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Code of

Ethics
&
Professional
Conduct
2018

www.iab.com.bd

evsjv‡`k ¯’cwZ Bb&m&wUwUDU


INSTITUTE OF ARCHITECTS BANGLADESH
Code of
Ethics
&
Professional
Conduct
2018

evsjv‡`k ¯’cwZ Bb&m&wUwUDU


INSTITUTE OF ARCHITECTS BANGLADESH
Table of Contents

Foreword to the Second Edition ...................................................................... 4

Preamble ................................................................................................. 6

Principle One : Faithful Discharge of Responsibilities ............................... 8

Principle Two : Obligation to the Profession ............................................ 10

Principle Three : Remuneration .............................................................. 14

Principle Four : Involvement with Other Trades ....................................... 16

Published by Principle Five : Involvement with Other Persons ...................................... 18


Institute of Architects Bangladesh (IAB)
IAB Centre, Plot-11, Road-7, Block-E, Agargaon Sher-E-Banglanagar, Dhaka, Bangladesh Principle Six : Advertising & Soliciting ................................................... 20
www.iab.com.bd

© 2018 Institute of Architects Bangladesh Principle Seven : Obligation to Colleagues ............................................. 22


The Code of Ethics & Professional Conduct has been formulated by IAB. Principle Eight: Obligation to Society & Environment ............................. 24
Similar codes published by foreign professional bodies have been used as resource for some sections.

First Edition: May, 2010 Procedure of Inquiry & Disciplinary Action for Professional Misconduct,
Second Edition: December, 2018 Unethical Act and Malpractice ....................................................... 26
4 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 5

Foreword
to The 23rd Executive Council of the Institute of Architects Bangladesh is please
to publish the second edition of the Code of Ethics & Professional Conduct as
Second Edition approved in the Bi-AGM of IAB held on 07 December, 2018.

The 22nd Executive Council constituted a Committee to review the first edition
of the Code of Ethics & Professional Conduct which was published in 2011.
The Code of Ethics Review Committee comprised of the following respected
Members of IAB:
Chairman : Ar. Jalal Ahmed, FIAB
Member Secretary : Ar. Dewan Shamsul Arif, MIAB
Members : Ar. Qazi M Arif, FIAB
: Ar. Ehsan Khan, FIAB
: Ar. Mamnoon Murshed Chowdhury, MIAB
: Ar. Asif M Ahsanul Haque, MIAB

‘Principle Eight: Obligation to Society & Environment’ is a new addition to the


Code. Content and text of ‘Principle Six: Advertising and Soliciting’ as well as
some texts of other Principles have also been amended. The Procedure of
Inquiry & Disciplinary Action have also been updated to comply with 2013
amended version of the Constitution of IAB and the latest version of the IAB
By-Laws.
6 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 7

The Regulations given in this part have been framed to give effect to the
Objects 3.0 (ka), (kha), (cha), (ja) & (jha), and articles 2.7.1, 2.7.3 & 2.7.5 of
the Memorandum of Association and the Constitution of Institute of Architects
Bangladesh (lAB).

These Regulations will regulate and guide the Members of lAB in their
professional conduct in Bangladesh. Similarly, these Regulations will also
give protection to the Public who avails the services of Architects.

Wherever the word "Member", "An Architect" or "the Architect" is used, it refers
to all Fellow, Member and Associate Members of IAB.

Wherever the words “she” and “her' are used, it refers to both female and male.

Preamble Members must adhere to the Code of Ethics & Professional Conduct as set out
hereunder, failing which, the Member shall be debarred from certain privileges
of a Member, reprimanded or suspended or expelled as per articles 2.8 & 2.9
of the Constitution of lAB.

Under these Regulations, a Member may be held responsible not only for their
own actions but also for the conduct of their practices. They are advised,
therefore, to bring this Code to the notice of all those associated with them in
practice.

A Member who in a circumstance finds that her professional interest conflicts


with the Principle of these Code, shall as the circumstances may require, either
withdraw from the situation or remove the source of conflict within six months
of adaptation of these Code. After that, the Code will be binding upon all the
Members.

In case of a professional misconduct not specifically covered by these


regulations, it will be dealt with by the Executive Council of IAB with regard to
the particular circumstances.

The Code of Ethics & Professional Conduct may be amended by IAB under the
procedures necessary to amend any by-laws of the Institute.
8 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 9

1.1 A Member shall faithfully carry out the duties undertaken by her, having proper
regard for the interests of those who engage her services and of those who may be
expected to use or enjoy the product of her work.

1.2 A Member, in private practice, at the inception of any engagement shall present
formally in writing to her client the IAB Standard Agreements, Recommended Scale
of Minimum Fees and agree with her client that those shall be the basis of her
appointment.

1.3 A Member practicing anywhere in Bangladesh shall comply with all statutory
building and relevant laws with reasonable care. If in the course of professional work
related to a project, a Member becomes aware of a decision taken by her employer or
client which violates any building or relevant law or regulation and which will, in the
Member's judgment, materially affect adversely the interest or safety to the public of
the finished project, the Member shall, in writing,
a. Advise the employer or client against the decision,
Faithful
Discharge b. Refuse to consent to the decision,
Principle One of c. Report the decision to the local building inspector or other public official
charged with the enforcement of the applicable laws and regulations,
Responsibilities unless the Member is able to cause the matter to be satisfactorily
resolved by other means.
1.4 A Member serving in public capacity or a statutory body, an autonomous body or a
private organization, when engaging in her own practice outside her normal working
hours, shall ensure that such activities do not conflict with the duties to her
employer.

