AUSTRALIAN ORGANIZATIONS THAT GOVERN ARCHITECTURE AND

ARCHITECTURAL PRACTICE IN AUSTRALIA

Australian Architecture Association (AAA)

AAA aims to promote contemporary architecture and to broaden the promotion of

architecture in Australia. AAA is a not for profit organization. Its vision is to enable the
public to understand, enjoy and discuss architecture, locally and beyond.

Australian Institute of Architects (AIA)

Formerly known as RAIA or Royal Australian Institute of Architects before 1 st of July 2008.

The Australian Institute of Architects or AIA is a peak body for the architectural profession in
Australia. It works to improve the Australian built environment by promoting quality, responsible,
sustainable design.

The RAIA, or the AIA, published documents that states the laws, articles and guidelines that will
guide the architectural practice in the entire Australia.

Documents

The RAIA documents consists of 6 SCHEDULES, namely:

 SCHEDULE 1. Memorandum and Articles, Regulations and By-Laws

 SCHEDULE 2. Standard form Client and Architect Agreements and Related Documents
 SCHEDULE 3. State and Territory Architects Legislation
 SCHEDULE 4. RAIA Code of Professional Conduct
 SCHEDULE 5. Guidelines for RAIA Endorsed Architectural Competitions
 SCHEDULE 6. Fee Guide and Fee-Related Practice Notes

SCHEDULE 1. Memorandum and Articles, Regulations and By-Laws

“The name of the association is “Royal Australian Institute of Architects (RAIA)” registered as a
company limited by guarantee under the corporations legislation, with Australian company number
000 023 012.”

“The registered office of the RAIA is at 2A Mugga Way, Red Hill, in the Australian Capital Territory
or subject to the corporations legislation, such other place in the Commonwealth of Australia as the
council of the RAIA may from time to time appoint.”

Objects which RAIA is established:

-The advancement of architecture

-The examination of applicants for membership

-To represent profession’s view, to preserve and maintain its integrity and status, to
suppress dishonorable and unprofessional conduct and practices.

-To provide means of adjusting professional differences.

-To promote good feeling and friendly intercourse amongst the members.

-To watch over, protect, and promote the interests of the profession generally.

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 -To increase the confidence of the public in the profession.

-To acquire, form, and maintain art and scientific libraries and museums.

-To encourage and reward the study of architecture.

-Subject to the provisions of the Corporations Legislation, to purchase, take on, lease, or in
exchange, rent, hire, or otherwise acquire and hold any real or personal property.

-To construct, maintain, and alter, any buildings or works necessarily or convenient for the
purposes of the RAIA.

-To assist architects and their prospective clients in deciding the fees to be charged for the
architect’s services.

-To improve, sell, lease, mortgage, dispose of or otherwise, deal with all or any part of, the
property of RAIA, as time to time be determined by the RAIA.

-To bring before and confer with, government, municipal, local and other authorities and
public bodies and associations and their officials in all parts of the Commonwealth of
Australia.

-If thought fit, to apply for and obtain, any act or acts of the Commonwealth, or any of its
states or territories.

-To collect and circulate statistics and other information relating to Architecture.

-To hold or promote competitions of any description authorized by law

-To appoint any person to accept and hold in trust for the RAIA, any property belonging to
the RAIA, or in which it is interested.

-To enter into any contracts or arrangements with any other institutes whether at present
existing or not, and whether operating within the Commonwealth of Australia or outside it.

-To Institute chapters consisting of such members as may be resident in any territory as
defined from time to time in accordance with the articles of association for the time being
and to confer on such chapters all such powers, authorities and discretions, as may be
thought fit.

-To do all such things that are incidental or conducive to the attainment of the above
objects.

The income and property of the RAIA, however derived, shall be applied solely towards the
promotion of the objects of the RAIA as said forth in this memorandum. No portion of it will be paid
or transferred directly, indirectly, or by way of dividend bonus, or any other means by way of profit
to the persons who at any time are or have been members of the RAIA.

If the RAIA acts in contravention of the fourth paragraph of this memorandum, the liability of every
member of the RAIA who has received any such dividend, bonus, or other profit to repay such
dividend bonus or other profit at the suit of the RAIA, remains.

Every member of the RAIA undertakes to contribute to the RAIA in the event it is wound up during
the time that he or she is a member, or within one year afterwards, for payment of the debts and
liabilities of the RAIA contracted before the time at which he or she ceases to be a member, and of
the costs, charges, and expenses of winding up, and for the adjustment of the rights of the
contributories amongst themselves, such amount as may be required, not exceeding fifteen dollars,

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and in addition, such other amounts as shall be recoverable from him or her, under the preceding
clause.

If upon winding up or dissolution of the RAIA, there remains after the satisfaction of all its debts
and liabilities, any money or property whatsoever, it will not be paid to or distributed among the
members of the RAIA but shall be given or transferred to some other association, institutions,
having objects similar to the objects of this Association, and which prohibit the distribution of its or
their income and property among its or their members to an extent at least as great as is imposed
on the RAIA under or by virtue of paragraph 4, such association, institution, or institutions, to be
determined by the members of the RAIA at, or before, the time of dissolution and in default thereof
by the Court that may have, or acquire , jurisdiction in the matter and if, and so far as, effect cannot
be given to this provision, then to some charitable object.

No addition alteration or amendment shall be made to or in the regulations contained in the Articles
of Association for the time being in force unless the same shall have been previously submitted to
and approved by the Governor with the advice of the Executive Council.

The fourth and eighth paragraph of this Memorandum contains conditions on which the License
was granted by His Excellency the Governor with the advice of the Executive Council of the State
of New South Wales in pursuance and under the provisions of Section 52 of the Companies Act
1899.

True accounts shall be kept of the sums of money received and expended by the RAIA and the
matter in respect of which such receipt and expenditure takes place, and of the property credits
and liabilities of the RAIA, and subject to any reasonable restrictions as to the time and manner of
inspecting the same that may be imposed in accordance with the regulations of the RAIA for the
time being, shall be open to the inspection of the members, Once , at least, in every year, the
accounts of the RAIA shall be examined , and the correctness of the balance sheet ascertained by
one or more properly qualified auditor.

ARTICLE 1. Definitions and Interpretations

Annual Session of Council

Means the council meetings or series of council meetings, including the Annual General Meeting ,
in any year.

Chapter

Means the body of members residing in a particular territory.

Chapter Council

Means the advisory body constituted pursuant to Article 44 in respect of a particular Chapter.

Chapter Councilor

A person appointed in accordance with Article 45(1)(b)

Chapter President

Means a chapter-elected councilor elected in accordance with Article 15.

Corporations Legislation

Means the corporations legislation enacted by the Commonwealth of Australia.

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Constitution

Means collectively the memorandum of association and the articles of the association.

Corporate Members

Means life fellows , fellows, ordinary members and affiliates but not level 2 members in any
membership class.

Corporation

Has the meaning given in section 9 of the corporations legislations.

Council

Means the board of directors for the time being of the institute, constituted in accordance with
Article 14.

Councilor

Means a director of the institute.

Councilor (Chapter-elected)

Means a councilor who is also a chapter president.

Councilor (Nationally-elected)

Means a councilor elected in accordance with article 16.

Division

Means a subgroup of a chapter formed in accordance with the regulations by members who have
their place of work, or residence, in a particular area.

Executive

Means the Executive committee of the RAIA, as constituted by Council from time to time.

Honorary Secretary

Means the person appointed in accordance with Article 28, and any acting Honorary secretary
appointed in accordance with Article 29.

Honorary Treasurer

Means the person appointed in accordance with Article 28, and any acting Honorary Treasurer
appointed in accordance with Article 29.

Immediate Past President

Means the person (if any) who was the president immediately before the current president.

Institute or RAIA

Means the Royal Australian Institute of Architects, ACN 000 023 012

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“In Writing” and “Written”

Include printing, lithograph, and other modes of reproducing or representing words in a visible form.

Member

Means a member for the time being of the institute

Month

Means calendar month

National Committee

Means a committee of the RAIA appointed by the Council from time to time.

Non-corporate Members

Means Honorary Fellows, Honorary Members, Graduate Members, Student Members, Practice
members and Level 2 Members in any class of membership

Office

Means the registered office for the time being of the institute

President

Means president of the institute who has assumed office under Articles 22 or 25

President Elect

Means President Elect of the institute and includes the Vice-President

Regulations

Means regulations made by the council from time to time in accordance with Article 82.

Secretary

Means the Company Secretary registered under the Corporations Legislations

Territory

Means any state or territory of the commonwealth of Australia or any other area constituted a
territory by resolution of the council from time to time.

