ACT ON THE ACT : A Deliberation On The Indian Architect's Act & COA And The Reforms They Need

ACT ON THE ACT 

A Deliberation On The Indian Architect's Act & COA And The Reforms They Need



Authors:

Abhay P. Singh
Rahul Arora
Shikha Kaul
Shriyak Singh

School of Planning & Architecture, New Delhi

Guided by : Ar. Amritha Ballal
Ar. Abhishek Bij
Prof. Dr. Anil Dewan
Ar. Sudhir Vohra

Coordinator : Prof. Ranjana Mittal


4th November, 2016


Abstract: Architecture as a profession in India is managed and regulated by the Architect's Act of 1972. The act led to the formation of an administrative body called the 'Council of Architecture(COA)'. This body is responsible for looking after all professional and ethical aspects of an architectural practice in the country, ranging from the registration of all architects in the country, as well as their firms; to supervising all activities of an architectural practice on ethical, moral and professional grounds. A professional cannot use the title of an 'Architect' unless registered under the COA. 

The rules and regulations prescribed by the act and the body, however, were established long back, at the time of its conception. These regulations have undergone only minimal changes since, even though the profession has dramatically transformed over the years. This has led to a great disparity between the methods and prescriptions of the practice in these documents and what the ground realities and needs of the profession are in the current times.

This academic paper tries to identify some of the most detrimental gaps in these regulations and suggests possible amendments to the act which would help bridge the fathom between the regulations and the aspirations of the current generation of professionals, without undermining the basic vision of the act when it was established, which was to create a profession for social upliftment and betterment on ethical and legal grounds, while defining the accountability of the profession in various situations.

Introduction 

What is the COA?

It’s a part of general knowledge that COA or Council of Architecture is the regulatory body for architectural practice in India. As a body of such function, it provides certain rules and mandates which are considered to be the codes for professional conduct. It is enforced by the Architect’s Act 1972.

The Architect’s Act, 1972

The Architect’s Act 1972 was put into force to safeguard architects, and to protect the ‘style’ of an architect.  However, a few of the regulations seem archaic.  They appear to be insensitive towards the current times and changing trends; and require a much needed amendment.

The COA holds power to restrict people from posing as architects. This indirectly implies that it regulates major decision making in the construction venture in the way that all construction projects have to be undersigned by an architect for approval. Hence, Architects became important and as a result COA became important.

Architectural profession is regulated in a similar fashion and by similar legal bodies in most parts of the world. Architects around the world face different working environments, markets, opportunities and handicaps, specific to their country and regulatory body. The principles are enforced by these bodies for the proper and ethical fulfilment of professional duties of an architect. These regulations, in many cases, can have a crippling effect on architectural practice. The rules can really change the game. The rules can enable one to be able to compete and adapt to the changes. The regulations also control the economical dimension of the entire set-up. The guidelines of the developed world seem to be adaptive of the change and enable the architectural practice to flourish both creatively and economical. The set of instructions which govern architectural practice in India go a long way in retarding the profession from coping with the visible changes in the market, globally and locally.

With this report, we intend to highlight the legal bindings of Indian regulations (Architect’s Act, 1972) on the practice of architecture which is restricting the profession to flourish and become locally as well as globally competitive. With this reference, we throw some light on the struggle of Indian architects to flourish as well as views of architecture allied professionals on the same.


Research Intent 

The objective of our Seminar is to look into, “How regulations in India discourage architects from becoming competent, both locally as well as globally.”

Scope

- Council of Architecture Guidelines.
- Architect’s Act 1972.
- Foreign Architecture Regulations.
- Opinions of Architects (Interviews.)

