but faithful;
Just, and easy to deal with,
without avarice;
Not let his mind be occupied
in receiving gifts,
But let him preserve his good name
with dignity...
Marcus Vitruvius Pollio

THE ARCHITECTS CODE OF ETHICS

I shall work with this general objective - that my duty is not only to myself,
but also to my Country and God.
I shall uphold the ideals and follow the norms of conduct of a noble
profession and endlessly endeavor to further its just ends.
I shall humbly seek success not through the measure of solicited personal
publicity, but by industrious application to my work, strive to merit a
reputation for quality of service and for fair dealing.
I shall ask from all, fair remuneration for my services while expecting and
asking no profits from any other source.
I shall hold the interest of my Client over and above any self-interest for
financial returns.
I shall exercise my professional prerogatives always with impartiality and
disinterestedness.
I shall avoid any private business investments or venture which may tend to
influence my professional judgment to the detriment of the trust placed upon
me.
I shall inspire by my behavior the loyalty of my associates and subordinates
and take upon me the mentorship of the aspirants to the profession.
I shall confine my criticisms and praises within constructive and inspirational
limits and never resort to these means to further malicious motives.
I shall dedicate myself to the pursuit of creative endeavor towards the goal
of enlightened Art and Science, generously sharing with colleagues, friends
and strangers alike the benefits of my experience and experiments.
UAP DOC. 200 CODE OF ETHICAL CONDUCT

CODE OF ETHICAL CONDUCT

The professional of Architecture calls for men of the highest integrity,

judgment, business capacity and artistic and technical ability. An Architects
honesty of purpose must be above
suspicion; he acts as professional adviser to his client and his advice must
be unprejudiced; he is charged with the exercise of judicial functions as
between client and contractor and must act with entire impartiality; he has
moral responsibilities to his professional
associates and subordinates; and he is engaged in a profession which carries
with it grave responsibilities to the public. These duties and responsibilities
cannot be properly
discharged unless his motives, conduct, sense of moral values and ability are
such as to command respect and confidence.
In order to promote the highest standards of ethical conduct in the practice
of
Architecture, the United Architects of the Philippines, with the approval of
the Board of Architecture and the Professional Regulation Commission, has
codified and formulated the following principles for adoption and compliance
of the Architect.
UAP DOC. 200 CODE OF ETHICAL CONDUCT
THE UNITED ARCHITECTS OF THE PHILIPPINES
OBJECTIVES:
TO UNITE ALL REGISTERED ARCHITECTS IN THE PHILIPPINES.
TO ESTABLISH AND PROMOTE THE HIGHEST STANDARDS OF ETHICAL
CONDUCT AND EXCELLENCE IN THE PRACTICE AND SERVICE OF THE
ARCHITECTURAL PROFESSION.
TO UPLIFT THE STANDARDS OF ARCHITECTURAL EDUCATION, CONDUCT
RESEARCHES, ACCUMULATE AND DISSEMINATE INFORMATION AND IDEAS IN
ARCHITECTURE, ENVIRONMENTAL DESIGN, ECOLOGY, TECHNOLOGY,
CULTURE AND OTHER RELATED FIELDS.
TO COOPERATE AND COORDINATE WITH OTHER ALLIED PROFESSIONS,
TRADES AND INDUSTRY.
TO PARTICIPATE IN MATTERS CONCERNING NATIONAL DEVELOPMENT OF
THE COUNTRY.
TO COOPERATE AND COORDINATE WITH INTERNATIONAL ORGANIZATIONS
IN THE FIELD OF ARCHITECTURE, ENVIRONMENTAL DESIGN AND OTHER
FIELDS OF ARTS, SCIENCE AND TECHNOLOGY; AND
TO RENDER ANY LAWFUL AND APPROPRIATE ASSISTANCE TO ANY OF ITS
MEMBERS.
HOPING TO FIND IN THE FULFILLMENT OF THESE AIMS ITS MODEST
CONTRIBUTIONS TOWARDS THE MAKING OF A BETTER AND HAPPIER WORLD
TO LIVE IN.

2.

THE SPECTRUM OF THE ARCHITECTS SERVICES

THE SPECTRUM OF THE ARCHITECTS SERVICES

The spectrum of the Architects services extends over the entire range of
activities that proceed from the time the idea is conceived, perfected,
transformed into sets of space/ design requirements, translated into

structure through design, built, used and become a permanent feature of the
man-made environment.
The Architects services consist of the necessary conferences, deliberations,
discussions, evaluations, investigations, consultations, advice on matters
affecting the scientific, aesthetic and orderly coordination of all the
processes of safeguarding life, health, and property which enter into the
production of different levels and sophistication of man-made structures and
environment.
The Architect, in the process of translating abstract ideas into meaningful
concrete terms, produces documents in the form of a data base report, an
architectural program, a feasibility study, a market study, an appraisal
report, an impact analysis report, a space-organizational setup report, a site
planning analysis and evaluation report, an operational programming report,
building programming and scheduling report.
A complete and detailed documentation of construction or erection drawings
is prepared consisting of the architectural plans, the structural plans, the
electrical plans, the plumbing/sanitary plans, the mechanical/airconditioning
plans, the civil work plans, the technical specifications and the other bid
documents.
Aside from these, the Architect can prepare the post construction
management documents, the operating manual, the maintenance manual
and other forms of written and graphical documentations necessary for the
effective and efficient functioning of the man-made structures and
environment.
An appreciation of this scope of services of the Architect will bring into focus
the crucial role that the Architect assumes in the realization of abstract ideas
into tangible and meaningful terms.
Between abstract ideas and the physical world, stands the Architect.
STANDARDS OF PROFESSIONAL PRACTICE (SPP)

