Conditions of Engagement and Scale of Charges under the Architects (Professional Conduct) Regulations, 1989

Comprehensive Architectural Services

• COA for the smooth conduct of the profession has prescribed details of the services to be provided by architects including details of such services while rendering architectural services
• It includes 10 types of services which architect registered with COA is capable of rendering It also define 5 allied fields where architect can work.
• Architectural services are to be rendered in 7 distinct stages from concept to completion of the project.
• Each stage has been detailed out for the convenience of the architect and the client so as to be clear what is to be expected from architect by client and what architect is required to do in that stage
• It also define the professional fee to be received by the architect for the entire project and for each stage of services rendered
• It also defines the basis on which the fee is to be calculated Additional charges to be paid by client are also defined
• It help in calculating charges to be paid by the client and received by the architect- Rarely in practice these charges are paid- they are not obligatory for architects- left to be settled between client and the architect Comprehensive Architectural Services

Architect is required to provide following services

Part I - ARCHITECTURE:

1. Preparing Design Brief--Taking Client's instructions and preparing design brief.
2. Site Evaluation---impact of existing / proposed development on its immediate environs.
3. Design and Site development.
4. Structural Designs.
5. Designing Public Health Services--Sanitary, plumbing, drainage, water supply and sewerage design.
6. Designing Electrical Services- Electric, electronic, communication systems.
7. Designing HVAC-- Heating, ventilation and air conditioning design (and other mechanical systems).
8. Designing Mechanical System-Elevators, escalators, etc.
9. Disaster Management-- Fire protection and Security systems etc.
10. Periodic inspection -- evaluation of Construction works.

Comprehensive Architectural Services
ALLIED FIELDS:

• Landscape Architecture
• Interior Architecture
• Architectural Conservation
• Retrofitting of Buildings
• Graphic Design and Signage Stage
• Drawings For Client’s approvals -- Statutory Approvals Stage
• Working Drawings & --Tender Documents Stage
• Inviting /Analysing Tenders, appointment of Contractors Stage
• Construction & Supervision Stage
• Completion

Schedule of Architectural Services

Architect after taking instructions from Client, render following services:

CONCEPT DESIGN [STAGE 1]:-10%
Ascertain Client's requirements
Examine site constraints& potential
prepare a design brief for Client's approval. Prepare report on site evaluation, / state of existing buildings, if any;
analysis impact of existing/ proposed development on environs.
Prepare drawings/ documents for Client to get done detailed survey & soil investigation of the site
Suggest measures required to mitigate adverse impact of the Existing / proposed development on its immediate environs.
Prepare conceptual design based on requirements Prepare rough estimate of cost on area basis.

Schedule of Architectural Services PRELIMINARY DESIGN AND DRAWINGS [STAGE 2] -10%:
Modify conceptual designs
incorporating required changes
prepare the preliminary drawings/ sketches/ study model for Client's approval
along with preliminary estimate of cost on area basis
DRAWINGS FOR CLIENT'S/ STATUTORY APPROVALS [STAGE 3] -15%:
Prepare drawings for Client's final approvals
Prepare drawings essential for statutory approvals
ensure compliance with codes, standards and legislation
assist Client in obtaining statutory approvals - if required.
WORKING DRAWINGS AND TENDER DOCUMENTS [STAGE 4] -10%:
Prepare working drawings,
specifications and schedule of quantities sufficient to prepare estimate of cost/ tender documents
including mode of measurement
method of payments,
quality control procedures on materials & works
other conditions of contract.
APPOINTMENT OF CONTRACTORS [STAGE 5] :-10%
Invite, receive and analyse tenders;
advise Client on appointment of contractors.

Schedule of Architectural Services
CONSTRUCTION [STAGE 6] :-35%
Prepare / issue working drawings/ details for proper execution of works during construction.
Approve samples of various elements and components.
Check /approve shop drawings submitted by contractor/ vendors.
Visit the site of work, at intervals mutually agreed upon
inspect / evaluate the Construction Works
where necessary clarify any decision,
offer interpretation of drawings/specifications
attend conferences / meetings to ensure project proceeds in accordance with conditions of contract
keep Client informed
render advice on actions
to ensure work proceeds according to contract documents/ drawings and
to exercise time and quality controls,
day-to-day supervision carried out by a
Appointing--Construction Manager (Clerk of Works/ Site Supervisor or
Construction Management Agency --in large / complex project
to work under guidance/ direction of Architect
paid by Client.
Issue Certificate of Virtual Completion of works.