Ramming Up Certain Sections of The Architect's Act

- Section 23 – registration of an architect, firm of architects, LLP of architects.
- Section 37 – the role of foreign architects in India.
- Section 45(2)(i) – standards of professional conduct  and code of ethics- ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS, 1989


Why this discussion ?
  • Architect's Act 1972 - Now Obselete
  • High risk in starting and running a firm in India
  • Overwhelming employee to employer ratio.
  • Lowest average salary in the world (~Rs 350,000)


Fig 1: Average annual salaries of architects around the World (in Lakhs Per Annum)
Sources : Various sources like www.archdaily.com;  https://www.bls.gov/oes/current/oes171011.htm;  http://www.archdaily.com/242054/whats-the-best-country-for-architects-to-find-work/ etc..  Graphic: Authors


Section 23- Architect's Act, 1972

Introduction

The Section 23 of the Architect’s Act, 1972 talks about the registration of architects. It deems the COA responsible for the maintenance of such register. The contents of the register shall contain particular information like:

  • a. The full name with date of birth, nationality and residential address of the architect;
  • b. His qualification for registration, and the date on which he obtained that qualification and the authority which conferred it;
  • c. The date of this first admission to the register;
  • d. His professional address; and
  • e. Such further particulars as may be prescribed by rules;
The amendment bill of 2010, which is yet to be incorporated in the law, talks about formalising the architecture practice with regard to forming firms/partnerships. Formally the amendment 23A says 

“23A.(1) The Council shall prepare a register of “Firm of Architects” as well as “LLP’s  of Architects” for India with relevant details, on receipt of fee, as may be prescribed by Rules. 

(2) The Council shall prescribe Regulations for renewal, suspension, cancelation or any other related matter with respect to Certificates of Registration and Certificates of Practice, as issued by the Council under the provisos of this Act.” (The Architect’s (Amendment) Bill, 2010)

Register contains information like:

  • a. The full name of the firm / LLP and mailing address of the firm/LLP;
  • b. The full name with date of birth, nationality and residential address of all the partners of the firm;
  • c. Qualification of all the partners in the firm along with and the date on which he obtained that qualification and the authority which conferred it;
  • d. The date of this first admission to the register;
  • e. Such further particulars as may be prescribed by rules;
The act, in its other sections (Section 14 & 15) prescribes the qualifications which are to be recognised as suitable qualifications and deems the holder eligible to be entered in the register (and hence be called an ‘Architect’)

Hence, it is safe to say that under the act, as of now, nothing with respect to architectural practice is formalised. However, the pending amendment bill has tried to validate the same. It recognises (i) Partnership Firms and (ii) Limited Liability Partnership (LLPs) as possible methods or forming professional conglomerate in architectural practice. There are many more possible options.

Need for Amendment

Courtesy: Freepik.com 
The prescribed rules and regulations in India, as defined by the Architect’s Act, 1972, have very few recognised means of forming a partnership or establishing a firm. Before the amendment, there was not much heed given to this part of architectural practice. It can be said that most of the small scale architecture firms in the country are on a Sole Proprietorship principal. The amendment of 2010 however addresses this dearth of validation and comes up with two possible options. Conversely, there are a few other viable options which should be considered along with the ones mentioned in the amendment. A business model which incorporates, say, Private Limited Partnership or Limited Partnership or Public Limited Partnership etc., can give rise to different types and styles of architecture practice. They can be great value additions in terms of delivery and economic viability of the firm. Such business models also protect the partners of the firm from economic liabilities. 

We strongly feel that further freedom is necessary in terms of choosing a partner and the type of practice an architect wants to run, especially at this age of changing roles and an uncertain economic climate of the country as well as the world. 

For Indian architecture practices to become competent with the ones established in the developed world, we need to modify and adapt our businesses, and hence our regulations, to meet the economic needs and quality demands of the global market. 


Why more options ?

  • Need to Scale-Up
    • Qualification criterion not met for large scale process
    • Low paying jobs
    • Insufficient job opportunities for fresh architects
    • Limited number of partners.
  • Limited Scope of Growth- Hitting a glass ceiling
  • Unlimited Liabilities
"All that is valuable in human society depends upon the opportunity for development granted to the individual."

