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The importance of having a
written form of appointment

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Why do architects need a written

form of appointment?
For most practices this is obvious – clear terms are
needed to define the parties’ obligations and rights, ‘The RIBA Professional Services
and hence avoid possible confusion and disputes.
They protect the architect’s interests, limit their liability, Contracts are more modern,
and from the client’s perspective provide a detailed appealing, and easier to use
explanation as to what to expect from their architect,
including delineating services that will and will not
than their predecessors.’
be included for the fee.
Professor Sarah Lupton, Principal, Lupton
However, despite these common-sense reasons, Stellakis and chair at Cardiff University.
there is evidence that some architects still operate
without any written terms, or with very limited and
inadequate ones, and anecdotal evidence shows
many architects are reluctant to put ‘formal’
documents before their clients before any work
is commenced. A check undertaken by the RIBA
Professional Standards team found that, in 2018,
26% of the professional conduct cases raised
related to allegations of insufficient or non-existent
terms of appointment, and that 25% of the hearings
in these cases resulted in RIBA Members being
sanctioned for breaches of the RIBA Code of
Professional Conduct.

Standard Concise Domestic

Professional Services Professional Services Sub-consultant Principal Designer Professional Services
Contract 2020 Contract 2020 Professional Services Professional Services Contract 2020
Architectural Services Architectural Services Contract 2020 Contract 2020 Architectural Services

Royal Institute of British Architects Royal Institute of British Architects Royal Institute of British Architects Royal Institute of British Architects Royal Institute of British Architects

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Ensure you always have a

written form of appointment
It is imperative to have a written agreement in place
before you start work on a project (as required by
both The Architect’s Code (ARB) and The RIBA
Code of Professional Conduct) otherwise you risk
allegations and findings of serious professional
misconduct. In the event of a complaint, one of the
first questions that the ARB and/or RIBA will ask is
whether you have a written form of appointment.

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Ensure you select the right contract

Ensuring that you have the right contract for the
right client and project is essential. A project on
a house which is not the primary residence of the
client is a commercial project and requires that
you choose the RIBA Standard or Concise form
of Professional Services Contract, and not the
RIBA Domestic Professional Services Contract.
For a ‘domestic’ client the Consumer Rights Act
applies which gives the client greater protection
and rights in a court of law.

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Always clearly explain, negotiate and

agree your terms of appointment
with your client
All contract terms should be individually explained,
negotiated and agreed with the client before you
start work, particularly any terms which might be
considered unfair or difficult to understand (on
payment, liability and dispute resolution) – this is
particularly important with consumer clients in
order to ensure compliance with consumer
protection legislation.

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Inform the client of your complaints

procedure and the ADR options
Ensure that the client is aware of your internal
complaints procedure and understands the
alternative dispute resolution options available.
If you do encounter problems, always try to talk
to the client to resolve the issues first, and
consider using mediation, before entering into
formal alternative dispute resolution or, as a last
resort, litigation.

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For commercial clients, use a

separate form of appointment for
the role of principal designer
If you are going to undertake services of a
‘principal designer’ for a commercial client,
use a separate professional services contract
and inform your professional indemnity insurer
that you are undertaking the role, confirming that
you have the appropriate PI cover.

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Always check that contract terms

do not extend your duties beyond
exercising reasonable skill and care
Consult your professional indemnity insurers and
seek legal advice on any amendments or bespoke
contracts. Look for any conflicting or onerous terms
or references, particularly, fitness-for-purpose
obligations, which may impose duties beyond your
common law obligation to exercise reasonable skill,
care and diligence and may not be covered by
standard professional indemnity insurance policies.

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Keep the client informed

Always keep the client informed – as soon as you
become aware – of any material issues or decisions,
information or action required that will impact on the
brief, cost, programme or quality of the project.

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Check the terms and

implications of novation
If you agree to novation, or are asked to sign a
collateral warranty, it is advisable to seek independent
legal advice. Ask your PI insurance provider to approve
the wording to ensure that you are not taking on
onerous terms.

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Clearly set out how your

fee has been calculated
Make it very clear to the client what is included and
not included in your fee, and how the fee has been
calculated. Specify the frequency or number of
meetings and site visits and state what expenses
are included.

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Note any changes in writing

Bring up any adjustments to fees at the point when
the scope of the project is changed, keep a record of
additional work, reasons for changes and how the
project will be affected.

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Agree data formats at the outset

Agree the format for the output of all data, drawings
and information with the client from the outset to
avoid any misunderstandings about the deliverables
to be provided. Ensure the design team are working
to a common standard that will allow data and
information to be shared and transferred easily.

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Ensure that the Schedule of

Services is accurate
Your schedule of services should accurately reflect
the client’s requirements and the project brief, state
which services are included, which are not, and which
are being carried out by others e.g. a cost consultant
or structural engineer.

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New suite of RIBA Professional

Services Contracts (PSCs)
Standard Concise Domestic
Professional Services Professional Services Sub-consultant Principal Designer Professional Services
Contract 2020 Contract 2020 Professional Services Professional Services Contract 2020
Architectural Services Architectural Services Contract 2020 Contract 2020 Architectural Services

Royal Institute of British Architects Royal Institute of British Architects Royal Institute of British Architects Royal Institute of British Architects Royal Institute of British Architects

The new RIBA PSCs are clear, concise and easy  IBA Principal Designer Professional Services
R
to understand and can be used across projects of Contract 2018 – for commissions procured on any
every scale and complexity. There are currently five form of building contract and for projects of any value
contracts in the suite:
RIBA Domestic Professional Services Contract
 IBA Standard Professional Services Contract
R 2018: Architectural Services – for all domestic
2018: Architectural Services – for large, more projects (includes principal designer appointment)
complex commercial projects

 IBA Concise Professional Services Contract 2018:

R Create, draft and finalise contracts in digital format
Architectural Services – for smaller, less complex RIBA Contracts Digital provides you with greater
commercial projects flexibility when you are creating, drafting and
finalising your RIBA PSC. RIBA Chartered
 IBA Sub-consultant Professional Services
R Members receive a £10 discount on all digital
Contract 2018 – where an architect wishes, or is RIBA Contracts purchased.
required by the client, to appoint a sub-consultant
to carry out part of their services; or where one
architect is to be sub-contracted to another architect

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