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ACCoRD
UIA ACCoRD oN RECommENDED INTERNATIoNAL STANDARDS oF PRoFESSIoNALISm IN ARCHITECTURAL PRACTICE
ACCoRD
UIA ACCoRD oN RECommENDED INTERNATIoNAL STANDARDS oF PRoFESSIoNALISm IN ARCHITECTURAL PRACTICE
Contents
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Preamble Introduction UIA Accord on Recommended International Standards of Professionalism in Architectural Practice
Principles of Professionalism Policy Issues
P ractice of Architecture A rchitect F undamental Requirements of an Architect E ducation A ccreditation/Validation/Recognition P ractical Experience/Training/Internship D emonstration of Professional Knowledge and Ability R egistration/Licensing/Certification P rocurement E thics and Conduct C ontinuing Professional Development S cope of Practice F orm of Practice P ractice in a Host Nation I ntellectual Property and Copyright R ole of Professional Institutes of Architects B uilding Project Delivery Systems
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27 29 33 37 41 47 59 63 64 69 74 79 83 89
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PREAmBLE
As professionals, architects have a primary duty of care to the communities they serve. This duty prevails over their personal interest and the interests of their clients. In a world where trade in professional services is rapidly increasing and architects are regularly serving communities other than their own, the International Union of Architects believes that there is a need for International Standards of Professionalism in Architectural Practice. Architects who meet the standards defined in this Accord will, by virtue of their education, competence and ethical behavior, be capable of protecting the best interests of the communities they serve.
INTRoDUCTIoN
The UIA Council established the Professional Practice Commission and approved its program in 1994. Following some 25 months of intensive activity by the Commission during the 1993-1996 triennium, the UIA Assembly unanimously adopted the first edition of the Proposed UIA Accord on Recommended International Standards of Professionalism in Architectural Practice in Barcelona, Spain in July 1996. By this action of the UIA Assembly, the Accord was established as policy recommendations to guide the ongoing work of the UIA and the UIA Professional Practice Commission. The first edition of the Accord was transmitted to all member sections of the UIA with the request for their comments and cooperation in the further development of the policy framework for presentation to the XXI UIA Assembly in Beijing, China, in 1999. The 1997-1999 Professional Practice program focused on responding to comments and recommendations received from Council members, UIA member sections, and members of the Commission on the Accord and its policies. The first edition of the Accord was modified in response to those comments and as a result of Commission debate of the policy issue guideline documents being developed to flesh out the bare bones policy framework of the Accord. The Accord and guidelines recognize the sovereignty of each UIA member section, allow flexibility for principles of equivalency, and are structured to allow for the addition of requirements reflecting local conditions of a UIA member section. It is not the intention of the Accord to establish obligatory standards set by negotiated agreements between competing interests. Rather, the Accord is the result of the co-operative endeavor of the international community of architects to objectively establish standards and practices that will best serve community interests. The Accord and Guideline documents are intended to define what is considered best practice for the architectural profession and the standards to which the profession aspires. These are living documents and will be subject to ongoing review and modification as the weight of opinion and experience dictates. Whilst respecting the sovereignty of UIA member sections, they are invited and encouraged to promote the adoption of the Accord and the Guidelines and, if appropriate, seek the modification of existing customs and laws. It is intended that the Accord and guidelines will provide practical guidance for governments, negotiating entities, or other entities entering mutual recognition negotiations on architectural services. The Accord and guidelines will make it easier for parties to negotiate recognition agreements. The most common way to achieve recognition has been through bilateral agreements, recognized as permissible under Article VII of the GATS. There are differences in education and examination standards, experience requirements, regulatory influence etc., all of which make implementing recognition on a multilateral basis extremely difficult. Bilateral negotiations will facilitate focus on key issues relating to two specific environments. However, once achieved, bilateral reciprocal agreements should lead to others, which will ultimately extend mutual recognition more broadly. The Accord begins with a statement of Principles of Professionalism, followed by a series of policy issues. Each policy issue opens with a definition of the subject policy, followed by a statement of background and the policy. The XXI UIA Assembly in Beijing, China unanimously adopted the Accord in June 1999. A copy of the Resolution of Adoption is attached as Appendix A.
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Principles of Professionalism
members of the architectural profession are dedicated to standards of professionalism, integrity, and competence, and thereby bring to society unique skills and aptitudes essential to the sustainable development of the built environment and the welfare of their societies and cultures. Principles of professionalism are established in legislation, as well as in codes of ethics and regulations defining professional conduct:
Expertise
Architects possess a systematic body of knowledge, skills, and theory developed through education, graduate and post-graduate training, and experience. The process of architectural education, training, and examination is structured to assure the public that when an architect is engaged to perform professional services, that architect has met acceptable standards enabling proper performance of those services. Furthermore, members of most professional societies of architects and indeed, the UIA, are charged to maintain and advance their knowledge of the art and science of architecture, to respect the body of architectural accomplishment, and to contribute to its growth.
Autonomy
Architects provide objective expert advice to the client and/or the users. Architects are charged to uphold the ideal that learned and uncompromised professional judgment should take precedence over any other motive in the pursuit of the art and science of architecture. Architects are also charged to embrace the spirit and letter of the laws governing their professional affairs and to thoughtfully consider the social and environmental impact of their professional activities.
Commitment
Architects bring a high level of selfless dedication to the work done on behalf of their clients and society. members of the profession are charged to serve their clients in a competent and professional manner and to exercise unprejudiced and unbiased judgment on their behalf.
Accountability
Architects are aware of their responsibility for the independent and, if necessary, critical advice provided to their clients and for the effects of their work on society and the environment. Architects undertake to perform professional services only when they, together with those whom they may engage as consultants, are qualified by education, training, and/or experience in the specific technical areas involved. The UIA, through the programs of its national sections and the Professional Practice Commission, seeks to establish principles of professionalism and professional standards in the interest of public health, safety, welfare, and culture, and supports the position that inter-recognition of standards of professionalism and competence is in the public interest as well as in the interest of maintaining the credibility of the profession. The principles and standards of the UIA are aimed at the thorough education and practical training of architects so that they are able to fulfill their fundamental professional requirements. These standards recognize different national educational traditions and, therefore, allow for factors of equivalency.
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Policy Issues
Practice of Architecture
Definition
The practice of architecture consists of the provision of professional services in connection with town planning and the design, construction, enlargement, conservation, restoration, or alteration of a building or group of buildings. These professional services include, but are not limited to, planning and land-use planning, urban design, provision of preliminary studies, designs, models, drawings, specifications and technical documentation, coordination of technical documentation prepared by others (consulting engineers, urban planners, landscape architects and other specialist consultants) as appropriate and without limitation, construction economics, contract administration, monitoring of construction (referred to as supervision in some countries), and project management.
Background
Architects have been practicing their art and science since antiquity. The profession as we know it today has undergone extensive growth and change. The profile of architects work has become more demanding, clients requirements and technological advances have become more complex, and social and ecological imperatives have grown more pressing. These changes have spawned changes in services and collaboration among the many parties involved in the design and construction process.
Policy
That the practice of architecture as defined above be adopted for use in the development of UIA International Standards.
Architect
Definition
The designation architect is generally reserved by law or custom to a person who is professionally and academically qualified and generally registered/licensed/certified to practice architecture in the jurisdiction in which he or she practices and is responsible for advocating the fair and sustainable development, welfare, and the cultural expression of societys habitat in terms of space, forms, and historical context.
Background
Architects are part of the public and private sectors involved in a larger property development, building, and construction economic sector peopled by those commissioning, conserving, designing, building, furnishing, financing, regulating, and operating our built environment to meet the needs of society. Architects work in a variety of situations and organizational structures. For example, they may work on their own or as members of private or public offices.
Policy
That the UIA adopt the definition of an architect as stated above for use in developing UIA International Standards.
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Background
In August 1985, for the first time, a group of countries came together to set down the fundamental knowledge and abilities of an architect (*). These include: Ability to create architectural designs that satisfy both aesthetic and technical requirements, and which aim to be environmentally sustainable; Adequate knowledge of the history and theories of architecture and related arts, technologies, and human sciences; Knowledge of the fine arts as an influence on the quality of architectural design; Adequate knowledge of urban design, planning, and the skills involved in the planning process; Understanding of the relationship between people and buildings and between buildings and their environments, and of the need to relate buildings and the spaces between them to human needs and scale; An adequate knowledge of the means of achieving environmentally sustainable design; Understanding of the profession of architecture and the role of architects in society, in particular in preparing briefs that account for social factors; Understanding of the methods of investigation and preparation of the brief for a design project; Understanding of the structural design, construction, and engineering problems associated with building design; Adequate knowledge of physical problems and technologies and of the function of buildings so as to provide them with internal conditions of comfort and protection against climate; Necessary design skills to meet building users requirements within the constraints imposed by cost factors and building regulations; Adequate knowledge of the industries, organizations, regulations, and procedures involved in translating design concepts into buildings and integrating plans into overall planning; Adequate knowledge of project financing, project management, and cost control.
The revised UNESCo/UIA Charter for Architectural Education was adopted by the UIA General Assembly in July 2005. The Charter includes the following language related to both the development of curriculum for architectural education and the acquisition of the following capabilities. That the following special points be considered in the development of the curriculum: Awareness of responsibilities toward human, social, cultural, urban, architectural, and environmental values, as well as architectural heritage. Adequate knowledge of the means of achieving ecologically sustainable design and environmental conservation and rehabilitation. Development of a creative competence in building techniques, founded on a comprehensive understanding of the disciplines and construction methods related to architecture. Adequate knowledge of project financing, project management, cost control and methods of project delivery. Training in research techniques as an inherent part of architectural learning, for both students and teachers. That architectural education involves the acquisition of the following capabilities: 5.A. DESIGN Ability to engage imagination, think creatively, innovate and provide design leadership. Ability to gather information, define problems, apply analyses and critical judgement and formulate strategies for action. Ability to think three-dimensionally in the exploration of design. Ability to reconcile divergent factors, integrate knowledge and apply skills in the creation of a design solution. 5.B. KNoWLEDGE B1. Cultural and Artistic Studies Ability to act with knowledge of historical and cultural precedents in local and world architecture. Ability to act with knowledge of the fine arts as an influence on the quality of architectural design.
Understanding of heritage issues in the built environment. Awareness of the links between architecture and other creative disciplines. B2. Social Studies Ability to act with knowledge of society, and to work with clients and users that represent societys needs. Ability to develop a project brief through definition of the needs of society users and clients, and to research and define contextual and functional requirements for different types of built environments. An understanding of the social context in which built environments are procured, of ergonomic and space requirements and issues of equity and access. An awareness of the relevant codes, regulations and standards for planning, design, construction, health, safety and use of built environments. B3. Environmental Studies Ability to act with knowledge of natural systems and built environments. Understanding of conservation and waste management issues. Understanding of the life cycle of materials, issues of ecological sustainability, environmental impact, design for reduced use of energy, as well as passive systems and their management. Awareness of the history and practice of landscape architecture, urban design, as well as territorial and national planning and their relationship to local and global demography and resources. Awareness of the management of natural systems taking into account natural disaster risks. B4. Technical Studies Technical knowledge of structure, materials, and construction. Ability to act with innovative technical competence in the use of building techniques and the understanding of their evolution. Understanding of the processes of technical design and the integration of structure, construction technologies and services systems into a functionally effective whole. Understanding of services systems as well as systems of transportation, communication, maintenance and safety. Awareness of the role of technical documentation and specifications in design realisation, and of the processes of construction, cost, planning and control. B5. Design Studies Knowledge of design theory and methods. Understanding of design procedures and processes. Knowledge of design precedents and architectural criticism. B6. Professional Studies Ability to act with knowledge of professional, business, financial and legal contexts. Ability to understand different forms of procurement of architectural services. Awareness of the workings of the construction and development industries, financial dynamics, real estate investment, and facilities management. Awareness of the potential roles of architects in conventional and new areas of activity and in an international context. Understanding of business principles and their application to the development of built environments, project management and the functioning of a professional consultancy. Understanding of professional ethics and codes of conduct as they apply to the practice of architecture and of the architects legal responsibilities where registration, practice and building contracts are concerned. 5.C. SKILL Ability to act and to communicate ideas through collaboration, speaking, numeracy, writing, drawing, modelling and evaluation. Ability to utilise manual, electronic, graphic and model making capabilities to explore, develop, define and ommunicate a design proposal. c Understanding of systems of evaluation, that use manual and/or electronic means for performance assessments of built environments.