-Albert Einstien


Available Options & Comparisons

Partnership Firm – Best suited for multiple partners and local businesses

Key Features
  • Partnership firm is a more structured entity and requires registration under the Indian Partnership Act, 1932.
  • It can have two to twenty parties enlisted as partners, with each deciding its contributions, duties, responsibilities, salaries/profits, liabilities etc. They come together after signing a partnership deed. 
  • The firm needs to be registered with the Registrar of Partnerships. The physical presence of each partner is important at time of registration before the registrar. (Suri, 2015)
  • The partnership firm is not a separate legal entity, it has a limited identity for the purpose of tax where the firm is taxed separately from its partners. The individual partners are taxed on their own personal income.
  • It can also be converted into a LLP (the benefits of which have been explained later in the report) by filing requisite forms with the Registrar of Companies (ROC). (Suri, 2015)
  • It is relatively easier to arrange for finances when compared to Sole Proprietorship.
  • Foreign investment is not allowed to start a Partnership.
  • Existence of a Partnership business is dependent on the Partners. Could be up for dissolution due to death of a Partner.
  • Non-transferable ownership.
  • No requirements to conduct annual statutory meetings.
Pros
  • More structured and regulated by Indian Partnership Act.
  • Relatively easier to obtain finances, (i.e. through contributions of partners) but other legal entities provide better channels for the same.
  • Less cumbersome to wind up if the partners so desire. This is a big factor when the founders are looking to start a venture more as an ‘experiment.’ (Suri, 2015)
  • Less or no legal formalities required to start and run a partnership business.
Cons
  • There is a cap to the number of partners a firm can have (i.e. 20).
  • Physical presence of all partners before the registrar is imperative for all the partners. This is difficult when the partners are based in different cities/countries.
  • The owners are held responsible for liabilities of the firm.

Limited Partnership (LP) – Best suited for local businesses, looking for external finance

Key Features
  • In a limited partnership, there are one or more general partners and one or more limited partners. The general partners participate in management and have 100 percent of the liability for partnership obligations. (Morrow, 2009)
  • The general partners are responsible for all the liabilities of the LP. Their share of the profit is agreed upon by the partnership agreement. 
  • Other legal entities can also constitute general patterns.
  • Limited partners contribute to the business only through monetary investment. They are protected from personal liabilities. 
  • Limited partners don’t have to pay taxes on their earnings as dividends for their prior investments. This is because they only receive “dividends” for their share of investment in the business and they are not considered self-employed as long as they stay passive in the business operation.  
  • Limited partners don’t have to pay self-employment tax as general partners do. (Associates, 2012)
  • They also don’t have any voting or managerial rights.
Pros
  • Can attract external finance easily. Financers can easily enter the firm as they will be limited partners with no liabilities or responsibilities of the business. 
  • Limited partners don’t have their personal assets are not put to risk.
  • There is no double taxation in LP’s.  Double taxation happens in corporations because the corporation pays income taxes on its profits, and then uses the remaining profits to pay dividends to shareholders, who again pay their own individual income tax on it.  Thus, the same profit gets taxed twice.  However, with partnerships, the partners themselves are taxed on their personal income tax returns for their share of ownership in the partnership, which usually amounts to less taxation.(Associates, 2012)
Cons
  • 100% financial liability of general partners.
  • No limited liability to the investor participating actively in the management of the form
  • Shares cannot be publicly traded in the stock market, due to nature of business and the regulations controlling the conglomerate.
  • The limited partners cannot have any say in the working of the business even if they disagree with the decisions made by the firm.

Limited Liability Partnership (LLP) – Easy to setup and operate + credible

Fig 2: LLP Structure <https://www.quora.com/How-can-a-business-be-started-with-10-INR-in-India> Viewed on 15/09/2016
Key Features