Year

Means calendar year

ARTICLE 2. Classes of Members

ARTICLE 3. Life Fellows

ARTICLE 4. Fellows

ARTICLE 5. Honorary Fellows

ARTICLE 6. Ordinary Members

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ARTICLE 7. Affiliates

ARTICLE 8. Honorary Members

ARTICLE 9. Graduate Members

ARTICLE 10. Student Members

ARTICLE 10A. Practice Members

ARTICLE 11. Diplomas and Certificates

ARTICLE 12. Certificates of Membership

ARTICLE 13. Letters

The following classes of membership may use suffix letters as follows:

Life Fellows—LFRAIA

Fellow—FRAIA

Honorary Fellow—Hon. FRAIA

Ordinary Member—RAIA

Affiliate—Affiliate RAIA

Honorary Member—Hon. RAIA

Graduate/Student member—[no suffix]

A level 2 member for any class of membership has no entitlement to use the suffix letters referred
to in this Article 13.

CONSTITUTION OF INSTITUTE COUNCIL

ARTICLE 14. Membership of the Council

ARTICLE 15. Appointment of Councilors (Chapter-elected)

ARTICLE 16. Appointment of councilors (Nationally-elected)

ARTICLE 16A. Appointment of Student Representative Councilor

ARTICLE 17. Councilor’s Term of Office

ARTICLE 18. President’s Term of Office

ARTICLE 19. Councilor Absence, change of domicile

ARTICLE 20. Vacancy in the Council

ARTICLE 21. Members May Remove Councilor

ARTICLE 22. Election of President

ARTICLE 23. President Unable to Act

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ARTICLE 24. Disqualification of President-Elect or the Immediate Past President

ARTICLE 25. President may serve a second term

ARTICLE 26. Vacancy in Office of President or President Elect

ARTICLE 27. Term of Office of President Elect

ARTICLE 28. Honorary Secretary and Honorary Treasurer

ARTICLE 29. Secretary and other officers

ACCOUNTS

ARTICLE 30. Accounts

COUNCIL MEETINGS

ARTICLE 31. (DELETED)

ARTICLE 32. Regularity of Council Meeting

ARTICLE 33. Quorum at Council Meeting

ARTICLE 34. Where quorum is present

ARTICLE 35. Written Resolution of Council

ARTICLE 36. Meeting of the Council

ARTICLE 37. Alternate Councilors

ARTICLE 38. Chairperson of Council Meetings

POWERS OF COUNCIL

ARTICLE 39. Powers of the Council

ARTICLE 40. Committees

ARTICLE 41. Validation of Acts

SUBSCRIPTIONS

ARTICLE 42. Payment of Subscriptions

ARTICLE 43. When subscriptions paid

CHAPTER COUNCILS

ARTICLE 44. Constitution of Chapter Councils

ARTICLE 45. Membership of Chapter Councils

ARTICLE 46. Appointment of Chapter Councilors by election process

ARTICLE 47. Appointment of further Chapter Councilors

ARTICLE 47A. Appointment of Student Representative Chapter Councilor

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ARTICLE 48. Councilors (Nationally-Elected) may observe

ARTICLE 49. Persons not Eligible to be Chapter Councilors

ARTICLE 50. Term of Office of Article 45 Chapter Councilors

ARTICLE 51. Term of office of chapter councilors

ARTICLE 52. Casual Vacancies in Chapter Councils

ARTICLE 53. Chapter councilor absence or discontinued eligibility

ARTICLE 54. Creation of New Chapters

GENERAL MEETINGS

ARTICLE 55. Annual General Meeting

ARTICLE 56. Business of Annual General Meeting

ARTICLE 57. Requisition by Members

ARTICLE 58. Period of notice and quorum

ARTICLE 59. Notice of Resolution

ARTICLE 60. Special business

ARTICLE 61. Accidental omission to give notice

ARTICLE 62. No business unless quorum

ARTICLE 63. Where no quorum

ARTICLE 64. Chairperson of General Meeting

ARTICLE 65. Adjournments

ARTICLE 66. Voting

ARTICLE 67. Polls and chairperson’s casting vote

ARTICLE 68. Proxies

ARTICLE 69. Eligibility to act as Proxy

ARTICLE 70. Visitors

ARTICLE 71. Resolutions at General Meeting

ARTICLE 72. Voting by classes of members

ARTICLE 73. Non-Corporate Members

NOTICES

ARTICLE 74. Notices

ARTICLE 75. Service of notices

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SEAL

ARTICLE 76. (DELETED)

INDEMNITY OF OFFICIALS

ARTICLE 77. Indemnification of officers

ARTICLE 78. Insurance of Officers

ARTICLE 79. Voting by councilors

ARTICLE 80. Liability of officers

ARTICLE 81. Meaning of “Officer”

REGULATIONS AND BY-LAWS

ARTICLE 82. Council may make regulation

DISCIPLINARY PROCEEDINGS

ARTICLE 83. Disciplinary Action—definitions, liability under the code and summary expulsion

ARTICLE 84. Queries (informal procedures) and Allegation (formal procedures)

ARTICLE 85. Reference to Arbitration

ARTICLE 86. Senior counselor, Committee, Assessor, and Tribunal & Administration

AMENDMENTS TO ARTICLES

ARTICLE 87. Amendments to Articles

MEMBERSHIP SUBSCRIPTIONS

ARTICLE 88. Membership subscriptions

COUNCILOR’S INTERESTS

ARTICLE 89. Voting of Interested Councilor

ARTICLE 90. Councilor’s Interests

ARTICLE 91. Disclosure of interests

ORIGINAL PROVISIONS

ARTICLE 92. First Chapters

ARTICLE 93. Number of members

REGULATIONS AND BY-LAWS

-made under Article 82

1. General

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2. Election of Councilors

3. Election of chapter Councilors

4. Meetings of Chapter Councils

5. General Meetings of the Chapter

6. Powers of the Chapters

7. Notices to be sent to council

8. Financial

9. Divisions of a chapter

10. Area Committees

11. Admission to the Institute

12. Non-Corporate Members

13. Architectural Education

14. Appointment of Chief Executive

SCHEDULE 2. Standard form Client and Architect Agreements and Related Documents

USER GUIDE FOR THE RAIA/ACA CLIENT AND ARCHITECT AGREEMENT FORM (Long
Form)

SECTION A. Engagement

Section A sets out the legal framework and underpinning principles of the agreement including:

The scope of services to be provided

The details of ownership of copyright and the license agreement

The general legal matters affecting the agreement

SECTION B. Responsibilities and Entitlements of the Architect

The responsibilities and entitlements of the architect are set out in Section B. These include:

The architect’s standard of care and agency role

The architect’s right to charge additional fees, where additional services or non-standard contracts
are to be used

The architect’s responsibility to comply with relevant legislation, codes and statutory requirements

Definition of the architects responsibilities and obligations while providing the services

SECTION C. Responsibilities and Entitlements of the Client

Section C sets out the client’s responsibilities in addition to paying the fees. These include:

Appointing and paying secondary consultants

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Setting and being responsible for the project brief, budget and program

Paying other fees and charges associated with the project

SECTION D. Payment for the services

The agreement allows for the fees to be charged on a percentage, lump sum or hourly rate basis of
the fees to differ for each or any stage of the project.

He right of the architect to charge fees and recover disbursements is established, as is the client’s
obligation to pay.

SECTION E. Variation to the services

In addition to dealing with a variation or change in the scope of the service, this section covers the
architect’s rights, where the services are deferred or protracted.

SECTION F. Dispute resolution and termination of the services

The method of dispute resolution is defined and the agreement allows either party to terminate the
agreement.

On termination, the client must pay any fees rightfully due to the architect, but is entitled to receive
copies of all the documents prepared for the project by the architect.

SCHEDULES

Schedule 1. Provides a detailed description of the project for which the architect has been engaged.

Schedule 2. Defines the scope of service. This is divided into the four recognized stages of:

Schematic design with sub-stages for predesign and schematic design

Detailed design

Documentation with sub-stages for design documentation and contract documentation; and

Contract administration with substages for tendering, contract administration and post construction
services.

Item 2 of schedule 2 allows the parties to identify supplementary services that the architect will
provide, which will attract additional fees.

Schedule 3. Enables the parties to define the reports, specifications, drawings, and other
documents to be provided at each stage of the project, as well as the number of copies of each
that will be provided.

Schedule 4. Allows the parties to identify any specialized consultant that will be required for the
project and the responsibility for employing them.

Schedule 5. Identifies the representatives responsible for the project, the person responsible for
the verification and approval of documents (QA) and the amount of professional indemnity
insurance and the architect must carry.

Schedule 6. Sets out the basis and amount of the fees for the project and associated matters.

Schedule 7. Defines the terms and conditions that apply, where data is to be transferred
electronically.

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Schedule 8. Identifies the reimbursable expenses that will apply to the project.

Schedule 9. Allows either party to define any matters or aspects of the project that they wish to
remain confidential.

Schedule 10. Allows each specialist consultant (either sub-consultant or secondary consultant) to
be identified and have the scope of services clearly defined. Item 3 allows the same for other,
separate suppliers.

CONCLUSION

It is expected that both architects and their clients will discover that the new Client and Architect
Agreement will enable them to more clearly and accurately describe the project and its constraints
and to define the services to be provided by the architect. This should assist the parties in avoiding
differences, misunderstanding or disputes.

