Closed call for evidence

Review of architects regulation: call for evidence

Published 16 August 2021

This was published under the 2019 to 2022 Johnson Conservative government

Ministerial foreword

The United Kingdom’s architectural sector is one of the best in the world – with first-class educational institutions, world-leading practices and a healthy export market. The United Kingdom also has a vibrant small and medium sized enterprise (SME) sector who operate at local level to ensure that the places where we live, work and play suit our communities.

The challenges presented by the COVID-19 pandemic has reinforced the importance of putting placemaking at the heart of design, ensuring that we build communities where people can truly thrive and succeed. Our ambition to reach Net Zero carbon by 2050 has furthered the need to embed sustainability into design principles when considering our approach to the built environment.

In conjunction to the challenges we face, we must also heed the whole system of Building Safety issues which have been exposed and to fundamentally ensure that regulation protects the public. For levelling-up to become a reality we must make sure that the profession is inclusive and progressive, which will be vital as we start to deliver the much-needed homes and infrastructure the country needs.

To achieve this vision, we want the profession and the sector to be forward looking, diverse and innovative, challenging the way we think about the built environment and moving the whole country forward through better design. We must ensure that our architectural sector remains world leading as we rise to meet these challenges and we want to make sure that government provides suitable support to achieve that ambition.

The time is right to have a bigger and longer-term focused conversation with the architectural sector about the purpose of regulation and government policy in this sector and how they could be improved to deliver a modern, innovative, accessible and diverse profession that delivers better, greener and safer design and construction in the built environment.

We want to identify opportunities to improve and develop the current regulatory framework so it better supports the development and growth of the profession, enhances quality within the sector and is focused on outcomes.

This is a view shared by the Architects Registration Board. Their support in undertaking this Review is welcome.

This call for evidence constitutes the first part of that process by gathering the views of the architectural sector on their experiences of what is working well and what can be improved. It will explore regulation, areas for innovation and whether the architectural profession is inclusive. Of course, any amendments to architectural regulation will also affect the wider architectural and construction sector.

We want to hear from anyone who works in design, construction or academia and the implications that this may have for your fields.

The Rt Hon Christopher Pincher MP
Minister for Housing

Scope of the call for evidence

Topic of this call for evidence

This call for evidence considers the current form of regulation for architects and the architectural sector in the UK. It seeks views on a range of topics including forms of regulation, access to the architectural profession, sustainability and innovation.

Scope of this call for evidence

This call for evidence on architectural regulation has a wide scope in order to understand what is working well, what could be improved and what could be reformed. Views are sought on a range of topics which will inform future policy development by the Ministry of Housing, Communities and Local Government.

Geographical scope

This call for evidence relates to England, Scotland, Wales and Northern Ireland.

Basic information

This consultation is primarily aimed at welcoming views from:

• architects
• lecturers or academics in architecture or related fields
• employees of architectural practices
• students of architecture or related fields
• architectural practices
• procurers of architectural services
• employers of architects
• wider construction and built environment professionals

Body/bodies responsible for the call for evidence

The Architects Team within the Ministry of Housing, Communities and Local Government (MHCLG).

Duration

This consultation will last for 12 weeks.

Enquiries

For any enquiries about this consultation please contact ArchitecturalReview@communities.gov.uk.

How to respond

We strongly encourage responses via the online survey. Using the online survey greatly assists our analysis of the responses, enabling more efficient and effective consideration of the issues raised.

Should you have any questions or experience problems with the online survey please contact us at: ArchitecturalReview@communities.gov.uk.

In light of current advice on homeworking during COVID-19, we ask that you do not send in responses via post to the department, as we may not be able to access them.

Next steps

This is the first step in a longer process; as part of this process, a series of workshops based on the topics discussed in the document will be organised. There is an option at the end of the call or evidence to indicate your interest in attending one of these sessions.

1. Introduction

Summary

1. Regular review of regulations and regulatory bodies is part of government’s policy on better regulation. As the sponsoring department for the Architects Act 1997 and the professional regulator, the Architects Registration Board (ARB), the Ministry of Housing, Communities and Local Government (MHCLG) last reviewed the ARB in 2014 and published the report in 2017. Due to changes arising in the regulatory regime of architects following our exit from the EU, future trade agreements and building safety reform, we are launching this review to inform the future for architects regulation in the UK.

