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The Architect and the Law
10/22/13

The profession of architect is no longer limited to drawing up plans. Today, the architect has become a veritable orchestra conductor, increasingly subject to legal obligations and manifold responsibilities. The volume provides an overview of these obligations and their significance to the architect.

COVER ArchitecteFrom the introduction of their book “L’architecte”(1), Jean-François and Laurent-Olivier Henrotte, law lecturer at the Université de Liège Faculty of Architecture, are setting the stage: The profession of architect is becoming increasingly complex. The demands that govern the proper performance of the architect's duties are ever more numerous. Even if this should always be appreciated in relation to the act of building lato sensu, the architect's knowledge must henceforth be more extensive and more specific than previously.” The book addresses not only the status of the architect, who is much like a “conductor of an ensemble, which, if he does not lead it carefully, will play a cacophony of noise,” but also the obligations that fall on the architect. After the success of the first edition issued in 2008, this second edition pursues the objective of offering the architects a full view of the regulations that frame the practice of their trade. This new edition is essential as the reference work for architects. It is true that nothing more of any consequence has been published since Paul Rigaux’s book, “L’architecte, le droit de la profession” published by Larcier in 1975 and updated in 1993. The practise of the profession has evolved considerably over the last twenty years. An evolution that sometimes feels like a revolution.

(R)evolution of the profession

“L’architecte” is divided into six parts: the practice of the profession of architect; contract law; the architect’s responsibility; administrative authorisations and the architect; copyright protection; and protection of privacy and personal data. “The profession has evolved considerably over the last few years,” Laurent-Olivier Henrotte explains. “As regards both the constraints on and the rights of architects. For example, copyright raises several questions. What is an original work? Is a work copyrightable? In what context? Does copyright apply as from the design? And so on. Questions that, moreover, have acquired an additional dimension with the introduction of new means of electronic communication.” This issue, connected to copyright law, was addressed by Jean-François Henrotte in his work, it being one of his specialities.

The first part of the book specifies the context within which architects are evolving by describing the conditions for practising the profession, the monopoly and compulsory competition of architects, the incompatibility of practising their professions with that of a contractor, the nature and organisation of the Ordre des architectes (the Belgian Architects Association), the rules of conduct and the issues related to advertising. In short, a sufficiently complete description of the reality in the trade. The second part addresses contract law in detail along the two lines that comprise it: the architectural contract under private law and the architectural contract in the public sector. This part clearly deals with the contractual obligations of the architect but also considers the special characteristics of the architectural contract concluded by electronic means. If there are many changes to a building that do not require the services of an architect, over the years, the architect’s area of responsibility does nonetheless appear to be expanding. Furthermore, often it is better, even when there is no obligation, to resort to the services of a professional. And Laurent-Olivier Henrotte cites an example of horse loose boxes that were poorly constructed by the contractor. “The presence of an architect ensures good follow-up of the works and prevents nasty surprises on completion of the construction,” he says.

(1) Jean-François Henrotte and Laurent-Olivier Henrotte, “L’architecte. Contraintes actuelles et statut de la profession en droit belge”, 2nd edition, Larcier, 2013.

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