Schedule of Architectural Services
COMPLETION [STAGE 7] :-10%
Prepare / submit
completion reports and
drawings
for project
assist the Client
in obtaining "Completion/ Occupancy Certificate“
from statutory authorities,
Issue two sets of as drawings including services
and structures.

Professional Fee
Paid
to Architects

PROFESSIONAL FEE
PROFESSIONAL FEE :

For professional services
rendered by the Architect,
he shall be paid professional fee
and other charges
in accordance with Scale of Charges
In addition, tax levied by law are to be paid
such as Service tax, etc.
over / above gross fees charged by the Architect

Schedule of Payment of Fee

Retainer Fee- on appointment --Rs 20m or 5% of total fee payable whichever higher
Stage 1-10%- on Submission of Concept design/estimate- 10% of total fee payable
Stage 2- 10%-Submission of preliminary scheme/ estimate - 20% of total fee payable – less fee paid at S-1
Stage 3(1)-10% Submission of drawings for client/statutory approval- 30% of total fee payable-less fee paid at S-1,S2
Stage 3(2)-5% On client/statutory approval-35 % of total fee payable-less fee paid at S-1,S-2, S-3(1)
Stage 4-10% Submission of Working drawing/specifications / tender document- 45% of total fee payable less fee paid at S-1,S-2, S-3
Stage 5 – 10%--calling/receiving/analyzing/ advising on tender- 55% of total fee payable -- less fee paid up to S-4

Schedule of Payment of Fee

Stage 6-35%- paid a total of 90%
10%-- Submission of working drawings/details for starting work
5%- on completion of 20% work
5%- on completion of 40% work
5%- on completion of 60% work
5%- on completion of 80% work
5%- on virtual completion work
Stage 7 – 10% less retainer fee- 100 %
Submission of completion report/drawings for issuance of
completion/occupancy certificate and built drawings

Schedule of Payment

PAYMENT TO THE ARCHITECT

Fee payable to Architect -- computed on actual cost of works on completion.
Actual cost of completed works include
cost of
cost of
assigned works
equipment & machinery -- Transformers, DG Sets, Sub-stations, Lifts,Air
Conditioning Machines, Pumps & Motors,Water and Sewage Treatment Plant, etc.,
excluding the cost of land
•Payment computed on following basis:
Retainer : On rough estimate of cost.
Stage 1 : On rough estimate of cost.
Stages 2 to 4 : On preliminary estimate of cost.
Stages 5 to 6b : Accepted tender cost.
Stage 7 : Actual total cost.
Progressive, payments made to Architect based on work done during that stage/ mutually agreed
No deductions made -- on account of penalty, liquidated damages,withheld/recovered from contractors/ suppliers.

Additional Payment to Architect

DOCUMENTATION AND COMMUNICATION CHARGES :

Apart from professional fee
Client to pay
Documentation / Communication charges
@ 10% of professional fee payable to Architect at all stages.
REIMBURSABLE EXPENSES :
amounts reimbursed against site visits
Actual cost of travel (to & fro)
Boarding/ lodging/ local transport
for visit made by his staff
to the site/ places connected with execution of work
connected with performance of duties referred in agreement.
Cost of presentation models, computer simulation, presentation drawings, etc.,
when asked by Client for purposes other than Design/ execution of project.

Architcture and related Professions

⚫ Architecture-- is primarily art / science of designing spaces --for serving multifarious activities of human beings and-- for meeting their specific needs in a meaningful built environment.
⚫ Structural Design-- is to evolve a strong, durable and an efficient skeleton --so that the space which architecture encloses, and form in which it expresses itself as interior content and an exterior container, becomes an organic extension of one another
⚫ Urban Design--- is architecture of cities, highly complex and gargantuan in scale. The primary aim of urban design is to imbibe and maintain a sense of identity and harmony among buildings, open spaces and other structures by means of a pleasant and memorable visual imagery throughout the length and breadth of an urban setting.
⚫ Landscape Architecture-- deals with the analysis, planning, design, management, preservation and rehabilitation of land and also determines the environmental impact. It is a science capable of objective analysis and synthesis leading to an ecologically-sensitive design, which is self-sustainable.
⚫ Interior Architecture-- primary objective is to generate a purposeful ambience such as would stimulate the user's creative potential through multifarious activities
⚫ Architecture Design ---essentially is a product of an individual mind but realized through association of experts from allied fields who contribute in the process of construction