2. As the statutory regulator for architects in the UK, the ARB is a key partner to delivering regulatory improvements for the sector. This review will run in parallel to the ARB’s Competence Review, which is looking at both initial education and training (the competencies required to join the architects register) and what architects should do to maintain competence (particularly through the development of a new statutory CPD system). MHCLG will continue working closely with the ARB throughout the process to ensure that outcomes of these workstreams are joined up.

Approach

3. The review will gather information and strengthen the evidence base to inform future government policy on whether the current regulation of architects in the UK can be improved, how diversity and access to the profession can be promoted, and how it can better support better outcomes such as sustainability and innovation.

4. The review will be open and inclusive. We will consult widely through a call for evidence and stakeholder workshops, as well as draw on evidence from experts and stakeholders. We will also utilise desktop research to consider precedent set by other countries and professions.

5. We welcome views on our proposals and encourage all those within the architectural industry to inform our final decisions to ensure they are effective. As this consultation will inform future policy development in the architectural and construction sector, the government invites all architects, as well as those involved in the wider education or practice of architecture, to voice their opinions and experiences through this form.

6. The government will then publish a report on its findings, including any recommendations for future government policy.

2. Background

1. The Architects Registration Board (ARB) is the statutory regulator of architects in the UK, as established by the Architects Act 1997. The ARB’s key objectives are to protect the users and potential users of architects’ services and support architects through regulation. The ARB do this by:

• maintaining the Architects Register, a publicly available tool to confirm whether someone is a UK architect
• setting the education and training requirements for trainee architects, through the prescription of qualifications, to join the register
• ensuring only appropriately qualified applicants from the UK and overseas join the register
• setting and enforcing the professional standards expected of UK architects
• taking action against those who call themselves an architect illegally

2. In the UK, the title of architect is protected. Protection of title means that it is an offence for an individual to call themselves an architect unless they are registered with the ARB. To join the register, an individual must complete all 3 stages of an architectural education in the UK (Parts 1, 2 and 3) or apply to the ARB under one of their international recognition routes. However, there are no restrictions on people designing buildings or undertaking the same type of work as architects, providing they do not use the title in doing so. It is common for an individual to perform the architectural functions under the title of “architectural designer” or “architectural consultant”.

3. The Building Safety Bill will take forward the government’s commitment to fundamental reform of the building safety system, following Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety. The government plans to make amendments to the Architects Act 1997 to ensure greater competence amongst UK registered architects; provisions will apply to all architects on the register. These amendments seek to improve the competence of architects, primarily through a new ability for the Architects Registration Board (ARB) to define, enforce and maintain the competence of architects on the register. The Bill will also introduce a power to amend the fee provisions in the Architects Act 1997. The architect provisions in the Building Safety Bill sit alongside wider requirements for those carrying out design and building work to have the relevant competence to carry out their role in a way that achieves safe and high-quality outcomes.

4. In January 2020, the United Kingdom formally left the European Union and in doing so, have the opportunity to revise and reform many of our regulatory processes. This opportunity extends to establishing a process for the recognition of international architects independent from EU law and establishing new trade agreements. We intend to use the Professional Qualifications Bill introduced in Parliament in May 2021, led by the Department for Business, Energy and Industrial Strategy, to allow the ARB to enter into mutual recognition agreements and establish whether international qualifications are deemed equivalent to UK standards. A holder of these qualifications would then be able to register in the UK, provided they meet any compensation measures set by the ARB.

5. The proposals relating to architects under the Building Safety Bill and the Professional Qualifications Bill were consulted on from November 2020. The government response to this consultation was published on 8 June 2021.

3. Questions

Biographical details

I. Are you an:

(a) Architect
(b) Student
(c) Non-architect

II. If you have answered (a), please select all the following that apply:

(a) Registered with the Architects Registration Board
(b) A member of an architectural professional body (i.e. RIBA)
(c) Internationally qualified architect
(d) Lecturer or educator of architectural students
(e) Partner (or above) in an architectural firm

III. (follow up to II) If you answered (e), how large is your firm?

(a) 1-4 people
(b) 5-9 people
(c) 10-19 people
(d) 20-49 people
(e) 50-99 people
(f) 100+ people

IV. (follow up to I) If answered (b), are you:

(a) Currently undertaking a Part One qualification or Part One year out
(b) Currently undertaking a Part Two qualification or Part Two year out
(c) Currently undertaking a Part Three qualification
(d) Previously an architectural student, but chose to not complete full qualification to be an architect
(e) A student of a different field

V. (follow up to I) If answered (c), are you a:

(a) Client or procurer of architecture
(b) Employer of architects
(c) Employee of an architectural practice
(d) Manager within an architectural practice
(e) Architecture or construction professional who fulfils architectural functions
(f) Project manager
(g) Technologist
(h) Engineer
(i) Contractor
(j) Planner
(k) Academic in architecture or a related field
(l) Other (please specify)

Architects Registration Board (ARB)

The ARB is the statutory regulator of architects in the UK. The government wants to understand how the regulator is perceived by architects, as well as the wider design and construction sector.