  • A Limited Liability Firm is governed by the regulations prescribed by the Limited Liability Act, 2008. 
  • Registrar of Companies (ROC) is the governing officer for issues related to LLP.
  • LLP is a separate legal entity registered under the LLP Act, 2008.
  • There should be at least two parties involved in an LLP. There is no upper limit on the number of partners.
  • In a LLP all partners enjoy limited liabilities. Partners is liable only to the extent of their contribution to the LLP.
  • There are certain formalities and fees involved in the process of starting a LLP. These however are less complicated compared to day-to-day formalities involved with other legal entities like Private Limited Company.
  • Foreign investment is allowed in a LLP only with prior approval of Reserve Bank of India and Foreign Investment Promotion Board (FIPB) approval.
  • Existence of a LLP is not dependent on the Partners. Could be dissolved only voluntarily or by an Order of the Company Law Board.
  • No requirements to conduct annual statutory meetings.
  • Transferable Ownership.
  • Filing of Accounts and Statement of Solvency and Annual Return are required
  • Registration charges of Rs 7,499 are required to start a LLP company.
Pros
  • LLPs are often preferred by professional service businesses, such as law firms, accounting firms and financial service firms. This is because partners of an LLP are not liable for the negligence or malpractice claims made against other partners. (Associates, 2012)
  • It is good if there are higher chances of losses in the business. 
  • There is no double taxation in LLP’s.  Double taxation happens in corporations because the corporation pays income taxes on its profits, and then uses the remaining profits to pay dividends to shareholders, who again pay their own individual income tax on it.  Thus, the same profit gets taxed twice.  However, with partnerships, the partners themselves are taxed on their personal income tax returns for their share of ownership in the partnership, which usually amounts to less taxation. (Associates, 2012)
  • The registration process gives the business more credibility.
  • Relatively lower initial fee.
  • No restriction on remuneration to partner. It should be provided in LLP Agreement

Cons

  • Longer registration process and additional formalities during the day –to day functioning of the business. (These however are much less when compared to private limited companies)

Private Limited Company – Can handle larger finances; Good for large scale business and firms
Fig 3 Pvt Ltd. Structure <https://www.quora.com/How-can-a-business-be-started-with-10-INR-in-India> Viewed on 15/09/2016
A private limited company, or LTD, is a type of small business entity which is privately held. This type of business entity limits owner liability or legal protection to their shareholders, maximum number of shareholders is restricted from 50-200, public trading of the shares is restricted for the shareholders.

Key Features

  • The PLC can remain active and can exist only if the annual compliances are met on a regular basis.
  • It also has a minimum requirement of 2 shareholders.
  • Shareholders have protection against the liabilities of the company. Their liabilities are limited to their share or contribution to the company
  • Shareholders are restricted to offer the shares owned by them to general public over a stock exchange.
  • The strength of the shareholders in fixed or limited, in India it is limited to 50-200.
  • A company will have a minimum of two Directors and the upper limit being 15.
  • Theoretical value of the shares & any, paid in return for the issue of shares by the corporation is limited to the capital which is initially invested.



Pros:


  • The personal assets owned by the shareholders are not affected or is safe,as the shareholders are liable for only the invested money.
  • Shares can be issued at ease to obtain funding from venture capitalists.
  • The company can own property along with current incurring debts.
  • In India it is mandatory to have at least one resident Indian as a Director.
  • A Private Limited Company is not restricted in its business growth as it can be converted to a Public Limited Company unlike LLP.
  • A PLC doesn’t need a mandatory office buildings, it can be established to a residential address
  • The Business looks more established and credible.



Cons:



  • The government of India doesn’t permit a LLP to be converted to a Private Limited Company according to LLP Act, 2008 and the Companies Act, 2013. 
  • The minimum capital which is authorised to initiate should be Rs.100,000, which is relatively expensive. 
  • It is possible for a struck-off PLC to be revived only within the period of next 20 years after the company has become a Dormant Company.
  • It has a long and complicated registration process. 
  • It requires frequent formalities involved in day to day running of the business.
  • The denied profit in the business will still be taxed until you either sell the company or fold it.
  • All yours dealings in not private and must be made public and registered including your salary

According to our survey comprising of almost 25-30 established firms in the city of Delhi and NCR, the following results were reflected: 

Fig 4. Percentage distribution of the preferred practice options by different architectural firms in Delhi-NCR (Source: Survey)
The answers were not very far from expected. Most of them differed from the existing prescribed methods of practice and wanted to explore newer and more liberating means to run their practices.

CONCLUSIONS

After researching and analysing different forms of legal entity options available in India, we can formalise our findings in a tabular format. The observations are based on the parameters selected for comparison. These parameters are based on varied aspects of the spectrum, covering regions like registration, ownership, liabilities etc.

