Part 3 With Me Episode 1:

Hello and Welcome to the Part3 with me podcast.

The show that helps part 3 students jump start into their careers as qualified architects. I am your host Maria Skoutari and this week we will be talking about the differences between the RIBA and ARB and their relevant codes of conduct.

Let's start with some background and what each organisation represents. The RIBA standing for the Royal Institute of British Architects, was founded in 1834 and relies on its members, sponsors and charitable trading operations for funding. The RIBA is a global voluntary professional membership body promoting and driving excellence in architecture. The ARB standing for Architects Registration Board, was established by Parliament under the Architects Act in 1997 to regulate the architects’ profession in the UK and holds the definitive record of all UK architects. The ARB relies on the retention/registration fees for funding. It is, therefore, a statutory body for newly qualified architects to be registered with to be able to use the title ‘architect’. Of course to be able to register with the ARB you need to be holding a Part 1, Part 2 and Part 3 qualifications or equivalent for an EU country. The key difference, therefore, between the RIBA and ARB is that the RIBA is an optional body you can become a member of, whereas you have to be register with the ARB to be able to call yourself an architect. If you call yourself and architect without being registered with the ARB you can be sued/fined for misusing the title ‘architect’. A potential question that may come up in the exams or course work is what will happen to the recognition of the profession post-brexit. Post-Brexit, the government and ARB announced that if you were registered with the ARB before Brexit then you continue to be recognised with the ARB. If you applied for recognition and registration with the ARB after the 1st of January 2021, it has been outlined that the UK has retained a system of recognition for EEA (european economic area) and Swiss qualifications. However, since Brexit some EU countries haven’t maintained their mutual recognition agreement with the UK, so if you are a UK qualified architect that wants to move to EU and be able to practice as an architect, you would have to check that country’s qualifications recognition under their national rules. Circling back, both bodies have theirs equivalent Codes of Conduct which can be found for free on their websites. The Codes of Conduct for both bodies are a key requirement when studying for your Part 3 as you must show through your course work, examination and interview that you understand these codes and you will adhere to them throughout your career as an architect in upholding the standards of the profession and promoting good conduct and best practice. Failure to comply with the ARB code more specifically is considered as unacceptable professional conduct or serious professional incompetence and shall be taken into account in any disciplinary proceedings before the ARB’s Professional Conduct Committee. You will notice once I start outlining each bodies standards and principles that they are quite similar and interlink in many aspects helping to remember and follow both Codes. Lets start with the RIBA Code, It consists of three main principles: 1. Integrity - Members shall behave with integrity and strive to safeguard and improve the standing, reputation and dignity of the Institute and its Members in all their professional activities. And members shall consistently promote and protect the public interest and social purpose, taking into account future generations. 2. Competence - Members should continuously strive to improve their professional knowledge and skill. Persistently seek to raise the standards of architectural education, life-long learning, research, training, and practice for the benefit of the public interest, those commissioning services, the professions and themselves. Members should strive to protect and enhance heritage and natural environment. 3. Relationships - Members shall respect and seek to uphold the relevant rights and interests of others. Treat people with respect and strive to be inclusive, ethical and collaborative in all they do. Seek and promote social justice. Principle 1 - Integrity has 7 sub standards: 1. Impartiality and Undue Influence (to act impartially, be honest and truthful, not be influenced by others or due to own self-interest) 2. Statements (Make no statements that are untrue, misleading, unfair or contrary to professional knowledge, if party to such situation must correct it) 3. Conflicts of interest (if such situation arises must declare to all parties affected, remove its cause of withdraw from situation e.g. same practice acting for two different contradicting roles on projects and have effective systems in place that identify such conflicts e.g. between two clients.) 4. Confidentiality and privacy (not breach confidentiality, safeguard privacy, comply with legal rights of privacy, only use such information at specific assigned scenarios, ensure others do not breach confidentiality, hold and handle data in accordance with data protection legislation - GDPR) 5. Handling client money (Keep money in suitable ‘client account’ separate from private/business accounts, return any money as immediately requested, not use money for anything other than to clients instructions and interest, any interest to be paid to client) 6. Bribery and corruption (not offer or accept bribes, report suspicion of such, conduct due diligence on potential clients to verify identity) 7. Criminal Conviction/disqualification as a director / sanction (criminal conviction of any kind / disqualification / sanction to be reported to RIBA, criminal offence cause to be expelled from membership) Principle 2 - Competence has 14 sub standards: 1. Skill, knowledge, care, ability (act competently, conscientiously and responsibly and apply all four elements to daily work. Ability to finance and resource work appropriately. Accept responsibility for professional services offered and are sufficiently qualified by education, training and experience. Abide by laws at all times, do not mislead or offer deceptive or false statements