Architects Competence: factsheet
Updated 5 April 2022
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This publication is available at https://www.gov.uk/government/publications/building-safety-bill-factsheets/architects-competence-factsheet
What are we going to do?
In order to promote best practice in the architectural sector, the Government will give the Architects Registration Board (ARB) the power to monitor and assess competence of architects throughout their careers in the forthcoming Building Safety Bill.
Government will also give the ARB powers to publish disciplinary orders against an architect on the Register in the forthcoming Building Safety Bill. This is to improve transparency, promote public confidence in the profession, and may deter poor professional conduct or incompetence.
How are we going to do it?
The government will introduce a provision in the Building Safety Bill which will allow the ARB to expand the requirements for competence to practise to also include the undertaking of recent training.
This provision also includes requirements for the prescription of this training and practical experience and allows the ARB to remove architects from the register who fail to meet these requirements. The details of this system of competence monitoring will be developed within the ARB’s Competence Review.
The ARB will set the criteria after consultation with the sector, including other relevant bodies.
The Building Safety Bill will also amend the Architects Act 1997 to allow the Register to show disciplinary orders, and the period of time for which an order will be listed will be prescribed by the ARB Board. The government will work with the ARB to determine the length of time a disciplinary order shall be listed on the register.
Background
Part A of the consultation on proposed amendments to the regulation of architects built on the recommendations from Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety. The government accepted all the independent review’s findings and recommendations and is bringing forward fundamental reforms of the entire regulatory system through the Building Safety Bill, which places greater accountability and responsibility for fire and structural safety issues throughout the lifecycle of buildings in scope of the new regulatory regime for building safety, including in the building’s design phase.
The Architects Act 1997 currently provides the Architects Registration Board (the ARB) with the power to prescribe the entry requirements for individuals seeking to join the register. This power does not extend to the continued scrutiny of an architect’s competence throughout their career.
Disciplinary orders against an architect reached by the Professional Conduct Committee (PCC) are currently published on the ARB’s website. The PCC may issue a reprimand, impose a penalty order (fine), issue a suspension or order an erasure from the architects register.
What is being done to ensure the competence of other professionals in the built environment and construction sector?
The Bill places a duty on everyone working on buildings to ensure that they and people they employ are sufficiently competent for their roles. For higher-risk buildings, it is essential that the key roles with oversight and responsibility over building safety at each stage of building life cycle are sufficiently competent to carry out their duties under the new regime.
Legislation will place a duty of competence on anyone carrying out design or building work to have the relevant skills, knowledge, experience and behaviours for their role.
For higher-risk buildings, the key roles with oversight of building safety over a building’s life cycle, namely the; Principal Designer, Principal Contractor and Building Safety Manager, must be competent to perform their roles under the new regime. The Client and the Accountable Person must take reasonable steps to ensure those appointed to these roles are competent.
How will the competence regime be determined?
The details of this system will be developed within the ARB’s Competence Review. The ARB will set the criteria after consultation with the sector, including other relevant bodies.
This system will be subject to oversight by the department, as part of our business-as-usual sponsorship role.