ARBV Update

Edition 20, March 2025

Welcome to the first ARBV update for 2025!

There are a range of upcoming events for architects, including ARBV’s CPD program which is outlined below.

In this update we provide a case study about project budgets to help navigate this area of practice and provide links to relevant resources. As the ARBV is also active in protecting the title of architect, we have included a second case study regarding a recent prohibited conduct matter. 

Following our Deep Dive into D&C Procurement webinar we received a large volume of questions and have included some practical tips to help navigate this area of practice.

Maggie studied at the University of Melbourne in the late 1960’s, winning several awards for excellence during her studies, before graduating in 1969. An early partnership with landscape architect Robin Edmond was followed by a partnership with Peter Corrigan, which commenced in 1975.  Edmond and Corrigan went on to be widely associated with the emergence of architectural postmodernism in Australia, an interest in suburbia and the search for an Australian architectural identity.

During her career, Maggie has been an outstanding contributor to the architecture profession, to education, and within the broader community. She has served on numerous committees for the RAIA Victorian Chapter and has served as juror and jury chair for awards programs consistently since 1977. In 2024, she was retrospectively awarded the 2003 Australian Institute of Architects Gold Medal together with the late Peter Corrigan. In the same year she was made a Member of the Order of Australia.

Under the Architects Act 1991, the ARBV may determine whether an architect’s professional conduct or fitness to practise should be the subject of an inquiry. Inquiries are conducted by the Architects Tribunal which is independent of the ARBV. A Tribunal is constituted as required from a Tribunal member panel appointed by the Minister and must include 3 panel members, 1 of which must be a practising architect.

Maggie Edmond has been a valuable and respected member of the Architects Tribunal from 2006 to January 2025. 

Frequently asked questions

At the ARBV we receive a range of questions throughout the year from both architects and consumers. Following our recent webinar Deep Dive into D&C Procurement we received a large volume of questions. We have distilled some key themes arising from the questions and rather than responding to individual questions, we have put together some practical tips that may address some of the issues and concerns raised.

D&C Procurement – some practical steps to minimise risks

There are risks for architects associated with the ‘Design & Construct’ model of procurement.  However, there are some practical steps that architects can take to minimise those risks or to respond to common issues during the different stages of the project.

Where architects are engaged to provide services and the developer is using a D&C procurement model, architects should carefully consider the terms of their contract and obtain legal advice on it.  For example, the architect should:

• where possible, avoid appointment as lead consultant and accepting responsibility for other consultants’ input
• seek to exclude contract terms that make them responsible for design compliance or which provide warranties in relation to compliance
• ensure that, if the developer is seeking to limit the scope of services the architect is to provide, the contract clearly specifies the limited scope of the work and requires the developer to acknowledge that full compliance with the Building Act/Building Code of Australia adequate for obtaining a building permit, will not be achieved via that limited scope of work.

Where a contract has been novated to the builder, who is directing that changes be made to the design, the architect should:

• refer those proposed changes to the relevant building surveyor and to any other relevant consultant, such as a fire engineer, to check whether those changes will have any effect on the design’s compliance and whether an amendment to the building permit is required
• require the builder to provide evidence that the change is appropriate – for example, where the change involves a substitution of a material, the architect should require material demonstrating the product’s suitability and should provide that to the building surveyor for assessment
• continue to liaise with all consultants to ensure that any proposed changes by the builder do not have consequential effects on other parts of the building’s design.

For the duration of the architect’s role in the project, the architect should:

• turn their mind to whether the design will comply with the BCA and take positive steps to ascertain whether any performance solutions are required and have been obtained
• continue to take steps to satisfy themselves that any changes directed or otherwise made by the builder to the design are notified to the building surveyor and other relevant consultants prior to being implemented.

When the architect is first retained, where possible they should advise on the known risks associated with the D&C method of procurement – in particular, the higher rate of building defects commonly associated with this method.  The State Government’s new legislation amending the Building Act imposes new obligations on developers, including an obligation to comply with a direction to fix which will be able to be issued up to 10 years after building work has been completed and the requirement to pay a bond in respect of defects in apartment buildings.  These changes are designed to hold developers accountable for building defects and it may be appropriate for architects to advise developers on contractual arrangements where the architect’s ongoing involvement and independent oversight during the construction stage is likely to help them mitigating risks of defects.

Clients expect, as design professionals, architects will be able to provide good advice about project feasibility and project cost. Unfortunately, the ARBV has received an increasing number of complaints about the failure by architects to deliver a project for a specific budget.

In one recent case an architect explained that they relied on an external consultant to provide cost advice. Although there is nothing fundamentally wrong with this approach, it will mean that the architect will need to commence designing before they have any cost advice to hand to rely upon. Therefore, the architect will need to rely on their own expertise and experience to guide a design outcome for the specified budget. It is reasonable for the client to assume the architect will design to the budget that has been communicated. In these circumstances, the architect should manage the client’s expectations by clearly defining how the budget will be determined and at what stage. A failure on the part of the architect to reasonably manage the client’s expectations through clear and definite communications with them about their budget and potential project costs, particularly if the project scope changes or increases, could result in an architect being in breach of their professional obligations.

