Role of Architect in India and US: Differences in Law and Policies

The architectural policies in India and United States differences in many ways. There are differences in practicing architecture as a profession as well as studying architecture. The architectural policies in each country and state might differ and it is governed by specific Registeredregistered body. In the United States, National Council of Architectural Registration Boards (NCARB) is a non-profit professional association created in 1919. People wishing to become licensed architects are required to meet the requirements of their respective state. Each state has a registration board to oversee that state's laws. NCARB issues a national certificate to qualified licensed architects. The NCARB certificate is recognized in most licensing jurisdictions for the purpose of granting licensure by endorsement or reciprocity. Requirements vary among jurisdictions. There are three common requirements for registration: education, experience and examination. As to the elimination, some years earlier, of a citizenship or residency requirement, court decisions have left no doubt that a citizenship requirement for entry into a profession is unconstitutional.

EDUCATION - About half of the States require a professional degree from a school accredited by the the National Architectural Accrediting Board (NAAB) to satisfy their education requirement; this would be either a B. Arch. or M. Arch. degreeDegree. EXPERIENCE - The experience requirement for degreed candidates is typically the Architectural Experience Program (AXP), a joint program of and the American Institute of Architects (AIA). AXP creates a framework to identify for the intern architect base skills and core-competencies. The intern architect needs to earn roughly three years worth of experience across six specified divisions (Practice Management, Project Management, Programming & Analysis, Project Planning & Design, Project Development & Documentation, and Construction & Evaluation) all while working under the direct supervision of a licensed Architect. The states that waive the degree requirement typically require a full 10 years' experience in combination with the AXP diversification requirements before the candidate is eligible to sit for examination. California requires C-IDP (Comprehensive Intern Development Program), which builds upon the seat time requirement of IDP with the need to document learning having occurred. EXAMINATION - All jurisdictions use the Architect Registration Examination (ARE), a series of six (formerly seven) computerized exams administered by NCARB. The NCARB also has a certification for those architects meeting NCARB's model standard: NAAB degree, AXP & ARE passage. This certificate facilitates reciprocity between the member boards should an architect desire registration in a different jurisdiction.

All architects licensed by their respective states have professional status as Registered Architects (RA).Depending on the policies of the registration board for the state, it is sometimes possible to become licensed as an Architect in other ways: reciprocal licensure for over-seas architects and working under an architect as an intern for an extended period of time. Length of the typical licensure process depends on the particular combination of education, experience and pace of examination of a candidate. It is typical that the entire licensure process takes at least 7 to 11 years to complete; including five years of study (5 years for B.Arch, 3 years for M.Arch, 6 years for a 'four-plus-two' program), three-plus years of experience (meeting exact IDP requirements in each category), and often a year or more to take and pass the seven ARE 4.0 exams.

Conditions and Cases Under Practicing Architecture

Under legislation enacted pursuant to this guideline, if an architect is not engaged to perform the designated minimum construction phase services, then the owner is deemed to be himself/herself engaged in the unauthorized practice of architecture. This will allow the state board to seek an injunction, civil fines, and/or criminal complaints as appropriate to the circumstances and as permitted by the relevant state law. While violation of the architectural registration law by unregistered persons should be a crime, the state board should also be authorized, after a hearing, to impose civil fines of up to a stated amount, such as $3,000, and to issue orders to cease against unregistered persons and persons aiding or abetting unregistered persons. The Board shall mail yearly [or state other time interval] to every registered architect an application for renewal of registration. Such application, properly filled out and accompanied by the renewal fee established in accordance with Section 2, shall be returned to the Board on or before the date established by the Board. A registered architect shall neither offer nor make any payment or gift to a government official (whether elected or appointed) with the intent of influencing the official’s judgment in connection with a prospective or existing

In INDIA, COUNCIL OF ARCHITECTURE (COA) is a non-profit professional association created in 1 September 1972. People wishing to become licensed architects are required to meet the requirements of their respective state. The Council of Architecture is charged with the responsibility to regulate the education and practice of profession throughout India besides maintaining the register of architects. For this purpose, the Government of India has framed Rules and Council of Architecture has framed Regulations as provided for in the Architects Act, with the approval of Government of India.

The common requirements for registration: education, experience and examination. The architecture course shall be of minimum duration of 5 academic years or 10 semesters of approximately 16 working weeks each inclusive of six months/one semester of approximately 16 working weeks of practical training after the first stage in a professional office.

The architecture course may be conducted in two stages. The first 3 academic years / 6 semesters of approximately 16 working weeks each of the course shall be a basic standard course and shall be the first stage: Provided that candidates admitted to the course shall complete the first stage within 5 years of admission to the course. The second stage of the course shall be of 2 academic years / 4 semesters of approximately 16 working weeks each. The completion of first stage shall not qualify candidates for registration under the Architects Act, 1972.

Conditions and Cases Under Practicing Architecture

Professionals are required to discharge their obligations and commitments diligently and befitting with quality and standards of services. The laws of the land mandate that the professionals should provide services to the consumers in a required manner exercising duty of care and while doing so they should not commit any negligent act. In order to protect the interest of the consumers against the breach of duty, the deficient services have been defined by the statute and legal actions have been initiated on the erring professionals. The services rendered by architects have also been covered by the relevant laws of the country. Ensure that his professional activities do not conflict with his general responsibility to contribute to the quality of the environment and future welfare of society, If any person whose name is not for the time being entered in the register falsely represents that it is so entered, or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable with fine which may extend to one thousand rupees A registered architect shall neither offer nor make any payment or gift to a government official (whether elected or appointed) with the intent of influencing the official’s judgment in connection with a prospective or existing shall not advertise his professional services nor shall he allow his name to be included in advertisement or to be used for publicity purposes

In a partnership firm of architects, every partner shall ensure that such partnership firm complies with the provisions of the sub-regulation not attempt to obtain, offer to undertake or accept a commission for which he knows another Architect has been selected or employed until he has evidence that the selection, employment or agreement has been terminated and he has given the previous Architect written notice that he is so doing : provided that in the preliminary stages of works, the Client may consult, in order to select the Architect, as many Architects as he wants, provided he makes payment of charges to each of the Architects so consulted It has been often asked by the Architects why the legal action taken against architects whenever buildings or any other built form collapses of which they are the architects, without inquiring their faults and circumstances leading to the collapse. Comment by Anamika Garg: There is no analysis presented from your end. I need a comparison and your understanding of the situation after assessing the laws of both countries – and a conclusion that concludes your analysis in a well-rounded manner.