Policy
That the UIA adopt a statement of fundamental requirements as set out above as the minimum basis for development of UIA International Standards and seek to ensure that these particular requirements are given adequate emphasis in the architectural curriculum. The UIA will also seek to ensure that the fundamental requirements will be constantly kept under review so that they remain relevant as the architectural profession and society evolve. (* Cf. Derived from Directive 85/384/EEC of the Commission of the European Communities)
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Education
Definition
Architectural education should ensure that all graduates have knowledge and ability in architectural design, including technical systems and requirements as well as consideration of health, safety, and ecological balance; that they understand the cultural, intellectual, historical, social, economic, and environmental context for architecture; and that they comprehend thoroughly the architects roles and responsibilities in society, which depend on a cultivated, analytical and creative mind.
Policy
That graduates of architecture will be required to have completed at least 2 years of acceptable experience/training/ internship prior to registration/licensing/certification to practice as an architect (but with the objective of working towards 3 years) while allowing flexibility for equivalency.
seerecommendedguidelinesonpage33
Background
In most countries, architectural education is conventionally delivered by 4-6 years full-time academic education at a university (followed, in some countries, by a period of practical experience/training/internship), though historically there have been important variations (part-time routes, work experience etc.).
Every applicant for registration/licensing/certification as an architect is required to demonstrate an acceptable level of professional knowledge and ability to the relevant national authority.
Policy
In accordance with the UIA/UNESCo Charter for Architectural Education, the UIA advocate that education for architects (apart from practical experience/training/internship) be of no less than 5 years duration, delivered on a full-time basis in an accredited/validated/recognized architectural program in an accredited/validated/recognized university, while allowing variety in their pedagogic approach and in their responses to local contexts, and flexibility for equivalency.
Background
The public is assured of an architects knowledge and ability only after he or she has acquired the requisite education and practical experience/training/internship, and demonstrated minimum knowledge and ability in the comprehensive practice of architecture. These qualifications have to be demonstrated by examination and/or other evidence.
Policy
That the acquired knowledge and ability of an architect have to be proven by providing adequate evidence. This evidence must include the successful completion of at least one examination at the end of the practical experience/training/internship. Necessary components of professional practice knowledge and ability that are not subject to an examination have to be proven by other adequate evidence. These include such subjects as business administration and relevant legal requirements.
Accreditation/Validation/Recognition
Definition
seerecommendedguidelinesonpage25
This is the process that establishes that an educational program meets an established standard of achievement. Its purpose is to assure the maintenance and enhancement of an appropriate educational foundation.
Registration/Licensing/Certification
Definition
seerecommendedguidelinesonpage37
Background
Validated criteria and procedures for accreditation/validation/recognition by an independent organization help to develop well integrated and coordinated programs of architectural education. Experience shows that standards may be harmonized and promoted by regular, external monitoring, in some countries, in addition to internal quality assurance audits.
Registration/licensing/certification is the official legal recognition of an individuals qualification allowing her or him to practice as an architect, associated with regulations preventing unqualified persons from performing certain functions.
Background
Given the public interest in a quality, sustainable built environment and the dangers and consequences associated with the development of that environment, it is important that architectural services are provided by properly qualified professionals for the adequate protection of the public.
Policy
That courses must be accredited/validated/recognized by an independent relevant authority, external to the university at reasonable time intervals (usually no more than 5-years), and that the UIA, in association with the relevant national organizations of higher education, develop standards for the content of an architects professional education that are academically structured, intellectually coherent, performance-based and outcome-oriented, with procedures that are guided by good practice.
Policy
That the UIA promote the registration/licensing/certification of the function of architects in all countries. In the public interest, provision for such registration/licensing/certification should be by statute.
Practical Experience/Training/Internship
Definition
seerecommendedguidelinesonpage29
Procurement
Definition
seerecommendedguidelinesonpage43
Practical experience/training/internship is a directed and structured activity in the practice of architecture during architectural education and/or following receipt of a professional degree but prior to registration/licensing/certification.
Background
To complement academic preparation in order to protect the public, applicants for registration/licensing/certification must integrate their formal education through practical training.
Background
Architects (through their codes of conduct) uphold the interests of their clients and society at large before their own interests. In order to ensure they have adequate resources to perform their functions to the standards required in the public interest, they are traditionally remunerated in accordance with either mandatory or recommended professional fee-scales.
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There are international rules, such as the General Procurement Agreement (WTo) and the EU Services Directive, that aim to guarantee the objective and fair selection of architects. However, there has been an increasing tendency recently to select architects, for both public and private work, on the basis of price alone. Price-based selection forces architects to reduce the services provided to clients, which in turn compromises design quality and therefore the quality, amenity and social/economic value of the built environment.
Fundamental Requirements of an Architect and in future variations thereof. In the meantime, the UIA must monitor the developments in continuing professional development for registration renewal, recommend guidelines among all nations to facilitate reciprocity and continue to develop policy on this subject.
Policy
To ensure the ecologically sustainable development of the built environment and to protect the social, cultural, and economic value of society, governments should apply procurement procedures for the appointment of architects that are directed to the selection of the most suitable architect for projects. Conditional upon adequate resources being agreed among the parties, this is best achieved by one of the following methods: Architectural design competitions conducted in accordance with the principles defined by the UNESCo-UIA international competitions guidelines and approved by national authorities and/or architectural professional associations. A qualification based selection (QBS) procedure as set out in the UIA guidelines; Direct negotiation based on a complete brief defining the scope and quality of architectural services;
Scope of Practice
Definition
seerecommendedguidelinesonpage61
This is the provision of design and management services in connection with land-use planning, urban design, and building projects.
Background
As society has evolved, the creation of the urban and built environment has become more complex. Architects have to deal with an increasingly wide range of urban, aesthetic, technical, and legal considerations. A coordinated approach to building design has proved to be necessary to ensure that legal, technical, and practical requirements are met and that societys needs and demands are satisfied.
Policy
seerecommendedguidelinesonpage55
That the UIA encourage and promote the continuing extension of the boundaries of architectural practice, limited only by the provisions of codes of ethics and conduct, and strive to ensure the corresponding extension of the knowledge and skills necessary to deal with any extension of boundaries.
A code of ethics and conduct establishes a professional standard of behavior that guides architects in the conduct of their practices. Architects should observe and follow the code of ethics and conduct for each jurisdiction in which they practice.
Form of Practice
Definition
seerecommendedguidelinesonpage65
Background
Rules of ethics and conduct have as their primary object the protection of the public, caring for the less powerful and the general social welfare, as well as the advancement of the interests of the profession of architecture.
The legal entity through which the architect provides architectural services.
Policy
The existing UIA International Code of Ethics on Consulting Services remains in force. member Sections of the UIA are encouraged to introduce into their own codes of ethics and conduct the recommended Accord Guidelines and a requirement that their members abide by the codes of ethics and conduct in force in the countries and jurisdictions in which they provide professional services, so long as they are not prohibited by international law or the laws of the architects own country.
Background
Traditionally, architects have practiced as individuals, or in partnerships or in employment within public or private institutions. more recently, the demands of practice have led to various forms of association, for example: limited and unlimited liability companies, cooperative practices, university-based project offices, community architecture, although not all are allowed in all countries. These forms of association may also include members of other disciplines.
Policy
seerecommendedguidelinesonpage59
That architects should be allowed to practice in any form legally acceptable in the country in which the service is offered, but always subject to prevailing ethical and conduct requirements. The UIA, as it deems necessary, will develop and modify its policies and standards to take account of alternative forms of practice and varied local conditions where these alternatives are thought to extend the positive and creative role of the architectural profession in the interests of society.
Continuing Professional Development is a lifelong learning process that maintains, enhances, or increases the knowledge and continuing ability of architects.
Background
more and more professional bodies and regulatory authorities require their members to devote time (typically at least 35 hours per year) to maintaining existing skills, broadening knowledge, and exploring new areas. This is increasingly important to keep abreast with new technologies, methods of practice, and changing social and ecological conditions. Continuing professional development may be required by professional organizations for renewal and continuation of membership.
seerecommendedguidelinesonpage71
Practice in a host nation occurs when an individual architect or corporate entity of architects either seeks a commission or has been commissioned to design a project or offer a service in a country other than his/her/its own.
Policy
That UIA urge its member sections to establish regimes of continuing professional development as a duty of membership, in the public interest. Architects must be sure they are capable of providing the services they offer, and codes of conduct must oblige architects to maintain a known standard in a variety of areas described under the
Background
There is an interest in increasing the responsible mobility of architects and their ability to provide services in foreign jurisdictions. There is also a need to promote the awareness of local environmental, social, and cultural factors and ethical and legal standards.
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Policy
Architects providing architectural services on a project in a country in which they are not registered shall collaborate with a local architect to ensure that proper and effective understanding is given to legal, environmental, social, cultural, and heritage factors. The conditions of the association should be determined by the parties alone in accordance with UIA ethical standards and local statutes and laws.
seerecommendedguidelinesonpage85
Building project delivery systems are defined as the contractual relationships between the project client and the other parties involved in the design, documentation and construction of the building.
Background
seerecommendedguidelinesonpage75
Traditionally building project delivery systems have involved architects in the role of the project clients agent, with responsibility for the design, documentation and administration of the building contract agreement. Under many current and emerging building delivery systems the architect no longer acts as the agent of the project client. Therefore it is important that the role, responsibilities and constraints placed on architects in providing their services under different building project delivery systems are clearly understood.
Intellectual property encompasses the three legal areas of patent, copyright, and trademark. It refers to the right (sometimes guaranteed under the law of some nation states) of designers, inventors, authors, and producers, to their ideas, designs, inventions, works of authorship, and the identification of sources of products and services.
Policy
Architects should maintain high standards of professionalism and service under all forms of building project delivery systems.
Background
While many countries have some legal protection covering the architects design, that protection is often inadequate. It is not unusual for the architect to discuss ideas and concepts with a prospective client, subsequently not be hired, and later find that the client has used the architects ideas with no recompense. The intellectual property of architects is, to some extent, protected by international regulations. In the context of the GATS, this is the agreement on traderelated aspects of intellectual property rights, including trade in counterfeit goods (TRIPS). The World Copyright Convention of September 16, 1955 is also of international significance. In Europe, the Revised Berne Agreement of 1886 is binding in most states.
Policy
That the national law of a UIA member section should entitle an architect to practice his/her profession without detriment to his/her authority and responsibility, and to retain ownership of the intellectual property and copyright of his/her work.
seerecommendedguidelinesonpage79
Professions are generally controlled by a governing body that sets standards (e.g. of education, ethical rules, and professional standards to be observed). The rules and standards are designed for the benefit of the public and not the private advantage of the members. In some countries, certain types of work are reserved to the profession by statute, not in order to favor members but because such work should be carried out only by persons with requisite education, training, standards and discipline, for the protection of the public. Institutes have been established for the advancement of architecture, promotion of knowledge and--by ensuring that their members perform to a known standard--protection of the public interest.
Background Depending on whether a country has protection of title or function, (or both, or neither), the role and responsibilities of professional institutes varies considerably. In some countries, the statutory bodies also represent the profession; in others, these functions are separate. It is customary for members of professional institutes to be expected to maintain a known standard. This is achieved by adhering to codes of conduct promulgated by the professional institutes, and fulfilling other requirements of membership, e.g. continuing professional development. Policy
In countries where professional institutes do not exist, the UIA should encourage members of the architectural profession to form such institutes in the public interest. Professional Institutes should seek to ensure that their members adhere to the UIA international standards, the minimum requirements of the UIA-UNESCo Architectural Education Charter, and UIA International Code of Ethics and Conduct; keep up to date their knowledge and skills as required by the list of Fundamental Requirements (both current, and as they evolve in the future); and generally contribute to the development of architectural culture and knowledge as well as the society they serve.