or claims, do not quote for work you are unsure of or unable to undertake. Have appropriate arrangements for work to continue in event of incapacity, death, absence. Take authority of work. Inform client of likelihood of achieving their requirements. Continue to develop and update skills, knowledge and expertise, undertake CPD - continuing professional development and lifelong learning) 2. Terms of appointment (clearly stated/outlined with client, agreed and recorded in writing, ensure appointment covers key contract criteria, confirm in writing with client regarding any variations and subsequent variations, confirm with client in writing for any variations in fees/services, ensure contract terms are legally accurate, explains to client scope of services, fee calculation, circumstances in which fees are triggered and payment required, when additional fees may be payable, clearly state complaints procedure) 3. Times, cost, quality (promote quality in services provided, deliver safe - cost effective and minimise negative impact on environment through projects. Carry out services in agreed reasonable time and cost limit. Advise client on required specialist advise) 4. Keeping the client informed (on progress of projects, key decisions, key risks or circumstances impacting time, cost or quality of project. Maintain appropriate records) 5. Record keeping (appointment, brief, agreed scope, fees, correspondence, copies of deliverables, invoices, client money held. Securely store data, return any original data to client upon request, not share information if leaving company according to contract agreements) 6. Health and safety (design to health and safety regulations and laws, outline client responsibilities under CDM regulations, protect health and safety of others relating to works/project) 7. Inspection services (frequency and nature of inspections) 8. Building performance (facilitate handover and building commissioning process, promote benefit and value of recording building performance during operation and encourage long-term maintenance and management on site) 9. Heritage and conservation (respect heritage assets, only change if sufficiently qualified, seek specialist advise if work is needed and are unsure) 10. Town and country planning (comply and advise client of planning legislation and regulations, seek specialist advise if uncertain) 11. Law and regulations (do not violate law known to be illegal, client advised to seek legal advise) 12. Certification (e.g practical completion, valuation, etc. exercise reasonable skill and care) 13. The environment (consider environmental impact of professional activities, advise clients to seek specialist advise so project meets local environment - ecology and biodiversity. Promote sustainable design and principles) 14. Community and society (concern and due regard of services on users, community, improve equality, diversity & inclusion) Principle 3 - Relationships has 12 sub standards: 1. Copyright (if you do must give credit to author and inform them and receive permission to use in writing) 2. Previous appointments (if appointed to continue someone else’s project, must inform previous appointee to confirm appointment has been terminated, client holds necessary licenses to us information, confirm no contractual outstanding matters preventing you from accepting work. Confirm no other architect is involved and if so clarify with client on role) 3. Peers (not damage anyones reputation, do no approach others client with intent to take over, inform RIBA if aware of breach of Code by other member) 4. Equality, diversity & inclusion (promote and shall not discriminate, treat others fairly and with respect, comply with Equality Act 2010) 5. Modern Slavery (raise awareness of modern slavery concerns, use supply chains free from modern slavery, report abusive labour practices) 6. Employment & Responsibilities as an employer (provide employees with fair, safe and equitable working environment, provide contract to employees, pay fairly, follow good employment practice, reasonable working hours followed, employer must have regard of students training and education as per RIBA professional experience scheme, students to be provided with full contract of employment, fair pay, nominate employment mentor, provide breadth of work experience, permit study leave/days) 7. Competitions (Participate in competitions known to be reasonable, transparent, impartial and compliant - if so rectify or withdraw from it) 8. Complaints and Dispute Resolutions (Have written procedures for dealing with disputes/complaints, provide procedure with terms of appointment to be provided on request, acknowledgement within 10 working days of complaint followed by response addressing issue within 30 working days. Promote mediation or conciliation - will expand on on other episode) 9. Advertising/business name/use of RIBA crest and logo (all marketing to be legal, decent, truthful, fair, accurate in expertise level and resources offered. Do no make misleading comments, discredit competitors, encourage unacceptable behaviour. Comply with Architects Act 1997. Chartered status only used if registered. Can use RIBA crest for private sector used where Chartered Architect is a principal, in public sector can be used if the Chartered Member is a Chief Officer, Designated deputy of chief officer, most senior within their authority, head of architectural department, educational sector where chartered member is in teaching position, social use can all use crest on stationery. Crest cannot be used by student, associate, affiliate members and honorary fellows. Chartered members can use RIBA after their name) 10. Insurance (must hold suitable insurance for potential liabilities arising from negligence or breach of contract. Must have adequate run-off cover when cease to practice. Available to provide to clients. Inform insurers of likely claim) 11. Non-disclosure agreements (Not use NDA’s to prevent reporting wrongdoing/misconduct) 12. Whistleblowing - exposing information or activity within and organisation that is deemed illegal, unethical or not correct (Written internal procedures to enable whistleblowing by employees. Protect/support whistleblowers) The ARB Code of