Scale of Charged

Scale of Charges

Explanatory Notes:
1. For works costing up to Rs. 1400 M
professional fees may be negotiable
between Architect and Client.
2. When Architect is engaged
to undertake Comprehensive Architectural Services
in respect of buildings/ Site Development and/ or Landscape Architectural Services
as a follow up of an Urban Design/ Urban Renewal Scheme,
his professional fee
for Comprehensive Architectural Services/ Landscape Architectural Services
shall be reduced by 20%.
The current value of M is 1000.

GUIDE TO ARCHITECTURAL SERVICES

With varied experiences and unique knowledge, architects have the opportunity to provide valuable services for clients in addition to the basics. While making sure you're building a strong foundation by executing well on the basic services, additional services will enable you to provide your clients with the perfect level of service.

BASIC SERVICES

Basic services are what the architect needs to do for every design. These services are considered basic, because an owner should expect each of these to be included in a standard contract. Many of these services have been covered by us as Design Phases so we are just providing a basic overview here. Basic services typically include the following:
1. Programming
2. Schematic Design
3. Design Development
4. Construction Documents
5. Construction Administration

PROGRAMMING

In programming, you are determining the scope of work to be designed. No actual design is being developed at this point. You will mainly ask your client questions to gain an understanding of their problems, wants, and needs. This is also where the research and decision-making process happens. This service is mainly a consulting job, but you should have a list of the clients wants and needs by the end.

SCHEMATIC DESIGN

Here you will be developing the basic form of the building. There will be a lot of sketching vs. formal drawings. Generally, you want to develop the floor plans, site plans and building elevations. This will give you a complete description of the building systems (structural, mechanical, HVAC, plumbing and electrical), interior and exterior finishes and the building site. You should have a basic design at this point.

DESIGN DEVELOPMENT

Now that you have the basic idea, you can begin to refine them. You will be looking at specific materials in this phase and evaluating them for beauty, durability, and price. This is when your client will be selecting the materials for countertops or shower tile. You should have the full design by now.

CONSTRUCTION DOCUMENTS

During this phase you will be providing a product: two complete sets of drawings. The construction documents will fill in all the details and include every element of the design.

CONSTRUCTION ADMINISTRATION

Construction Administration typically involves the architect acting as the owner’s representative during construction. Size visits, materials testing, and inspections make sure that the contractor is building as specified and isn’t cutting any corners. These is some debate if this is considered a basic or additional service. More times than not, architects will include this as part of their basic services. Owners should check with the architect if they include this as a basic service. Architects should decide if they want to include it or not. If the architect an owner selects doesn’t offer this as a basic service, it is in the owner’s best interests to request it as an additional service. Most owners don’t have the experience to be their own advocate during construction. An architect can help guide and advise the owner to a successful project completion.

ADDITIONAL SERVICES

Additional services are services that you are not required to include under a basic contract. The more additional services you can offer, the better you can assist your clients. You’ve already won the job and know you will be providing your basic services. Why not make sure your clients are getting everything they might need from you? Additional services also have the benefit of being extra revenue for you.

This is by no means an exhaustive list of all the additional services you might provide, but it does give a pretty good start on creating your list of additional services.

ALTERNATIVE PROJECT DELIVERY SELECTION

Most of the time, the two project delivery methods that will work the best are either design-bid-build or design-build. They are the standard delivery methods and owners, architects, and contractors know them best. However, sometimes an alternative project delivery would best serve a project. Maybe the owners need to follow an aggressive schedule, or they need to minimize change orders as much as possible.

Whatever the case, an architect will know a wide array of different project delivery methods and they can help pick the right one for the project. The selection of a project delivery method should be the responsibility of the owner, so asking an architect to help would be an additional service that the architect could provide. As such, an additional fee would be included.