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APPENDIX A
RESoLUTIoN oF ADoPTIoN (Number 17) oF THE UIA ACCoRD oN RECommENDED INTERNATIoNAL STANDARDS oN PRoFESSIoNALISm IN ARCHITECTURAL PRACTICE Adopted by the XXI UIA Assembly Beijing, China, July 28, 1999 The Assembly unanimously resolved that it adopts the Second Edition of the UIA Accord on Recommended International Standards of Professionalism in Architectural Practice as an advisory document intended to be used by member sections in setting and reviewing their own standards. The Accord and Guidelines will also make it easier for UIA member sections to negotiate mutual recognition agreements. The Assembly asks that the Accord be transmitted to all UIA member sections with the request for their cooperation and participation in the further development of this policy framework for presentation at the XXII UIA Assembly (Berlin 2002). The Assembly recognizes the mandate of Council to adopt Accord Policy Guideline documents and commend them to the UIA member sections. The Assembly recognizes that there are differences in the cultures, practices and conditions in different member sections and encourages the member sections to use the documents as advisory documents intended to be adapted to local conditions. The Assembly acknowledges that the sovereignty of each UIA member section must be respected in negotiations of mutual recognition agreements and notices that the guidelines are intended to allow flexibility for principles of equivalency and reciprocity and are structured to allow for the addition of requirements reflecting local conditions of a UIA member section. The Assembly authorizes the UIA President and Secretary General to submit the Accord to the World Trade organization, to other interested institutions and organizations as the basis for mutual recognition negotiations and to the Government of a country on the specific request of the UIA member section of the country in question. The Assembly requests that the Professional Practice Commission analyze all the comments expressed during the General Assembly during its meeting in Prague (october 1999) in order to check on whether or not it is opportune to integrate them in the documents approved by the Beijing Assembly. The Assembly authorizes the UIA Council to develop a policy to communicate the Accord and Guideline documents to interested parties. The Assembly recommends to UIA member sections that following the use of these Standards, they inform the Commission Secretariat of their experience, in order that it can be taken into account for the improvement and evolution of these basic documents.
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RECommENDED GUIDELINES
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Introduction
Accreditation of educational programs in architecture, whether sought voluntarily by the educational institution or exacted by relevant authorities, seeks primarily to ensure, in the public interest, that the standards attained by succesful graduates of the program are adequate with regard to the design, technical, and professional skills and ethical formation required for competent architectural practice. The principles in any accreditation policy permit flexibility of approach while ensuring independent standards for the accrediting body and the pursuit and maintenance of high standards in educational endeavor and in the accrediting process itself. The critical criteria in a satisfactory educational program involve thorough assessment in accordance with previously defined and agreed criteria, by a group of assessors external to the school of architecture who are competent by training and experience to evaluate architecture programs and make recommendations for their direction or modification. External assessors may be appointed by the state in which the architectur program is run, by an independent professional architectural organization, nominated as external examiners by the school of architecture itself, or by some other satisfactory method. The system of appointing the assessor may vary depending upon whether the educational institution is publicly or privately run. An independent relevant authoritiy can comprise representatives of a professional body, such as an institute or chamber of architects, or a nongovernmental organization of architects or schools of architecture; it can be a national or state government, or its delegated representatives, or an organization of external examiners. The process of validation of programs will occur periodically, and a satisfactory method of accreditation will involve the review of the work of all students passing through a school of architecture on at least one occasion during their educational program. Recognizing the differences between governance of public and private institutions, consistency must be provided both in the accreditation/recognition/validation process and the end result. Accreditation procedures vary depending on whether the education programs in question are proposed for establishment, recently set up and not previously accredited, or the subject of proposed change. In every instance, the assessors will be provided with documentation in advance of their visit to the school; review examination papers and scripts, studio programs and studio work; course syllabus and examples of course work; and meet with students and staff. They may also look at the pedagogic, professional, and research output of the faculty/staff. on conclusion of such review, the assessors will provide the school with a program report that will make recommendations for accreditation and may make suggestion for changes in the educational program or impose conditions for accreditation.
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of no less than five years duration, principally delivered on a full-time basis in an accredited architectural program in an accredited/validated university, while allowing flexibility for equivalency. In some countries, education is followed by a period of practical experience/training/internship. During this education and training process, the levels of ability reached by the student of architecture in the fundamental requirements listed will advance in line with the progress of the students study, and validation of the relevant educational program will take account of the varying levels of attainment reasonably to be expected at the appropriate moments. The knowledge and abilities required of architects have changed and will continue to change to reflect societys expectations. The UIA will review its Recommended Guidelines for the Accord Policy on Accreditation/Validation/ Recognition from time to time to ensure its continual relevance. The relative weighting ascribed to the different criteria listed and the relative degree of importance of skill to be attained will vary from country to country and from time to time. In different countries, for reasons of tradition and deliberate choice, educational institutions may themselves ascribe different weighting to the various criteria, which, in turn, will be influenced by the precise missions generally untertaken by architects within that country. In every instance, the educational program will be based on a syllabus that will incorporate topics and subjects derived from or comparable to those listed. The accreditation criteria will include a review of the syllabus. The syllabus will vary depending on the stage of studies, whether at intermediate or final examination level and whether before or after any period of practical training.
2. Methods of Accreditation
Accreditation is carried out by properly constituted authorities that are independent of the institution housing the program to be accredited. Accrediting authorities must be competent by way of training and experience. This will indicate that persons untertaking accreditation work have experience in architectural design, practice, ethical standards, and training. Frequently an accreditation panel will comprise nominees of more than one of the types of organizations listed and, in every instance, involves accreditation by established members of the architectural profession. This will help promote both objective evaluation and a broad and inclusive view of architecture. In every instance, when educational institutions participate in accreditation procedures, the educational institiution cannot participate in the procedure for accrediting its own program. Recommended Guidelines for the Accord Policy
The accrediting authority visits the educational institution and reviews the program in situ. During the visit, an exhibition of work completed by students over a period of at least 12 months prior to the visit will be helpful. Such exhibition should comprise a range of studio work, with programs attached for each year of the course arranged as far as possible to show the development of the curriculum throughout the program. A range of the written and drawn work in each year of the program should be exhibited so that the level of attainment of students in each of the areas as set out as fundamental requirements for an architect can be assessed. Presented work should include a representative sample of studio portfolios and examination scripts for the highest, average. and lowest pass grades in each subject, and these should be complemented by records of examination and assessment results for all years of the course in all subject areas. When inspecting the educational program in situ, the accrediting authority may wish to untertake meetings and discussions with the program teachers, including the head of the school or department, studio and specalist staff, and external examiners. The authority may also talk with students of the program, both as a body and/or individually. Subject for discussion as part of the assessment process might include methods of educational assessment; the content of project work and lecture courses; and the relation of lecture courses to project work, the use of specialist teachers, and future developments.
5. Reporting Procedures
An accrediting authoritiy will provide a written report on the educational program on conclusion of the visit to the program. Such a report will validate and supplement the written information provided by the educational institution and convey the accrediting authoritys view of the quality of education in terms of student performance in the course under review. Procedures might include methods of ensuring such report is free from factual error, is treated confidentially, and is seen by all relevant parties. An accrediting report will normally recommend accreditation of the educational program for a fixed period of no more than five years duration.
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Guidelines
1. Period of practical experience/training/internship
The experience set out below should be demonstrated prior to applying for registration/licensing/certification and should be gained over the period defined in the Accord Policy. At least half of that period should occur following the basic academic prerequisites and in any case should not imply a reduction of the academic period referred to under the Accord Education Policy.
3. Categories of experience
An intern should receive practical experience and training under the direction of an architect in at least half of the areas of experience nominated under each of the following four categories: 3.1 Project and Office Management m eeting with clients D iscussions with clients of the brief and the preliminary drawings F ormulation of client requirements P re-contract project management D etermination of contract conditions D rafting of correspondence C oordination of the work of consultants office and project accounting systems P ersonnel issues 3.2 Design and Design Documentation S ite investigation and evaluation m eetings with relevant authorities A ssessment of the implications of relevant regulations P reparation of schematic and design development drawings C hecking design proposals against statutory requirements P reparation of budgets, estimates, cost plans, and feasibility studies
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3.3 Construction Documents reparation of working drawings and specifications P monitoring the documentation process against time and cost plans hecking of documents for compliance with statutory requirements C oordination of subcontractors documentation C oordination of contract drawings and specifications C 3.4 Contract Administration ite meetings S nspection of works I ssuing instructions, notices, and certificates to the contractor I lient reports C dministration of variations and monetary allowances A
.4 Project Services and Systems oordinating the design and documentation of project services and systems into the project design and C ocumentation process d .5 Schematic Design nalyzing the client brief and producing potential project design solutions through a process of hypothesis, A valuation, and reappraisal e raphically representing alternative project designs G resenting and agreeing preliminary design proposals with clients and other interested parties P . Design Development and Design Documentation nvestigating and establishing the specific spatial, organization and circulation requirements within and I round a project a onsidering and deciding upon the disposition of construction and project services systems, materials, C nd components a eveloping drawings and documents to fully describe the developed design proposal fort he approval of the D lient and other interested parties c nalyzing possible effects on the context, users, etc. A . Construction Documentation esearching, analyzing, and selecting appropriate materials and systems for a project R reparing accurate consistent and complete construction drawings, specifications, and schedules that P escribe the extent and location of construction elements, components, finishes, fittings, and systems d . Contract Administration reparing documents to invite bids or tenders P valuating and making recommendations in respect of bids or tenders received E inalizing project contracts F dministering project contracts A onitoring compliance with contract conditions and the requirements of relevant authorities m nspecting and evaluating construction works to ensure that they comply with the requirements of the I ontract documents c
5. Supervisors
Interns should gain their experience under supervision. Supervisors are to be registered or licensed architects in the jurisdiction in which the internship is undertaken, and will either be the employer or the architect to whom the intern reports during each recorded period of experience.
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Recommended Guidelines for the Policy on Demonstration of Professional Knowledge and Ability
Introduction
Professional learning involves both study in an academic institution at university level and structured, monitored and assessed experience in the workplace. The demonstration of professional knowledge and ability may require collaboration between education and practice, and between the academic institute and qualified practicing architects. The broad list of knowledge and abilities is published in the UIA/UNESCo Charter on Education and in other Guidelines. Levels of learning vary, from an awareness, to an understanding to an ability to do a particular professional task. Some subject areas are usually learned in the university environment, while others are often learned while working in an architects office or in other areas of the built environment. methods of assessment of knowledge and ability vary. University courses may be examined by a critical assessment of project work, written documents, multiple choice or essay examinations, and in other ways. Experience in aspects of professional practice may be examined through the evaluation of case studies, the assessment of learning experience recorded in a record of professional practice (logbook), in written and design examinations, and/or in a professional interview with experienced members of the profession. The appropriate mix of techniques will vary from country to county based on institutional structures and other cultural differences. However, it is important that the title architect is only conferred upon individuals who can demonstrate the successful completion of a university level academic program and a period of assessed practical training or the equivalent. There is a view that architecture is an holistic discipline. The ability to assess and integrate a range of knowledge and skills is often assessed through the design studio. The aim of the studio is both to develop skills in producing an appropriate and attractive design and also to learn and demonstrate skills, for example, of critical reasoning and architectural professional judgment.
2. Internship/Professional Experience
Accord policy identifies the need for a period of monitored and assessed professional experience prior to registration Techniques for the examination of professional experience vary widely among jurisdictions. In many countries it takes the form of recording the time spent in an office under the supervision of an architect. In some jurisdictions the emphasis is now shifting to systems which assess and record learning outcomes, rather than just time spent. Techniques for recording learning may include monitored and assessed logs of candidate activity, critical case studies of paradigm projects, case studies of projects undertaken by the candidate, examinations of professional practice knowledge and ability, and/or interviews with experienced professional practice examiners.
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4. Learning Outcomes
Competency relates mainly to knowledge and ability which are relevant irrespective of where or when an architect practices, as reflected in the adoption of the UIA/UNESCo Charter on Education. However, there are differences in the knowledge base, which is required for competent practice at a particular time or location. For example, while an awareness of the existence of contract law may be globally relevant to architects in practice, the knowledge of a particular countrys legal system may by domain specific; while an understanding of lateral stability is global in its relevance, knowledge of geo-technical conditions and methods for design against earthquakes may be domain specific. The UIA believes that the demonstration of professional competence should focus on the development of general and transferable knowledge and skills, for these are the learning outcomes which remain relevant to the professional over time and irrespective of the location of practice. The need for continuing professional development is acknowledged by the UIA and the architects code of conduct usually requires that architects should only undertake commissions where the required knowledge and ability are present. The UIA does not favor the re-examination of knowledge and ability, which have already been examined.
