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On

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 A client’s guide to engaging an architect
Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

If you need to know about engaging the services of an architect, this

RIBA guide is for you. Straightforward and completely up to date,
A client’s guide to
it sets out everything that you as a client – whether for domestic,
commercial, small or large projects – needs to be aware of.
engaging an architect
As well as explaining the considerable added value that the right
architect can bring to the success of your project, the guide talks
you through the formal appointment mechanisms that architects as
professionals will expect to transact with you. General background
information outlining the importance of the brief and project
management is supported by an explanation of the industry-
standard ‘RIBA Plan of Work 2013’. Importantly, the various options
for calculating fees are described. Finally, the guide briefly introduces
you to other major legislation affecting your project.

Aimed at all construction clients – especially those who have never

carried out this role before – this guide offers a quick and easy
overview of the value, mechanisms and context of appointing your
architect.

ribabookshops.com

Royal Institute of British Architects

Front cover: Bogbain Mill, Lochussie – RIBA Award Winner 2012. © Andrew Lee / Rural Design

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 A client’s guide
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to engaging an
architect
May 2013 Revision

Royal Institute of British Architects

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 Contents

RIBA Chartered Architects 3

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Added value 5
The architect’s contribution to your project extends far beyond
form and aesthetics. It can influence the perception, performance
and value

Appointing your architect 8

The RIBA publishes a range of flexible Appointment Agreements
suitable for use with projects of any size and complexity

Developing the brief 11

The basis for turning your aspirations into a deliverable project

Project leadership 13
Whether it is just you with an architect and a builder or a
multidisciplinary team with architects, engineers, surveyors,
contractors and sub-contractors

The RIBA Plan of Work 2013 16

Organises the process of designing, constructing, maintaining and
operating building projects into a number of key stages

Fee options 18
The fee is a matter for negotiation: there is no ‘standard’ or
‘recommended’ basis for calculation

Legislation 23
The law relating to construction work, such as building regulations,
planning, the terms of construction contracts, etc.

Other RIBA Client Guides 29

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 RIBA Chartered Architects

RIBA chartered architects

Architects Act 1997

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In the UK a person cannot practise or carry on a business under any name,

style or title containing the word ‘architect’ unless he or she is registered with
the Architects Registration Board (ARB). The list of ARB registered architects
can be checked on the ARB website (www.arb.org.uk).

The Architects Registration Board (ARB) Architects Code: Standards of

Conduct and Practice came into effect on 1 January 2010.

The code is intended as guidance for architects in their professional lives, and
the ARB can take action against those who fall short of the code’s standards.
By doing so, the integrity of the profession is maintained, and members
of the public can be confident that in hiring an architect for their building
project, they are securing the services of a genuine professional.

For more information about the ARB Code of Conduct and professional
standards, visit the ARB website.

Royal Institute of British Architects

Founded in 1834, and awarded its Royal Charter in 1837, the Royal Institute
of British Architects (RIBA) is the UK charter body for architecture. The RIBA
champions better buildings, communities and the environment through
architecture and its members.

The RIBA also maintains a code of conduct and expects its members to
work with integrity and honesty. In turn, architects will expect their clients
to be honest with them and provide accurate information relating to the
circumstances of their project (regarding ownership rights and boundaries,
for example).

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 A client’s guide to engaging an architect

For further information:

 visit the RIBA website: www.architecture.com and select ‘Find an

architect’ for directories of all chartered members of the RIBA and RIBA
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Chartered Practices; or

 visit www.ribafind.org; or

 call RIBA Client Services on 020 7307 3700.

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 Added value

Added value

This guide is designed to show how an architect can bring benefits to your
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project, and pave the way for its successful delivery. It gives an introduction to
the services that an architect may provide and to the terms of an
architect–client agreement

An RIBA Chartered Architect will supply you with much more than just the
drawings for your project, whether it is a design for your home or your
business or a master plan for future developments.

You and your team will be fully involved in creating a tailored solution for your
requirements. An architect has the experience to see your project safely through
design, planning and building regulations, and construction to completion.

A sound working relationship between you and your architect will contribute
significantly to the success of a project. Time spent in preliminary discussion
about the requirements, the timetable, the budget, and the nature and cost of
professional resources required and their cost, is time well spent.