RECORD DRAWINGS

Every property owner of existing buildings should have a set of drawings that record the building as it currently stands. These are helpful for future development of the building and typically architects need them to start work on a project. For many reasons, the owner could lose track of these drawings. If this is the case, they will need to hire an architect to redo them.

Record drawings are not as-built drawings. As-built drawings are defined in the Architect’s Handbook of Professional Practice as drawings completed by the contractor to document any changes made to the original design during construction. As-built drawings should show the changes made in red ink.

While the two terms were used by architects somewhat interchangeably, it is no longer recommended that architects use the term as-built. The term as-built brings with it liability that architects want to avoid. Because architects create record drawings using information provided by the contractor, they cannot be verified by the architect and there will be no liability issues for the architect.

SUSTAINABLE DESIGN

With the increasing focus on environmental concerns, clients are more frequently asking their architects for sustainable design services.Sustainable design services that an architect might offer could include analyzing materials’ impact on health, design for well-being, energy analysis, ventilation and computational fluid dynamics, carbon accounting, project sustainability assessment, e.g., LEED, BREAM, WELL, and workshop facilitation. These services are not offered by every architect, so any architect who does offer them should collect additional fees for this additional service.

URBAN DESIGN

In urban settings how the buildings and structures work together to create an enjoyable environment is just as important as the design of the individual buildings.Urban design extends past the design of a single building to focus on groups of buildings, public spaces, transport systems, services, and amenities. As it includes components of architecture, landscape architecture, and city planning, many architects will need to bring on external consultants with expertise in these urban fields. While the scope expands, the architectural contract can grow to match the needs and build a much more holistic project.

BIDDING/NEGOTIATING/PRICE DISCUSSIONS

Often the architect is the only one on the owner’s side who has experience with construction and how much it costs to build a building. The owner usually has little to no experience with the negotiations. They might not know how much it should cost.

This is where an architect can be extremely helpful. They know what cost is too much and what is too little. They know what changes can be made to lower costs without impacting the integrity of the original design. If a client is uncomfortable doing these kinds of negotiations, it's worth it for them to hire an architect to guide them.

PROJECT MANAGEMENT

This would include any services that the owner doesn’t feel capable of dealing with on their own. This could be the selection of various materials or any coordination with other involved parties.

If an architect is asked to include project management as an add on service, it would typically be included under an hourly rate. Neither the owner nor the architect has a clear idea how this service will look during the project, so an hourly rate versus a flat fee covers both the owner and the architect no matter what arises.

3D RENDERINGS

Thanks to modern design software, architects can now render 3D models of designs. This gives the owner a clear feel for how their building will look. It can also be used as promotional material to gain support for the project. Many times, architects will put together a short film showing a camera moving through the 3D rendering of the project. While basic services would include the design drawings, 3D images are not typically included as a basic service because of the extra cost and time to produce them.

Most clients only care about the deliverable of a beautiful, legible image and not your process for deriving said image. Outsourcing the rendering services to other firms is a common source of revenue for architects.

FEASIBILITY STUDIES

A feasibility study determines if a project is worth the owner’s investment. Normally, architects will look at the proposed location and other factors to determine if this project will bring the outcome the owner desires. A feasibility study also takes a hard look at the legal right to build what the owner envisions. If codes prohibit the owner from building what they want, a feasibility study would help them figure that out.

MIXED USE ARCHITECTURE

When owners have a concept for a building that will have a mixed use, they need to find architects who specialize in that type of design. What mixed use means is single buildings that serve as residences, restaurants, workspaces, medical services, or other combinations of building use. More people are wanting buildings that create a village-like feel. This is often combined with urban design to create urban spaces that have micro neighborhoods where people don’t have to travel far to work or play.

SITE SELECTION

Where a building is placed is equally important as the design of the building. Site selection is a multifaceted process that varies depending on the use of the building. Site selection for a retail space will often look at things like the amount of competition and the cost of living in the area. It wouldn’t be great to put a business where it has to fight with several similar businesses or where the locals cannot afford the products or services.

Single family homes will often be a bit different during the site selection process. Usually, the land has already been purchased by the owner. An architect can help situate the home on the best spot on the property.

BUILDING CONDITION AUDITS

A building condition audit is done on an already existing building. An architect can help look for structural issues or building components that might be out of code. An audit might look at questions like: how is the building’s overall condition, can the current capacity be safely increased, is the building sufficiently able to serve the owners needs, and how much longer the building can last? .