USER GUIDE FOR THE RAIA/ACA CLIENT AND ARCHITECT AGREEMENT (Short Form)

1. Responsibilities and Entitlements of the Architect

Clause 1.1

It is important for the architect to check the details of the services described in clause 3. Where the
services listed in the agreement do not cover specific requirements, additional services should be
added under ‘other’.

Clause 1.2

While this clause establishes the architect as the agent for the client for the project, in some States
and Territories it is necessary to have specific approval in relation to applications and other
submissions. Where the client is a married couple it is wise and may be necessary to have
approval of both parties.

Clause 1.3

Architects are not quantity surveyors or builders and therefore cost estimates provided by them are
only estimates and should never be considered to be any form of guarantee, quotation or tender
for works. The architect should make sure that the client clearly understands the degree of
accuracy of any estimate that is provided.

Clause 1.4

Three options are available for the engagement of other consultants; by the client, by the architect
or a combination. Where engaged by the architect, the architect or a combination. Where engaged
by the architect, the architect becomes responsible for the performance of the consultant. It is
prudent, in such cases, to ensure that the consultants are covered for professional negligence to
the extent required by their contribution to the project.

Clause 1.7

The architect should always inform the client when the client issues an instruction which will involve
additional fees.

Clause 1.8

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The architect should provide the client with an estimate of the additional fees.

Clause 1.9

The architect may not assign, transfer or sublet the obligations under the agreement without the
consent of the client.

Clause 1.10

The architect is responsible for keeping the client informed. The means of doing so should be
discussed and agreed between the parties.

Clause 1.11

It is important for clients to understand that fee invoices will be submitted on a regular basis as the
work progresses and that payment is expected promptly. Invoices should not be linked to
submissions, for example, sketch plans or approvals by either authorities or clients, as this implies
that delaying approval is justification for delaying payment. This clause gives the architect the
option of charging interest for slow or delayed payment of invoices. The clause also includes GST.

Clause 1.12

The architect retains copyright. The client has a license to build the project but only on the site for
which it was designed.

Clause 1.13

The client should understand that the architect has the right to revoke the license where the client
fails to pay the architect’s fees under this agreement.

Clause 1.14

The parties have equal rights to refer disputes or disagreements to mediation or another
recognized form of dispute resolution.

Clause 1.15

Both parties have equal rights to terminate the agreement in the manner set out in the agreement.

2. Responsibilities and Entitlement of the Client

Clause 2.1

As noted under clause 1.2, the client needs to understand the independant role of the architect
when certifying and assessing.

Clause 2.2

The client is clearly responsible for giving the architect all the necessary information required for
the architect to provide the services. This includes a realistic budget that reflects the scope and
extent of work envisaged by the brief. It is helpful for the architect to prepare a list of the items and
details that the architect will need in order to provide the services envisaged.

Clause 2.6

The architect should explain to the client that design is an interactive and consultative process and
that their participation is critical to the success of the outcome.

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The client needs to recognize that design often involves tradeoffs and decisions that may alter
aspects of their original brief. As the design develops and give approval sketch plans, details,
materials, finishes or the like, then the approved submission becomes their briefed requirement.

Clause 2.7

The client acknowledges that the architect retains copyright or the design. The client has the right
to build the project under license but only on the site for which it was designed.

Clause 2.8

The parties have equal rights to refer disputes or disagreements to mediation or another
recognized form of dispute resolution.

Clause 2.9

The right to terminate the agreement is equal to that of the architect.

Clause 2.10

In the event that the agreement is terminated, the client is obligued to pay all fees properly due to
the architect at the time of termination.

3. The Services

Clause 3.1

The client and the architect should agree on who will engage other consultants required for the
project. The option exists for these consultants to be engaged by the client, by the architect or a
combination of the two suited to the needs of the project.

The services to be provided by the architect are set out generally in chronological order under the
widely recognized four stages: sketch plans, detailed design, documentation and contract
administration. Sketch plans includes two subsections, pre-design and design. Contract
administration includes subsections for tendering, administration and post completion services.
Each of the four sections provides the opportunity to include additional services and there are a
number of occasions where the client should approve the design or documentation prior to the
architect proceeding to the next stage.

Clause 3.2

In the pre-design stage the architect assembles all of the details necessary for the design to begin.
These include the client’s brief and budget, the need for other consultants and their brief, site
constraints and authorities requirements. Only once all of this information is available can be the
architect begin design.

Before proceeding to design, the client’s approval should be sought.

The design is developed and a cost estimate is prepared and reviewed against the budget
that should be confirmed as adequate.

Before proceeding to detailed design, the client’s approval of the design and cost estimate
should be obtained.

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Clause 3.3

Detailed design takes the approved sketch design and develops and adds detail, refinement and
clarification to all aspects of the design. The work of other consultants is coordinated and
integrated with the architectural design and documentation. It is common at the end of this stage to
make application for planning approval.

An updated estimate is prepared.

The client’s approval is sought before proceeding to documentation.

Clause 3.4

Once approved by the client and by the planning authority, documentation begins. This stage
develops and refines the design into construction documentation and develops the specification in
the lead up to tendering and construction. The building contract is selected and the preliminary
clauses for the specification are prepared. The documentation prepared by other consultants is
coordinated with the architectural documentation.

A pre-tender estimate is prepared.

The client approves the documents before tenders are called.

Clause 3.5

The architect should advise the client of the options for tendering works and recommend the
preferred method of doing so. The architect will manage the tendering process; answer queries
from tenderers and the client should be invited to attend the tender opening. The architect will
assess the tenders and make a recommendation to the client regarding which tender should be
accepted.

The architect prepares the contract documents and arranges signing by both parties.

The architect will administer the contract on the client’s behalf and advise where and when
actions are required by the client. The architect will arrange for provisional sums and prime
cost allowances to be finalized as required by the works.

During contract administration the architect is required to assess claims from the builder for
extensions of time, variations and progress payments. The architect must act fairly and
impartially in these matters and not as the client’s agent.

The architect will visit the site on a regular basis, check on the quality of work and progress,
arrange and conduct site meetings and provide clarifications and supplementary details to the
builder as required. The client may attend the site meetings or arrange with the architect for
separate site meetings/inspections.

The architect will deal with claims from the builder for variations, extensions of time and progress
payments and provide regular reports to the client on the rate of progress, the quality of work and
provide certification of progress payments which are to be paid by the client.

At practical completion, the architect will inspect the works and provide the builder with a list of
items (defects list) requiring completion or rectification before the works can be occupied or used.
Once these items are complete a notice of practical completion is issued and the client takes over
the works.

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During the defects liability period, the builder is required to rectify faults that develop which are
attributable to the builder’s activities. These faults do not include wear and tear or damage caused
by others. At the end of the defects liability period the architect will inspect the works and issue a
final defects list, which the builder must rectify before the contract can be completed. Once all
defects have been rectified the architect will issue a final financial statement, a final progress
payment certificate and a final certificate.

4. The Fees

The architect and the client should negotiate and agree the basis upon which fees for the services
to be provided by the architect will be assessed for the project. The agreement provides for the
opportunity to assess fees on a percentage, lump sum or hourly rate basis or any combination of
the three. All options allow for the GST.

Clause 4.1

The agreement provides flexibility for the fees for each stage to be set on the basis of a percentage,
lump sum or hourly rate depending on the nature of the project and the services that are to be
provided.

Clause 4.2

Percentage fees are usually established using the current edition of the RAIA Fee Guide and,
traditionally, the fee has been divided as follows:

Sketch Design 15% of total fee

Detailed Design 15% of total fee

Documentation 40% of total fee

Contract Administration 30% of total fee

TOTAL 100% of fee

Each project should, however, be assessed on an individual basis.

Clause 4.3

Lump sum fees are more difficult to establish at the beginning of a commission, unless there is a
detailed and clear brief of the client’s requirements. It may be more realistic to use this form of fee
structure once design has been developed, for example after sketch plans have been completed.

Clause 4.4

This section of the fee schedule should be completed for all projects, even where percentage or
lump sum fees are to be used. Hourly rate fees may be required, if the extent of services is
expanded, the services become protracted due to delay, or if the brief is changed.

Clause 4.5

The interest rate for overdue accounts would normally be set at the bank overdraft rate current at
the time of signing the agreement. Where this is to be applied, it is recommended that invoices
include words similar to the following:

‘Terms 7 Days Net’

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5. Reimbursable Expenses

Most, if not all, projects will involve costs and charges that are generally not included in the
architect’s fee. This schedule allows for these to be paid directly by the client, paid on a
reimbursable basis by the architect, for them to be included in the architect’s fee. Provision is made
for the architect to charge a service fee to cover the costs associated with handling disbursements
on behalf of the client.

6. Special Conditions

Section 6 allows the parties to the agreement to establish any special conditions that the project
requires due to its nature.