Your architect can provide a range of services. For a building project, these
include:

 investigating the feasibility of the requirements

 developing design proposals

 applying for statutory approvals

 preparing construction information

 obtaining tenders for building work

 administering a building contract.

An architect works with a broad palette of skills and can provide or arrange
other services connected with the project such as interior design, landscaping
or making measured surveys of a site or building.

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 A client’s guide to engaging an architect

Your architect’s skills are not only relevant to a building project but may be
applied to related issues, including such diverse matters as strategic planning
for a property development company and the design or selection of furniture
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and fittings.

RIBA Chartered Architect

Architects practising in the UK who are registered with the ARB and are
also Chartered Members of the RIBA are entitled to describe themselves as
‘Chartered Architects’ and to use the suffix RIBA after their name. A directory
of all Chartered Members of the RIBA is provided on the RIBA website
(www.architecture.com).

Appointing a RIBA Chartered Architect for your project provides you with
assurance that your architect:

 has satisfied the stringent standards of educational qualifications and

practice experience required for Chartered Membership of the RIBA

 is committed to the shared professional and learned values of the RIBA

 maintains his or her professional standards in practice through

compliance with the RIBA’s mandatory requirements for continuing
professional development (CPD)

 has access to the extensive knowledge base of the RIBA.

RIBA Chartered Practice Scheme

The RIBA has developed a quality accreditation scheme for architectural

practices. All accredited RIBA Chartered Practices must have:

 appropriate professional indemnity insurance

 a minimum ratio of RIBA Chartered Architects on their staff

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 Added value

 a quality management system

 a health and safety policy

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 an employment policy

 CPD for all their staff

 an environmental management policy

 completed annual RIBA Business Benchmarking.

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 A client’s guide to engaging an architect

Appointing your architect

A member of the RIBA is required by the Code of Professional Conduct to

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record the terms of any appointment before undertaking any work, and to
have the necessary competence and resources.

It is in the interests of both parties to understand their agreement, which

should define and record the services to be provided and identify associated
terms and conditions.

The RIBA publishes a range of flexible Appointment Agreements suitable for

use with projects of any size and complexity:

 Standard Agreement
 Concise Agreement
 Domestic Project Agreement.

The conditions are not lengthy and will repay careful reading. They define the
obligations of each party, briefly described opposite, and make provisions for
assignment, fees, payments, copyright, liability, suspension, and termination
and dispute resolution.

RIBA Agreements are available in consultant versions, so that all your

consulting team can be on compatible terms concurrent with your architect’s
appointment.

An agreement will comprise the conditions, schedules of services and formal

confirmation of the contract in a memorandum of agreement or letter of
appointment.

For very small projects the agreement may be set out in a self-contained letter
of appointment.

Generally your architect will retain copyright in the information produced for
your project in accordance with the law. However, you are given a conditional
licence to copy and use the information for your project.

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 Appointing your architect

Your architect is required to maintain professional indemnity insurance in

respect of his or her liability to you. The amount of the insurance cover and
period of liability to be available for the project are agreed and specified in
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the agreement.

Should a dispute or difference arise between you and your architect that
cannot be resolved by negotiation, it might be resolved by involving a third
party through mediation under a rapid adjudication procedure, by arbitration
in a private process or in the courts.

Your architect undertakes to:

n use reasonable skill and care in performing the services in conformity
with the normal standards of the architect’s profession

n keep the client informed of progress and on issues affecting time, cost
or quality

n co-operate with any other appointed designers and/or the

co-ordinator appointed under the Construction (Design and
Management) Regulations (the CDM co-ordinator)

n obtain appropriate professional indemnity insurance cover

n only make material alteration to the services or the approved design

with the client’s prior approval.

You undertake to:

n advise on the relative priorities of your requirements and to provide
necessary and accurate information

n appoint other consultants and specialists required under separate

agreements

n comply with the CDM Regulations where applicable (see page 25)

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 A client’s guide to engaging an architect

n take decisions and respond promptly to approvals sought by your

architect

n pay the fees, expenses and disbursements due and value-added tax
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where applicable

n employ a building contractor under a separate contract if proceeding

with construction work.