The scope and standard of competency at all stages of an architects education and professional training should be subject to regular accreditation/validation by an objective panel which can sanction programs and report its findings to registration bodies/professional institutes.
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Introduction
Registration/Licensing
Certification Registration/licensing/certification is the official legal recognition of an individuals qualification allowing her or him to practice as an independent architect, associated with regulations preventing unqualified persons from performing certain functions. Given the public interest in a high-quality, sustainable built environment and the dangers and consequences associated with the construction industry, it is important that architectural services are provided by properly qualified professionals in order to provide adequate protection for the public. Registration/licensing/ certification is based on minimum standards of competency relative to education, experience, and examination to ensure that the public interest is served. occupational licensure is an exercise of the states inherent police power to protect the health, safety, and welfare of its citizens. Five generally accepted criteria indicate when licensure is appropriate: 1) nregulated practice of the occupation poses a serious risk to a consumers life, health, safety, or economic u ell-being and the potential for harm is recognizable and likely to occur; w 2) he practice of the occupation requires a high degree of skill, knowledge, and training; t 3) he functions and responsibilities of the practitioner require independent judgment and the members of the t ccupational group practice independently; o 4) he scope-of-practice of the occupation is distinguishable from other licensed and unlicensed occupations; t 5) he economic and cultural impact on the public of regulating this occupational group is justified. The practice of t rchitecture meets these classic criteria. a
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Title registration means individuals must still meet specific qualifications criteria, but only the use of the title is controlled. Individuals who do not have the title may continue to perform the services. Title registration should confer only a protected title. A title bill should not affect the scope of that groups practice or permit those individuals to do anything they were not already legally entitled to do. (NoTE: Title registration is called certification in most states. The word licensing, though often used as an umbrella term for state regulation, is used by most states to mean practice regulation.) Title registration is intended to provide a means that the public can use for distinguishing trained/qualified practitioners or providers of a service from untrained or unqualified individuals. Title registration does not prevent other less qualified individuals from providing the services; it simply establishes a measuring stick against which their qualifications can be judged. Title registration is considered appropriate when no serious threat to the public is involved, but consumers may be confused and misled about providers qualifications. Title registration achieves the goal of enabling the public and consumers of services to differentiate, with minimal cost to the state and consumers, trained, qualified individuals from those who are untrained. With title registration, those individuals who do not meet the registration requirements are not deprived of their livelihoods. These individuals can continue to provide services; they are simply constrained from using a protected title.
2.2 Rules of Conduct The statute should authorize the architectural registration agency to promulgate, as part of its regulatory function, rules of conduct governing the practice of registered architects. The statute should contain standards for the scope and content of such rules. The statute should also provide that violation of the rules of conduct promulgated by the architectural registration agency is one of the enumerated grounds for revocation or suspension of registration or for the imposition of a civil fine.
3.1 Degree
An applicant for registration should be required to hold an accredited professional degree in architecture. The UIA recommends that the UIA/UNESCo Charter for Architectural Education be established as the minimum criteria for architectural education.
1. Definition
1.1 Practice of Architecture
For the purpose of a registration statute, the definition of the practice of architecture should be the definition adopted by the UIA in the Accord on Recommended International Standards of Professionalism in Architectural Practice: The practiceofarchitectureconsistsoftheprovisionofprofessionalservicesinconnectionwithtownplanningandthe design,construction,enlargement,conservation,restoration,oralterationofabuildingorgroupofbuildings.These professionalservicesinclude,butarenotlimitedtoplanning;strategicandland-useplanning;urbandesign;provision ofpreliminarystudies,designs,models,drawings,specifications,andtechnicaldocumentation;coordinationof technicaldocumentationpreparedbyothersasappropriateandwithoutlimitation(consultingengineers,landscape architects,andotherspecialistconsultants);constructioneconomics;contractadministration;monitoringof construction(referredtoassupervisioninsomecountries);andprojectmanagement. This definition of the practice of architecture covers the wide variety of services that architects normally furnish and for which they are specifically trained and in which they are required to demonstrate professional competency. In some jurisdictions where the education and training and competency standards are more narrowly drawn, the UIA Accord definition may need to be amended to reflect these narrower standards. No person should be permitted to engage in the practice of architecture unless registered or otherwise permitted to practice under the registration statute. No person should be permitted to use the title architect or otherwise represent to the public that he or she is an architect unless he or she is registered to practice architecture. In some instances, state statutes may exempt various categories of related design professionals from the purview of the statute to the extent that the exercise of their profession may incidentally involve them in the practice of architecture. It is important that these exemptions be carefully thought out to serve as a means for setting off other legitimate design activities from the practice of architecture. In many jurisdictions, engineering registration laws permit the engineer to design structures as well as a multitude of other projects. The architectural profession is often restricted by law to designing only buildings and ancillary facilities for human habitation. The UIA advocates that statutes regulating the profession of architecture should not unduly narrow the scope of practice and should recognize that architects, through their practices, express the roots of a societys cultural and aesthetic values through the architecture they design.
3.2 Practical Training The UIA recommends that an applicant for registration have such practical training as set out in the Accord Policy. 3.3 Examination
To be registered, the applicant should be required to pass examinations covering such subjects and graded on such basis as the registration agency shall, by regulations, decide.
3.4 Personal Interview Registration agencies may require a personal interview with a candidate for registration. 3.5 Moral Character If the state wishes to invest its registration agency with discretion to reject an applicant who is not of good moral character, the statute should specify only the aspects of the applicants background germane to the inquiry, such as:
C onviction for commission of a felony; m isstatement or misrepresentation of fact by the applicant in connection with his or her application; V iolation of any of the rules of conduct required of registrants and set forth in the statutes or regulations; P racticing architecture without being registered in violation of registration laws of the jurisdiction in which the p ractice took place.
I f the applicants background includes any of the foregoing, the registration agency should be allowed, notwithstanding, to register the applicant on the basis of suitable evidence of reform.
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4. Reciprocity Procedure
The statute should make provision for registering nonresident applicants in addition to the provisions outlined in the section 3, Qualifications for Registration, and to any provisions in the statute providing other forms of reciprocity.
T he person having the practice of architecture in her or his charge is herself or himself a general partner, i f a partnership; a director, if a limited liability company; or a director, if a corporation, and registered to p ractice in that jurisdiction. The statute should empower the registration agency to require, by regulations, a ny partnership, limited liability or unlimited company, or corporation practicing architecture in that state t o file information concerning its officers, directors, managers, beneficial owners, and other aspects of its b usiness organization on such forms as the agency prescribes.
.2 It shall be the project design architects obligation to report to the registration jurisdiction and to the 6 uilding official if he or she is not engaged to provide construction administration services described in b aragraph 1, above. P .3 A registration jurisdiction may waive these requirements with respect to a particular project or class 6 f projects if it determines that the public is adequately protected without the necessity of an architect o erforming the services described in Paragraph 6.1. p
5. Form of Practice
If architectural services are provided by corporate entities, they should be required to be under the effective control of architects and required to conform to and maintain the same professional standards of service, work, and conduct as individual architects. A majority of member sections responding to the UIA Professional Practice Commission questionnaire indicated that their states permitted the practice of architecture in partnerships and conventional corporate forms. The restrictions placed on corporate practice and the newer limitedliability company are often onerous. The great variety of these restrictions suggest that a guideline is needed to seek a reasonable, international provision respecting firm practice while assuring the public of the integrity of architectural services performed.
7 .1 Although violation of the architectural registration statute by unregistered persons should be a crime, t he registration agency should also be authorized, after a hearing, to impose civil fines of up to a stated a mount and to issue orders to cease against unregistered persons and persons aiding and abetting u nregistered persons. The registration agency as well as the governments attorney general and other l ocal law enforcement authorities, should be authorized to seek injunctions against practice by unregistered p ersons and the aiding or abetting of such practice, and judicial enforcement of civil fines imposed by the r egistration agency. 7 .2 All plans, specifications, and other technical submissions prepared in the course of practicing architecture ( as defined in Guideline 1) required to be filed with the state of local building or public safety officials should b e sealed by an architect. If state law provides certain exceptions to the general requirement that technical s ubmissions be sealed, then the person filing the technical submissions should specify on them the state law e xempting the preparation of those technical submissions. Any permit issued on the basis of technical s ubmissions not complying with these requirements shall be invalid.
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Foreword
The UIA Policy on the procurement of architectural services states: To ensure the ecologically sustainable development of the built environment and to protect the social, cultural and economic value of society, governments should apply procurement procedures for the appointment of architects that are directed to the selection of the most suitable architect for projects. This is best achieved by one of the following methods: rchitectural design competitions conducted in accordance with the principles defined by the UNESCo- A IA international competitions guidelines and approved by national authorities and/or architectural U rofessional associations; p qualification based selection (QBS) procedure as set out in the UIA guidelines; A irect negotiation based on a complete brief defining the scope of architectural services. D
Guidelines for architectural competitions are available from the UIA directly or from UIA member sections. This is the Guideline document that provides clients with a tried and tested method of selecting an architect for those projects on which an architectural competition is not to be held. This method enables the selection of the best available architect, at the right price. Architects are selected by many methods that range from international competitions to chance meetings at social functions. This Guide provides a tried and tested method that will enable a client to appoint an architect confident in the knowledge that they have selected the best available consultant at the right price. Qualification Based Selection (QBS) was developed originally in the United States of America following federal government legislation (known as the Brooks Bill) requiring that architects and engineers be selected on the basis of qualification and capability rather than price.
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Selection of an architect
In appointing an architect, a client should be guided by one primary considerationthe qualifications of the firm for the specific project to be undertaken. In short, selecting an architect should be by the same criteria that apply to choosing a physician or other reputable professionalmost importantly skill, reputation, rapport, past performance, technical competence and commitment to the clients interests. The selection of the architect will have a major bearing on the quality of the resultant project. A quality project can be defined as one that meets or exceeds the needs and expectations of the client.
Step 1 Selection
Introduction
The objective in Step 1 is to create a short list of three to five firms or individuals most qualified to perform the work, based on a preliminary scope of work and project specific evaluation criteria and then, to determine the firm most qualified under the specific proposed project circumstances with which negotiations will then be conducted to establish a contractual arrangement. This step enables the client to communicate to the architect what is expected from them and what is to be accomplished. It also enables the architect to respond accordingly, with focused Statements of Qualifications. These qualifications are evaluated and ranked by the clients selection committee, with the goal of selecting the firm or individual most qualified for the project.
As appropriate, other items may be added to provide general guidance to the interested firms and meet the needs of the client. All services the client wishes the architect to provide, including feasibility studies, program development, design, construction coordination and budget development, should be generally outlined.
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The client may also decide to interview representatives of each short-listed firm. Technical proposals may not be needed if interviews are held. These interviews give the client the opportunity to compare the firms creative approaches to the design process, as well as their interpretation and understanding of the project. Almost as important, interviews give the client an important insight into each firms management style and communications abilities. For this reason, the client should require that all short-listed firms send principals, as well as the key architects and other professionals who will be responsible for the work, to these interviews.
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have been evaluated (Form QBS2). This system provides a documented record of the selection process as support for the committees actions, which is important. The selection committee should take time to achieve the ranking and selection by consensus rather than just by majority vote. one reviewer, however, should not be permitted to unduly influence the outcome of the selection process. After the ranking of firms is completed, a memo should be prepared and mailed to all firms who participated in the interview process. The memo should list in alphabetical order all short-listed firms and the order in which the committee ranked them. It is customary for clients to provide this information as a courtesy to the firms.
After the most qualified firm has been selected and a detailed scope of services has been agreed upon, an acceptable fee should be negotiated. To assist in this process, set out below are several different methods that architects use for charging fees.
Percentage Fees
This is a very common method of charging fees. The architect charges a percentage of the cost of the building (usually the cost on completion). The advantage of a percentage fee basis is that a fee agreement can be reached at the earliest possible time, even before the value or extent of the building work is known. It is normal for the fee to change with the cost of the work so if, for example, the client increases the size of the job, the architects fee will increase proportionately. Similarly, if the final cost of the building is less than the estimate, the architects fee would be reduced. It should be noted, however, that if the architect has completed design work to the clients instructions and they then reduce the size of the project, the client may be charged additional fees for redesign work.
