Use of the title "architect"      

The statutory restriction

Under section 20(1) of the Architects Act, a person may only practise or carry on business under any name, style or title containing the word "architect" if registered.  There is no restriction on its use in any other circumstance.  The words in the current Act reflect those of the 1938 Architects Registration Act under which it was decided that the use of the suffix "FRIBA" constituted an infringement.

The fine for contravening section 20 is currently set at a maximum of £2,500.  In 2004/5, the ARB claims that it has processed approximately 500 "alleged title abuse enquiries".  However, of those 500, it says it has successfully prosecuted only 5 cases.

Use of title by companies

By subsection 20(3) corporate bodies firms or partnerships can  carry on business under a name, style or title containing the word "architect" provided that (in broad terms) the architectural business is run by a registered person.   However the Board may (by rules made under subsection 20(4) – see General Rules, Rule 25) effectively limit the application of sub-section 20(3) to those corporate bodies firms or partnerships who have supplied information necessary for determining whether the architectural business is run by a registered person.  (Presumably this is the reason why on application to register a company with the word "architect" in the title, Companies House directs applicants to the Architects Registration Board.)

The rule-making power under sub-section 20(4) appears to be limited to prescribing particular information to be provided to the Board viz. "such information necessary for determining whether [subsection 20(3)] applies".  The subsection makes no provision for levying any fee. 

(The restrictions on use of title and the exemptions are considered in the Aaruk paper The Architects Act – Analysis with some Passing Remarks and questions for policy-makers, at "The general burden".)

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