The European Services Directive

A key part of the European Services Directive that was brought into UK
law in December 2009 relates to improving consumer confidence when
conducting business anywhere in the EU. It achieves this by setting some
basic requirements – ensuring consumers have access to a minimum amount
of information and to a complaints procedure, no matter where in the EU a
business is based. Certain information must be made available, including the
following:

n the name, legal status and form, and address of the business;

n if registered in a trade or other similar public register, the register’s

name and the registration number;

n if carrying on a regulated profession, any professional body or similar

institution with which the business is registered, the professional title
and the EEA country in which that title was granted;

n if required to hold professional liability insurance or a guarantee,

information about the cover and contact details of the insurer and
territorial coverage.

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 Developing the brief

Developing The Brief

The brief will provide the basis for turning your aspirations into a deliverable
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project and give direction to the architect’s services. Time spent in elucidating
the requirements is well worth the effort. The brief will normally be developed
in three phases.

In the preliminary RIBA Stage 0 (Strategic Definition), the initial project

requirements and programme are established. As appropriate, preliminary
studies may be undertaken, ranging from a simple sketch design solution to a
full business case with option appraisals of alternative sites and development
plans, to enable you to decide how best to proceed and to develop the
overall Strategic Brief.

You will need to consider the following:

n The functions of the finished project. Who will use it, and for what?
Have you visualised how these activities will be accommodated in
the new space(s)? What are your core operations? Are there any
constraints?

n Your motivations and expectations. What do you hope to achieve by

this project, in the short and long term, for yourself and others?

n A design direction. Contrasting or in keeping with existing buildings?

Contemporary or traditional? Are there certain materials, fixtures or
finishes that you favour?

n Sustainability aspirations. What are your relative priorities in terms of

the environmental sustainability of the project? Are there any specific
sustainability performance measures which you wish to apply?

n Information requirements. What information will you require at

the end of each RIBA stage in order to make decisions and issue
instructions? Do you require such information in specific formats, such

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 A client’s guide to engaging an architect

as spreadsheets, reports, computer aided design (CAD) files, Building

Information Modelling (BIM) files?

n Authority for decision-making. Who will sign off decisions about design,
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about costs and about day-to-day matters on site?

n Timetables and budgets. When should key RIBA stages be completed,

how much should they cost and how will they be financed?

At RIBA Stage 1 (Preparation and Brief) the Strategic Brief is further

developed by you and your architect into the Initial Project Brief to provide
sufficient information for feasibility studies and the design process to begin.
The Initial Project Brief should confirm the main project objectives, including
quality requirements and project outcomes, and set out the project budget
and other constraints. It will identify any client procedures and processes
to be followed and the requirements for any other professional skills and
appointments, such as those of structural engineers and cost consultants. The
Initial Project Brief explains in clear terms what is expected of the project and
how it will be implemented.

For smaller and simpler projects the two initial RIBA stages may be combined
into one single activity phase.

In RIBA Stage 2 (Concept Design) the requirements for such matters as

operational use, quality, environmental sustainability, cost, programme
and procurement are tested and confirmed through the preparation of the
Concept Design. In parallel, the Initial Project Brief is developed to produce
the Final Project Brief.

Details of all the RIBA stages (0–7) in the RIBA Plan of Work are shown on
pages 16–17 and further information can be found at www.ribaplanofwork.com.

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 Project leadership

Project LEADERSHIP

Factors for success

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The RIBA publishes guidance for clients on the commissioning of buildings to

achieve effective outcomes and best value – Client Conversations: Insights into
successful project outcomes. This guide features a number of case studies,
and shares advice from clients on approaches that have resulted in successful
projects. It can be downloaded free of charge from www.architecture.com.

The Strategic Brief established at RIBA Stage 0 (Strategic Definition) will

have defined the key features of the project and the required overall project
outcomes, but for successful delivery the project will continue to need your
leadership and adequate resources of time and money.

For complex projects you may find it helpful to establish a small project
team of stakeholders to share decision-making and review responsibilities.
The group should be led by one person with authority to act as your
representative and be the point of contact with the architect and the
construction team.

The project team could contribute to such matters as:

n the management structure for effective performance of the team,

including the architect

n change control procedures for programme and cost matters

n risk management

n budgeting and fundraising

n cost control

n selection of the professional appointees including those offering legal,

insurance and financial services

n signing off of all key stages.