In the case above, it appears the architect also failed to document important conversations they had with the client about cost concerns. A lack of documentation and record keeping is likely to fall short of the expected standards of professional conduct. In some circumstances, clients may not be clear in defining their budget, or may not divulge their budget at all. In these instances it is important for the architect to make a budget estimate on behalf of the client when establishing the brief.

It is important to document any conversations you have had with the client regarding budget, including where the client has disregarded your advice. Some clients may believe that by ignoring your advice they can use this to their advantage if the project comes in over budget. To protect yourself against this risk and potentially being in breach of your professional standards obligations, it is essential for you to keep good records. The outcome in the case above could have been avoided if the architect had communicated with the client in a way that was effective to manage their expectations about their budget and project costs.

For information on the Victorian Architects Code of Professional Conduct, see our website to access.

Case study - Prohibited Conduct

The ARBV is active in preventing offences against the Architects Act. For example, in January 2025 the ARBV began looking into a person who was representing his business as providing architectural services. Neither the person or their company were registered with the ARBV.

This person was advised by the ARBV that the use of the term ‘architecture’ could only be used in a building design setting by a registered architect. Whilst this person was initially dismissive and stated that they would not remove the offending terms from their business name, website or email address, subsequent follow-ups with formal letters advising of the ARBV's next steps, led this person to a change of heart.

In mid-February an internet search was conducted and identified that the web address was no longer active and all previous information within it had been removed.

This person also subsequently advised the ARBV that they had formally requested to change their business name and email address.

The ARBV’s success with this approach has reduced the necessity of commencing formal prosecutions in the Magistrates' Court.

For more information on Prohibited Conduct, visit our website  - https://www.arbv.vic.gov.au/architectural-industry-prohibited-conduct

Upcoming ARBV Webinars

We have a range of webinars planned as part of our CPD Webinar program.

The following upcoming webinars are scheduled, but have yet to be published. Keep an eye out for invites closer to the event:

• 9 April: Architects & Compliance - Navigating Professional and Business Responsibilities
• 7 May: A close look at performance solutions and the architect's role in the performance solution process
• 28 May: Deep dive into Disruptive forces
• 25 June: Assessing the suitability of building products and materials under the NCC – what steps should architects take?

This will make a total of 9 webinars presented in the current financial year, which when attended live and the questionnaire is completed are eligible to be recognised as formal CPD.

VBA Practice Note for amending approved plans

The Victorian Building Authority (VBA) has developed a Practice Note with guidance on design changes occurring after a building permit has been issued. Importantly, the Practice Note highlights the need for these changes to be submitted to the relevant building surveyor for an amended permit before work begins. 

The VBA have also developed a short educational video on this topic.

For more information about building permit requirements, refer to Building Practice Note: Building Permits and Other Exemptions (BP 01).

Auditees were asked to provide a record of their CPD activities for the period 1 July 2023 to 30 June 2024, including any documents supporting formal hours accrued. The audit results were disappointing with 30% of respondents providing insufficient proof of their CPD activities to substantiate the positive declaration made at the time of renewal. In addition, 13% of auditees did not respond to the ARBV’s request and are now subject to disciplinary action.

In comparison with last year’s audit results, there has been some improvement overall. However, once again we note the need for all architects in the practising class to keep an accurate record of their CPD activities for at least 5 years. All supporting documents should clearly identify the architect as the participant in claimed CPD activities. This will ensure that if you are selected to participate in a future CPD audit, you have a complete record of your CPD activities ready to provide to the ARBV. 

There are details on our website, including a CPD record template that may assist you in recording your CPD activities.

CPD serves as a vital educational tool, helping architects meet compliance requirements and keep informed of current issues and developments that may affect their practice. It also fosters connections among architects and promotes innovation within the field.

If there are personal circumstances (such as ill health) which have impacted your ability to meet your CPD obligations during the registration year, you may seek an exemption. If you intend to seek an exemption to your CPD obligations you need to notify the ARBV, in writing, for approval within the relevant registration year or within 2 months of the end of the registration period and keep a record of the granted exemption.  

Your CPD exemption request should be sent via email to registrar@arbv.vic.gov.au and outline the circumstances which have prevented you from meeting your CPD requirements.

Lastly, you should complete your registration renewal and CPD declaration yourself and be mindful that it is an offence under section 67 of the Architects Act 1991 (the Act) to make false statements to the ARBV.

The Act provides that all architects in the practising class must comply with CPD requirements and provide written proof of their compliance. This proof is in the form of a declaration made during the annual renewal process. In addition to this, the Victorian Architects Code of Professional Practice (Schedule 1 of the Architects Regulations 2015) requires architects to maintain their skills and knowledge.

More information regarding CPD requirements can be found on the ARBV website.

Renewal 2025 starting soon

The renewal period is almost upon us! It is important to ensure you keep your registration up to date. Keep an eye out for correspondence from the ARBV letting you know that the renewal period has started.

You are obliged to keep your contact details up to date and this is a good opportunity for you to check that your contact details and your employer information held by the ARBV are still current. It also means that you won’t miss any important communications from our office.

Log in to your ARBV profile via the portal to check your details and update your address or telephone number. If you need to update your email address, send a request to registrar@arbv.vic.gov.au and we will update your email address on your behalf.