1. Are you familiar with the work and the remit of the ARB?

(a) Yes
(b) No

2. Do you value your registration with the ARB?

(a) Yes
(b) No
(c) Not sure

3. Do you have confidence in the ARB to deliver regulatory reform?

(a) Yes
(b) No
(c) Unsure

4. Please feel free to expand on any of your answers

Value of the qualification

These questions seek to consider the successes of the current process of architectural education, alongside the areas for improvement.

5. Why did you pursue a profession in architecture?

6. What do you value about your architectural education?

7. What do you value about being part of the architectural profession?

8. Did your architectural education prepare you for working in practice?

(a) Yes
(b) No
(c) Partly
(d) Unsure

9. Did your architectural education provide you with the knowledge required to design safe buildings?

(a) Yes
(b) No
(c) Partly
(d) Unsure

10. Do you believe that anything was missing from your architectural education?

11. Do you believe that there is a need for greater specialisation within architecture?

(a) Yes
(b) No
(c) Unsure

12. If yes, at what stage do you think specialisation should take place?

(a) During pre-registration education and training (i.e. Parts 1-3)
(b) Early career post-registration
(c) As part of advanced practice

13. How much do you interact with architects or architectural practices?

(a) Always
(b) Often
(c) Sometimes
(d) Rarely
(e) Never

14. What skills, knowledge, experience or behaviours do you value in architects or architectural practices?

Early career architects

With these questions government want to understand the successes of the architectural education process for producing “Day One” architects, as well as areas for improvement.

15. Are you a recruiter or employer of architects or architectural assistants?

(a) Yes
(b) No

16. If yes, in your experience, is there a sufficient supply of high-quality applicants?

(a) Yes
(b) No
(c) Unsure

17. Are there skills, knowledge, experience or behaviours which, in your opinion, applicants are typically missing?

18. Please feel free to expand on any of your answers

Functions of an architect

These questions seek to consider the purpose and role of the architect in the design and construction process in relation to other professionals.

19. How often do you work with people that fulfil functions commonly associated with architects but who are not fully registered architects with the ARB?

(a) Always
(b) Often
(c) Sometimes
(d) Rarely
(e) Never

20. Do you believe that there are functions for which only a registered architect (or a team which includes registered architects) should be employed?

(a) Yes
(b) No
(c) Unsure

Please elaborate on your answer

21. “The architects I work with are generally competent to fulfil the functions I expect of them.” How true is this statement for you?

(a) Extremely true
(b) Fairly true
(c) Unsure
(d) Fairly untrue
(e) Extremely untrue

22. Do you believe that there any professions within the construction sector which are currently either over-regulated or under-regulated? If so, please state which and why.

23. What changes to regulation could help achieve a strengthened, more accessible, innovative and inclusive architectural sector?

24. In your experience, how likely is it that an architect holds a project manager / leading role in a design or construction project?

(a) Always
(b) Often
(c) Sometimes
(d) Rarely
(e) Never

25. In your experience, are responsibilities shared across a team of people rather than held by a named architect?

(a) Always
(b) Often
(c) Sometimes
(d) Rarely
(e) Never

26. Please feel free to expand on any of your answers

Access to the profession

With these questions, government is seeking to understand common barriers to commencing and completing an architectural education.

27. Did you face any barriers to entering the profession? Please expand on your answer, including whether this was before or after qualification

28. Do you believe that the practice of architects is accessible to and understood by those outside of the profession, for example prospective students or others in the construction industry? Please expand on your answer

(e) Always
(f) Often
(g) Sometimes
(h) Rarely
(i) Never

29. Do you believe that, generally, the profession is inclusive of gender, disability, race and sexuality? Please expand on your answer

(a) Always
(b) Often
(c) Sometimes
(d) Rarely
(e) Never

30. In your opinion, what could be done to improve access to the profession for those from under-represented backgrounds (including socio-economic status, age, gender etc)?