FULL-TIME SITE REPRESENTATION

Construction administration provided under basic services is a part-time site representation. The architect will only be on site for specific activities, like inspections, testing, or oversight of sensitive construction activities.

In some cases, the owner might need more full-time representation. This could be for legal needs or if the project is complicated. If small failures could cause huge headaches for the owner or put people in danger, full-time oversight might be needed.

ELECTRICAL SCHEMATICS

While electrical schematics are an important part of the design for a building, architects are under no obligation to provide these. Architects are the most qualified to provide these drawings, as they intimately know the final layout of the design. If a client wants electrical schematics, they will need to be included as an additional service with an additional fee.

CABINETRY ELEVATIONS

Cabinetry elevations is a more detailed drawing of the configuration and design of cabinets. Typically, cabinetry elevations require a very high level of detail and it can take hours to create this level of design. This is something that is not required by any sort of housing authority. Just like with electrical schematics, architects are the most qualified to create these drawings. They will know what configuration of cabinets will go best with the overall design.

MULTIPLE CONTRACT PREPARATION

During a project the owner will typically have to prepare multiple contracts with several different entities. Having an architect help to pull together these contracts means the contracts will be more consistent. An architect can also make sure all the components of a contract are included that will make the project run smoothly for the client.

INTERIOR DESIGN

Some architects will provide in-house interior design. If the architect does offer this service, it is worth including as an additional service if the client is looking for an interior designer. It benefits the project to have the holistic approach that includes all design elements from the beginning. It makes for a more complete and cohesive final project.

As we said in the beginning, not every architect will include the same things in basic services and as additional services. What you include as additional services depends on your abilities and strengths. Every client should go through the contract to ensure that the basic services they expect to see are included and that any additional services they might need are in the contract.

ADDITIONAL RESOURCES

• Architectural Fee’s Architectural Services
• Architectural Services
• Full Time Site Representation
• Building Condition Audits
• Multiple Contract Preparation
• Mixed Use Architecture
• Feasibility Study
• Urban Design
• Sustainable Design

CONDITIONS OF ENGAGEMENT OF PROFESSIONAL SERVICES AND SCALE OF PROFESSIONAL FEES AND CHARGES

INSTITUTE OF TOWN PLANNERS, INDIA

CONDITIONS OF ENGAGEMENT OF PROFESSIONAL SERVICES AND SCALE OF PROFESSIONAL FEES AND CHARGES

PART – I

Introduction

Planning for development of human settlements is a continuous strategic process which requires sound assessment of ground realities and providing options for sustainable development within the bounds of the demographic, physical, socio-economic, jurisdictional and financial considerations. However, since 1990s, in view of rapid population growth, globalisation of economy and phenomenal growth of urban areas, towns and cities have become more dynamic in nature and are subject to unprecedented changes in terms of land uses, infrastructure and basic services and amenities. This has led to newly emerging concepts like inclusive planning, sustainable habitat, sustainable mobility, land-use-transport integration, transit oriented development, disaster management, and reforms in land use planning and urban governance. The domain of planning has expanded widely and in addition to the traditional statutory urban and regional planning, it includes a large list of non-statutory urban and regional planning, transport planning and policy studies as described in details in Part-II.

The nature of assignments requires participation of domain specialists and multidisciplinary input of professional services. A paradigm shift in professional planning practice has taken place in India in recent past where the private sector consultancy is being promoted in spatial planning and development

In rendering professional services, an Urban and Regional Planner (hereinafter referred to as Consultant Planner) professionally assumes responsibilities to serve the Client. A Consultant Planner could be an individual, a firm, or an institution. The job is highly technical requiring education, knowledge, skill and competence in spatial planning as well as public dealing. Since urban and regional planning is multidisciplinary in nature, the Consultant Planner, therefore, has to be a person with capacity, ability, dynamism and leadership to lead a multidisciplinary team in discharging his professional obligation, Consultant Planner has to follow the ethics as given by the Institute of Town Planners, India, (hereinafter referred to as the Institute) (see Apendix1.1). These are the factors that determine the nature of professional services rendered to a Client by the Consultant Planner.

