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An architect can be held responsible for any structural flaws or defects in the building for which he/she was hired, for a maximum period of three years after the building is handed over to or occupied by the owner (whichever is earlier). This can lead to a consumer protection case against the architect.
A person can complain about an architect’s conduct if the architect does not exhibit fairness and impartiality in a work assigned, or is caught taking commission or any such inducements, or any other forms of professional misconduct. You can complain to the Council of Architecture.
Council of Architecture
The Council of Architecture is a statutory body constituted by the Government of India under the provisions of the Architects Act, 1972, enacted by the Parliament of India. The Council of Architecture is charged with the responsibility to regulate the education and practice of professional architects throughout India, besides maintaining the register of architects. Further, it oversees architectural standards periodically by way of conducting inspections through Committees of Experts.
Process of complaint and penalties against an architect
Any violation of the duties of an architect will be considered as professional misconduct and will attract disciplinary action. Additionally, the Council can take any of the three actions listed below after an inquiry:
- Reprimand the said architect
- Suspend their practice as an architect
- Remove their name from the register of architects(( Section 30, Architects Act, 1972))
You can find a format of a complaint here. A committee constituted by the Central Government looks into all complaints against architects and inquiries relating to misconduct of architects. (( Rule 35(1), Council of Architecture Rules, 1973))
Further, in case you come across any unregistered person who is impersonating someone, posing, misrepresenting or misusing the title of ‘Architect’, you can file a complaint against such person(s) along with relevant supporting documents online at the Complaint form available on the Council’s website.
Nazim
September 13, 2023
If builder gave posession without occupation certificate then can I lodge Complaint against architect also?
Not form Housing society and bp department ALO officer case against builder in shinde wadi Court.for not obtain OC.
Alka Manral
September 3, 2024
While you can lodge a complant agaisnt the builder, the job of the architect is generally to just design the buidling according to approved plans. They could be held liable for designing non compliant structures. However, you would have to possess proof of either complicity with builder or negligence on part of the architect.
Dharmesh ojha
March 21, 2024
How can I file case against architect?
Joe Kumar
August 26, 2024
Where can I submit a complaint about my architect who taken our full payment on construction of our home, completed half way and disappeared. We have submitted a complaint with the respective court.
Thank you.
Sikha
November 8, 2024
If you need to file a case against an architect, you need to do the following: Firstly determine the nature of your complaint. Common reasons for filing a case against an architect include professional negligence, breach of contract, faulty design, or failure to meet building codes and regulations.
Secondly, Collect all relevant documents, including contracts, emails, plans, designs, invoices, and correspondence with the architect.
Document the problems or defects in the architectural work. This could include photographs, expert reports, or testimonies from other professionals.
Third, review your contract. Check the terms and conditions in your contract with the architect. Look for dispute resolution clauses, arbitration requirements, or other provisions that affect how you can file a case.
Finally, when you understand your problem in depth, seek advice from a lawyer specializing in construction law or professional liability. They can assess your case’s merits, advise on the best action, and represent you in legal proceedings if needed.