Step 2 Definition
Introduction
The top ranked firm from Step 1 is then invited to participate in Step 2 of the process (use Forms QBS3 and QBS4). The objective of Step 2 is to understand the clients needs and expectations and to jointly define the scope of the project, the services required and the contract form. During this phase, the client will be able to explain the needs and objectives of the project more fully. The architect will be able to respond and make suggestions, based on experience and gain a better understanding of the clients needs and expectations. Additionally, this phase gives access to the advice and expertise of the top-ranked firm in developing the most appropriate scope of the proposed work. This phase also provides the next chance to evaluate if the top-ranked firm will make a good team member. If the client is unable to reach agreement with this firm as to the scope of the project, they may move back to the beginning of Step 2 with the next highest ranked firm on the list.
Step 3 Appointment
Introduction
In circumstances where fees are not determined by law or some other mandatory system, Step 3 is one of the major benefits of the QBS process, for it is here that the client is able to appoint the architect on the basis of an acceptable fee. Given the important nature of the services and growth of litigation, the client and the architect should enter into a written agreement. The parties may wish to use the standard forms of agreement that have been developed by the local or national professional association of architects.
Architects Fees
The selected architect is both a professional and a business person in providing design services. An architect not only provides highly technical services and acts as the clients agent, but must also recover all costs and earn a fair profit to remain in business. The common law of business balance prohibits paying a little and receiving a lot. The purpose of this section is to explain how the architect charges, so clients will be fully informed when they enter into negotiations to establish a fair and reasonable price for professional services.
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Qualifications evaluation
Client ______________________________________________________________________________________ Contact Person ______________________________________________________________________________ P roject Description __________________________________________________________________________ Architect _______________________________________________ Evaluation ID No ______________________ Address ___________________________________________________________________________________ Suburb _____________________________________________ State _________ Postcode _________________ Telephone ( ____ )___________________________ Facsimile ( ____ ) ____________________________________ 1 2 3 4 5 6 7 8 9 Firms history and resource capability to perform required services Evaluation of assigned personnel Related experience (as appropriate): a. Design services b. Technical documentation c. Contract administration d. Studies e. other Project methodology Approach to quality management Familiarity with local area geography and facilities Ability to relate to project requirements Analysis of subjective statements (one page) applicable to the project as required on the request for qualifications Reference check (evaluation transfer from reference check form) Rating (15) Weight (110) x = x = x = x = x = x = x = x = x = x = x = x = x =
Total
G RAND ToTAL______________
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Form QBS5 Possible questions for referees for whom the architect has completed projects
ow many projects have you done with this architect? H as the design of the finished job what you expected? If not, was it better or worse? W id your architect listen to what you said? D ow important was your budget? Was it more important than: H finishing on time? the quality of the job? id the job come in on budget? If it exceeded the budget do you believe that the architect bore any D esponsibility? r id the architect perform on time? If not, in what respect did the architect fail? D If the architect administered the building contract: id the builder perform on time? If not, could the architect have done any more to obtain timely performance? D as the quality of the builders work acceptable? If not, could the architect have done any more to obtain W ood quality work? g id the architect have a good businesslike relationship with you? D id the architect have a good businesslike relationship with other members of the project team and with D uthorities controlling the building? a id you feel you could trust the architects: D onesty? h udgement? j f not, why? I
Introduction
At the meeting of the commission in Washington in December, 1998, there was broad agreement that the amended code evolving from the Barcelona meeting should be put to the Assembly in Beijing for adoption as the Accord Guidelines for Ethics and Conduct for subsequent adoption by member sections within their own codes. The drafting panel, drawing on principles and policies articulated in the accord and the codes of ethics and conduct from member sections around the world, recommend to the council and assembly the following:
Preamble
members of the architectural profession are dedicated to the highest standards of professionalism, integrity, and competence, and to the highest possible quality of their output, and thereby bring to society special and unique knowledge, skills, and aptitudes essential to the development of the built environment of their societies and cultures. The following are principles for the conduct of architects in fulfilling those obligations when undertaking a consulting service. They apply to all professional activities, wherever they occur. They address responsibilities to the public, which the profession serves and enriches; to the clients and users of architecture and the building industries, who help to shape the built environment; and to the art and science of architecture, that continuum of knowledge and creation which is the heritage and legacy of the profession and of society.
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1.4 Standard: Architects shall ensure that their practices have appropriate and effective internal procedures, ncluding monitoring and review procedures, and sufficient qualified and supervised staff such as to enable them i o function efficiently. t 1.5 Standard: Where work is carried out on behalf of an architect by an employee or by anyone else acting nder an architects direct control, the architect is responsible for ensuring that that person is competent to u erform the task and, if necessary, is adequately supervised. p
3. Standard: Architects shall not undertake professional work unless the parties have clearly agreed in w riting to the terms of the appointment, notably: Scope of work; Allocation of responsibilities; Any limitation of responsibilities; Fee or method of calculating it; Any provision for termination. 3. Standard: Architects shall be remunerated solely by the fees and benefits specified in the written a greement of engagement or employment. 3. Standard: Architects shall not offer any inducements to procure an appointment. 3. Standard: Architects shall observe the confidentiality of their clients affairs and should not disclose c onfidential information without the prior consent of the client or other lawful authority; for example, when d isclosure is required by order of a court of law. 3.10 Standard: Architects shall disclose to clients, owners, or contractors significant circumstances known t o them that could be construed as creating a conflict of interest, and should ensure that such conflict does n ot compromise the legitimate interests of such persons or interfere with the architects duty to render impartial j udgement of contract performance by others.
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5.4 Standard: Architects shall not, when offering services as independent consultants, revise a fee quotation o take account of the fee quoted by another architect for the same service in order to protect the client and t ociety from unscrupulous under-resourcing by an architect. s 5.5 Standard: The architect shall not attempt to supplant another architect from an appointment. 5. Standard: Architects shall not enter any architectural competitions that the UIA or their member sections ave declared to be unacceptable. h 5. Standard: Architects shall not when appointed as competition assessors subsequently act in any other apacity for the work. c 5. Standard: Architects shall not maliciously or unfairly criticise or attempt to discredit another architectswork. 5. Standard: The architect shall, on being approached to undertake a project or other professional work upon hich he/she knows or can ascertain by reasonable inquiry that another architect has a current appointment with w he same client for the same project or professional work, notify the other architect. t 5.10 Standard: Architects shall, when appointed to give an opinion on the work of another architect, notify the ther architect, unless it can be shown to be prejudicial to prospective or actual litigation to do so. o 5.11 Standard: Architects shall provide their associates and employees with a suitable working environment, ompensate them fairly, and facilitate their professional development. c 5.12 Standard: Architects shall ensure that their personal and professional finances are managed legally nd rudently. a p 5.13 Standard: Architects shall build their professional reputation on the merits of their own service and erformance and should recognise and give credit to others for professional work performed. p
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A. Project Management
F ormation and management of project team S chedule planning and control P roject cost control C lient approval processing G overnmental approval procedure C oordination with consultants and engineers P ost occupancy evaluation
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F. Construction Phase
To assure quality of the project documented in the contract document, the architect clarifies design intention and observes site works done by the Contractor, clarifies design intention, issues instructions, authorizes payments to the contractor.
D. Design
onfirmation of requirements and conditions C esign and production of construction documents D esign presentation for clients approval D
G. Handover Phase
With completion of the project, the architect inspects final quality of the project for conformity with the contract document and checks to confirm that all statutory approvals have been obtained. The architect arranges a formal handover of the project from the contractor to the client.
E. Procurement
election of construction procurement S rocessing of construction procurement P ssist of construction contract award A
I. Other Services
The services listed below are not necessarily excluded from the core services. Some jurisdictions accept some of these services as core services, taking into consideration that the architects are appropriately qualified to perform these services for clients and the public. i ) Feasibility Studies i i) Preparation of design requirements (program) i ii) Building survey (inspection) i v) Negotiations (e.g. land-use/zoning conversions) v ) Delay and protracted Services v i) Special presentations for sales and advertisement brochures v ii) Life cycle planning v iii) Land-use/town planning i x) Urban design x ) Facilities management x i) Landscape design x ii) Interior design x iii) Graphics and signage design x iv) Acoustic design x v) Lighting design x vi) Specialist detailing (e.g. curtain walling) x vii) Building energy studies x viii) Cost consultancy services x ix) Building codes services x x) materials/equipment services x xi) Environmental studies x xii) Construction management services x xiii) Support for art works x xiv) Project management services x xv) Accessibility services x xvi) Dispute resolution (mediation, Arbitration, Expert Witness) x xvii) Historical restoration x xviii) Renewal of existing building x xix) Post occupancy evaluation
F. Contract Administration
S upport to construction administration C larification of design intents and review of quality control bservation, inspection and report of site work o C hange order and field order
An architects services are not limited to the above listed core services. UIA recognizes that there are various services in the different jurisdictions - such as urban planning, historical restoration, renewal of existing buildings and many other services wherever architects are capable to carry out these services based on appropriate education, training and experience.
Project flow
With various participants in a project, any type or size of the project proceeds by following basic phases described below while solving complex problem of the Project. Every project has different conditions. Project flow presented here is merely the benchmark for the individual project to identify the various deviations within the essential flow of the project.
The following list categorizes several major Forms of Practice prevailing at the present moment. Less common forms of practice are classified as Specialized Forms of Practice and non-profit making organizations are classified as other Forms of Practice A) Basic Major Forms of Practice ole Proprietorship S nlimited Partnership U nlimited Company U imited Partnership L imited Company L A) Specialized Forms of Practice roup Practice G ollaborative Practice C onsortium C ommunity Practice C niversity Based Project office U ubsidiaries / Affiliates of Corporation S ulti-Disciplinary Practice m A) Other Forms of Practice overnment G uasi-governmental bodies / Institutional Bodies Q
A.4. Limited Company A legal entity formed by incorporation in the local jurisdiction, and may be either having the liability of its m embers limited by the memorandum to the amount, if any, unpaid on the shares respectively held by them ( company limited by shares) or having the liability of its members limited by the memorandum to such amount t hat the members may respectively thereby undertake to contribute to the assets of the company in the event o f its being wound up (a company limited by guarantee). This includes also corporations where stocks are o ffered by the general public and listed on the stock exchange. The following guidelines shall prevail: hat a certain amount of authorized capital of the corporation/company amount, determined appropriately T y the local jurisdiction, is paid up. b hat the articles of association of the corporation/company provide that the chairman and the majority of T he directors of the corporation/company shall be registered architects or associated professionals and t rdinarily resident of the local jurisdiction. o hat the business of the corporation/company shall be under the control and the management of a director T f the corporation/company who is a registered architect ordinarily resident in the local jurisdiction. o A.5. Limited Partnership P artnerships consisting of certain members who are liable for the firms debts only to the extent of the capital c ontributed or agree to be contributed, but such members are prohibited from taking part in the management of he firm. The requirement is the same as Partnership, except there should not be any restriction on the t p rofessional background of the limited partners. N otwithstanding the above provision, the following conditions shall apply regardless of the form mentioned a bove: A n unlimited/limited corporation/company shall have the same rights and shall be subject to the same o bligations in respect of the fiduciary, confidential and ethical relationships with each client of the c orporation/company that exist at law between a registered architect and his/her client. A registered architect who has the control and management of the business of a unlimited / limited c orporation/company or a licensed partnership shall be subject to the same standards of professional c onduct and competence in respect of such services as if he / she was personally supplying the a rchitectural services.