SCHEDULE 3. State and Territory Architects Legislation

 Australian Capital Territory---Architects Act 2004

 New South Wales---Architects Act 2003
 Victoria---Architects Act 1991 as amended on commencement of Architects (Amendment)
Act 2003
 Tasmania---Architects Act 1929 as amended by the Building (Consequential Amendments)
Act 2003
 South Australia---Architects Act 1939
 Western Australia---Architects Act 1921 to be repealed on commencement of Architects
Act 2004
 Northern territory---Architects Act as amended by Architects Amendment Act 2003
 Queensland---Architects Act 2002

SCHEDULE 4. RAIA Code of Professional Conduct

Architects who are RAIA members commit themselves to the attainment of high standards in
architecture, and through its practice to maintain the general well-being by upholding commonly
agreed values of ethical behavior, equality of opportunity, social justice, aspiration to excellence
and competent professional performance.

They are expected to:

 Serve and advance the public interest through appropriate involvement in civic
activities, as citizens and professionals
 Promote environmental awareness and the appreciation of architecture and urban
design
 Encourage informed public debate on architectural and urban design issues
 Respect, conserve and enhance the natural the natural and cultural environment
 Encourage and maintain responsible ecologically sustainable and energy efficient
design and development
 Strive to contribute to the development of architectural knowledge, culture and
education.

In their professional and personal lives members of the RAIA are bound by this Code of Conduct to
uphold the integrity of the profession and to ensure client and community needs are respected and
well served. Violation of any of these standards is ground for disciplinary action, the potential
consequences of which are detailed in Article 83 of the RAIA Articles of Association.

PRINCIPLE 1. Obligations to the Public

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Members have obligations to the public to embrace the spirit and letter of the laws governing their
professional affairs, and should thoughtfully consider the social and environmental impact of their
professional activities.

1.1 Members shall respect and help conserve the systems of values and the natural and cultural
heritage of the community in which they are creating architecture. They shall strive to improve the
environment and the quality of the life and habitat within it in a sustainable manner, being fully
mindful of the effect of their work on the interests of all those who may reasonably be expected to
use or enjoy the product of their work.

1.2 Members shall neither communicate nor promote themselves or their professional services in
false, misleading or deceptive manners.

1.3 An architectural firm shall not represent itself in a misleading fashion.

1.4 Members shall uphold the law in the conduct of their professional activities.

1.5 Members shall abide by the code of ethics and conduct and laws in force in the countries and
jurisdictions in which they provide or intend to provide professional services.

PRINCIPLE 2. Obligations to the Client

2.1 Members shall perform their professional work with due skill care and diligence.

2.2 Members shall carry out their professional work without undue delay and, so far it is within their
powers, within an agreed reasonable time limit.

2.3 Members shall keep their client informed of the progress of work undertaken on the client’s
behalf and of any issues that may affect its quality of cost.

2.4 Members shall accept responsibility for the independent advice provided by them to their
clients, and undertake to perform professional services only when they, together with those whom
they may engage as consultants, are qualified by education, training, or experience in the specific
areas involved and have the necessary resources to satisfactorily complete a commission.

2.5 Members shall not offer any inducements such as secret commissions, or enter into any secret
arrangement to procure an appointment.

2.6 Members shall observe the confidentiality of their client’s affair and should not disclose
confidential information without the prior consent of the client or other lawful authority; for example,
when disclosure is required by order of a court of law.

2.7 Members shall disclose to clients, owners or contractors, significant circumstances known to
them that could be construed as creating a conflict of interest, and should ensure that such conflict
does not compromise the legitimate interests of such persons or interfere with the architect’s duty
to render impartial judgement or contract performance by others.

PRINCIPLE 3. Obligations to the Profession

Members have an obligation to uphold the integrity and dignity of the profession, and shall in every
circumstance conduct themselves in a manner that respects the legitimate rights and interests of
others.

3.1 Members shall pursue their professional activities with honesty and fairness.

3.2 A member shall not take as a partner and shall not act as a co-director with an unsuitable
person, such as a person whose name has been removed from any register of architects otherwise

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than at his or her own request or a person disqualified from membership pursuant to the standards
and process prescribed in the Royal Australian Institute of Architects’ constitution.

3.3 Members shall not act in any way that brings the profession into disrepute.

PRINCIPLE 4. Obligations to Colleagues

Members have an obligation to respect and acknowledge the professional aspirations and
contribution of their colleagues and the contributions made to their works by others.

4.1 Member shall not discriminate on grounds of race, religion, disability, marital, status, or gender.

4.2 Members shall not appropriate the intellectual property of nor unduly take advantage of the
ideas of other architects without express authority from the originating architect. Members shall
build their professional reputation on the merits of their own service and performance and should
recognize and give credit to others for professional works performed.

4.3 Members should not attempt to supplant another architect, employed or consulting, who has
been appointed with a firm commitment for a particular job.

4.4 Members should not maliciously or unfairly criticize or attempt to discredit another architect or
their work.

SCHEDULE 5. Guidelines for RAIA Endorsed Architectural Competitions

Guidelines for Architectural Design Competition

 A competition is appropriate when the project is:

 Is of public significance
 Will benefit from a wide degree of design investigation
 Is to be on a significant or unusual site
 Will benefit from the public interest that a competition can generate
 Where design excellence is a high priority
 A competition is inappropriate when:
o The project is required as a matter of expediency or urgency
o It is not possible to appoint an appropriate jury
o The budget is insufficient to cover the total cost of the competition
o An adequate brief is not available
o The sponsor is unwilling or unable to ensure that the competition conditions
provide for competitors to retain their intellectual property and moral rights in their
design.

TYPES OF COMPETITION

Project Competitions. Project competitions lead directly to the construction of a specific project on
a specific site. The objective in holding such a competition is to select the best design and architect
for the project who will be commissioned to develop the design and complete the project.

Ideas Competitions. Ideas competitions can be held for projects that may or may not be built. They
are useful to explore significant design issues or design opportunities for significant sites.

Open Competitions. Open competitions permit any architect to enter the competition and are
appropriate where:

 All competing architects have an equal opportunity to be selected on the basis of

design merit

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  The design objectives can be clearly stated
 The project requires the widest exploration of potential solutions

Limited or Selected Competitions. Limited or select competitions restrict entry for specific reasons
such as:

 The architect residing in a specified area

 Budget restrictions
 Awareness of and sensitivity to local, regional or cultural issues
 Small projects

Commissioned Competitions. Commissioned competitions are appropriate where the client wishes
to have the design options for a project investigated by a small number of architects whose work is
of interest. The architects are paid a fee to cover the costs of their work.

Student Competitions. Student competitions are limited to those enrolled in a recognized

architecture course. Winners are usually awarded a scholarship, fellowship or travel prize.

STAGING

One-stage Competition. One stage competition select a winner and other prize-winning designs in
one step. For ideas competitions and real projects of moderate size, a one-stage competition is
usually sufficient to explore the design option for a project.

Two-stage Competitions. Two-stage competitions are appropriate for complex projects. They
encourage architects to undertake a broad exploration of design concepts in the second stage. A
two-stage competition:

 Attracts more entries by reducing the amount of work required in the first stage
submission
 Is an excellent process for selecting a limited number of promising concepts tghat
can be further developed in the second stage; and
 Provides the opportunity for comments by the client and the jury to be incorporated
in second stage development

THE ROLE OF THE CLIENT

The role of the client is crucial to the success of a design competition.

When commissioning an architectural design competition, the client is obliged to run it in

accordance with the procedures set out in the competition conditions. Prize money, fees and
honorariums must all be paid as promised. Any contract for ongoing professional services must be
awarded in accordance with the competition rules.

The client should act in good faith using their best endeavors to ensure that the project is
completed, wherever possible.

The cost, time and effort involved in holding a design competition depend on the complexity of the
project. A limited competition e.g. for a small project may be run over a few months at modest cost,
while an open two-stage competition attracting hundreds of entries for a complex major project, will
be a more expensive and longer process.

The winner should be given the first prize money and if the project proceeds, this becomes part of
the fee.

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The amount of prize money offered should be sufficient to attract competitors and should
acknowledge the effort and expense competitors must apply to make the competition a success.
The current schedule of prizes for architectural competitions recommended by the RAIA is
appended to this document.

THE ROLE OF THE COMPETITOR

The role of the competitor is to meet their professional responsibilities by acknowledging the
competition rules in any design they prepare, in particular by respecting the budget and program
requirements for the competition and the client’s statement of design intent.

Competitors must respect confidentiality requirements and restrictions regarding media statements
or comments contained in the competition rules.

Competitors must not attempt to contact the client, or any member of the jury. All entries must be
directed to the nominated Competition Advisor.

PROFESSIONAL COMPETITION ADVISOR (ADVISOR)

A competent Advisor can be critical in the success of a design competition. As a consultant to the
client, the Advisor is the person most directly responsible for planning, organizing and running a
design competition.

The advisor is an impartial intermediary between the client, the jury, a steering committee or
reference group, and where appropriate, the RAIA. To ensure impartiality, the Advisor should be
an independent architect capable of managing a competition objectively, with the welfare of all
participants in mind. The advisor must have no pecuniary or vested interest in the project.