Conduct consists of 12 standards set out as follows: Standard 1: Honesty and Integrity - which ties in with the RIBA’s first principle integrity. Expected to act with honesty and integrity at all times - most important standard required in any consideration of the members conduct. Avoid misleading, unfair or discredited statements. At conflict of interest situations you are expected to disclose it in writing and seek written confirmation from all parties involved to give their informed consent to you continuing to act if not must cease to act. Disclose payment to client at outset. Standard 2: Competence - similar to the RIBA’s second principle Competently carry out professional work you and others supervised by you. Appropriate arrangements for professional work to continue in event of incapacity, death, absence from or inability to work. Necessary communication skills and local knowledge are available to discharge responsibilities. Keep knowledge and skills relevant to your professional work up to date and aware of guidelines issued by the ARB. Standard 3: Honest promotion of your services - again linking to RIBA’s second principle When advertising and promoting services should comply with codes and principles applying to advertising, e.g those of the Advertising Standards Authority or other body having oversight of advertising standards. Business style not to be misleading. If you are principal of practice must ensure all architectural work is under control and management of other architects and their names are made known to clients and third parties. Notify client of any change in identity of architect responsible of works. Standard 4: Competent management of your business - linking to RIBA’s third principle Effective systems in place to run business professionally and projects are monitored/reviewed regularly. Able to provide adequate professional, financial and technical resources when entering contract and throughout duration. Adequate security to safeguard both paper/electronic records for clients taking into account data protection legislation and client confidential information is safeguarded. Enter into written agreement with client before undertaking any professional work. Variations to written agreement to be recorded in writing. Upon demand promptly return to client any papers, plans or property they are legally entitled to. Standard 5: Considering the wider impact of your work - touches on principle 2&3 Advise client how to best conserve and enhance quality of environment and natural resources. Standard 6: You should carry out your professional work conscientiously and with due regard to relevant technical and professional standards - links to RIBA’s first principle Carry out work with skill and care according to terms of engagement. Carry out work without delay and so far as reasonably practicable as per time-scale and cost limits agreed with client. Must keep client informed of progress of work and of any issue which may affect its quality or cost. When acting between parties exercise impartial and independent professional judgment. Standard 7: Trustworthiness and safeguarding client’ money - links to RIBA’s first principle Expected to keep records of all money held belonging to client/third party and account for it at all times. Money to be kept in designated interest-bearing bank account separate from personal or business account. Instruct bank in writing and ensure all money in client account is held as clients’ money and not to be combined with any other account. Ensure money is not withdrawn from client account unless made to or on behalf of client at clients specific written instructions. Un less otherwise agreed with client, arrange any interest accrued to be paid to client. Standard 8: Insurance arrangements - RIBA’s principle 3 Expected to have adequate and appropriate professional indemnity insurance for you, your practice and employees and maintain minimum level of cover including run-off as per ARB guidance. Cover extents to professional work taken outside main practice or employment. If employed architect ensure insurance provided by employer. When requested, expect to provide ARB with evidence of PII. Standard 9: Maintaining the reputation of architects - RIBA’s principle 3 Ensure professional finances are managed responsibly. Conduct yourself to avoid bringing yourself or profession into disrepute, if so must report to ARB within 28 days. Where appropriate should report to ARB if other architects conduct falls short of expected standards. Not enter in agreement of which the terms prevent any party from reporting a breach of code to ARB. Standard 10: Deal with disputes or complaints appropriately - RIBA’s principle 3 Have written procedure for handling complaints in accordance with Code. Complaints handled courteously and promptly at every stage - acknowledgement within 10 working days from receipt of complaint and response addressing issue within 30 working days from receipt. If appropriate, encourage alternative method of dispute resolution e.g. mediation/conciliation. Standard 11: Cooperative with regulatory requirements and investigations - RIBA’s principle 2 Expected to cooperate fully with ARB and within specified timescales. Notify ARB promptly an in writing of changes in details held about you on Register - if not informed will be removed from Register. Standard 12: Respect others - RIBA’s principle 3 Treat others fairly. Comply with legal obligations. Not discriminate against age, disability, gender, marriage, pregnancy, maternity, race, religion, sex. For a full breakdown and details of both Codes please check out the links in the episode description to where I found the above information for those of you wishing to look at the subject in more detail. 

If you would like to get in contact with me please feel free to email me on the address provided in the show notes. Thank you for listening, this is an educational show aimed at supporting the future generation of architects. The information, opinions, and recommendations presented in this Podcast are for general information only and any reliance on the information provided in this Podcast is done at your own risk. Please join me next week, for some more Part 3 with me time.