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Appropriate professional indemnity insurance should be secured for the particular circumstances of the consortium. he entities of a consortium shall also abide by the prevailing conditions and other legal aspects of T overnment in the local jurisdiction where a consortium is formed. g B.4. Community Practice Refers to practices working directly with the community. It may take any form of practice as mentioned in (A), and the objectives may not necessarily be profit making, although it may function similarly to any other forms of business association. The owner of the practice is normally the community itself with the management function conducted by registered architects and associated professionals. Sometimes the registered architects will have ownership as well. It is suggested that the professional liability should rest with the registered architects, whereas commercial risk should rest with the practice, which includes a fair share by the community. B.5. University Based Project Office Refers to a unit within a university, which offers professional advice in specialty areas such as energy conservationetc, which also give students hands on experience. The form and ownership shall follow the guidelines set by the local jurisdiction as well as the university within which it is set up. The ownership should be held jointly by the University and registered architects ordinarily resident in the local jurisdiction. Professional liability should be the responsibility of the registered architects, while commercial liability should rest with the University, or as agreed between the University and the registered architects. Due to the relatively specialized nature, educational benefits, and in many instances profit making not being the sole objective, it is appropriate for such practices to define their scope of services in more specific terms and secure appropriate professional indemnity against commercial risks. B.. Subsidiaries/Affiliates of Corporation A company, which is solely owned by another corporation. subsidiary/affiliate practice may consist of any form, or combination of the basic forms of practice as A tated in (A) for the purpose of providing architectural services. s he relationships and responsibilities of the practice in relation to the Holding Corporation, as well T s among all other affiliates within the same Holding Corporation shall be defined and agreed. The a rchitectural subsidiary/affiliate shall ensure that all responsibilities, liabilities, work appointment, conduct, a tc. with the Holding Corporation and other affiliates are clearly agreed and defined under those prevailing e onditions in the local jurisdiction. Appropriate professional indemnity insurance should be secured for the c articular circumstances of the architectural entity. p he entities of subsidiaries/affiliates shall also abide by the prevailing conditions and other legal aspects of T overnment in the local jurisdiction where a consortium is formed. g B.. Multi-disciplinary Practice A practice which offers architectural as well as other building related services and may not necessarily be under the management of registered architects. multi-disciplinary practice may consist of any form, or combination of the basic forms of practice as A tated in (A) for the purpose of providing architectural or other building related services. s he offer of the architectural services in a multi-disciplinary practice shall be under the effective control of a T egistered architect ordinarily resident in the local jurisdiction. r he practice shall also abide by the prevailing conditions and other legal aspects of government in the local T urisdiction where the multi-disciplinary practice is formed. j
In the event where architects within governmental bodies are required to perform and provide architectural s ervices as a separate entity, the prevailing laws and conditions governing the various forms of practice shall be a bided by accordingly.
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Introduction
In most jurisdictions architects must be registered, licensed, or certified in order to practice architecture. Practice in a Host Nation covers the situation when individual architects or corporate entities of architects have been commissioned to design projects in a country in which they are not registered, licensed, or certified. The UIA recognizes the need for the responsible mobility of architects and their ability to provide services in foreign jurisdictions. It is the goal of the UIA that an architect recognized by the relevant authority of the nation/state in any UIA member section should be recognized as being able to be registered, licensed, or certified through bilateral or multilateral agreements and be able to establish in those nation/states as an architect by the relevant authorities in the nations/states of all UIA member sections. The UIA also recognizes a need to promote the awareness of local environmental, social, and cultural factors and ethical and legal standards. To this end, the UIA Assembly has approved the Second Edition of the UIA Accord on Recommended International Standards of Professionalism in Architectural Practice. While the Accord and related Policy Guidelines are intended to define best practice for the architectural profession and the standards to which the profession aspires, they are also intended to make it easier for interested parties to negotiate mutual recognition and/or free trade agreements allowing portability of architectural credentials and/or services. The long established UIA International Code of Ethics on Consulting Services requires that every consultant from a foreign countryshall associate and work harmoniously with consultants or professionals of the country where the project is located.
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.7 A foreign architect should be required to agree to follow the laws, codes of ethics and conduct, building 2 odes, etc. of the local jurisdiction. c 2 .8 Foreign and local architects forming collaborations should be required to enter into formal, fair and e quitable agreements that uphold the ethical standards of the UIA. Numerous model documents and books h ave been developed that cover the principles involved and issues to be considered when developing an a greement between collaborating architects.
3 . Where a mutual recognition agreement exists between the relevant authorities of two c ountries, this guideline is not relevant.
2 .1 Foreign architects should: a Be prepared to demonstrate to the national or international relevant authority that they hold a current registration/license/certification from a relevant authority of a jurisdiction, which allows them to use the title architect and to engage in the unlimited practice of architecture in that jurisdiction. b Provide proof of their qualifications. c Certify that they are not subject to any criminal/ethical conviction. 2 .2 Promptly after being selected as architect for a project in which a foreign architect is to be involved, the l ocal architect should be required to provide a document to the relevant authority establishing the local a rchitects relationship with the foreign architects to include their qualifications, and a description of the s pecific project for which this arrangement has been made.
.3 Foreign and local architects should make sure that in their collaboration they both have the necessary 2 xpertise and experience to meet the needs of the project. e .4 Professional services rendered by the associated architects should jointly and severally be rendered by the 2 oreign and qualified local architects involved in the project. f .5 In any documents and when claiming credit for the project, the local architect and the foreign architect 2 hall accurately represent their respective responsibilities on the project. s .6 Upon request from a local relevant authority, it is expected that the foreign relevant authority of the UIA 2 ember section will agree to confirm the status of the foreign architect as suggested in paragraph 2.1. m
Preamble
Architectural services are characterised by the intellectual capacity of the architect. Qualified architects are capable of developing creative building solutions by applying their knowledge and skill to a consideration of the clients requirements. The ideas and concepts created by the intellectual activity of architects are the products, which enables them to practice as architects. The importance of this creative intellectual endeavour requires that it have strong protection. Protection of -intellectual property rights guarantee that others cannot exploit the intellectual effort of architects and other creators of original works. This protection provides an incentive for further creative and innovative development in architecture for the benefit of clients and the public. This fact is essential for cultural improvement in architecture, which becomes more and more important in a globalized world in order to allow people to identify themselves with their built environment. Intellectual Property means the rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, such as copyright rights, patent rights and others. As opposed to property of things, intellectual property covers the intellectual effort. Intellectual property is a general term made further concrete in patent law, copyright law or trade mark law. Copyright covers specifically the intellectual effort regarding an artistic creation as opposed to the intellectual effort regarding the development of a pure technical process or object, which can only be protected under patent law. Copyright protects the interest of authors in relation to their creations and grants them the exclusive right of using their creations. To provide services successfully in foreign countries architects must have the assurance that their intellectual property in their creative works are protected. Therefore it is important that intellectual property is protected in all countries to provide the necessary security for architects to confidently provide the best service to their clients. In this aspect the UIA Guideline on Practice in a Host Nation plays an important role in furthering cross-border services while protecting the intellectual property of architects.
Guideline
The following Guideline attempts to define the key concepts, issues and common eventualities relating to intellectual property rights in the field of architecture. These include definitions of author and the works that are subject to copyright and issues such as moral rights, protection, ownership and enforcement.
1. Author
1.1 Initial Ownership T he author of a work is the person who created that work, and is presumptively the owner of the copyright in t w he ork. An author is always a natural person. Corporations, businesses or public entities may, however, own c opyright of a work when the work is made under a consultancy agreements (See 1.2) or if the authors agree to a ssign their rights, provided that this is regulated in the relevant national copyright law.
1.2 Works made under employment and consultant agreements n the case of works authored by an architect while under an employment arrangement, the employer is I resumptively the owner of the copyright, however this may be altered by explicit terms in the agreement of p mployment. In the case of works authored by an architect engaged as consultant, the architect is presumptively e he owner of the copyright. However, if the law permits copyright may be transferred by agreement and with the t onsent of the author As copyright is a commercial property it is appropriate that payment, in addition to the fees c aid for architectural services, is made to architects who agree to transferring the ownership of the copyright in p heir work. t 1.3 Collective Works opyright in each separate contribution to a collective work is distinct from copyright in the collective work C s a hole, and vests initially in the author of the contribution. In the absence of an express transfer of the a w opyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired c nly the privilege of reproducing and distributing the contribution as part of that particular collective work, any o evision of that collective work, and any later collective work in the same series. Copyright in a collective r ontribution in creating work vests in all authors of the collective work. All authors have the same rights c onnected to the copyright. Those rights can only be used collectively regarding the work as a whole. c
issue of infringement of copyright only arises, if a unique concept of a building, an extravagant technical detail or an extraordinary appearance of a building is copied. The mere influence of existing architectural works on the design of new - architectural works does not constitute an infringement of copyright. Droit Moral/ Moral Rights T he so-called moral rights include the right of attribution and the right of integrity in the protected works. T hese rights provide for recognition of authorship and protection of the works against violations. 3.1 Right to publish architectural work S ubject to the laws relating to privacy authors of architectural works should enjoy the exclusive right to p ublish their work. This right applies to architects only in a limited way because in general they have no s ay in the - publication of the building they design for the client. However, the architect should have the power t o decide if, when and how plans and pictures of his work are going to be published. In addition designs e ntered in architectural competitions should only be published and exhibited in accordance with the conditions of t he competition or with the specific approval of the author. Works produced by students in the course o f their studies should only be published and exhibited as required for the purpose of scholarly evaluation and c riticism. Students work should not be published for other reasons without the consent of the student. The use o f a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship or r esearch should not be an infringement of copyright. The use for such purposes is sometimes referred as the fair use exception to copyright protection. There are reasonable limitations on such fair use; which has the e ffect of reducing the authors market for the copyrighted work 3.2 Recognition of authorship Authors should have the right to put their name on their work and to have the work attributed to them when it is published. This recognition is especially important for sketches, plans and other documents, but it applies also to the built facility. Even though a copyright notice is not a condition of copyright protection, the notice should be displayed, particularly on drawings and other architectural documents, for clarification. In doing so, the author can avoid a defence of innocent infringement in mitigation of actual or statutory damages. A possible copyright notice could read: Copyright Associated Architects, Inc. 1999. 3.3 Violation of architectural works Besides the authors economic rights and even if those rights are transferred someone else the author should have the right to claim authorship of the work and to object to plagiarism, distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honour or reputation. This right, sometimes described as the moral Right to Integrity in created work, should be maintained even after the death of the author, at least until the expiry of the economic rights, and should be exercisable by the persons or institutions authorised by the legislation of the country where protection is claimed. 3.4 Alterations - Balancing the interests of owners and architects when buildings are altered The long duration of a building makes it probable that adaptations, extensions or other changes are necessary. The client invested once in that building and must have the possibility to alter it according to his economical needs. The owner or user of the building must have the right to adapt the building to changing needs or purposes, which often includes changes in the architectural concept. Also changing public building regulations may require the alteration of a building. At the same time the reputation of architects is largely established by their built works. Alterations to a building therefore have the potential to denigrate the reputation of the architect who is publicly known to be the author of the building. The alteration must ensure that the architects personal interest for consistency of the building is safeguarded and their architectural capabilities are not disparaged or devalued in public. The architect is endangered that after unauthorized alteration of his publicized work he is still recognized as the architect of that work. In the eyes of the public the author will then be seen as having made those new architectural expressions, which can damage his/her image. It is necessary, therefore, to find a balance between the two interests: Interest of the owner for alteration and the interest of the author for consistency. In finding that balance one has to take into account that the original architect of a building has more insight than anybody else regarding possibilities in developing the building for changing demands. Because of the original architects profound knowledge about the design, construction and environment of his creation only that architect is in the best position to develop the necessary solutions while respecting the design of the building and its aesthetic qualities. Consequently it is recommended that the author of a building should have the legal right to be consulted prior to the building being altered. Such a right would not prohibit owners from proceeding with alterations to suit their requirements. However a consultation conducted in good faith provides an opportunity for the owner to consider maintaining the integrity of the original design or, if necessary, for the architect to publicly dissociate from the altered works.
2. Protected works
Copyright protects original works of authorship that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it can be communicated with the aid of a machine or device. No publication or registration or other action is required to secure copyright. Copyright is secured automatically when the work is created for the first time. 2.1 Architectural works rotected works under this guideline are original architectural works of authorship fixed in any tangible medium P f expression, which represent a personal and original intellectual creation. Novelty, ingenuity, or aesthetic o erit re not qualifying criteria for protected works. The necessary standard of originality requires only that m a he work owes its existence to the efforts of the author and is not merely a copy of a pre-existing work. t opyright protection extends only to documented or built works and not to ideas, procedures, methods of C peration or mathematical concepts as such, because these works might be protected under the relevant o echnical protection rights such as patent rights. Copyright protection can cover any kind of architectural work. t 2.2 Protection of specific architectural works 2.2.1 Documentation of architectural designs. D ocumentation of architectural designs and buildings either in electronic or hardcopy form can be protected u nder copyright. Apart from the plans, drawings, schemes, etc. of the object as a copyright protected work, t he object itself can be protected, if realized in three dimensions. This refers also to works of town planning a nd urban design. 2.2.2 Expert opinions, specifications and other documents T he given form of representation of expert opinions, specifications and other documents can be protected u nder copyright, if they represent a personal creation. The protection does not cover the content of the d ocument but only the form of representation, in order to distinguish copyright from technical protection rights s uch as patent right. 2.2.3 Buildings A building can be protected under copyright, assuming the design fulfils the requirements of a personal c reation of originality (See above 2.1). Similarly, parts of buildings or the combination of buildings can be p rotected as well as the newly creative assembled combination of already known elements as an ensemble. S tyle, taste, aesthetic value or fashion are of no importance to the question, if the work has the necessary c reative character. Any building or architectural work can be protected under copyright-.