PRE-DESIGN SERVICES (SPP Document 201)

REGULAR DESIGN SERVICES (SPP Document 202)
SPECIALIZED ARCHITECTURAL SERVICES (SPP Document 203)
FULLTIME SUPERVISION SERVICES (SPP Document 204-A)
CONSTRUCTION MANAGEMENT SERVICES (SPP Document 204B)
POST-CONSTRUCTION SERVICES (SPP Document 205)
COMPREHENSIVE ARCHITECTURAL SERVICES (SPP Document
206)
DESIGN-BUILD SERVICES (SPP Document 207 )
ARCHITECTURAL DESIGN COMPETITION (ADC) (SPP Document
208)
PROFESSIONAL ARCHITECTURAL CONSULTING SERVICES (PACS)
(SPP Document 209)

THE ARCHITECT PROFESSION

A. The Architect Profession
Architecture
"Architecture" can mean:
A general term to describe buildings and other physical structures. [3]
The art and science of designing buildings and (some) nonbuilding
structures.[3]
The style of design and method of construction of buildings and other
physical structures.[3]
The knowledge of art, science & technology and humanity.[3]
The practice of the architect, where architecture means offering or
rendering professional services in connection with the design and
construction of buildings, or built environments.[4]
The design activity of the architect,[3] from the macro-level (urban
design, landscape architecture) to the micro-level (construction details
and furniture).
An architect is a person who plans, designs, and oversees
the construction of buildings. To practice architecture means to provide
services in connection with the design and construction of buildings
and the space within the site surrounding the buildings, that have as
their principal purpose human occupancy or use.
Etymologically, architect derives from the Latin architectus, which
derives from the Greek arkhitekton (arkhi-, chief + tekton, builder),
i.e., chief builder.
Professionally, an architect's decisions affect public safety, and thus an
architect must undergo specialized training consisting of advanced
education and a practicum (or internship) for practical experience to

earn a license to practice architecture. Practical, technical, and

academic requirements for becoming an architect vary by jurisdiction.
1. Past and Present
Throughout ancient and medieval history, most architectural design
and construction was carried out by artisanssuch as
stonemasons and carpenters, rising to the role of master builder. Until
modern times there was no clear distinction between architect
andengineer. In Europe, the titles architect and engineer were
primarily geographical variations that referred to the same person,
often used interchangeably.
In most developed countries, only qualified people with appropriate
license, certification, or registration with a relevant body, often
governmental may legally practice architecture. Such licensure usually
requires an accredited university degree, successful completion of
exams, and a training period. The use of terms and titles, and the
representation of oneself as an architect is restricted to licensed
individuals by law, although in general, derivatives such
as architectural designer are not legally protected.
2. Important Issues and Concerns
3. The terms architect and architecture are also used in the disciplines
of landscape architecture, naval architecture and often information
technology (for example a network architect or software architect). In
most jurisdictions, the professional and commercial uses of the terms
"architect[3]" and "landscape architect" are legally protected.
4. Professional requirements
5. Although there are variations from place to place, most of the world's
architects are required to register with the appropriate jurisdiction. To
do so, architects are typically required to meet three common
requirements: education, experience, and examination.
6. Educational requirements generally consist of a university degree in
architecture. The experience requirement for degree candidates is
usually satisfied by a practicum or internship (usually two to three
years, depending on jurisdiction). Finally, a Registration Examination or
a series of exams is required prior to licensure.

2. Important Issues and Concerns

Professional title distinctions
According to the American Institute of Architects,[7] titles and job descriptions
within American architectural offices might be as follows:
Title

Definition

Senior
Principal /
Partner

Typically an owner or majority shareholder of the firm; may be

the founder; titles may include managing director, president,
chief executive officer, or managing principal/partner.

Mid-level
Principal /
Partner

Principal or partner; titles may include executive or senior vice

president or director.

Junior
Principal /
Partner

Recently made a partner or principal of the firm; title may

include vice president or associate director.

Department
head / Senior
Manager

Senior management architect or non-registered graduate;

responsible for major department(s) or functions; reports to a
principal or partner.

Project
Manager

Licensed architect, or non-registered graduate with more than

10 years of experience; has overall project management
responsibility for a variety of projects or project teams, including
client contact, scheduling, and budgeting.

