What international architects need to know: top considerations for working in the UK

Beale & Co’s specialist lawyers regularly advise architects, both in the UK and internationally, on a variety of issues including licensing and regulatory requirements under the Architects Act 1997 (the “Act”, as amended).  We have recently seen a real increase in international architectural firms, headquartered abroad, looking to work in or open offices in the UK.

As is the case in many jurisdictions, the UK closely regulates architects, including as set out in the Act.  There can be significant consequences of failing to comply with the regime, so it is important for international architectural firms offering and providing services in the UK to understand the UK’s approach to regulating architects and the profession as set out in the Act (and as amended).

In summary, key considerations include:

• In the UK, there are no restricted architectural activities.
• Use of the name, style or title of “Architect” is protected by law under Section 20 of the Act and regulated by the Architects Registration Board (“ARB”). This means that this title can only be used in business or practice by someone who has had the requisite education, training and experience required to become an architect and join the Architects Register. In addition, businesses can only use “architect” in their name if there is an architect who is responsible for and in control and management of all the architectural work undertaken, and the ARB’s full requirements are followed.
• The term “architecture” is not regulated by the ARB and there is no restriction on the services which can be provided by partnerships or business (subject to contractual or commercial requirements to have appropriate professional indemnity insurance, etc.). According to the ARB’s website, “architectural consultant” or “architectural assistant” are not specifically covered by its regulatory activities. The ARB also supports a pragmatic approach to the use of the term “architect” beyond building and design, such as in “software architect” or “systems architect”, which are becoming prevalent in the information technology sector.
• ARB administers the Architects Register and sets out various required qualifications and procedures before someone can join the Register. Section 13 of the Act requires the ARB to issue a Code outlining the standards of professional conduct and practice expected of registered architects. The Act therefore aims to safeguard the public against those individuals who are dishonest or who mislead, for instance by presenting themselves as an architect when they are not. The ARB’s public register of all UK architects also enables users to check that someone is a genuine architect.
• There are various mutual recognition agreements for overseas qualifications to be recognised by the ARB – some of the straightforward recognised routes are limited to USA, Australia and New Zealand, though other international qualifications may be acceptable. The ARB website has further details on overseas qualifications and the steps to progress towards registering as an architect in the UK. We have previously written an article covering the mutual recognition of architects’ qualifications between the US and the UK which might be useful.
• UK architects on the Architects Register must comply with the ‘Architects Code: Standards of Conduct and Practice’ (the “Code”) and hold appropriate professional indemnity insurance.
• The Code sets out the standards of conduct and practice expected of architects, wherever they reside or practise. It acts as guidance and those practising outside the UK may be subject to different legislation, guidance or requirements which will apply or influence their behaviour. The ARB’s website recognises that local legislation may conflict with the Code and potentially provide sound reasons for taking an informed decision not to follow the Code.
• During the application process for establishing a limited company or a limited liability partnership, the ARB has authority to determine the approval of the Declaration for the use of the title “architect”. If approved, the ARB issues a letter of non-objection indicating consent, which the business may then submit to Companies House for the purpose of registration.
• The ARB actively protects use of the title “architect”, and it is a criminal offence to use (or misuse) the title if not listed on the Architects Register. The ARB manage this by conducting investigations proactively, as well as responding to complaints received. Where appropriate, the ARB may issue guidance and seek assurance that the problematic activities will cease, i.e. with a view to addressing the harm swiftly, proportionately, and efficiently. If a breach of the Act is sufficiently serious, however, the ARB can and do take legal action (as evidenced by the case studies and table of prosecutions on the ARB website).
• In practice, an international firm could potentially get into difficulty, for example, if one of its architects is a member of the Royal Institute of British Architects (“RIBA”) or the American Institute of Architects (“AIA”) but is not listed on the Architects Register. If that architect works on a UK project and is actively using the title “Architect” (or even RIBA or AIA acronym) in an email signature or on a website (such as LinkedIn), then this could pose a problem. This is because RIBA and AIA are acronyms which both include the word “Architects” and this falls within the scope of the ARB’s regulation. We are also aware of instances within the industry where the ARB appears to have searched websites and found internationally based architects operating in the UK and using a professional body’s acronym containing the word “Architects”. It is therefore important to recognise and take appropriate steps to manage or avoid the risks of an ARB investigation or associated warning.
• If an overseas architectural practice is contemplating opening a UK studio in the near future, they may wish to consider whether the simplest route would be to register their local architects with the Architects Register. Additionally, the firm could consider attaining Chartered Practice status through the RIBA for example, which confers a professional title rather than a regulatory one.
• If the architectural practice will complete services in the UK however, careful thought should be given as to how it presents itself, bids and operates. This would usually include ensuring that the titles “architect” / “architects” (or equivalent) are not used on any UK-facing website, in correspondence, on bid documentation or in contracts.
• The Building Safety Act 2022 (“BSA 2022”), and associated secondary legislation, introduced extra legal and regulatory standards, including competency requirements and certain dutyholder requirements for UK projects governed by the Building Regulations and higher risk buildings.
• The BSA 2022’s explanatory notes indicate that architects are not currently required to undertake continuing professional development or competence checks throughout their career (i.e., as part of the general approach improving the competence of architects)[1]. However, Standard 2.4 of the Code requires architects to maintain knowledge and skills pertinent to their professional work and to “be aware of the content of any guidelines issued by ARB from time to time”[2]. The BSA 2022 also empowers the ARB to oversee architects’ competencies, establish criteria, and deregister/remove any architect who does not meet these standards or is found guilty of professional misconduct or serious professional incompetence.

Before carrying out work or opening an office in the UK, we recommend international architecture firms obtain independent legal advice regarding the ability to market, offer and provide architectural services. They should also be aware of any associated practical steps or mitigation strategies. Such decisions and measures should typically be evaluated on a case-by-case basis.

Beale & Co has specialist expertise in the construction, engineering, and infrastructure industry, specifically from a corporate and commercial context. Should you have questions or require support on any of the issues covered in this article, please contact the authors.

[1] Building Safety Act 2022 (legislation.gov.uk), Explanatory Notes, “Improving the competence of architects”, paragraph 105

[2] Architects-Code-2017.pdf (arb.org.uk), Standard 2.4