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3.5 Destruction The right of objecting to the alteration of the work should include also the right to object to its destruction. Contrary to alteration the destruction of the work does not include the danger that the architect will be recognized as the author of the altered work. However the destruction of the work still violates the moral right of integrity in the architects work. The author has an interest in the work continuing to establish and maintain his or her professional reputation. Therefore the right of the owner to demolish the building conflicts with the moral right of the architect. Hence the right for destruction of a building must be balanced with the authors right for consistency.
Recommended Guideline for the Accord Policy on the Role of Professional Bodies
4. Term of Protection
The term of copyright protection should extend to fifty years beyond the death of the author of the work.
5. Enforcement of Copyrights
The UIA recommends that laws and enforcement procedures are available that permit effective action against any act of infringement of intellectual property rights covered by this Guideline. These procedures should be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse. Procedures concerning the enforcement of intellectual property rights should be fair and equitable. They should not be unnecessarily complicated or costly, or entail unreasonable time limits or unwarranted delays.
1. Preamble
Architects, whether self employed or employees, are generally controlled by a regulating body in charge of ensuring that laws, decrees, and professional standards are applied and observed by all members of the profession. In many countries professional bodies have also been established for the advancement of architecture, for the promotion of knowledge, and to protect the public interest by ensuring that their members perform to a known standard. In a number of countries both the regula tory function and the advancement of architecture are undertaken by the one orga nization. Before defining what an architects professional body should be it is necessary to recall the context of globalization and the guiding principals of the General Agreement on Trade in Services (GATS). The fundamental objectives of GATS are the same as that of the World Trade organizations (WTo) objectives for goods - to ensure the balance of world trade through the liberalization of markets and to build the process of liberalization on solid foundations. To achieve this, the guiding principles are the following: Trade must take place without discrimination: This implies that all member countries carry out their exchanges on an equal basis and share the benefits achieved from any measure aimed at removing barriers to trade. Protective measures must be transparent: The services agreement requires that barriers to market access or discriminatory restrictions to operations on overseas markets be clearly identified and listed. A solid foundation for liberalizing trade: This is ensured as countries make schedules of commitments - service by service - by which they undertake to respect the negotiated reduced levels of protection. The global free trade logic is to favor free circulation of people, goods and services in a general environment of deregulation. The WTo rules which apply to member countries have a direct influence on the professional practice of architecture. Article VI 4 of the GATS agreement reads that: Theruleswhichaimatestablishingfreecirculationshallensurethatnationalprotectivesteps:Aretransparentand basedonobjectivecriteriasuchasprofessionalcompetenceandskills;Arenotmoreburdensomethannecessaryto ensurethequalityofservice;andLicensingprocedures,ifany,donotrestrictserviceprovision. The interests of three groups are served by the establishment of professional bodies:
. Damages
Jurisdictions should have the authority to order a person who has knowingly infringed copyright to pay adequate compensation to the copyright holder
A. Consumer
It is necessary to guarantee not only the quality of service to the consumer, respecting competition and performance rules, but also the free circulation of professionals without any improper discrimination. Therefore, it is also necessary to define the structure of bodies which represent the profession of architecture, guaranteeing their capacity to protect the consumer and the society.
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The notion of consumer service refers to a concept which is internationally shared, implying both market competition and the guarantee of objective or certified quality standards. This consumer oriented logic prevails over notions of public interest, and presents a case for doing away with laws and regulations which are seen as providing corporate protection and monopoly of privileged practice in favor of systems of professional selfregulation and common law consumer protection.
B. The Public
Increasing numbers of countries are adopting public architecture policies. They are becoming increasingly aware that architecture is in the public interest. It contributes to the welfare of individuals and of society, whether in the social or cultural fields, respect for the environment and heritage. more recently the taking into account of the concept of sustainable development has a real impact on the living environment. This characteristic of architecture, of environment, of landscape and living environment, as an expression of culture, implies a special relationship between the professionals who practice it - the architects - and society. Society includes the State and public authorities, who have expectations with regard to the built environment, as well as the citizens, as users of consumers of architecture. As in many countries, it is thus useful and necessary for the profession to be organized in such a way as to meet the expectations of society and of the citizens. This requires the setting up, or reinforcement where they exist, of professional bodies focused on architecture but are entrusted with the protection of the public.
Public Interest o influence the quality of the built environment by defining quality standards and references, to participate T n the implementation of public policies in the field of architecture. i o promote and facilitate the acquisition of architectural knowledge by competent authorities, as well as by T he public and other professionals, to enhance their ability to assess architecture. t o set up a high authority in architecture at cultural and legal levels. T o guarantee the durability of the function of the architect in its cultural and social dimensions. T o promote research and development of architecture with regard to sustainable development and the T ecessary improvement of living standards. n o promote the awareness of architecture T o promote architectural and urban quality by any means and actions. T Professional Interest - Interests of Architects hile respecting their different forms of practice, to gather together architects, and to organize their W epresentation at local, national and international levels. r o develop the architects fields of intervention on the basis of their specific profile and skills. T o provide the service and assistance expected by architects in social, professional, legal and cultural areas, T n order to improve and guarantee the quality of services supplied by architects. i o promote collaboration and networking with other partners of the living environment such as clients, T own-planners, contractors, engineers, etc. with a view to improving the quality of the built environment. t o guarantee architects intellectual property and respect of their copyrights. T
C. The Profession
It is important for architects to be able to recognize each other and belong to a body which has established the same membership rules, whatever their form of professional practice. It is of course in the interest of architects to meet colleagues with the same training, the same or equivalent degree/diploma/certificate, who respect the same ethics and who have identical or comparable forms of practice. If those bodies are to function, they must also be of interest to architects. The professional body shall also be a place of identity and gathering for professionals practicing architecture This guideline aims at defining the raison detre, the function and role of those professional bodies.
2.2. Roles
Some Models of Architectural Professional Bodies While there are differing models of professional bodies, there is an existing common form for the two main types, the professional body and the registration body. Their primary roles are illustrated as follows: The Professional Body Status: Self-regulating or established by Charter. Mission: Advancing architecture, promoting/facilitating the acquisition of knowledge. Main Responsibilities: Communications/promotion (public, government, clients, members, international nd ultural programs, awards and exhibitions). Education* (influencing standards through the architectural a c urriculum). Practice (influencing standards by helping practitioners, e.g. providing model appointment c ocuments, contracts, etc.). d Justification: Better architects = better architecture. IntheAnglo-Saxoncountriesthisisoftencarriedoutbytheprofessionalinstituteandtheregistrationbody, * rIndependentlybyanorganizationmadeupofthetwo.Inthecodifiedcountries,thistaskisthe o esponsibilityofoneorotherofthegovernmentdepartments. r The registration/licensing body Status: Established by statute (law/decree, etc.). Mission: Protecting the public. Main Responsibilities: aintaining registration of qualified architects. m iscipline. D ode of conduct. C ustification: Consumer protection. J rom the scope of competence and responsibilities, one can establish the minimum F ole of these professional bodies: r The training and the competence of architects with a view to guaranteeing consumer protection: articipate in the elaboration of the content of the initial training. P egulate the title of architect and maintain a register of qualified architects. R etermine the content of professional training. D rant and monitor licenses to practice where appropriate. G nvolved in the accreditation of architectural courses, qualifications and professional certificates. I evelop a Code of Conduct, monitor its implementation and exercise the disciplinary function D ssociated with it. a
2. Proposals
The idea is to provide key words for the organization and scope of competence of professional bodies. Although they play a major social and cultural role, and their action and contribution are indispensable, this guideline does not address independent trade associations or unions whose vocation and role is to defend the material interests of voluntary members. The professional bodies should therefore cover three main functions: onsumer interest, C ublic interest, and P rofessional interest - interests of architects. P
2.1. Functions
Consumer Interest o protect the public/consumer society/the users - by monitoring the skills, code of conduct and ethics. T o enable and respect free circulation of architects in all countries in order to promote excha nges between T rchitects and improve the living environment. a o guarantee free and healthy competition, based on principles of transparency and fairness. T o contribute to, guide and guarantee the content of initial training in architecture and to monitor its T ontinuous updating. c o define the content of initial and professional training and of qualifications procedures and criteria. T o contribute to improving the knowledge and skills of architects by organizing continuing professional T evelopment. d o draw up a code of ethics and of conduct and to monitor their implementation. T o establish a set of disciplinary sanctions in the event of professionals not respecting the rules established T n the interest of the consumer. i o publish guide documents on topics such as fee-scales (where legally authorized) appointment of the T rchitect, documents for professional practice, and environmental matters. a
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m anage relations between professional and academic circles including the organization of practical t raining periods. I nvolved in the organization and monitoring of continuing professional development. m onitor the forms of professional practice. P rovide different forms of dispute resolution. o rganize architectural competitions and monitor their implementation. P articipate in drafting improved architectural standards. E stablish a learned society - concerned with cultural, economic and legal issues - that allows for the a cquisition and improvement of knowledge in the field of architecture. R epresent the professional before public authorities and international organizations. o rganize, or participate in, relations with professional partners such as clients, engineers, town- p lanners, contractors, etc. P romote UIA International Standards. C ontribute to the promotion of the art and science of architecture. C ontribute to the promotion of a sustainable environment, (e.g. exhibitions, seminars, conferences a nd taking part in the publication of architectural works.) P articipate in and promote development programs/projects in the field of architecture. P romote, follow, and monitor the development of legislation and regulations that impact on the p rofessional exercise and the built environment. P romote and advertise the architectural profession and its representative organizations in the media. C ollect members dues and maintain supplementary income through publications, fees, provision of s ervices, counseling, etc.
Disciplinary Body
To avoid the public thinking that disciplinary bodies are partisan in preserving the interests of architects, disciplinary sanctions should be managed by a separate commission made up of architects and judges or possibly by civil courts.
4. Conclusions
on the basis of these different principles, it is possible to consider several types of bodies: elf-regulating professional bodies with voluntary membership, which choose their mission and role. They are S rganized by a Charter drawn up with the authorities who confer the necessary power to carry out its o esponsibilities. In this case it is often necessary to establish other bodies with compulsory registration with r omplementary but limited responsibilities. c egistration bodies, such as chambers, orders, or colleges of architects with compulsory registration, R nvested by the public authorities with the necessary authority to organize the role and functions of architects i efined by law. In this case, it shall be necessary to set up other independent bodies to defend the material d nterests of their voluntary members (unions). i ublic administrative bodies (statutory bodies) in charge of controlling, regulating and checking the P mplementation of the law. i
The professional interest t local, regional and national levels organize meetings and exchange views between architects A hrough symposia, conventions, conferences and seminars. t romote communication between architects by utilizing web sites, E-mail directories, information P ulletins, magazines, libraries, etc. b nalyze and disseminate the development of the conditions for the employment of architects and A f their working conditions. o ring legal and advisory assistance to architects. B epresent the profession via-a-vis public authorities and consumer associations. R
5. Appendix
Analysis of different types of professional bodies
The following descriptions are theoretical. In most cases, according to the national cultural environment, architects fulfill various functions which may feature in more than one of these classifications. There is actually no one reference model. Various functions can be grouped together in the creation of new professional bodies or in order to help existing organizations improve their services to architects and to the public. Different types of organizations or professional bodies may be identified and classified according to their functions, objectives, and their independence or control in the following non-exhaustive manner: A. Self-regulatory Professional Bodies T hese are architects organizations most commonly found in Anglo-Saxon countries and in countries s trongly influenced by this culture. The architects who set up these professional bodies often did so t o meet the need to organize their profession in countries where the State allows professions a significant d egree of self determination. These professional bodies are often very old and have acquired considerable a uthority because of their extensive social scope, the quality of their organization, and the criteria use for t he selection of members. In many cases there is only on body per country. The State may delegate to it t he control of the regulatory framework of professional practice, in particular as to the protection of the t itle of architect. Their statutes impose a strict code of conduct on members in order to guarantee to the p ublic a level of qualification, competence and probity that is necessary for this function. They are often c enters of architectural knowledge or learned societies, i.e. reference institutions. They serve as guardians o f the culture of architecture, maintain a quality library, monitor education and practical training, o rganize training and continuing professional development, and facilitate cultural development through c onferences, seminars, publication of reference documents and initiate architectural research. Their main c haracteristic is that they freely determine their Statutes and are independent of the regulatory authorities. T heir membership is subjected to strict rules both from the point of view of qualifications, license to practice, p rofessional references, and even sponsorship. B. Associations , Colleges or Chambers A ssociations of architects - sometimes known as colleges or chambers - are often private bodies set up by he State through an act or a regulation. Such acts or regulations define their object, role, statutes, t o rganization, membership criteria, relationship with the State and their financial regime. They are commonly f ound in Latin or Germanic countries. Their main objective is the protection of the title of architect. Their role i s to protect the public by having architects abide by the rules defined by the State. Generally, they guarantee t he architects qualification, are responsible for conduct and discipline, frequently set down by public law, and a re the official partners of the State. most often they also protect professional practice and sometimes contribute t o continuing professional development of architects and take part in the promotion of architecture. They are
Democratic Representation
The professional body usually drafts articles, rules, and bylaws which ensure good representation of the architects profession by region, by forms of practice or professional status. It may include in its governing board representatives of public authorities, consumers and professional partners. The articles, rules, and bylaws could be confirmed by an act, decrees or by a charter drawn up jointly with the authorities.