Senior
Architect /
Designer

Licensed architect, or non-registered graduate with more than

10 years of experience; has a design or technical focus and is
responsible for significant project activities.

Architect /
Designer III

Licensed architect or non-registered graduate with 810 years of

experience; responsible for significant aspects of projects.

Architect /
Designer II

Licensed architect or non-registered graduate with 68 years of

experience, responsible for daily design or technical
development of projects.

Architect /
Designer I

Recently licensed architect or non-registered graduate with 35

years of experience; responsible for particular parts of a project
within parameters set by others.

Intern
Architect

Unlicensed architecture school graduate participating in a

defined internship program; develops design or technical
solutions under supervision of an architect. In the U.S., no state
allows the use of the title architect by anyone who is not
licensed to provide architectural services.

2. Important Issues and Concerns

Architectural governing bodies
Without established governing bodies, guilds, qualifications or legal
safeguards, almost anyone could call themselves an architect,
and architects had very few legal protections. The Royal
Building Administration in France (formed during the reign of Charles V
(1364-80)) was intended to maintain good standards within
the builders and masons guilds, but although architects had to work by
these standards, they did not relate specifically or solely to architects.
(http://www.designingbuildings.co.uk/wiki/The_architectural_profession

The establishment of architectural governing bodies and institutes in other

countries is outlined below:

Ireland: 1839 - Royal Institute of Architects of Ireland

Holland: 1842 - Royal Institute of Dutch Architects (BNA)
USA: 1857 - American Institute of Architects (AIA)
Poland: 1877 reformed in 1899 Union of Polish Architects (SARP)
Denmark: 1879 - The Architects' Association of Denmark
Japan: 1887 The Japan Institute of Architects (Zouka Gakkai)
Romania: 1891 - Union of Architects of Romania (UAR)
South Africa: 1899 & later 1927 National institutes merged in 1996 The South African Institute of Architects SAIA
Philippines: 1902 - United Architects of the Philippines (UAP)
Philippine Institute of
Architects - http://philippineinstituteofarchitects.blogspot.com/
Germany: 1903 - Association of German Architects BDA
New Zealand: 1905 The New Zealand Institute of architects. 1963 Reformed under theArchitects Act 1963 which split its previous
functions in two. The New Zealand Institute ofArchitects became the
professional organisation for Architects, and the regulatory functions
transferred to the Architects Education and Registration Board (AERB),
now the New Zealand Registered Architects Board
Canada: 1907 - The Royal Architectural Institute of Canada
Uruguay: Formed 1914 , legal status granted in 1921 - The Society
of Architects of Uruguay (SAU)
India: 1917 - The Indian Institute of Architects
A number of national professional organizations exist to promote career and
business development in architecture.

Egypt: 1917 - Society of Egyptian Architects (SEA)

Malaysia: 1920 - Malaysian Institute of Architects (PAM)
Brazil: 1921 - Institute of Architects of Brazil (IAB)
Australia: 1930 - The Australian Institute of Architects
Spain: 1931 Superior Council of Colleges of Architects of Spain
(CASCAE)
Lebanon: 1934 - Order of Architects and Engineers (OEA)
France: 1940 Validated in 1945 Ile-de-France Association
of Architects Currently regulated under 1948 - International Union
of Architects and regionally governed under 1977- Ordre
DesArchitectes
China: 1953 Architectural Society of China
Hong Kong: 1956 - The Hong Kong Institute of Architects
Sri Lanka: 1957 - Sri Lanka Institute of Architects
Fiji: 1957 - Fiji Association of Architects
Nigeria: 1960 - The Nigerian Institute of Architects (NIA)
Singapore: 1961 - Singapore Institute of Architects
Republic of Korea: 1965 - Korea Institute of Registered Architects (KIRA)
Argentina: 1969 reformed in 1988 - Argentina Federation of
Organizations of Architects(FADEA)
Bangladesh: 1972 - Institute of Architects Bangladesh
Pakistan: 1975 - The Institute of Architects, Pakistan (IAP)
Belgium: 1977 - Conseil national de l'ordre des architects
Trinidad and Tobago: Established 1988, given legal governance in 1992
- Institute ofArchitects of Trinidad and Tobago (TTIA)
Luxemburg: 1989 - Order of Architects and Engineers (OAI)
Czech Republic: 1992 - Czech Chamber of Architects
Russia: 1992 - Union of Architects of Russia (UAR)

With current EU regulations and various international agreements there are

now also many other umbrella organizations that
interlink architectural bodies
2. Important Issues and Concerns
Schools of Architecture
The first major academic institutes for architecture as a profession are
listed below:
France: Founded in 1671, made independent by Napolon III 1863 The cole des Beaux Arts
Austria: 1772 - Academy fine arts, Vienna - Institute for Art
and Architecture.
Germany: 1832 - Building Academy (Bauakademie)
USA: 1868 - MIT School of Architecture and Planning
UK: 1889 - The Architectural Association (AA) offered the first full time
course in Architecture, however the first Degree in Architecture was
offered by The Cambridge School of Architecture in 1912