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 A client’s guide to engaging an architect

Teamworking

By the end of RIBA Stage 1 (Preparation and Brief) you will have made
the essential appointments for the design phase of the project, whether
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the team will eventually be just you with the architect and a builder, or a
multidisciplinary team with architects, engineers, surveyors, contractors and
sub-contractors. You will also have made decisions about the procurement
approach to be adopted, traditional or design and build, and the stage at
which you wish to appoint the builder.

To achieve a successful and safe outcome the team should:

n be encouraged to work together in each successive stage

n adopt integrated processes

n work from the same information base, which must be kept up to date

n have sufficient resources, particularly money and time

n discuss and agree the appropriate method for the procurement of

construction and the project programme, to enable design work to be
co-ordinated at the end of RIBA Stage 3 (Developed Design)

n co-ordinate services with contractual obligations.

RIBA Agreements for an architect or other consultants may be used to appoint

all construction professionals in your team.

Except for work to your home or a very small project, you and your
appointees will be duty holders under the CDM Regulations 2007, which
are concerned with health and safety; see page 25. Under the regulations,
potential appointees do not accept an appointment unless competent to
perform their duties.

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 Project leadership

Architect’s services

In addition to the role as the designer of your project, the architect could
be invited to your project team and could also provide complementary
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management services such as those of:

n project lead, who facilitates the appointment of the design team

and manages the project to meet programme, cost and quality
requirements;

n lead designer, who co-ordinates the design by consultants, specialists

and suppliers, and communicates with you on significant design issues;

n contract administrator or employer’s agent, who invites and appraises

tenders, administers the building contract, reports on progress and
certifies payments due.

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 A client’s guide to engaging an architect

The RIBA Plan of Work 2013

The RIBA Plan of Work 2013 organises the process of designing,

constructing, maintaining and operating building projects into a number of
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key stages (0–7). The sequence or content of RIBA Stages may vary or they
may overlap to suit the procurement method, the project programme and the
client’s approach to risk and risk management.

The RIBA Plan of Work 2013 organises the process of briefin

into a number of key stages. The content of stages may vary
should be used solely as guidance for the preparation of deta

0 1 2 3
Stages

Strategic Preparation Concept Developed

Definition and Brief Design Design
Tasks
Identify client’s Business Develop Project Objectives, Prepare Concept Design, Prepare Developed Desig
Core Case and Strategic Brief including Quality Objectives including outline proposals including coordinated and
Objectives and other core project and Project Outcomes, for structural design, building updated proposals for
requirements. Sustainability Aspirations, services systems, outline structural design, building
Project Budget, other specifications and preliminary services systems, outline
parameters or constraints and Cost Information along with specifications, Cost
develop Initial Project Brief. relevant Project Strategies Information and Project
Undertake Feasibility Studies in accordance with Design Strategies in accordance
and review of Site Information. Programme. Agree Design Programme.
alterations to brief and issue
Final Project Brief.

Initial considerations for Prepare Project Roles Table The procurement strategy does not fundamen
Procurement assembling the project team. and Contractual Tree and of the design or the level of detail prepared at
*Variable task bar continue assembling the Information Exchanges will vary depending on
project team. route and Building Contract. A bespoke RIBA
out the specific tendering and procurement acti
stage in relation to the chosen proc

Establish Project Programme. Review Project Programme. Review Project Programme. The procurement ro
Programme stages overlapping
*Variable task bar 2013 will clar
the sp

(Town) Planning Pre-application discussions. Pre-application discussions. Planning applications are typically made us
A bespoke RIBA Plan of Work 2013 will ide
*Variable task bar application is to be ma

Strategic Brief. Initial Project Brief. Concept Design including Developed Design, inclu
Information outline structural and building the coordinated architectu
Exchanges services design, associated structural and building
(at stage completion) Project Strategies, services design and upda
preliminary Cost Information Cost Information.
and Final Project Brief.

*Variable task bar – in creating a bespoke project or practice specific RIBA Plan of Work 2013 via www.ribaplanofwork.com a specific bar is selected from a number of options.

16

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 The RIBA Plan of Work 2013
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es the process of briefing, designing, constructing, maintaining, operating and using building projects
tent of stages may vary or overlap to suit specific project requirements. The RIBA Plan of Work 2013 www.ribaplanofwork.com
or the preparation of detailed professional services contracts and building contracts.