enerally democratically constituted. Their main characteristic is that they originate from the public interest and g re subjected to strict legal rules. membership is compulsory for those wishing to use the title and, depending a n he national legislation, to practice. o t C. Independent Associations n all countries architects gather together to organize and promote their common interest. The vocation of these I odies may be related to the cultural, professional and even humanitarian aspects of the practice of architecture. b n most case their resources are raised from contributions. Their main characteristic is that membership is I bviously not compulsory and they are only regulated by rules they have freely decided upon in conformity with o ational laws governing associations. n D. Unions or Trade Associations riginally, according to the country, the role of architects unions or trade associations was to defend the o nterests of their members. membership is voluntary and often entails dedication and militancy. They are the i bvious negotiators with the public authorities for everything related to professional practice. Frequently they o ave extended their area of competence to cover the training of architects, the promotion of architecture, the h evelopment of techniques and services for their members. Their main characteristic is that membership is d oluntary and they defend the professional interests of architects. v E. Other Organizations here are also other organizations of architects which may bring members together for wider cultural, T umanitarian prospects, particularly at the international level. Examples at the international level are h he nternational Union of Architects (UIA) and the Commonwealth Association of Architects (CAA). t I xamples at the regional level would include the Architects Council of Europe (ACE), the Architects E ouncil of Asia (ARCASIA), Architects Council of Central and Eastern Europe (ACCEE), the Pan-American C ederationof Architects Associations (FPAA), the Union of African Architects (UAA), and Union of F mediterranean Architects (UmAR). F. Mixed Structures n certain fields such as education, mixed structures have been established which bring together architects I ssociations, professional bodies and public authorities in order to monitor or accredit schools of architecture. a xamples would include the Joint Validation Panel (Royal Institute of British Architects and Architectural E egistration Board) in the United Kingdom and the National Architectural Accrediting Board (American Institute R f Architects, Association of Collegiate Schools of Architecture and the National Council of Architectural o egistration Boards) in the United States of America. R
Accord Policy
Architectsshouldmaintainhighstandardsofprofessionalismandserviceunderallformsofbuildingprojectdelivery systems.
1. Definitions
The following definitions have been adopted for the purpose of these Guidelines; Building project delivery systems: The contractual relationships between building owners and the other parties involved in the design, documentation and construction buildings. Project client: The party for whom the building is designed and constructed. Architects client: The party that commissions the architect. Novation: An arrangement under which the rights and obligations of a party to a contract is transferred to a third party. Professional adviser: The party appointed by the building owner undertaking a multi-party or alliance building delivery system. In the case of building projects normally an architect with specialist skills in building or project procurement systems.
2. Introduction
The education and training of architects has, until recently, been oriented towards the traditional relationship between architect, project client and builder, and the lump sum contract. That is, the project client directly commissions and briefs the architect; the architect prepares contract documents; the builder prices and builds from the contract documents. During construction the architect acts as the project clients agent and as certifier of quality etc. However, this traditional method has regularly been challenged, rightly or wrongly, and when other methods are used the role of the architect may change. Alternative building project delivery systems have evolved, which can, in some cases have advantages over traditional methods, and architects are likely to encounter the situation in which: he clients requests, or the architect perceives the need for, an alternative method in order to fulfill particular T equirements of the project; r he architect is offered a commission within the framework of an alternative method (i.e. with a different T elationship between architect, project client and builder). r In order to maintain an effective professional role, the architect must: n the first case, be able to clearly advise the clients of the advantages and disadvantages of each of the I lternatives; a n the second, have a full understanding of the organizational structure of the delivery method, clearly defined I esponsibilities and a full understanding of the lines of communication; and r n all cases the architect should assess the risks associated with the alternative method in relation to the I ommercial position of the practice and the architects role as a professional adviser with expertise in building c esign. d
c) uring construction is there a degree of independence of the design team during the building process? ( D ( d) ommunication are there clear lines of communication and does the architect have the capacity to deal C irectly with the project client? d ( e) iability is responsibility and liability clearly defined? L
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5. Conclusion
Architects should be able to operate within a variety of client, architect, management and builder relationships in an effective and professional way, as alternative methods of project design and delivery become established within the building and construction industry. It should be understood however, that some project and building delivery methods constrain the ability of architects to impartially apply their professional knowledge and skill. Under these contractual arrangements architects are prevented from acting as independent agents and advisers protecting the interest of the project clients and building owners. Some building delivery systems also make it difficult for architects to fulfill their professional and ethical obligations to consumers and the general public. Therefore, in the public interest, these constraints must be recognized and understood by those that use the services of architects, the communities they serve and the governments that regulate the markets within which architectural services are provided.
. Appendices
A Checklist for architects giving advice B Checklist for architects considering their own involvement in non-traditional methods C Responsibilities of the parties D Further reading
Appendix B
Checklist for architects considering their own involvement in non-traditional methods 1. ho will be the client? W 2. hat will the relationship be with the user? W 3. hat will the relationship be with the other consultants? W 4. ho will be the prime consultant? W 5. hat is the extent of legal liability? W 6. oes the professional indemnity insurance cover the extent of liability? D 7. ill the architect be able to impartially apply their professional knowledge and skill, and fulfill their professional as W well as ethical obligations to the society, 8. ho will be responsible for setting and controlling the budget? W 9. hat are the terms of engagement? W 10. re the design team members to be novated to another party and if so how will this affect their interests and their A liability? 11. hat is the fee? W 12. ill there be a head contract, a builder and sub-contractors? W 13. ho will certify payments for building work? W 14. ho will inspect the building work for conformity with design? W 15. ho will inspect the work for certification? W
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16. hat are the arrangements for agreeing to and carrying out changes to design? W 17. ow will disputes be resolved? H 18. hould there be any limitations to the architects contractual liability? S 19. ill the certifier be able to act impartially? W 20. ho will instruct the persons performing the building work? W 21. re there any special program requirements? A 22. re the program requirements realistic? A 23. ho will authorize extensions of time? W 24. hich form of contract will be used for the works? W
Appendix D
Further reading 1 2 3 4 W hichContract? C hoosingtheAppropriateBuildingContract - Cox and Clamp P ublished by RIBA Enterprises Ltd ISBN 1 85946 042 9 1 -3 Dufferin Street, London EC1Y 8NA United Kingdom H andbookonProjectDelivery P ublished by American Institute of Architects California Council 1 303 J Street, Suite 200, Sacramento, CA 95814 U.S.A. AGuidetoIntegratedProjectProcurement P ublished by RAIA Practice Services 4 1 Exhibition Street, melbourne, Victoria 3000, Australia G uidetoProjectTeamPartnering P ublished by the Construction Industry Council, ISBN 1898671 2 4, United Kingdom, Tel. 00 44 20 7637 86 92
Appendix C
Responsibilities of the parties
Building Delivery Method Traditional Project client Architect Architect, Subconsultants Brief and Research Schematic Design Estimate and Cost Plan Architect, SubConsultants, Quantity Surveyor Two stage tendering Project client, Architect Architect, Subconsultants Architect, SubConsultants, Quantity Surveyor Architect, Subconsultants, Builder, Subcontractors, Quantity Surveyor Construction management Project Client Architect Architect, Subconsultants Architect, SubConsultants, Quantity Surveyor Architect, Subconsultants, Builder, Subcontractors, Quantity Surveyor Design & Construct D&C manager (Project Client) D&C manager (Architect Subconsultants) multi-Party contracts Project client and Project Advisor Project Team led by Architect Project Team led by Quantity Surveyor Project management Project client with Project manager Architect Project manager Architect Architect Builder Builder Architect Sub consultants Project manager D&C manager D&C manager (Architect Subconsultants) Project Team led by Architect Project Team led by Architect Project Team led by Builder Project Team led by Architect Project Team led by Architect D&C manager D&C (Architect Subconsultants) manager D&C manager D&C manager Architect, Sub consultants, Subcontractors (shop drawings) Construction management Construction manager, Architect, Subconsultants Construction manager, Quantity Surveyor Design Development Architect, Subconsultants Architect, SubConsultants, Quantity Surveyor Architect, Subconsultants, Quantity Surveyor Builder Builder, Architect, Subconsultants Architect, Quantity Surveyor Builder Builder, Architect, Subconsultants Documentation Construction Management Inspection of Work Certification of Payment Architect, Quantity Surveyor
NoTE: Brackets indicate that the activity is undertaken by the group outside the brackets, who controls the input of those within the brackets.
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oTHER DoCUmENTS
The Commission has developed and the UIA Council has approved the following documents which can be found at the Commissions web site, www.aia.org/about_uia. Recommendation on mutual Recognition Agreements Use of the UIA Accord with National Governments and Relevant Authorities Professional Practice Information Notes Note 1 Computer Practice Note 2 Building Codes and Standards
REFERENCE LIST
PROFESSIONAL PRACTICE COMMISSION Co-Directors 14-200
The Architectural Society of China Zhang Qinnan 1994-1999 Xu Anzhi 1999-2005 Zhuang Weimin 2005The American Institute of Architects James A. Scheeler 1994-2002 Russell V. Keune 2003-
GUIDELINE DOCUMENTS
Thirteen guideline documents supporting policies contained in the UIA Accord have been produced by the Commission and approved by the UIA Council.
Guidelines on Accreditation/Validation/Recognition
Drafting Panel Chair: Tillman Prinz, Germany. Recommended by the Commission December 1998, Washington, DC. Adopted June, 1999 by UIA Council. Beijing, China.
Guidelines on Registration/Licensing/Certification
Drafting Panel Chair: James Scheeler, United States of America. Recommended by the Commission, December 1998, Washington, DC. Adopted June 1999 by the UIA Council, Beijing, China.
Guidelines on Procurement
Drafting Panel Co-Chairs: michael Peck, Australia and John Wright, United Kingdom. Recommended by Commission, December 1998, Washington, DC. Adopted June 1999 by UIA Council, Beijing, China.
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Supervision of the publication Jordi Farrando, UIA Secretary General Russell Keune, UIA Professional Practice Commission Co-Director
With the assistance of Catherine Hayward & Paula Liberato, UIA General Secretariat Ellen Delage, Director, International Relations, AIA Anne Hinterlong Dow, manager, Print and mail Services, AIA Fernando Porcel, CoAC International Relations
Cover photo Architect: Saucier + Perrotte architectes Photographer: marc Cramer Project: The Perimeter Institute for Theoretical Physics Photo courtesy of the Royal Architectural Institute of Canada
The publication of this document was supported by The American Institute of Architects.
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UIA General Secretariat 51, rue Raynouard 75016 Paris, France Tel. (33.1) 45 24 36 88 Fax (33.1) 45 24 02 78 uia@uia-architectes.org www.uia-architectes.org