SELECTING A PROFESSIONAL COMPETITION ADVISOR

The advisor should be an independent architect experienced in professional practice who has:

 The respect of peers

 Previous experience as an advisor, juror or competitor
 Technical knowledge of the competition process
 The ability to translate the client’s objectives into appropriate competition
procedures
 A belief in the value of the specific competition
 Sensitivity to the client’s goals

RENUMERATION

Generally, the advisor will be paid for advice and service. The amount will vary according to the
value of the project and the amount of work required. The Advisor may receive a fixed fee, a
retainer or an hourly fee, which must be negotiated between the client and the Advisor. An
agreement concerning the fee and the reimbursement of expenses must be reached prior to
commencement of the competition process.

ACCEPTING THE POSITION

In accepting the position of Advisor, the architect agrees to conduct a design competition under
conditions that are fair to both sponsor and competitors. The position of advisor should only be
accepted with the understanding that it requires a significant professional commitment.

TASKS

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The Advisor and the client should establish a detailed program for the competition, with the
responsibilities of the client and the Advisor clearly described. During the course of a design
competition the advisor will normally be responsible for:

 Determining the feasibility of holding a competition

 Examining the client’s program, site and budget
 Suggesting an appropriate competition format and its likely cost
 Drafting appropriate competition rules
 Assisting in the preparation of a design brief or selecting a brief writer
 Assisting in the selection of a jury
 Obtaining endorsement from the RAIA
 Advising on appropriate specialist consultants, if needed
 Planning the logistics of the competition process
 Screening registrants for eligibility
 Drafting the competition announcement
 Answering competitor’s questions
 Facilitating the judging process
 Checking designs for compliance with competition rules
 Assuring the proper payments are made.

THE CLIENT’S ROLE

A senior client employee with the appropriate delegation will be identified as the Advisor’s principal
point of contact.

 The client employee will be responsible for:

 Preparing the design brief and cost limitation
 Preparing any submission that are required
 Scheduling the order of events
 Assisting in the selection of a jury
 Planning for logistics and handling
 Ensuring the competition conditions reach the competitors
 Displaying the entries for jurors
 Arranging a public exhibition (if applicable)
 Returning or disposing of the entries (as applicable)

Abiding by the jury’s decision

DEVELOPING THE DESIGN BRIEF

The success of a design competition depends largely on the quality of the project brief. The project
brief for the competition should be clear, and as complete as possible.

TESTING THE DESIGN BRIEF

Testing the project brief is one of the Advisor’s most important tasks.

OBTAINING PROFESSIONAL ENDORSEMENT

It is important to obtain the endorsement of the RAIA. The Advisor should liase with the RAIA to
obtain endorsement of the competition so that it can be promoted widely amongst the maximize
interest and to engender confidence in the integrity of the competition.

INVOLVEMENT OF THE RAIA

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Endorsement

The RAIA supports sponsors wishing to run a fair and equitable architectural competition and who
seek RAIA endorsement. Applications for RAIA endorsement should be directed in writing to the
Chief Executive Officer. The Chief Executive Officer is authorized to give RAIA endorsement to
architectural competitions, following consultation with the RAIA president.

The RAIA endorses and promotes to its members competitions that:

 Are commissioned by a sponsor committed to completing the competition process

 Provide equitable conditions, procedure and assessment for all participants
 Are run by a professional advisor, appointed with advice from the RAIA
 Clearly define the design constraints
 Provide appropriate site and other pictorial or graphic information
 Encourage environmental responsibility
 Clearly define the competition rules and conditions
 Clearly define entrant eligibility requirements
 Have a realistic timetable and project budget
 Are assessed by a jury selected on advice from the institute and which may
include representation from the sponsor.
 Are assessed by a jury relevant to the competition brief
 Have fair and appropriate prize money separate from the subsequent commission
fees or remuneration suitably compounded into the fees.
 Provide arrangements for publicizing the winning design, its author and the
sponsor.

The RAIA does not support competitions :

 Run without the input of the RAIA or in an unfair or inequitable manner

 That ask a number of architects to prepare the same design submission, or
“register their interest” by submitting a design proposal without payment
 That require architects to act in a manner contrary to the requirements of the
relevant Architects Act and the RAIA’s Code of Conduct
 Which are open international competitions for building or projects in Australia of
major local or national importance not approved by the RAIA
 That include fee proposals as a major determinant for selection

Announcing the Competition

Invitations to competitors should include the following information:

 Brief description of the project

 Number of stages in the competition
 Eligibility requirements
 Amount of prize money
 Whether or not a commission will be offered to the winner
 Name of the advisor
 Names of the jurors
 The dates for registration and submission
 Amount of registration fee
 Where to obtain the competition conditions and registration form
 Registration Procedures
 The registration form should include:

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  Name and contact details of the competitors
 Qualifications and professional affiliations of the competitors
 Any other relevant registration details
 Signature of the competitors, acknowledging the need to comply with the
competition conditions

The advisor should prepare a list of all registrants. In some competitions, the client may wish to
announce how many architects are competing and how many states they represent. The list can
also indicate the size of the space that will be needed for displaying all the entries to the jury and
for exhibition to the general public (if applicable).

Registration Fee

A registration fee may be charged for entering an architectural competition and if so the fee should
be clearly stated in the conditions. The purpose of such a fee is to help meet the costs of
competition information/documentation and to restrict entry to serious competitors only.

Questions and Answers

The competition rules should allow competitors to ask questions. The deadline for questions
should be no later than one-third of the way through the design phase. As soon after this date as
possible, the Advisor should supply answers to all questions to all competitors.

The objective of the question and answer exercise is to clarify competition conditions, while
providing all competitors with information that is as accurate as possible. Care should be taken that
the advisor’s answers to question do not suggest a particular design solution and that the answers
are given with the full support of the client.

Display of Entries

The client must provide appropriate display space for judging that is comfortable, well lit, secure,
and large enough to accommodate the expected number of submissions. The display of drawings
and models must allow all entries to be fairly and properly seen.

Checking for Compliance

The client and the Advisor should prepare a checklist to confirm that all entries comply with the
competition rules. For complex projects the client may engage specialist consultants to confirm that
the entries comply with any budgetary or technical requirements.

If a mandatory requirement is not satisfied, the design should be marked accordingly, noting the
shortcoming.

If an entry fails to meet a mandatory requirement should be disqualified before the jurors view the
entries.

Occasionally, a competitor will exceed the submission requirements by submitting a model, extra
drawings or other information. Unless the competition rules allow the submission of additional
materials, these should not be considered by the jury.

Jury Schedule and Procedure

Before contacting possible jurors, the client and the Advisor should establish the timetable for the
competition. Time, resources and accommodation must be arranged so the jury can:

 Visit the project site if required

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  See all the entries in a fair and equitable way
 Have an appropriate space in which to deliberate
 Prepare the report explaining its choices

Inviting Jurors

The client and the advisor must decide on the preferred membership of the jury. It is the client’s
task to:

 Invite prospective jurors

 Describe the purpose and scope of the competition
 Indicate the time frame for jury service
 Indicate the remuneration a juror will receive
 Ensure the jurors elect a chair
 Report to the Jury

Before the jurors view the entries, the Advisor may report to the Jury Chair explaining why any
entries have been disqualified.

Notifying the Winners and Other Competitors

The client must notify the winner and runners-up as soon as practicable after the presentation of
the jury report.

The prize-winning architects should be told to regard the notification as confidential until a public
announcement is made.

Exhibitions

The competition conditions may provide for the public exhibition of the competitors’ drawings and
models. The client should arrange the exhibition or commission the Advisor to do so. The scope of
the exhibition will depend on the client’s intentions, the amount of public interest and the amount of
space available. Other forms of exhibition may be considered for particular competitions including
publication in the form of a book or on a website.

Returning the Submissions and Drawings

Shortly after the awards are announced (or after a post-competition exhibition is held) the client
may allow for the design submissions to be collected by competitors. In a two-stage competition,
submissions should not be released until after the final judging, even if no post-competition
exhibition is intended.

THE COMPETITON CONDITIONS

The competition documents should contain the:

 Competition conditions, which all participants must follow

 The design brief
 A statement of the client’s design objectives
 Information about the site
 Space requirements, relationships and all other technical details
 The budget

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  The submission requirements, including the number, type, size and scale of
drawings (or models) and written information where required

Conditions

The competition conditions should state:

 The type of competition

 Whether there are to be one or two stages
 If participation is private, open, limited (by residence, place of registration or other
qualification) or commissioned, including the fee to be paid to competitors
 Who is eligible to compete and proof of eligibility that is required
 The identity of the advisor and the composition of the jury (if known)
 The mandatory requirements that must be met
 The program

Restriction

Any restrictions on eligibility should be advised clearly. The rules should state that associates,
employees or direct family of the client, jurors or the Advisor are not eligible to compete.

