Repeal, Reserve, Regulate

Under the current regulatory system for UK architects, only the title ‘architect’ is legally restricted, with no oversight of the competence of those who undertake architectural services or activities. This means anyone can perform the work of an architect, as long as they do not call themselves one. This does nothing to ensure quality or safety and places an unnecessary financial burden on the profession with little demonstrable public benefit. 

 

Chris Williamson

on resigning from ARB.

What are we recommending?

There should be defined activities reserved to suitably competent professionals in relation to full planning applications, building control applications and final compliance certificates. 

This would bring us into alignment with the position in most developed economies. While recognising that this may not cover all controlled building work in its entirety, it should cover all significant building work. To achieve this new framework, we suggest:

 

Repeal: Removal of the Architects Act 1997

The Architects Act is the current legislation that regulates the use of the title ‘architect’ in the UK. Regulating title alone offers no oversight over the competence of those who undertake architectural services or activities, therefore, we recommend repealing the act.

 

Reserve: Replacing the Architects Act with new legislation that sets out reserved activities

A new piece of legislation for the built environment could be modelled on the Legal Services Act, which restricts certain legal activities to various groupings of qualified professionals. Our proposed legislation would set out exactly which suitably competent professionals were able to undertake the reserved activities, set out above.

This model would set out a clear statutory framework and would clearly define reserved activities helping deliver public protection. It would also provide a high level of accountability and assurance for protecting safety if applied to all significant building work.

 

Regulate: Oversight of the competence requirements of construction industry professional charter bodies should be by a Built Environment Council

The government should create a Built Environment Council that oversees the construction industry professional charter bodies whose members are the suitably competent professionals. These professionals would then undertake reserved activities set out in the new legislation.

Why are we calling for this new regulatory approach?

A working group which reported to RIBA’s Practice and Policy Committee was set up to look at how the current regulatory system for architects was working and if it could be improved. The group recommended to RIBA Board that there should be reserved activities for suitably competent professionals, with oversight of competency requirements from a Built Environment Council. The RIBA Board accepted this recommendation and we are now taking it forward.  The Engineering Council offers a potential prototype for this oversight model.

Why are we suggesting reserved activities instead of regulation of function?

We have identified three key matters that are crucial for delivering quality, sustainability and safety in the built environment. These are submitting:

full planning applications
building control applications, and
final compliance certificates

While chartered architects are competent to undertake all three of these activities, there are also other professions which would have the skills and expertise to deliver one or more of those listed above. For example, a chartered planner could submit a full planning application, or a chartered engineer could submit a building control application.  Often chartered professionals will be working in close collaboration on key submissions.

Are you calling for protection of title to be removed?

Regulating title alone is ineffective. We are therefore recommending a new system of regulation that sets out reserved functions for suitably qualified professionals. Suitably qualified professionals would be chartered and only those who were deemed competent by their professional body would be able to use this chartered title. 

Are you calling for ARB to be abolished?

We are calling for the Architects Act to be repealed. The Act establishes ARB as the official regulator of architects in the UK.

In our formal response to the Grenfell Tower Inquiry, we stated that we would be interested in exploring a model similar to that of the current Engineering Council.

This new position builds on this and recommends that oversight of the competence requirements of construction industry professional bodies should be by a Built Environment Council.

How would members of professional bodies be deemed competent?

New legislation that sets out reserved activities and suitably competent professionals to undertake this work, should be enacted. A Built Environment Council should be created. This new Council would oversee the competence requirements and assessment processes of the construction industry professional charter bodies who would assess the competence of individuals. Competent individuals would then be included as chartered members, with the ability to undertake the reserved activities named above.

What other countries have reserved matters for suitably competent professionals?

From France to Australia and the US, many countries have some form of regulation for matters reserved for architects.

How does reserved activities help improve public safety and quality in the built environment?

By having specific reserved activities, only those who are suitably qualified will be able to undertake this work. Driving quality through planning applications and ensuring safety through building control applications and final compliance certificates, suitably qualified construction industry professionals will ensure the built environment creates places that meet the needs of residents today and in the future.

What is ‘significant building work’?

The threshold for significant building work needs to be determined, but all projects from higher risk buildings to domestic work should meet the highest quality, sustainability and safety standards, and we envisage that most controlled building work would sit under this regulatory umbrella.