3 4 5 6 7

Developed Technical Handover

Design Design Construction and Close Out In Use

epare Developed Design, Prepare Technical Design Offsite manufacturing and Handover of building and Undertake In Use services
cluding coordinated and in accordance with Design onsite Construction in conclusion of Building in accordance with
dated proposals for Responsibility Matrix and accordance with Construction Contract. Schedule of Services.
uctural design, building Project Strategies to include Programme and resolution of
rvices systems, outline all architectural, structural and Design Queries from site as
ecifications, Cost building services information, they arise.
ormation and Project specialist subcontractor
rategies in accordance with design and specifications,
esign Programme. in accordance with Design
Programme.

egy does not fundamentally alter the progression Administration of Building Conclude administration of
vel of detail prepared at a given stage. However, Contract, including regular Building Contract.
s will vary depending on the selected procurement site inspections and review
tract. A bespoke RIBA Plan of Work 2013 will set of progress.
g and procurement activities that will occur at each
ation to the chosen procurement route.

The procurement route may dictate the Project Programme and may result in certain
stages overlapping or being undertaken concurrently. A bespoke RIBA Plan of Work
2013 will clarify the stage overlaps. The Project Programme will set out
the specific stage dates and detailed programme durations.

ns are typically made using the Stage 3 output.

an of Work 2013 will identify when the planning
application is to be made.

eveloped Design, including Completed Technical Design ‘As-constructed’ Updated ‘As-constructed’ ‘As-constructed’
e coordinated architectural, of the project. Information. Information. Information updated
uctural and building in response to ongoing
rvices design and updated client Feedback and
ost Information. maintenance or operational
developments.

er of options. © RIBA

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 A client’s guide to engaging an architect

Fee options

The fee is a matter for negotiation: there is no ‘standard’ or ‘recommended’

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basis for calculation. The fee will reflect the complexity of the project,
scope of services to be provided, applicable stages, procurement method,
construction cost and project programme.

In proposing a fee your architect will allow for the professional and financial
resources required for your specific project and for his or her conceptual skills
and specialist knowledge, on which the success of the project will be based.

Complex projects are likely to require the highest level of resources, but larger
projects may offer opportunities for efficiency savings.

When establishing the project budget, note that fees will be influenced by:

n the extent of the architect’s services and the type of procurement

n the size and complexity of the project and any project specific
requirements

n works to existing buildings (refurbishment and extensions), which are

likely to be significantly more resource intensive than new build

n repair and conservation of historic buildings, which is even more

complex than the above and for which the fee will be proportionately
higher

n repetition – that is, for example, a number of houses or warehouse/

industrial units to an identical design occurring on the same site,
in which case the fee may be adjusted to reflect the lower level of
resources required

n whether the design is to be repeated on other projects or sites –

where, for instance, a design for a house type is to be subsequently
repeated by a contractor, an additional fee may be payable.

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 Fee options

Your architect’s fees will be related to the professional resources needed to

deliver the required services at each of the stages.
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Options for fee structure

Fees may be:

n time charges

n fixed sums

n a percentage of the final construction cost

n charged on another agreed basis.

Additional fees may be charged if the architect is instructed to vary services

commenced or completed or to provide additional services during the
project, or where the architect is required to provide a new design after the
client has authorised him or her to develop an approved design. Fees may
also be subject to adjustment if the project is subject to delay, disruption or
prolongation for reasons beyond the architect’s reasonable control.

The fees for services at RIBA Stage 0 (Strategic Definition), additional services
such as party wall services, and post-contract services at RIBA Stage 7
(In Use), such as post-occupancy evaluation services and project performance
studies, will normally be on a time-charge basis.