Respect for the Conditions

A statement of agreement to respect all the conditions of the competition should be attached to the
registration form. The conditions should require the competitor to sign the statement and submit it
as part of registration.

Copyright

Competitors retain copyright to their entries. The client may make certain uses of the work
submitted including photographic or other recording of the submissions for archival and publicity
purposes. Where other uses are known, these uses should be stated in the competition conditions.

Moral Rights

The competition rules must require that the competitors clearly define their requirements for
attribution of their work in the competition submission and that they take responsibility that the
attribution requested is agreed to by all holders of moral rights in the design.

Use of Features from Unsuccessful Designs

The rules should state that features from unsuccessful submissions will not be incorporated into
the project without the permission of the author of that specific design feature.

Program

The program establishes the date:

 For registration as a competitor

 For submission of questions to the Advisor
 For any proposed site visits
 By which design submissions must be postmarked or by which submissions must
be received
 Of the jury’s deliberation (both first and second stage in two-stage competitions)

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Lodging Submissions

It is the competitor’s responsibility to wrap and ship design submissions so that they arrive intact
and on time. The client must disclaim any responsibility for loss or damage of design in transit. The
entries must be stored in a secure place. After announcement of the winner the client may keep all
entries for as long as it deems necessary. Competitors should be advised to make copies of their
submissions before dispatch so that they will have a record of their work.

Disqualification

The rules should describe the procedure for disqualification of an entry that fails to meet the
mandatory requirements set out in the competition conditions. It is the advisor’s role to disqualify
submissions that fail to meet the conditions, prior to being seen by the jury. Should there be any
doubt regarding a submission, the advisor may seek the advice of the jury chair.

A competitor may be disqualified if they communicate, regarding the competition, with the client,
jurors or any other consultant involved in the competition.

Jury’s Report

The competition rules should require the jury to write a report explaining its reasons for selecting
the winning design and ranking the other prize-winning designs, including any honorable mentions.
A copy of the jury report should be provided to each competitor and be published.

Authority of the Jury

The conditions must state that the client will be bound by the jury’s decision.

Awards

The number and amount of all prizes should be included in the announcement of the competition
as follows:

 The specific amount of money for each prize

 The basis for a commission to be offered to the winning designer
 Whether or not any prize money is to be deducted (wholly or in part) from the fees
for the commission
 Any scholarship for study or travel (if a student competition)

Appointment of Architect

For a project competition, the rules should state the winning architect will be offered a commission
by the client for the completion of the project. The conditions should describe the proposed
contractual relationship. The rules should include a statement outlining the alternative
compensation the client will pay the winning designer should the project not proceed beyond the
competition stage.

Right to Require Association

Should the jury of the client consider that the winning architect has insufficient experience or would
benefit from assistance, the designer may be required to form an association with another
consultant to develop the design and complete the project. The consultant should only be chosen
with the agreement of the client and the winning architect.

THE DESIGN BRIEF

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Checking the Brief

The advisor, in checking the client’s brief should balance the stated requirements with the
competitor’s freedom of design interpretation.

History and Background

The brief should include a concise, relevant history of the project along with an outline of the
client’s interests and intentions.

Design Intent

The brief should inspire the imagination of potential competitors with a clear expression of the
client’s design objectives.

Criteria

The brief should include the criteria that the jury will use in evaluating the entries.

Site Visit

The brief may require or recommend that all competitors visit the site. The client should arrange
the inspection. If a site visit is considered mandatory, the client should determine that each
competitor and the jury have made a proper visit to the site.

Site Information

Competitors must be provided with a detailed site plan with levels at an appropriate scale and
showing all adjacent buildings. This should be supplied in hard copy and digitally.

Space Requirements

A brief for a building project must include the area requirements, and:

 List areas functions and size

 Describe the relationships between various areas or departments
 Describe any special functional considerations, such as security needs or special
equipment
 Describe any special environmental or climatic considerations
 Outline any requirements for the disabled

BUDGET

Cost will be the one of the principal determinants of a project, both initial capital costs and
subsequent operational and maintenance costs. In this respect, competition projects are no
different from any other building project.

The client will have a specific budget available for the project. The client’s financial target should
be clearly stated in the competition rules and communicated to the jury.

Budget Target

Competitors must be instructed not to exceed the budget in their designs.

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Budget Estimate

Competitors may be asked to provide an estimate of the total cost of their designs as part of the
design submission.

Mandatory Budget Requirements

The client may engage a cost consultant to check competition entries for compliance with any
budget limitations.

THE SUBMISSION REQUIREMENTS

The conditions must describe precisely what design information the competitor must submit. The
advisor and the client should ensure that the design submission is sufficient to explain the design
without overelaborate or unnecessary drawings. The conditions should encourage the competitor
to concentrate on finding the best design solution rather than on its graphic presentation. In
general, the submission requirements should:

 Be clear and concise

 Stress design information in preference to graphic presentation
 Allow competitors the freedom and opportunity to express their ideas in the most
effective way.
 Submissions that ignore the rules should be disqualified. The conditions should
stipulate whether or not models, perspectives or additional drawings will be
accepted.

Drawings

The number, size, scale and type of drawings must be specified and kept to a reasonable minimum.

In general, scales should be set as possible as a guide to competitors of the level of detail that is
expected, while remaining consistent with the objectives and design intent of the competition.

Instructions regarding the number, mounting, orientation, size and relationship of panels and other
submission items must be precisely described.

Models

Models should only be required as design submissions where there is no reasonable alternative.

Explanatory Drawings, Diagrams or Statements of Design Philosophy

It is useful to require explanatory drawings or diagrams and a statement of design philosophy as

part of the submission, particularly if the competition is seeking information on a particular subject.
This information could include area or volume calculations.

Anonymity

Anonymity is to be protected. Competitors should be instructed to submit their designs double

wrapped when the exterior wrapping is removed, a plain wrapper with no markings should enclose
the submission. Identification by the competitor is achieved by affixing a sealed envelope to the
rear of the first drawing. The competitor should include their name, address and telephone number
inside the envelope.

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THE COMPETITION JURY

The selection of an appropriately qualified jury ensures expert judgement in the competition
judging process.

If the client decides that a project will benefit from exploration of the design options by many
professionals through the competition process, then experts in the appropriate field should make
the judgement of the best solution. Design professionals are generally willing to enter competitions
where they are confident of the ability and expertise of jury.

Obligations

It is a jury’s obligation to abide by the competition conditions when making its judgement. It is
therefore essential that before agreeing to serve prospective jurors carefully examine the
competition conditions.

In accepting the position, jurors agree to:

 Have no contact with any of the competitors

 Evaluate entries at the time established for judging
 Respect and maintain the anonymity of the submissions
 Abide by the requirements of the competition conditions
 Refrain from introducing considerations in addition to, or contrary to those
described in the conditions
 Make every effort to arrive at a consensus in the selection of a winner
 Submit a report explaining their decisions.

Jury Selection

The client, in consultation with an advisor will appoint the jury. The objective is to assemble a small
group of highly qualified, relevant designers capable of exercising sound judgement.

Jury Composition

Generally the jury should have from three to five members. Three jurors ensure different points of
view are examined while five allows specialists or other relevant jurors to be included in decision
making. Competition juries may be composed of the following:

 Relevant practicing design professionals

 Relevant scholars/academics
 Designers from fields related to the requirements of the competition
 Representatives of the client and/or eventual users

The majority of the members should be design professionals with substantial knowledge and skill.
Where the skills of disciplines such as sculpture, architecture, planning, landscape or engineering
are essential, persons from the relevant disciplines should be on the jury.

For some types of project, non-professionals or specialists may be appropriate members of the jury.
Competitors with specialized purposes such as used of certain materials or the incorporation of
particular features (such as energy conservation), should have specialized juries. Similarly,
different types of projects such as libraries, exhibition facilities and museums, require persons on
the jury familiar with the particular requirements of such projects. Librarians, curators, and
exhibition designers may all make excellent jurors. Their participation helps to ensure that specific
needs or issues will be considered.

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A jury’s composition will vary in accordance with the subject of a competition. The major advantage
of including a persons with professional or academic qualifications, is greater breadth of knowledge
that is available from a strictly specialist jury. Such a jury will make a better-informed decision.

The Jurors

The appointment of a balanced jury serves as an important assurance to competitors that the
competition has been well organized.

The Jury Chair

The client may either appoint a jury chair or leave the selection to the jurors themselves. In either
case, the primary function of the chair is to ensure that the jury’s deliberations proceed in a fair and
orderly way. After a winner is selected, the chair supervises the writing of the jury report.

Technical Advisors to Jury

It may be necessary in some competitions for the client to appoint one or more technical advisors
to assist the jury with specific aspects of the brief, and to provide advice on the competition entries
during the judging process.

Pre-Evaluation Procedures

 Prior to the evaluation of entries, a jury should:

 Select a chair (if one has not been identified)
 Visit the site where feasible or require
 Devote sufficient time to perform the evaluation
 Be given adequate assistance and support

The Evaluation Process

The selection of award winners is made by a progressive elimination of entries. Each jury will
determine its own voting procedures. More important than how votes are tallied however, is the
exchange of views that takes place during a jury’s deliberations, for decisions grow out of
discussion.

