Architecture and Registration

As many RIAI members will be aware, a recent RTE Prime Time programme focused on the subject of an unqualified architect who had caused serious difficulties for his clients.

The allegations made in the programme focussed on an individual who had not only failed to perform to the standard that a member of the public could reasonably expect from a qualified professional architect, but had also made physical threats to a dissatisfied client.

Members of the public might reasonably ask how somebody could behave in such a cavalier and unprofessional manner without any action being taken by the relevant authorities. Unfortunately this is not an isolated incident.

While it was made clear in the programme that a number of this person’s actions would lead to legal prosecution in other jurisdictions, Irish citizens have no such protection because there is no state registration system for architects in Ireland. As every member knows, anyone can call themselves an architect in Ireland as there are no legal restrictions on the use of the term.

Ireland is unique in the absence of registration of the title Architect on its national statute books. Registration of title exists in EU states, the United States and most developed countries, where there are appropriate regulatory regimes.

The fundamental principle underpinning the registration of architects in these countries is that government sets standards and qualifications to protect the consumer, and to secure quality in the built environment.

Architects’ services affect not only the client who commissions a project but also the community within which the project is built. This impact on the community is felt not only in the present but also far into the future.

It is for this reason that, when regulating the profession, governments generally ensure that both the client’s interests and the short and the long-term interests of society are carefully safeguarded.

Building Control Regulations
The other area of public concern in a related topic is the level of inspections being carried out by local authorities under the Building Control Regulations and the effectiveness of the enforcement regime in place in relation to unauthorised development and building control.

The Department and the City and County Managers Association have adopted a target of inspecting a representative sample of buildings – currently 12% to 15% of all buildings for which valid Commencement Notices are served on the Local Authority.

This means that there is official acceptance that at least 85% of new buildings have no enforcement regime applied to them. This is not a satisfactory situation from a public safety perspective and needs prompt action by the Minister for the Environment Heritage and Local Government to reduce the danger to property and the public, which potentially exist as a result of this low rate of inspection.

The RIAI, in submissions to the relevant government departments, has emphasised the risk to consumers, particularly in relation to life and property, resulting from the current unregulated system.

Client’s Charter
Another way of looking at this issue is through the perspective of consumer relations. The construction sector must ensure that the services, products and finished buildings it delivers meet consumers’ requirements and that the life cycle costing of their investment is correctly balanced in economical, social and environmental terms.

Government must ensure that there is an adequate and appropriate regulatory framework to assure the client, the user and society at large of a minimum level of quality from the sector. Issues such as registration, communications, professional indemnity insurance, ethics and the resources needed to provide a good product, deserve particular attention.

Providing information to clients and consumers on what to expect of the architect is also very important, as is the need to ensure that architects develop their competencies through continued professional development.

With all this in mind, the RIAI has in the process of formally developing a Client’s Charter to further enhance its consumer protection policies. As with most professional organisations, the RIAI also works as a mediator between clients and member architects when things go wrong.

However, up to 80% of the complaints received by the RIAI on an annual basis relate to unqualified practitioners and non-RIAI members. The RIAI is unable to assist in situations such as this and it is clear from the range of these complaints that the consumer’s interest is not adequately protected by the absence of appropriate legislation in Ireland.

Government Initiative
Legislation to deal with the issue of registration of the title of ‘Architect’ has been promised by government since 2001. The Building Control Bill will provide for the statutory protection of the title of ‘architect’. The effect of the Bill will be to limit the use of this title to persons who are qualified to do so, under conditions to be specified in the Bill.

Following the Prime Time programme, I wrote to Mr. Dick Roche, T.D., the Minister for the Environment, expressing concern at the delay in introducing the Bill. I have received a written assurance that the Bill is now at an advanced stage of drafting and will be put before the Dail in the autumn.

Hopefully this commitment will be honoured and the Irish public can finally have the protection from unqualified persons, which the act will provide. As the Prime Time programme clearly showed, further delay in implementing the Act could have more unfortunate consequences for members of the public.