Proposed changes to the Architects Act 1997

The key piece of legislation governing how the architectural profession is regulated, the Architects Act 1997, is set to be amended by two bills currently making their way through Parliament. Below we briefly set out what these changes are, and how they are likely to impact the profession.

The provisions of the Architects Act 1997 will be well known to those in the profession, not least because it empowers the Architects Registration Board (the ARB) to protect the use of the title “architect”.

During the course of 2022, the Act will be amended by two bills that are expected to come into force:

• The Building Safety Bill (the BSB) is intended to overhaul the current building safety system following the Grenfell fire tragedy, this will include bringing about changes on how architects are regulated; and
• The Professional Qualifications Bill (the PQB) will impact both who can be an architect in the UK, and where UK registered architects can practice abroad.

The BSB: competence to practice

The explanatory notes to the BSB state, that ‘continuing professional development’ (CPD) for architects throughout their career is not currently mandatory. Therefore, one of the Government’s goals with the BSB is “improving the competence of architects".

The Government’s means of achieving this objective is by bolstering the ARB’s powers to prescribe the requisite experience and recent training required, in order for an architect to be considered competent to practice in the UK.

As currently drafted, the BSB looks set to amend the Act and increase the ARB’s remit to:

• Set the relevant criteria to monitor architects’ competence to practice;

• Remove an architect from the ARB’s register if they fail to meet those criteria;

• Publicise on the its register disciplinary orders against architects; and

• Expand the ARB’s powers to charge fees for “services” that likely relate to training/qualifications the ARB will prescribe as necessary.

The precise scope and the specific skills architects will be required to evidence throughout their careers, is yet to be set out in detail. However, it appears clear that the Government plans to use the BSB to allow for greater scrutiny of the profession.

The PQB: who can work where

Currently, under the EU-UK ‘Trade and Cooperation Agreement’, professional qualification bodies in the UK and the EU can submit joint profession-specific arrangements to the EU-UK Partnership Council for consideration. If approved, these mutual recognition agreements provide routes for professionals in EU member states to have their qualifications recognised in the UK (and vice versa).

The PQB will replicate the current system with some changes. As currently drafted, the PQB will allow UK regulators to have the power to make mutual recognition agreements with their counterparts in other countries across the world. This power by regulatory bodies to make mutual recognition agreements will, however, be impacted by whether the Government deems there to be a shortage of UK qualified professionals in that specialism.

Therefore, in its role as regulator of architects, the ARB will be able to decide whether certain international qualifications can offer an equivalent level of architectural skills, knowledge, experience and behaviours necessary to practice in the UK, so that architects with those qualifications can join the UK register.

Key takeaways

• Keeping on top of the changing regulatory landscape will be important for all those working in the architectural profession in the UK.

• As set out above, neither the BSB nor the PQB have yet come into force – both bills continue to make their way through Parliament. Architects will want to keep a close eye on how the bills develop. For further information on the BSB more generally, see our Cladding and Building Safety Insights page.

• Insurers underwriting risks related to architectural practices will also want to be alive to the changing regulations for architects, as these changes could potentially give rise to new types of risks.