Regulating the title ”architect” protects the reputation of the profession

Regulating the title ”architect” protects the reputation of the profession (21/11/2005)

Research commissioned by the Architects Registration Board (ARB), and presented to the Board on 10 November, shows that over 90% of architects feel that protection of the title “architect” is important. And an overwhelming number within that percentage believe that regulation helps safeguard the reputation of the profession.

ARB – the statutory regulator established to protect consumer interests - has the power to prosecute anyone who is not an architect, but tries to pass themselves off as such by unlawfully using the title. In fulfilling this duty, ARB not only protects consumers from being misled, but also protects the reputation of the profession by ensuring that unregistered persons, who are not bound by the high standards of education and training which apply to architects, are prevented from passing off their work as that of an architect.

Each year, the Board receives 300 to 400 complaints about misuse of the title ”architect”, mainly from members of the profession, but also from members of the public who have been deceived into using someone who is not an architect. Each case is carefully considered and dealt with, and if the evidence required by the criminal courts is available, the Board can – and does – prosecute these individuals.

The Board also works proactively with the publishers of telephone and other directories to ensure that they do not unwittingly list people as architects when they are not. The Royal Institute of British Architects and the Association of Consultant Architects work with ARB on this.

Although the Board’s work has been effective in the eight years since it was established, in 2005, it was decided to see whether more could be done, and in particular to see whether systems operated by other bodies for the regulation of professional titles could be adopted by the Board to increase the effectiveness of this work.

The Board’s research revealed that ARB’s present approach to regulation of title compares favourably with that of most of the bodies participating in the survey. There was, however, a wide-ranging approach to title regulation work between organisations, which may be due to the difference in powers, as well as functions, size and resources. Not all bodies with responsibility for protecting title regard it as their role to undertake prosecutions, even where title abuse amounts to a criminal offence.

The Board’s work in regulating use of the title is not the only protection for the title “architect”. Prescribing the necessary qualifications for all architects plays a major part. The excellent standards achieved in qualifications that lead to the title of architect are central to the reputation of the profession. In addition, the Board’s Code of Conduct, together with disciplinary hearings by its Professional Conduct Committee, ensure that both the public and the profession can be confident that if architects fall below the high standards required, then disciplinary action can be taken.

As the independent statutory regulator, only ARB can provide this protection. The professional bodies do not have the statutory responsibility to deal with this. Architects commit themselves to seven years of training. They must certify that they carry professional indemnity insurance, and they are required to undertake continuous professional development. There is considerable public interest in the profession, and the public and the profession itself are entitled to expect that regulation of the title “architect” works in their interest.

The Board received the report with enthusiasm, and restated its commitment to protecting title. It also agreed to provide the public and the profession with more information about its work in this area, as it appears this work is both underestimated and not widely understood.

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Notes for Editors

ARB is the statutory body established by Parliament under the Architects Act 1997 to regulate the UK architects’ profession in the public interest. The Act requires ARB (among other things) to:

• Maintain the Register of Architects (Section 3)

• Prescribe qualifications for entry to the Register of Architects (Section 4)

• Deal with competence to practise (Section 9)

• Issue a Code which lays down standards of professional conduct and practice (Section 13)

• Regulate use of the title “architect” and prosecute those who use it fraudulently (Section 20)

ARB has a Board of 15 members, seven of whom are architects elected by the profession. The remaining eight are members of the public appointed by the Privy Council to represent the interests of consumers and users of architectural services.

The intention of the Act is to ensure that only those people who are properly qualified and registered with ARB can call themselves ‘architects’. Others, who might work in the design and/or construction industries but who are not registered with ARB, are forbidden by law to call themselves an architect. ARB can, and does, prosecute in the magistrates’ courts those who misuse the title. ARB also works closely with the publishers of Yellow Pages and other directories to prevent inadvertent listings of non-qualified people under the category of “Architects”.

The research was undertaken by Suzanne Phillips, an external consultant. Detailed questionnaires were sent to a total of 45 organisations. 21 responses were received, a response rate of just over 46%.

NB. After this press statement was issued, it became apparent (because it wasn't mentioned) that some readers did not realise that 3000 architects had been surveyed and 1157 had replied.

This was a separate piece of research that dealt with benchmarking 45 organisations with similar responsibilities to ARB, to which 21 had responded.