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 A client’s guide to engaging an architect

Table 1  Relationship of resource requirements to building type

Architects’ resources
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Low Mid-range High

Offices Multi-storey and Banks Telecom/computer

underground car parks Office developments buildings
R&D laboratories
Radio, TV, recording
studios

Industrial Barns and sheds Purpose-built factories Food-processing units

Speculative and warehouses Breweries
warehouses Animal-breeding units High-risk processes
Transport garages

Retail Speculative retail Food retail Department stores

Non-food retail Shopping centres
Garages/showrooms

Community Community centres Civic centres

buildings Branch libraries Specialist libraries
Schools Universities
Ambulance and fire Churches and crematoria
stations Museums and art galleries
Police stations Courts
Prisons Theatres, opera houses,
Postal buildings concert halls and
Bus and railway stations cinemas
Airports

Medical Health centres Hospitals

Doctors’ surgeries Dental surgeries

Public Social housing Special-needs housing

Housing Sheltered housing Residential care homes
Housing for single
people

Private Apartment blocks Individual houses/flats

housing

Leisure Sports halls Leisure complexes

Squash courts Restaurants
Swimming pools Public houses
Hotels

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 Fee options

Value added
The fee can also be structured to take into account the value added by your
architect’s services (for example, the increased value of a site or building less
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the development costs, exceeding performance targets, and so on).

Expenses
In addition to the fee, expenses may also be chargeable for the cost of
copies of drawings and other documents, travel, accommodation, and so
on. Disbursements, such as the fees that must accompany applications for
building regulations or planning approval, will also be chargeable.

Payment

Fees will normally be invoiced in monthly instalments, based on the progress

of the project, for payment within 14 days.

Design and build

Fees for projects procured by the design-and-build method rather than the
traditional approach will reflect the extent of your architect’s services prior
to the appointment of the contractor, who completes the design and is
responsible for its construction.
If the contractor is engaged at the end of RIBA Stage 2 (Concept Design)
and the information provided to the contractor includes only the Final Project
Brief and the Concept Design, the contractor may provide all the design
services in RIBA Stages 3–5. Alternatively, if the contractor is appointed at
the end of RIBA Stage 3 (Developed Design) and the information includes
the Developed Design and the planning permission and supporting materials,
then the contractor will provide just the technical design services in RIBA
Stages 4 and 5.
The further the design is progressed the more risk can be removed from the
contractor’s proposals.

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In each case your architect’s fee may be reduced appropriately to reflect the
scope of service, and the contractor will include a charge for the design work
within the construction cost.
Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

On appointment of the contractor you may wish to retain your architect

to advise you on the design developed by the contractor’s team, or your
architect may agree to be novated to the contractor for completion of the
design. With a novation arrangement it is important to be aware that the
architect no longer works for you and must act on instructions received
through their new client, the contractor.

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 Legislation

Legislation

Your architect will advise you on the steps that must be taken to ensure
Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

compliance with the law relating to construction work, and the need where
necessary for specialist legal advice. Your architect can make submissions and
conduct negotiations with statutory bodies, but obviously cannot guarantee
outcomes beyond his or her control.

Statutory regulations also apply to the terms of construction contracts,

management of health and safety and the rights of ‘consumers’. Your
architect will explain the impact of these matters when developing the design
of the project, and the need for approvals from regulatory bodies. A breach
of such regulations is a punishable offence.

The following legislation, briefly described below, is applicable in England and

Wales:

n to all clients

–  Town and Country Planning Act 1990

–  The Building Act 1984 and The Building Regulations 2000

–  CDM Regulations 2007

–  Party Wall etc. Act 1996

–  Site Waste Management Plans Regulations 2008

n to business and commercial clients

–  Housing Grants, Construction and Regeneration Act 1996

–  Late Payment of Commercial Debts Regulations 2013

–  Equality Act 2010

n to domestic or consumer clients

–  The Unfair Terms in Consumer Contracts Regulations 1999.

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 A client’s guide to engaging an architect

Your architect will advise on relevant legislation in Scotland and Northern

Ireland.
Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

Town and Country Planning Act 1990

Application for planning permission

The purpose of the planning system is to regulate the use, siting and
appearance of buildings and to protect the environment and public amenity.

All developments require planning permission from the local planning

authority except for internal changes to your home and certain small
domestic extensions within strict criteria, which may be covered by ‘permitted
development rights’. Statements on design and access, flood risk, biodiversity
and geological conservation, and so on may be required with the application
together with the appropriate fee.

Internal or external alterations or extensions that would affect the character

of a listed building of historical or architectural interest require two separate
applications, one for listed building consent and one for planning permission.