After the field is reduced to a short list of potential prize winners, a detailed examination of the
remaining designs should be made, the strengths and weaknesses compared and the workability
and affordability of the intended design confirmed. When all issues have been thoroughly
discussed, the jury should select the first prize winner and rank the remaining designs.

In the unlikely event of a jury deciding that none of the submissions meet the expectations of the
client, it may recommend that no first prize be awarded.

In two-stage competitions, a jury will convene on two or more occasions to evaluate submissions.
At the end of the first stage, the jury’s task is to choose those schemes that deserve further
development.

The Jury’s Report

After making its final selection, the jury must write a report explaining its decision. The report of a
jury has three basic functions:

1. Written evidence to competitions, the client and the public that the evaluation and
selection procedures were executed with fairness and care, thus conferring
legitimacy on the prize winning designs

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 2. An educational document that describes the criteria for evaluating the design, thus
stimulating the use of competitors and discussion among design professionals,
users and the public
3. A historic document that lists the winners and explains why specific designs were
chosen

The jury report is presented directly to the client. With the announcement of the competition results,
the report becomes a public document.

A jury report should be accurate, comprehensive and succinct. Each juror should have ample
opportunity to offer comments and suggestions, but the report as a whole should speak with one
voice. The report should:

 List the award winning designs and honorable mentions

 Make an appropriate statement of the reasons for the jury’s decision in regard to each
entry

RECOMMENDED PRIZE FOR RAIA ENDORSED OR SUPPORTED ARCHITECTURAL

COMPETITIONS

Method for the Calculation of Prize Money

1. For competitions in which contestants are required to produce a design, the total prize money
will be equal to the schematic design fee that would be due to an architect working under a direct
commission.

2. The RAIA current Fee Guide for conventional projects is the reference for determining the
appropriate total prize money.

3. There shall be three prizes awarded. The prize money is to be allocated as follows: 1st--60%,
2nd prize--30% and 3rd prize—10%

4. For competitions in which the project is to be constructed the winner shall be commissioned as
the project architect and the first prize money shall be credited against the fees due for the
commission.

SCHEDULE OF RECOMMENDED PRIZES

The following table provides worked examples using the above method of calculations for prizes,
excluding GST, on a range of projects of varying value:

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SCHEDULE 6. Fee Guide and Fee-Related Practice Notes

Fee Guide No. 8

1. Introduction

The following information provides guidance on the application of percentage-based and time-
based fees. Whatever fee bases are adopted by practices, each practice is responsible for
identifying its own optimum fee levels, taking into account its expertise and experience, its financial
objectives, and the characteristics of each project at hand. On the basis of such knowledge, each
practice is in a position to successfully establish appropriate fees with clients. The interests of the
clients and architects are best served by architects charging fees that will enable them to maintain
sound long term business performance and competency of work.

2. Percentage Fees

The graphs have been prepared in relation to various building types, classified in accordance with
their degree of complexity, and the extent and nature of services required to be provided in relation
to them.

They have been prepared where the core services denoted in the current RAIA/ACA Client and
Architect Agreement (long form) are to be provided.

The graphs are based on information from the architectural services cost survey, conducted twice
a year by the RAIA.

In applying the graphs, account needs to be taken of any services additional to the core services to
be provided by the practice, and also such project factors as tendering climate, building
procurement procedures, the characteristics of the site, and other regional characteristics.

The graphs are applicable to new projects only. For alterations and additions a higher fee will
generally be appropriate. The graphs do not include provision for payment by the practice to other
consultants or for reimbursable expenses.

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Architects should confirm in the scope of services who is responsible for payment of the fees of
secondary consultants and subconsultants, and adjust the fee upwards, if the architect is
responsible for paying such consultants.

2.2 Building Classifications

Classification 1--Conventional

Abattoir Fire Station Post office

Ambulance Station Funeral parlor Prison*

Apartment House Grandstand* Residential college

Bank* Gymnasium Service station

Boiler House Hall (not theater) Shopping center

Brewery* Hostel Sports pavilion

Cafeteria Indoor recreation building Stadium*

Child care center Laundry Storage (special)

Classroom building Library Swimming pool

Community center* Motel Telephone exchange

Cool store* Municipal center* Town hall*

Court house* Multiple unit housing Transport terminal

Department store Nursing home

Dining hall Office building

Educational Facility* Parking station

Exhibition building Passenger terminal

Factory Police station

Classification 2—Complex

Amenities building Cinema Educational facility*

Art gallery Community center* Film studio

Bank* Cool store* Hospital

Brewery* Court house* House (individual)

Broadcast studio Crematorium Kitchen

Church Dental surgery Laboratory

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Lecture theater Operating theater Theater

Medical center Prison* Town hall*

Municipal center* Railway station TV Studio

Museum Restaurant

Nursing home* Shop*

Classification 3—Simple

Cool store*

Hangar

Shed or shelter

Storage (general)

Warehouse

Note: indicates building type which might be classifiable in more than one category depending upon
the degree of complexity.

2.3 Progress Payments

There will be variations between practices as to the extent of services to be provided within each of
the services to be provided within each of the services stages and, therefore, the proportion of the fee
reasonably chargeable for each of those stages. Each practice must identify its own most suitable fee
apportionment for each service stage or each part thereof, and include this within the client and
architect agreement.

Examples of possible fee apportionments are as shown below.

2.4 Reduced Services

The percentage graphs relate to the continuous provision of all of the core services. Provision of
services less than the core services in the one project may incur additional work for the architect and
warrant a fee surcharge. In many instances, a surcharge of 10%-15% of fee for a particular activity,
would not be unreasonable.

2.5 Protracted contract administration services

Where the architect is required to provide protracted services, a fee surcharge of would be warranted
(refer clause E5 of the Client and Architect Agreement [long form]).

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2.6 Deferred Services

If the architect is required to defer services for 30 days or more, a fee surcharge would be warranted
(refer clause E6 of the Client and Architect Agreement [long form]).

3. Lump Sum Fee

The architect may agree with the client to charge a lump sum fee for those services defined in the
scope of services. The fee charged could be derived from a percentage calculation, time change
calculation, or some other method.

Should either the scope of services, or the scope of the project defined within the written brief change,
then the lump sum fee should be re-negotiated.

4. Time Charges

Principal’s and Staff Time

The charge for principal’s and staff time should be calculated by each practice (for guidance refer to
AN02.02.300)

For services in connection with litigation, a time charge fee is typically appropriate. Consideration
should be given to charging a minimum of three hours. Such services normally warrant a higher fee
than that applicable for other architectural services, For example, an hourly rate of 30% higher than
the principal’s usual rate might be warranted.

5. Copyright and Ownership of Documents

The foregoing information is based on the architect retaining copyright in the architect’s work and
retaining ownership of all documentation. Should copyright or ownership of the documents be
assigned to the client, this should be taken into account n assessing the fee, having regard to the
likely extent of reuse.

6. Goods and Services Tax (GST)

The graphs in this guide note are based on the cost of the work, excluding GST. Advice provided by
the Australian Taxation Office and the ACCC is clear that the fees must be calculated on the actual
cost of the building work, i.e. the cost excluding GST legislation requires that your client must be
advised of the total cost of the services. Therefore, once the fees have been calculated, GST at 10%
must be added to give the total fee. It is illegal to offer a fee which excludes GST.

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37 | P a g e
Small Projects Fee Guide

1. Purpose

The purpose of the note is to provide practitioners with an indication of an appropriate level of fees for
small projects, up to $1 Million gross construction cost. The guidance given in this note is based on
continuing research undertaken by the RAIA into the cost of providing architectural services and
includes an appropriate allowance for profit.

2. Introduction

The following information provides guidance on the application of percentage-based and time-based
fees. Whatever fee bases are adopted by practices, each practice is responsible for identifying its own
optimum fee levels, taking into account its expertise and experience, its financial objectives, and the
characteristics of each project. On the basis of such knowledge, each practice is in a position to
successfully establish appropriate fees with clients. The interests of the clients and architects are best
served by architects charging fees that will enable them to maintain sound long term business
performance and competency of service.

3. Percentage Fees

3.1 Percentage Fee Graphs

The graphs have been prepared in relation to various building types, classified in accordance with
their degree of complexity, and the extent and nature of services required to be provided for them.

They have been prepared where the core services denoted in the current RAIA/ACA Client and
Architect Agreement (long form) are to be provided.

The graphs are based on information from the architectural services cost survey, conducted twice a
year by the RAIA.

In applying the graphs, account needs to be taken of any services additional to the core services to be
provided by the practice, and also such project factors as tendering climate, building procurement
procedures, the characteristics of the site, and other regional characteristics.

The graphs are applicable to new projects only. For alterations and additions a higher fee will
generally be appropriate. The graphs do not include provision for payment by the practice to other
consultants or for reimbursable expenses.