A client may be an individual, a community, an agency, a corporate body, or a central, state or local government department. The Client, on his part, is obliged to make distinct decisions as regard to the professional services to be rendered by a Consultant Planner. These include (a) determination of the planning programme which sets the type and quantity of work, (b) selection of a consultant which sets the quality of works and (c) decision on the fee and cost of the work. Keeping these in view, for mutual benefit of both the Client and the Consultant Planner and to maintain the highest standards of practice and conduct, the Institute has adopted the following Conditions of Engagement and the Scale of Professional Fees and Charges for the professional services to be rendered by its Corporate Members.

ITPI’s Conditions of Engagement

The Corporate Members of the Institute shall follow the conditions of engagement as given hereunder:

(i) All urban and regional plans and planning projects must be handled by a qualified planner who shall be a Corporate Member of the Institute.
(ii) Corporate Members of the Institute of Town Planers, India, are governed by the Articles of Association and Bye-laws of the Institute for undertaking the professional assignments.
(iii) Any failure in the code of professional conduct by the Corporate Members shall be dealt with by the Council of the Institute and its decision shall be final.
(iv) A Consultant Planner shall be remunerated for the professional services rendered by him as per agreement between him and the Client specifying the scope of work and amount of fee to be paid.
(v) Scale of professional fees and charges as described in Part - III shall be the minimum desirable payable to Consultant Planner. However, they are at liberty to charge a lump sum fees as mutually agreed with the Client, considering their professional standing, higher level of expertise offered, nature and complexity of the assignment, time constraints, etc.
(vi) Any specific work not covered in Part – II and Part – III or otherwise any difference or disputes on the scope of work may be referred to the of the Institute of Town Planners, India, either by the Client or by the Consultant Planner in writing. The Institute shall take appropriate action within a fixed period of time.
(vii) In case of termination of the project prior to its completion, the Client shall pay to the Consultant Planner, his professional fees and charges for the professional service rendered / work done up to the date of the termination and in accordance with the agreement vide clause 1.1(iv).
(viii) Any difference or dispute arising out of the agreement as per clause 1.1(iv), shall be referred for arbitration as mutually agreed upon between the parties (Client and Consultant Planner). However, if both the parties agree the arbitrator may be nominated by the Institute.
(ix) The scope of services and scale of professional charges provided herein, are applicable to professional services entrusted to Corporate Members of the Institute. Consultancy firms wishing to undertake planning consultancy projects and studies shall also be governed by these Conditions of Engagement and Scale of Professional Fees and Charges and shall have a Corporate Member of the Institute as a part of the consultancy firm.

PART – II

2.0 Description of Consultancy Services

The various types of consultancy services to be rendered by a Consultant
Planner are described in the sections 2.10 and 2.20.

Types of Consultancy Services

The various consultancy services are grouped in the following three categories:
1. Urban and Regional (including rural area and environment) planning;
2. Transport Planning; and
3. Policy Studies.

Urban and Regional (including rural area and environment) Planning

Urban and Regional planning is further classified into the following seven categories:
1. Statutory Plans (as per Act);
2. Non-Statutory Area Development Plans;
3. Infrastructure Project Planning and Studies (Water supply, Sewerage, Drainage, Solid Waste Management, Power Supply, etc.);
4. Monitoring and Evaluation;
5. Impact Assessment Studies;
6. Technical Assistance / Advisory Services / Project Management Consultancy; and
7. Institutional / Capacity Building Studies / Training.

Transport Planning

Transport Planning can be further classified into the following six categories
1. City / Urban Transport Plans;
2. Regional / State Level Transport Plans;
3. Project Planning Studies (BRTS, Metros, LRTS, Monorail, Tunnels, Elevated Roads, Grade Separators, Bridges, Airports, Sea Ports, Inland Water Transport, Regional Rail Rapid Transit System (RRTS), Multi- modal Logistic Hubs, etc.);
4. Monitoring and Evaluation / Impact Assessment Studies;
5. Technical Assistance / Technical Advisory Services to Government Authorities; and
6. Institutional / Capacity Building Studies / Training.

Policy Studies

Policy Studies may be related to urbanisation, housing, urban land pooling, transportation, resource mobilisation, rural development etc. and include:
• City Level Policies; and
• State Level Policies.