31. Were you familiar with what an architectural course would entail before you began?

(a) Very familiar
(b) Moderately familiar
(c) Neutral
(d) Moderately unfamiliar
(e) Very unfamiliar

32. Did you ever consider not finishing the qualification process to become an architect? Please expand on your answer

33. In your experience, why do students not finish the qualification process to become an architect?

Architectural practice

These questions look to understand the ways in which architecture could become more innovative, alongside a consideration of barriers to the realisation of designs in the final build.

34. In your opinion, are there any barriers to innovation in the architectural / construction sector? If so, what are they?

35. How often does sustainability and/or energy efficiency feature in the design stage?

(a) Always
(b) Often
(c) Sometimes
(d) Rarely
(e) Never

36. How often are these considerations realised in the final build?

(a) Always
(b) Often
(c) Sometimes
(d) Rarely
(e) Never

37. If sometimes, rarely or never, why not?

38. How often does building safety feature in the design stage?

(f) Always
(g) Often
(h) Sometimes
(i) Rarely
(j) Never

39. How often are these considerations realised in the final build?

(f) Always
(g) Often
(h) Sometimes
(i) Rarely
(j) Never

40. If sometimes, rarely or never, why not?

41. Do you believe that architectural education provides an appropriate amount of interaction with other fields of study?

(a) Strongly agree
(b) Moderately agree
(c) Not sure
(d) Moderately disagree
(e) Strongly disagree

42. Do you believe that architectural education would benefit from greater engagement with other disciplines?

(a) Yes
(b) No

43. If yes, which disciplines and for what purpose?

Personal details

44. The Department intends to run a series of workshops to further explore these topics. Would you consent to be contacted to attend one or more of the workshops?

(a) Yes
(b) No

45. If yes, which topics would you be interested to discuss at a workshop? Please select all that apply. Please note: This is an indicative list of workshop topics which may change as we gather and consider responses

(a) Value of the qualification and registration
(b) Diversity and access to the profession
(c) Types of registration and specialisms
(d) Reservation of title and function
(e) Regulation of practices
(f) Sustainability
(g) Innovation and research

46. Please provide:

• your name,
• your position (if applicable)
• the name of organisation (if applicable)
• an address (including postcode)
• an email address
• a contact telephone number

About this consultation

This consultation document and consultation process have been planned to adhere to the Consultation Principles issued by the Cabinet Office.

Representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions when they respond.

Information provided in response to this consultation, including personal data, may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 2018, the General Data Protection Regulation, and the Environmental Information Regulations 2004.

If you want the information that you provide to be treated as confidential, please be aware that, as a public authority, the Department is bound by the Freedom of Information Act and may therefore be obliged to disclose all or some of the information you provide. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

The Ministry of Housing, Communities and Local Government will process your personal data in accordance with the law and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties. A full privacy notice is included below.

Individual responses will not be acknowledged unless specifically requested.

Your opinions are valuable to us. Thank you for taking the time to read this document and respond.

Are you satisfied that this consultation has followed the Consultation Principles? If not or you have any other observations about how we can improve the process please contact us via the complaints procedure.

Personal data

The following is to explain your rights and give you the information you are entitled to under the Data Protection Act 2018.

Note that this section only refers to your personal data (your name address and anything that could be used to identify you personally) not the content of your response to the call for evidence.

1. The identity of the data controller and contact details of our Data Protection Officer

The Ministry of Housing, Communities and Local Government (MHCLG) is the data controller. The Data Protection Officer can be contacted at dataprotection@communities.gov.uk.

2. Why we are collecting your personal data

Your personal data is being collected as an essential part of the call for evidence process, so that we can contact you regarding your response and for statistical purposes. We may also use it to contact you about related matters.

3. Our legal basis for processing your personal data

The Data Protection Act 2018 states that, as a government department, MHCLG may process personal data as necessary for the effective performance of a task carried out in the public interest. i.e. a consultation.

4. With whom we will be sharing your personal data

Personal data will not be shared outside of MHCLG. Any findings that are shared with parties outside of MHCLG will be anonymised to remove any personal data.

5. For how long we will keep your personal data, or criteria used to determine the retention period

Your personal data will be held for two years from the closure of the call for evidence.

6. Your rights, e.g. access, rectification, erasure

The data we are collecting is your personal data, and you have considerable say over what happens to it. You have the right:

a. to see what data we have about you
b. to ask us to stop using your data, but keep it on record
c. to ask to have all or some of your data deleted or corrected
d. to lodge a complaint with the independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law. You can contact the ICO at the ICO website, or telephone 0303 123 1113.

7. Your personal data will not be sent overseas

8. Your personal data will not be used for any automated decision making

9. Your personal data will be stored in a secure government IT system