Fig. 5 Comparison chart between various available options (Source: Authors)
Our observations clearly show the difference in different forms of legal entities. We can see some of these types have a clear upper hand over others.   For the purpose of a prosperous and successful architectural practice any of the given options can prove valuable and fruitful. It is entirely up to the architect to decide upon his/her business model. However, options like LLP and Pvt Ltd. appear to be more suitable for our requirements. 

Out of the two, LLP seems to have fulfilled most of the criterion most efficiently. Conversely, other legal conglomerate have their own merits which can prove their worth in a different kind of a professional setup. These options can be chosen based on the scale of the firm (Smaller/ local businesses could prefer Partnership or LP whilst larger firms do better with LLP or Pvt. Ltd), aspirations of the architect (As per our interviews, a few architects seem apprehensive about starting a Pvt. Ltd, as they claim not to be overly involved in a large commercial enterprise and are satisfied with a self-sustaining local business.) etc.


Section 37- Architect's Act, 1972

COLLABORATION WITH FOREIGN ARCHITECTS AS PARTNER: SECTION 37


(1) After the expiry of one year from the date appointed under sub-section (2) of section 20, no person other than a registered architect, or a firm of architects shall use the title of title and style of architect:

Provided that the provisions of this section shall not apply to-

(a) Practice of the profession of an architect by a person designated as a “landscape architect” or “naval architect”;
(b) A person who, carrying on the profession of an architect in any country outside India, undertakes the function as a consultant or designer in India for a specific project with the prior permission of the Central Government.

According to architect act 1972, under sub-section of section 37, any architect from outside of India and who is not registered with COA, cannot practice in India. He/she can only function as designer or consultant in India for a specific project with the prior permission of the central government. As Architectural practice is increasing at rapid speed in global context. To keep pace with the global context, we need to revisit our form of practice in which we can have collaborations with foreign architects. This collaboration will help to achieve maximum technological advantage for the project and global ideas. And this will increase the level of architecture in India. 
This collaboration will facilitate Indian architects to use the experiences of foreign architects in the Indian project and help to handle large sized projects in house. The projects which was earlier designed by foreign architects like Chhatrapati Shivaji International Airport, Mumbai, designed by Skidmore, Owings & Merrill (SOM), an architectural services company of U.S., can be done easily by this collaboration.

This collaboration will also help Indian architectural firms to use the experience of foreign architects as pre-qualification of any larger competition. We suggest, this kind of collaboration will take architecture in India to next level. 

In a case example, the competition of iconic museum of Patna was open Indian and international architects with collaboration. The competition was won by Opolis Architects, a Mumbai based firm with a foreign partner firm MAKI & ASSOCIATES, a Tokyo based firm (Lord.ca, 2012).

The only disadvantage of this collaboration is that foreign architects can take over the projects evolving in India. To get the views of Indian architects about this collaboration, we did interviews and found out that, this disadvantage can be resolved by giving authority to Indian architects to choose whether they need foreign architects to involve or not in any particular project.

This collaboration gives a project global exposure from foreign architects as well as vernacular feeling from Indian architects.




PARTNERSHIP WITH OTHER DISCIPLINE:

SECTION 26A. –PROPOSED ARCHITECTS BILL (AMENDMENT) 2010



The council shall within six months from the date of notification of this amendment in the Official Gazette by the Central Government; cause to be prepared in a manner prescribed by Regulations, a system of issuing Certificate of Practice of Architects.

(1) Only an Architect who holds a valid Certificate of Practice (COP) shall be entitled:

a. To represent himself and sign as a Practicing Architect on drawings, plans or the like, documents including certificates and applications made to Municipalities, Planning/Development Authorities and other statuary bodies in India.

b. To be partner in Firm of Architect or an LLP of Architects.

c. To represent himself as a Practicing Architects in Courts, Municipalities, Planning/Development Authorities and other statuary bodies in India. (Architects Bill 2010 (Amendment), 2010)
According to The Architects Act, 1972, a firm can have only partners who are practicing and registered with COA. It strictly prohibits LLP of architects but the proposed Architect Bill 2010 (Amendment), allows to form LLP of Architects. But according to Architect Bill 2010 (Amendment), LLP can be formed with only those practicing Architects who have Certificate of Practice (COP) and these COP will be given to Architects only. So we see here no chance of partnership of Architects with other disciplines. To flourish the practice of Architecture in India, architects’ partnership with other disciplines will help.