The Building Act 1984 and The Building Regulations 2000

The Act and the regulations apply to England and Wales, and aim to secure
standards of health and safety for people in and around buildings, energy
conservation and the welfare and convenience of disabled people.

The regulations apply to all new building work and impose duties covering
design and construction of buildings, their services, fittings and equipment.

‘Approved documents’, which set out the requirements and give practical
and technical guidance on compliance with the regulations, cover structure;
fire safety; site preparation, contaminants and resistance to moisture; toxic
substances; sound transmission; ventilation; hygiene; drainage and waste
disposal; heating appliances; protection from falling; conservation of fuel and
power; access and facilities for disabled people; glazing; and electrical safety.

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 Legislation

The local authority must be given notice, accompanied by a fee, before work
commences. Building Control inspectors will make independent checks on
compliance and issue a final certificate on satisfactory completion.
Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

CDM Regulations 2007

The Construction (Design and Management) Regulations 2007 (CDM) relate to

the design, construction, use, maintenance, cleaning, repair and demolition of
buildings and structures. The regulations seek to eliminate potential hazards,
and to ensure that those that cannot be eliminated are minimised by careful
design and management.

The regulations impose statutory duties on designers and contractors on all

projects. They also impose statutory duties on clients (unless your project
relates to your home).

If your architect advises that your project is notifiable under the regulations,
you must appoint a CDM co-ordinator.

Designers, CDM co-ordinators and contractors must provide evidence of

competence so that you can make a judgement about how suitable they are
for the type of project and its risks.

Membership of a professional institution, for example the RIBA, is a strong

indicator of the necessary knowledge and an ability to recognise the health
and safety implications of the appointee’s work

Most designers, CDM co-ordinators and contractors will maintain a package

of information showing how their own policy, organisation and arrangements
demonstrate competence.

(See also A client’s guide to health and safety for a construction project,
which explains in greater detail the statutory duties; available from
www.ribabookshops.com.)

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 A client’s guide to engaging an architect

Party Wall etc. Act 1996

A notice must be served by or on behalf of the building owner, notifying the

owner and occupiers of the adjoining land, if:
Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

n a party wall is to be demolished, rebuilt, extended or repaired

n a new building is to be constructed near the boundary

n a new party fence is to be built

n a new wall is to be built up to the boundary line.

If the adjoining owner does not consent to the works, a dispute will arise. The
Act sets out a procedure for resolving any such disputes.

Site Waste Management Plans Regulations 2008

These regulations require that any person intending to carry out a

construction project with an estimated cost greater than £300,000 prepares
and maintains a waste-management plan.

Housing Grants, Construction and Regeneration Act 1996

This Act applies to most construction contracts that include client–architect

professional services agreements. However, the Act does not apply to a
contract with a ‘residential occupier’ that principally relates to operations on
a dwelling which one of the parties to the contract occupies or intends to
occupy, as his residence (S. 106).

Part 8 of the Local Democracy Economic Development and Construction Act

2009 introduced a series of changes to Part II of the Act. The changes apply
to construction contracts entered into on or after 1 October 2011 in England
and Wales and to construction contracts entered into on or after 1 November
2011 in Scotland.

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 Legislation

Key changes include the provisions that:

n a construction contract no longer needs to be in writing for the Act to

apply
Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

n a dispute arising from an oral contract can be referred to adjudication.

RIBA Standard and Concise Agreements include terms to comply with the
Act’s provisions, which primarily relate to payment procedures and resolution
of disputes by adjudication.

Late Payment of Commercial Debts Regulations 2013

The legislation entitles a business to claim from another business simple

interest for late payment and for reasonable debt-recovery costs. The
statutory rate is 8% over the official dealing rate of the Bank of England (the
base rate). Visit www.payontime.co.uk for information about the legislation
and an interest calculator.

It is for the supplier, for example the architect, to decide whether or not to
use the statutory right. Alternatively, the parties (the client and architect, for
example) may agree different terms, but the Act requires that any alternative
must be a substantial remedy. The regulations do not apply where the payee
is a consumer.

Equality Act 2010

The Act replaced previous anti-discrimination laws with a single Act to

make the law simpler and to remove inconsistencies. This makes the law
easier for people to understand and comply with. The Act also strengthened
protection in some situations, and covers nine protected characteristics that
cannot be used as a reason to treat people unfairly. Every person has one or
more of the protected characteristics, so the act protects everyone against
unfair treatment. The protected characteristics are: age, disability, gender

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 A client’s guide to engaging an architect

reassignment, marriage and civil partnership, pregnancy and maternity, race,

religion or belief, sex and sexual orientation.

