A ‘call to action’ concerning a new Code of Conduct and Practice for architects?

Introduction

“Architects play a vital role in shaping the places where we live and work. The public, our communities and clients expect that architects will deliver buildings and spaces that are safe and sustainable, and carry out their work ethically and with integrity” say the Architects Registration Board (“ARB”)[1].

These aspects are covered in the ARB’s ‘Code of Conduct and Practice for Architects’ (the “Code”) which contains express requirements, as well as an overarching ‘spirit’, to be followed by architects practising or working in the UK. The current edition of the Code was published in 2017.

The ARB has announced plans to review and modernise the Code to ensure it is fit for purpose and responds to specific challenges faced by architects today. The ARB seek feedback from the profession, the public and other interested parties, including Professional Indemnity Insurers, as part of this consultation. Details on the new proposals being explored, together with information on how to respond to the ARB’s consultation, are summarised below.

Context

The use of the name, style or role/title of “architect” is legally protected by virtue of the Architects Act 1997 and regulated by the ARB. The title of “architect” can only be used in business or practice by those who have received the necessary education, training and experience needed to become an architect and to join the Architects Register. Businesses must use “architect” in their company name only where the ARB’s requirements are followed, and an architect is responsible for, and in control and management of, all the architectural work undertaken.

The ARB, as the statutory regulator for architects, has a legal requirement to set a Code of Conduct and Practice and applicable standards. The current version of the Code was published in 2017 and is viewed as a fundamental text used to define and outline the overarching framework of principles and standards that all architects should hold themselves and colleagues to account. Architects must comply with the Code and maintain valid professional indemnity insurance. Amongst other things, the Code explains an architect’s commitments to the public, and specifically their clients, and provides for effective, safe and ethical practice.

New proposals

On 12 September 2024, the ARB published a news release announcing its proposals for a new Code of ‘Conduct and Practice for Architects’ (the “draft Code”)[2]. The proposals and draft Code were announced very shortly after the release of the long-awaited and significant Phase 2 Public Inquiry Report into the fire at Grenfell Tower in June 2017: this was publicly released on 4 September 2024 (the “Phase 2 Report”). For more information on the key findings of the Phase 2 Report, and its recommendations for the future of the profession and construction sector, please visit our ‘Digesting the Grenfell Report’ hub.

The new draft Code aims to provide a positive statement and is founded on six Standards, which reportedly follow research and engagement with both the profession and the public. The draft Code also directly seeks to address recent market developments concerning building safety, environmental sustainability, and inclusivity to modernise the requirements and ensure that the Code remains fit for practice and responds to new challenges faced by the profession.

The six Standards (of equal importance) are: 1) Honesty and integrity; 2) Public interest; 3) Competence; 4) Professional practice; 5) Communication and collaboration; and 6) Respect. Each Standard is to be supported by a suite of additional guidance, explanatory text and examples of the types of behaviours that the ARB would typically expect to see from an architect meeting that Standard. Compliance with the examples is not mandatory, but an architect departing from them may be required to justify how they would meet the Standard in those circumstances.

Specific details on the new proposals are available via the ARB’s website and include recommendations in respect of terms of engagement, professional indemnity insurance, building safety, managing conflicts of interest, mentoring and leadership. Guidance already exists for some of these Standards (i.e. professional indemnity insurance), but the ARB seeks to implement new guidance for others.

Despite the recognition that important changes had been introduced by the ARB and to the architects’ profession following the Grenfell Tower tragedy, the Phase 2 Report recommended it conduct a further review in light of the Inquiry’s main findings. The Phase 2 Report also highlighted key principles and risks associated with maintaining professionalism, including understanding and recognising the boundaries of one’s level of competence, and the paramount importance of safety above other considerations (including commercial interests or pressures). It appears that the ARB has sought to include such principles and ethical items within the draft Code and the associated standards it establishes for the profession.

The new Code will reportedly be supplemented by additional guidance around how architects can meet the relevant Standards including by reference to specific situations and contexts. The Code is promoted as providing a fundamental compass for architects in their day to day practice as well as the standards and behaviours expected of them, their clients and members of the public. Architects should continue to consider and monitor the changes.

Time to act now?

The draft Code and associated guidance proposals are currently published for public review and comment. As part of the consultation process, the ARB seeks the views and inputs from architects, clients, those who appoint or collaborate with architects or make use of their designs, learning providers and students. The consultation is open until 12 December 2024 and the ARB encourages participants to share their views via its website before then[3].  The ARB’s Board intends to finalise the new Code and accompanying guidance in early 2025.

International impacts?

Our August 2024 article contains practical considerations for international architects when working in the UK. The current Code includes details on the applicable standards of conduct and practice expected of all UK registered architects, regardless of where they reside or practise. It acts as guidance although those practising outside the UK may also be subject to different local legislation, guidance or requirements which could apply or influence their behaviour. We therefore continue to recommend that international architects practising in the UK, or looking to open an office in the UK, are mindful of the applicable requirements and continue to manage these.

Commentary

The consultation is positive for the architectural profession and the industry albeit the consultation is very high level and so the substance of the actual changes and the impact they will have remain to be seen.  Given the scope of the ARB’s role in regulating the profession the development of the consultation and updates should be monitored carefully. If you are interested in commenting on or helping to potentially shape the proposals, now is the opportunity to use the ARB’s website before 12 December 2024 to do so!

For more information on the content of the consultation, please refer to the resources linked in this article or contact the ARB. Beale & Co regularly advise architects, both in the UK and internationally, on various issues including the relevant statutory, regulatory and licensing requirements. Should you have any queries on the content of this article and how it might apply to your practice, please liaise with the authors or your Beale & Co contact.

[1] Consultation on a new Code of Conduct and Practice for Architects – ARB

[2] ARB publishes proposals for a new Architects Code – ARB, 12 September 2024

[3] Consultation on the Architects Code of Conduct and Practice – Architects Registration Board – Citizen Space