Fig 6. Architecture : at the center of it all (Source: Authors)




Architecture is about a lot of disciplines coming together concurring with the knowledge and expertise to get a building built. So partnership of architects with other discipline will help architects to gain more ideas & knowledge in different disciplines and increase the efficiency of firm. In the words of winner of Pritzker Prize 2016, Alejandro Aravena, “When you don’t know about something, there are two possibilities: you study or you partner with somebody who knows. I did the latter” (Aravena, 2016). Alejandro did partnership with Andres Iacobelli who was a transport engineer by profession.  In Indian context, there are many firms having partnership with other discipline. 

As a case example, Christopher Charles Benninger Architects Private Limited (CCBA) is an Incorporated Company registered in 1999 under the Companies act 1956. The company founded by Prof. Christopher Benninger along with Founder Director Ramprasad Akkisetti is supported by two working Directors, Er. Rahul Sathe and Ar. Daraius Choksi. In this firm, Prof. Christopher Benninger & Daraius Choksi are architects whereas Ramprasad Akkisetti is a doctor by profession and Rahul Sathe is a civil engineer (Ccba.in, 2016).
CP Kukreja Architects, Multi-Disciplinary Architecture & Engineering Firm of Delhi, has partnership of multi-discipline. In this firm CP Kukreja & Dikshu C. Kukreja are Architects on the other hand, another partner of the firm, Mr. S K Nandi is a civil engineer. (Kukreja, 2016) This multi-disciplinary is one of the top 100 firms of the world.  (ArchDaily, 2013)

Architects’ partnership with other disciplines increases the efficiency of the firm. It reduces the dependency on different consultants. It also makes architects’ work easy throughout whole designing process. Project coordination becomes much easier than normal firm.


Section 45(2)(i)- Architect's Act, 1972


“Marketing has no place in architecture – it’s a gentleman’s profession in which you don’t promote yourself or advertise. Hanging your shingle up and doing exceptional work should be enough” 

- AIA forums.

ARCHITECTS (PROFESSIONAL CONDUCT) REGULATIONS, 1989

Under Section 2, the regulation states the following restrictions over the Indian architects on advertising or promoting their professional services. The Section is as stated below,

2 (1)xxv. shall not advertise his professional services nor shall he allow his name to be included in advertisement or to be used for publicity purposes save the following exceptions:- 

(a) A notice of change of address may be published on three occasions and correspondents may be informed by post,

(b) an Architect may exhibit his name outside his office and on a building, either under construction or completed, for which he is or was an Architect, provided the lettering does not exceed 10 cm. in height,

 (c) advertisements including the name and address of an Architect may be published in connection with calling of tenders, staff requirements and similar matters, 

(d) May allow his name to be associated with illustrations and descriptions of his work in the press or other public media but he shall not give or accept any consideration for such appearances, 

(e) may allow his name to appear in advertisements inserted in the press by suppliers or manufacturers of materials used in a building he has designed, provided his name is included in an unostentatious manner and he does not accept any consideration for its use, 

(f) May allow his name to appear in brochure prepared by Clients for the purpose of advertising or promoting projects for which he has been commissioned, 

(g) May produce or publish brochures, pamphlets describing his experience and capabilities for distribution to those potential Clients whom he can identify by name and position, 

(h) May allow his name to appear in the classified columns of the trade / professional directory and/or telephone directory/ website.

REFERENCES FROM FOREIGN COUNCILS

UNITED KINGDOM

Standard 3: Honest promotion of your services
3.1 You are expected to promote your professional services in a truthful and responsible manner
3.2 In advertising and promoting your professional services you should comply with the codes and principles applying to advertising generally. These include those of the Advertising Standards Authority or any other body having oversight of advertising standards in various media.

