12/12/2024
RSUA has responded to ARB’s consultation on a new Code of Conduct and Practice for Architects. Special thanks to RSUA President John Lavery and members Ciaran Brown, Donal MacRandal, Alan Jones and Jennifer Harper who formed a sub-group to contribute to the response. Below is the full response.
About RSUA
The Royal Society of Ulster Architects (RSUA) is the professional body for architects based in Northern Ireland. We have 870 chartered members and over 300 student members. RSUA strives to enhance the region’s built environment for the benefit of all through the promotion of architecture.
High level standards accompanied by examples and guidance
RSUA is content with ARB’s proposal to adopt high level standards which will be supported by examples and guidance.
RSUA’s suggestions for amendments to the draft document
RSUA has proposed amendments to the draft standards document. These changes are italicised throughout. See attached a marked version.
The rationale for each change is as follows:
Amendment 1
“The Code consists of six Standards. The standard is the first sentence in the shaded box on the following pages and each one is accompanied with a brief explanation of why that standard has been adopted.”
RSUA believes the document should be much clearer about what words are part of the standard and what words are just explanatory.
Amendment 2
“This means that iIn situations outside work and online that impact on their work as an architect, architects must still behave in accordance with the Code, so that trust and confidence in the profession is maintained.”
RSUA does not see any consequential link between the first and second paragraphs under the sub title ‘jurisdiction’.
RSUA believes that in relation to an architects actions outside of work, the Code should only apply if those actions impact on their ability to work as an architect.
Amendment 3
“The Code does not seek to repeat legal obligations, or requirements set out in regulations or guidelines elsewhere. All architects must comply with the law and regulations of any jurisdiction in which they practise unless the compliance with law in a jurisdiction outside the UK would be a breach of UK law if exercised within the UK. “
RSUA believes that ARB should consider qualifying its comments on ‘The rule of law’ in the introduction to put UK law at the forefront.
Amendment 4
“The fact that a course of conduct is not specifically referred to in the Code examples or ARB guidance does not mean that it cannot form the basis of disciplinary proceedings. Each case is judged on its facts against the Code, and there may be circumstances in which unacceptable professional conduct or serious professional incompetence is found even where there has been no clear breach of the express terms of the Code examples or ARB guidance.”
RSUA believes that disciplinary proceedings should only be judged against the Code.
Amendment 5
“Architects must should be honest and act with integrity
Architects must should act in the reasonable public interest and in a way that prevents unreasonable harm to others
Architects must should be competent to carry out the work they do
Architects must should manage their work effectively, exercising reasonable skill and diligence
Architects must should communicate and collaborate effectively
Architects must should treat others with respect”
RSUA believes that it should be possible for an architect to always comply with the Code. We think the current draft wording is too absolute and thus have suggested the above moderations.