The Equality Act sets out the different ways in which it is unlawful to treat
Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

someone, such as direct and indirect discrimination, harassment, victimisation

and failing to make a reasonable adjustment for a disabled person.

The Act prohibits unfair treatment in the workplace; when providing goods,
facilities and services; when exercising public functions; and when buying or
renting property.

The Unfair Terms in Consumer Contracts Regulations 1999

Domestic projects
The object of this legislation is to offer the consumer protection where the
contracting parties might be of unequal bargaining strength and the terms of
the contract have been drafted unilaterally.

Your architect will explain the implications of the regulations, which require
that the terms are ‘individually negotiated’.

You will be a ‘consumer’ if you sign a contract in your own name, not as
a limited company or other legal entity – i.e. ‘a natural person acting for
purposes outside his trade, business or profession’.

For work to your home or to a second home you will be exempt from:

n the provisions of the Housing Grants, Construction and Regeneration

Act 1996 as a ‘residential occupier’

n the Late Payment of Commercial Debts Regulations 2013.

If your second home is to be let at any time as a holiday rental or to other

tenants, these exemptions will not apply.

The terms of the RIBA Domestic Project Agreement recognise the importance
of the regulations.

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 Other RIBA Client Guides

Other RIBA Client Guides

Available from RIBA Bookshops (www.ribabookshops.com):

Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

A client’s guide to health and safety for a construction project under the
Construction (Design and Management) Regulations 2007

Available online from www.ribabookshops.com/agreements/

RIBAAgreementsSite/ScheduleOfServices.aspx:

A guide to Access Consultancy Services

A Guide to Working with an Architect: Repair and Alteration of Historic

Buildings

A Guide to Initial Occupation and Post-occupation Services

Available online from www.architecture.com:

Working with an architect for your home

Client Conversations: Insights into successful project outcomes

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 © Royal Institute of British Architects 2013
Published by RIBA Publishing, 15 Bonhill Street, London EC2P 2EA

ISBN 978 1 85946 494 6

Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

Stock Code 80464

The right of Roland Phillips to be identified as the Author of this Work has been
asserted in accordance with the Copyright, Design and Patents Act 1988.

All rights reserved. No part of this publication may be reproduced, stored in a

retrieval system, or transmitted, in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise, without the prior permission of the copyright
owner.

British Library Cataloguing in Publication Data

A catalogue record of this guide is available from the British Library.

Publisher: Steven Cross

Project editor: Neil O’Regan
Typeset and designed by: Gray Publishing
Printed and bound by Windsor Print, Tonbridge

We make every effort to ensure the accuracy and quality of information when it is
published. However, we can take no responsibility for the subsequent use of this
information, nor for any errors or omissions that it may contain.

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 Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

RIBA_Client_Guide_Architect_2013_ednV5.indd 31
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RIBA_Client_Guide_Architect_2013_ednV5.indd 32
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 A client’s guide to engaging an architect
Licensed copy from CIS: moultoncol, , 28/07/2013, Uncontrolled Copy.

If you need to know about engaging the services of an architect, this

RIBA guide is for you. Straightforward and completely up to date,
A client’s guide to
it sets out everything that you as a client – whether for domestic,
commercial, small or large projects – needs to be aware of.
engaging an architect
As well as explaining the considerable added value that the right
architect can bring to the success of your project, the guide talks
you through the formal appointment mechanisms that architects as
professionals will expect to transact with you. General background
information outlining the importance of the brief and project
management is supported by an explanation of the industry-
standard ‘RIBA Plan of Work 2013’. Importantly, the various options
for calculating fees are described. Finally, the guide briefly introduces
you to other major legislation affecting your project.

Aimed at all construction clients – especially those who have never

carried out this role before – this guide offers a quick and easy
overview of the value, mechanisms and context of appointing your
architect.

ribabookshops.com

Royal Institute of British Architects

Front cover: Bogbain Mill, Lochussie – RIBA Award Winner 2012. © Andrew Lee / Rural Design

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