SINGAPORE
BOARD OF ARCHITECTS, SINGAPORE

Architects Act 1991 
The Schedule (Code of Professional Conduct and Ethics) 
(Act 22 of 1991, Section 38, The Schedule) - Part I & II
CPCEII Rule 1 - Media participation and their conduct 

(1) An architect may – 

(a) contribute articles for publication in any publication or journal on any matter of architectural interest; 

(b) receive remuneration for any contribution in any seminar or conference or the like by way of written papers or participation other than as a member of the audience; and 

(c) receive remuneration for his contribution to the publication of any book or other literature. 

(2) An architect may - 

(a) participate in forums; or 

(b) be interviewed through the media, in a manner not otherwise prohibited by this Schedule, where the object of such forum or interview is to promote interest in architecture or in the profession. 

(3) An architect shall be at liberty to attend and participate in any function or ceremony which is held in connection with any building project.

CPCEI Rule 5 - Advertising 

(1) An architect may, subject to this paragraph, publicize his practice or allow his employees or agents to do so.

5(e) where the publicity makes any direct or indirect mention of any building project, he shall state his specific involvement in that project and give due credit to any other architect involved in that project.

(7) It shall be the responsibility of every architect to ensure that any publicity relating to his practice complies with this paragraph, whether such publicity is conducted by him or any other person on his behalf.

Inference
A wide spectrum of possibility for exposure of architects is enabled by the rules set by Board of Architects, Singapore under Architects Act, 1991.

Under Section 38, Rule 1 gives freedom of media participation of different forms. These include: 

- allows contribution to publication, conferences, seminars, forums, interviews and any other ceremony related to the discipline (Section 38, Rule 1, (1), (2)), and

- allows to  receive remuneration for the same.(Section 38, Rule 1, (1)c)

Under Section 38, Rule 5 gives freedom of advertising by different means.

- allows agents to advertise for the architect (Section 38, Rule 5, (1))

- allows employees to advertise for the architect (Section 38, Rule 5, (1))

- allows an architect to publicize his works and past projects. (Section 38, Rule 5, (5)(e))

- allows any other person to publicize on the architect’s behalf. (Section 38, Rule 5, (7))
such appearances, 

Efforts by professional bodies:

In Britain we’ve got something called “Architect in the House,” which is a joint initiative by RIBA, and a housing charity called Shelter. 
Every year, they do a campaign to put architects in touch with homeowners who want to extend or modify. They bring them together and the homeowner gives a small sum to the homeless charity for the initial consultation and after that it becomes a regular fee based work for the rest of the design work of the project.
This process runs well in Britain as James share his experience, “So, the charity gets something out of it, and the client got an architect who was a registered architect with the RIBA. They felt they got someone that they could trust and I got the project out of it.”  (Butterworth, 2014)


CONCLUSIONS

The following forms of advertisement derived from foreign councils will help in promotion of Indian Architects:
The signs:  Sign boards in front of buildings designed by the architect while under construction, helps promote the architect publically and expose to potential clients. As James shares,“If you put a sign in front of your project when it’s being built, especially if it’s on a main road, or even if it’s on a quiet road, people will see your name…” (Butterworth, 2014).
Advertising in local magazines: Giving logo and information on type of work done by the architect, also include some sample projects dealt by the firm. 

Web presence: Taking a place in Lead-generating websites, which are trusted websites by the mass help the architect to surface among others. Creating a website to promote your services and  

Little postcard leaflet: Such postcards also help advertising the work of the architect to a certain extent and drive relevant projects. The UK based architect shares, “So, when I’m going to a site or if I’m out and about, I’ll walk down the street and put it through the letter boxes, and I get a bit of work through there” (Butterworth, 2014).

Referral partners in similar disciplines: Making referral partners, especially those who have a strong base of clients for themselves and are well established, are good source for advertising. Any recommendation by such established company is trusted by the clients and gives the architect an opportunity to serve a new client.  

Reference Forms: these are somewhat similar to a feedback form which the architect gets after the project is complete. This helps both in improving the work done by the firm (as per the client’s feedback) and maintain a rich collection of projects done by the architect in the past, along with a satisfaction report by the client. Such reports become a part of circulars and pamphlets which help in attracting new clients and engaging better with them.


