Architect censured and fined for failing to advise client...

An architect has been censured and fined $1,500 for failing to advise their client that work could not proceed without first obtaining a building consent. The architect knew the consent was needed but proceeded with site work anyway.

Like many individuals right now, the clients were hopeful homeowners. It is a legal requirement that construction site work can only proceed once homeowners obtain the necessary building consent.

Not only did the architects not advise their clients of this requirement, but they also failed to raise concerns about the potential implications of not getting it.

The Disciplinary Board found that the architect’s conduct breached the duty to act with care, skill, and diligence.

The Board agreed that a competent architect would know when building consent was required. With this knowledge, they should inform their client and cease to participate before consent is obtained. The potential consequences of failing to comply with the relevant law should be explained to the client as part of their professional responsibility.

The Board confirmed that registered professionals such as architects should guarantee the process complies with the law. Clients looking to become homeowners do not want to see the process delayed or worse.

It is important to ensure you are engaging the right architect who will discharge their professional responsibilities in accordance with the law. If you are a homeowner looking to start construction, raising these questions with the architect you choose early on will be beneficial.

Leading law firms committed to helping clients cost-effectively will offer a range of fixed-price Initial Consultations to suit most people’s needs for quickly learning about their options. At Rainey Collins our experienced team can answer your questions and put you on the right track.