Civil Engineering Reference
In-Depth Information
Itisthearchitect'sdutytoadvisetheclientonallaspectsofthebuildingprocessaboutwhich
the architect professes expertise. Obviously, town planning is one area where the architect
should have expertise - not the expertise of a town planner or an expert planning consultant
or a lawyer skilled in this area of the law, but certainly knowledge of the ordinary aspects of
town planning that one would normally expect as part of the general architectural skills.
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In this case, planning permission had been obtained for a particular building. The client
hadachangeofmindandwantedabiggerbuildingonthesamesite.Thereisnothingwrong
with that, but architects have a duty to advise the client about seeking planning permission
again in such circumstances. Pressing ahead without obtaining planning permission would
beunlawful,andthearchitecthasadutytomakethatcrystalcleartotheclient.Inaddition,if
the architect knows for certain that making a planning submission would be pointless, there
is an added duty to convey this to the client in the strongest terms.
The architect is being asked to finish the drawings for the larger building that would not
gain planning approval even if application were made. The architect knows that the purpose
for which the drawings are intended is the unlawful construction of a building. Architects
placed in this position should flatly refuse to have anything further to do with the project.
This would not amount to repudiation at law, much less be in breach of any part of the pro-
fessional Code of Conduct; quite the contrary, as the larger building is not something for
which the architect was engaged. In other words, it is not part of the terms of engagement
(for the smaller building for which planning permission has been obtained), and therefore
the architect cannot be in breach by refusing to do the work.
Foranarchitecttocollaboratewiththeclientinenablingtheconstructionofabuildingfor
which it is knownthat planning permission would be refused is an unlawful act and one that
is contrary to the Code of Conduct. If the architect did not know that planning permission
was not to be sought or that it could not be obtained, there would be no wrongful behaviour
untilthearchitectknew,orshouldhaveknown,thetruesituation.Onbecomingawareofthe
true situation, the architect would have no option but to stop work if advice to the client fell
on deaf ears.