REFERENCES



1. Anon, (2016). [Online] Available at: https://www.quora.com/What-are-the-pros-and-cons-of-a-Limited-Liability-Partnership-LLP-registration-versus-a-Private-Limited-registration-for-Indian-startups [Accessed 10 Oct. 2016].

2. Aravena, A. (2016). Alejandro Aravena's Pritzker Prize Acceptance Speech. [Online] ArchDaily. Available at: http://www.archdaily.com/786226/alejandro-aravenas-pritzker-prize-acceptance-speech [Accessed 18 Sep. 2016].

3. ArchDaily. (2013). The 100 Largest Architecture Firms In the World. [Online] Available at: http://www.archdaily.com/330759/the-100-largest-architecture-firms-in-the-world [Accessed 9 Oct. 2016].

4. Architects Bill 2010 (Amendment). (2010). 

5. Architects Registration Board, United Kingdom, (2009). Architects Code: Standards of Conduct and Practice. London: ARB, pp.Standard 3,4.

6. Associates, Z. &., 2012. Limited Partnership (LP) & Limited Liability Partnership (LLP). [Online] Available at: http://www.hooyou.com/business-entities/lp-llp.html [Accessed 13 Oct 2016].

7. Board of Architects, Singapore, (1991). The Architect's Act. Singapore: Board of Architects, p.Section 38.

8. Butterworth, J. (2014). Direct Advertising Methods for Architects.

9. Business of Architecture. (2011). Is It Unethical For Architects To Market Or Advertise Their Firm?. [Online] Available at: https://www.businessofarchitecture.com/architect-marketing/is-marketing-against-your-ethics/ [Accessed 2 Oct. 2016].

10. Ccba.in. (2016). CCBA - Christopher Charles Benninger Architects. [Online] Available at: http://www.ccba.in/public/index.php/about [Accessed 24 Sep. 2016]

11. Kukreja, C. (2016). C P Kukreja Associates - One of the Top 100 Architectural Firms. [Online] C P Kukreja Architects. Available at: http://www.cpkukreja.com/ [Accessed 5 Oct. 2016].
12. Lord.ca. (2012). BIHAR MUSEUM ARCHITECT ANNOUNCEMENT. [Online] Available at: http://www.lord.ca/Media/2012.02.16.bihar-museum-architect-selection-press-release.htm [Accessed 4 Oct. 2016].
13. Morrow, S., 2009. Partnerships: Pros and Cons. [Online] Available at: https://www.legalzoom.com/articles/partnerships-pros-and-cons [Accessed 13 October 2016].
14. N64lx2lq95u2imp6vfzubo69.wpengine.netdna-cdn.com. (2016). [Online] Available at: http://n64lx2lq95u2imp6vfzubo69.wpengine.netdna-cdn.com/wp-content/uploads/2014/10/Client-Satisfaction.jpg [Accessed 14 Oct. 2016].
15. South African Council for the Architectural Profession, (2009). The Code of Professional Conduct. Durban: SACAP, p.Rule 3.
16. Suri, D., 2015. What is the best legal entity for your business?. [Online] Available at: https://yourstory.com/2015/03/business-legal-entity/ [Accessed 13 Oct 2016]


LIST OF FIGURES

Fig 1: Average annual salaries of architects around the World (in Lakhs Per Annum)
Sources : Various sources like www.archdaily.com;  https://www.bls.gov/oes/current/oes171011.htm;  http://www.archdaily.com/242054/whats-the-best-country-for-architects-to-find-work/ etc..  Graphic: Authors


Fig 3 Pvt Ltd. Structure <https://www.quora.com/How-can-a-business-be-started-with-10-INR-in-India> Viewed on 15/09/2016

Fig 4. Percentage distribution of the preferred practice options by different architectural firms in Delhi-NCR (Source: Survey)

Fig. 5 Comparison chart between various available options (Source: Authors)

Fig 6. Architecture : at the center of it all (Source: Authors)



Comments

  1. I apologise for the poor formatting of the document. I tried changing the font sizes to normal but the document editor won't do it even after trying several times. Infact it is set to smallest in many places which I never intended to you.

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