Architects should confirm in the scope of services who is responsible for payment of the fees of
secondary consultants and subconsultants, and adjust the fee upwards, if the architect is responsible
for paying such consultants.

3.2 Building Classifications

As with other fee guides issued by the RAIA, the note provides an indication of the level of fees for
projects, where the building classification is one of three types: complex, conventional or simple.

It should be noted that projects up to $1 million gross construction cost could still be considered
complex in nature due to the scope of work and services, particular constraints of the site (heritage
and environmental) and the nature of the project.

For purposes of the percentage profile graphs , buildings are classified as those listed on below.

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Complex

Amenities building Dental surgery Nursing home*

Art gallery Educational facility* Operating theater

Bank* Film studio Prison*

Brewery* Hospital Railway station

Broadcast studio House (individual) Restaurant

Church Kitchen Shop*

Cinema Laboratory Theater

Community center* Lecture theater Town hall*

Cool store* Medical center TV Studio

Court house* Municipal center*

Crematorium Museum

Conventional

Abattoir Factory Passenger terminal

Ambulance Station Fire Station Police station

Apartment House Funeral parlor Post office

Bank* Grandstand* Prison*

Boiler House Gymnasium Residential college

Brewery* Hall (not theater) Service station

Cafeteria Hostel Shopping center

Child care center Indoor recreation building Sports pavilion

Classroom building Laundry Stadium*

Community center* Library Storage (special)

Cool store* Motel Swimming pool

Court house* Municipal center* Telephone exchange

Department store Multiple unit housing Town hall*

Dining hall Nursing home Transport terminal

Educational Facility* Office building

Exhibition building Parking station

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Simple

Cool store*

Hangar

Shed or shelter

Storage (general)

Warehouse

Note: indicates building type which might be classifiable in more than one category depending upon
the degree of complexity.

The graphs indicate a fee for continuous service consisting of schematic design, design development,
documentation, tendering and negotiating and contract administration.

They allow for adequate expenditure on professional development, marketing, salaries at commercial
rates, and investment in new technologies.

3.3 Progress Payments

There will be variations between practices as to the extent of services to be provided within each of
the services to be provided within each of the services stages and, therefore, the proportion of the fee
reasonably chargeable for each of those stages. Each practice must identify its own fee
apportionment for each service stage or each part thereof, and include this within the client and
architect agreement.

3.4 Reduced Services

The percentage graphs relate to the continuous provision of all of the core services. Provision of
services less than the core services in the one project may incur additional work for the architect and
warrant a fee surcharge. In many instances, a surcharge of 10%-15% of fee for a particular activity,
would not be unreasonable.

3.5 Protracted contract administration services

Where the architect is required to provide protracted services, a fee surcharge of would be warranted
(refer clause E5 of the RAIA/ACA Client and Architect Agreement [long form]).

3.6 Deferred Services

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If the architect is required to defer services for 30 days or more, a fee surcharge would be warranted
(refer clause E6 of the RAIA/ACA Client and Architect Agreement [long form]).

4. Lump Sum Fee

The architect may agree with the client to charge a lump sum fee for those services defined in the
scope of services. The fee charged could be derived from a percentage calculation, time change
calculation, or some other method.

Should either the scope of services, or the scope of the project defined within the written brief change,
then the lump sum fee should be re-negotiated.

5. Time Charges

Principal’s and Staff Time

The charge for principal’s and staff time should be calculated by each practice (for guidance refer to
AN02.02.300)

For services in connection with litigation, a time charge fee is typically appropriate. Consideration
should be given to charging a minimum of three hours. Such services normally warrant a higher fee
than that applicable for other architectural services, For example, an hourly rate of 30% higher than
the principal’s usual rate might be warranted.

6. Goods and Services Tax (GST)

The graphs in this guide note are based on the cost of the work, excluding GST. Advice provided by
the Australian Taxation Office and the ACCC is clear that the fees must be calculated on the actual
cost of the building work, i.e. the cost excluding GST legislation requires that your client must be
advised of the total cost of the services. Therefore, once the fees have been calculated, GST at 10%
must be added to give the total fee. It is illegal to offer a fee which excludes GST.

7. Copyright and Ownership of Documents

The foregoing information is based on the architect retaining copyright in the designwork and
documentation . Should copyright be assigned to the client, this should be taken into account in
assessing the fee, having regard to the likely extent of reuse.

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42 | P a g e
Fees for Partial Services

1. Purpose

This note is intended to provide guidance for setting fees for other than full architectural service. It
may be of assistance when apportioning fees for partial services provided under joint venture
arrangements or where other professionals, such as project managers provide some of the services
traditionally performed by the architect.

2. Partial Services

Partial services are commonly associated with projects procured through non-traditional methods,
where other parties carry responsibility for certain aspects of the design, documentation or contract
administration processes.

Partial services are often encountered where:

 A project manager assumes a part of the role normally undertaken by the architect.
 Non-traditional procurement such as design and construct is used.
 The project is located in a remote area.
 Full contract administration and certification is undertaken by others.

3. Establishing Fees

3.1 The objectives of effective fee agreements are to:

Enable the provision of the service the client actually requires

Clearly identify the services to be provided

Identify services that are excluded

Establish a framework to enable claims for additional fees where appropriate

Minimize disputes regarding services or fees

Achieve a commercially viable profit margin

Maintain a regular monthly cash flow through regular fee billing

Minimize exposure to currency fluctuation, overseas taxes and bad debt

Minimize exposure to delay and extended contract programs

3.2 Where possible, separate fees should be negotiated for additional services, such as those set out
below. These will usually be established on an hourly basis:

Predesign Brief preparation

Feasibility studies Expert research

Master planning

Facility planning

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3.3 If using specialist consultants, their fees should be additional and identified separately from the
architects’ normal services and fees. These include services and fees. These include services such
as:

Acoustics Façade engineering Fire safety engineering and

code compliance
Graphics Programming
Traffic engineering
Interior design Project management
Building code certification
Food and beverage design Statutory planning
Town planning
3.4 Reimbursable expenses should be clearly identified, including:

Models Printing and photography

Presentation perspectives Authority charges

Marketing materials Overseas or interstate couriers

Travel costs and time Extra copies of documents

Accommodation and living away costs

4. Percentage Fees Based on Construction Values

The graphs in the current RAIA Fee Guide No. 8 have been prepared where the core services set out
in the RAIA/ACA Client and Architect Agreement are to be provided.

The following table is designed to be of assistance when negotiating fees for partial services and
should be read in conjunction with the current RAIA fee guide.

This table may be useful when negotiating with clients with clients, project managers and others to set
the architect’s fees, where services are only partially provided.

Non-traditional procurement methods often rely on trade package documentation, which can have the
effect of increasing the cost of documentation by as much as 15%. Also, project managers or design
managers involved in these projects too often increase the architects’ work load by requiring
excessive reworking of documents to achieve savings or the generation of multiple design options as
part of the decision making process.

Construction phase and contract administration services are often partially undertaken by other
building professionals and commonly result in a fee portion of 15% to 20%, in lieu of 35%, as noted in
the RAIA fee guide.

It should be noted that, where not providing full contract administration services particularly in design
and construct projects, the cost of the base construction must be agreed from the outset and an
appropriate allowance, usually 17-20% for preliminaries plant and profit, allowed for.

Where the project is located overseas, the value of the works should be assessed in the place where
the architectural services are provided, not based on market rates related to the location of the project.

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5. Fees for Partial Services

The following table gives guidance on the extent to which percentage fees could be varied to allow
appropriately for the provision of partial services. The detailed break-up of the fees should always be
agreed with the client at the outset.

Column 1 is based on full continuity in the architect’s services through all the stages shown.

Column 2 serves as a guide when full continuity in the architect’s services does not apply and the
service is considered to be a partial service. The increase in this column over Column 1, recognizes
that additional work is required to ensure that the services that are provided have sufficient added
detail to overcome the absence of continuity of the services, between work stages or within a stage.

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References:

SCHEDULE 1. Memorandum and Articles, Regulations and By-Laws

https://www.accc.gov.au/system/files/public-registers/documents/D04%2B62688.pdf

SCHEDULE 2. Standard form Client and Architect Agreements and Related Documents

https://www.accc.gov.au/system/files/public-registers/documents/D04%2B62690.pdf

SCHEDULE 3. State and Territory Architects Legislation

https://www.accc.gov.au/system/files/public-registers/documents/D04%2B62692.pdf

SCHEDULE 4. RAIA Code of Professional Conduct

https://www.accc.gov.au/system/files/public-registers/documents/D04%2B62696.pdf

SCHEDULE 5. Guidelines for RAIA Endorsed Architectural Competitions

https://www.accc.gov.au/system/files/public-registers/documents/D04%2B62699.pdf

SCHEDULE 6. Fee Guide and Fee-Related Practice Notes

https://www.accc.gov.au/system/files/public-registers/documents/D04%2B62703.pdf

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