1.5 A Member, when working in a team, shall arrange that the architectural works are
under the control of an architect.

1.6 A Member shall act impartially in all cases in which she is acting between parties
and shall interpret the conditions of the contract between her client or employer and
the contractor with fairness.

1.7 A Member serving in a public capacity or a statutory body shall not accept payments
or gifts which are intended to influence her judgment.

1.8 A Member shall not offer or make payments or gifts to any person serving in a public
capacity or a statutory body which are intended to influence that person's judgment.

1.9 A Member shall ensure that design produced by her is an original work authored by
her or her office.
10 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 11

2.1 A Member shall uphold the integrity and dignity of the profession.

2.2 A Member shall be truthful about her professional qualifications


and rely only on professional competence and achievement as
basis of her advancement.

2.3 A Member shall not intentionally mislead existing or prospective


Obligation clients about the results that can be achieved through the use of the
Member's service, nor shall the Member state that she can achieve
Principle Two to the results by means that violate applicable building or other relevant
Profession laws.

2.4 A Member shall not submit design proposals or provide


paid/unpaid services to prospective clients without signing a
contract and/or without receiving a notification of award or in a
design competition not regulated or recognized by IAB.

2.5 A Member shall have a written contract for all projects irrespective
of volume or type as per IAB formulated Standard Agreement .

2.6 A Member on being approached or instructed to proceed with work


on a project, which she knows or can ascertain by reasonable
enquiry, that another Member had been already engaged, the
second Member shall notify the first Member that she has been so
approached and shall seek confirmation from the first Member that
she had been formally relieved of her responsibilities and that all
fees due to her has been settled. The second Member shall then
ask the prospective client to produce a clearance from the first
Member certifying that she is no longer associated with the project
and all related issues have been settled. In the case of a dispute,
the matter shall be referred to lAB before the second Member
accepts the engagement.
12 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 13

2.7 A Member shall not sign or put her signature to any drawings, 2.11 A Member shall not act as architect or joint architect for works
documents or specifications, not prepared by the Member or her which is or has been the subject of a competition in which she is or
office or an associate for the purpose of obtaining the sanction of has been engaged as assessor or competition director/manager.
any building authority or for any other purpose. A Member working
2.12 A Member or her practice may respond to an advertisement
as the local counterpart of a foreign architect or firm as an
inviting Members or their practices of the profession to submit
associate or in joint venture may sign drawings, documents or
their resume or portfolio for inclusion in a panel list of architects
specifications on its behalf. In such cases, the agreement of
from which the advertiser may select a Member or her practice for
association or joint venture must specify the liabilities and
a project, provided the advertisement does not contravene the lAB
indemnities of the Member putting signature.
Guidelines for Selection of Architects or the Public Procurement
Commentary: If a Member is found to violate the above code, then Regulations (PPR).
lAB may revoke the Member's signing authority to the relevant
2.13 A Member or her practice shall not submit or pay any earnest
building authority temporarily or permanently.
money or security money or bank guarantee for offering her service
2.8 A Member having substantial information which leads to a as consultant in a competitive bidding except for turnkey proposals
reasonable belief that another Member has committed a violation or required under Public Procurement Regulations (PPR).
of this Code which raises a serious question as to that Member's
2.14 In cases where the Member or her practice is appointed as
honesty, trustworthiness, or fitness as a Member, shall file a
consultant in a project by a real estate developer or by the
complaint with lAB.
contractor, the Member shall remain cautious to avoid conflicts of
2.9 A Member shall not participate either as a competitor or as an interest arising out of her responsibilities to the client and interest
assessor in any competitions or give unpaid services or submit of the end users of the project.
design proposals to prospective clients in competition with other
Members unless it is an lAB regulated/recognized design
competition. A Member having information about any design
competition where IAB is not involved, shall, before participation,
enquire with IAB if the competition is recognized by IAB. In case of
a Member being invited to participate in a limited competition, she
must notify the Secretary Profession of lAB and shall submit the
particulars of the competition for approval before accepting the
invitation.

2.10 A member must follow the instruction or guidance from IAB


regarding NOT PARTICIPATING in any competition launched by
any other party which is not in compliance and conformity with IAB
Regulations for Architectural Competitions.

Commentary: If a Member disrespects the above code, she may be


debarred from participating in any lAB organized Architectural
Competitions and other design awards. IAB may also impose bans
on the Member as per IAB Constitution.
14 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 15

3.1 A Member shall uphold the Scale of Minimum Fees and Expenses
Principle Three Remuneration recommended by lAB.

3.2 A Member in private practice shall be remunerated solely by


professional fee payable by her client and a Member employed by
a government department or a firm/company by salary and
benefits payable by her employer.

3.3 A Member may quote her professional fees and charges provided
she is invited by a prospective client to do so, based on a clearly
defined scope of services, only as per the Scale of Minimum Fees
and Expenses recommended by lAB.

3.4 A Member shall not attempt to supersede or replace another


Member nor shall she compete with another Member by means of
reduction of fees or by other inducements.

3.5 A Member shall not accept any work which involves giving or
receiving of discounts, gifts or commissions and shall not accept
discounts, gifts or commissions from contractors or tradesmen
whether employed in their work or not.

3.6 The above rule does not prevent a Member in her capacity as a
contractor from accepting or giving the trade and cash discounts
customarily allowed by manufacturers or suppliers.
16 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 17

4.1 A Member shall not engage in any trade or business which is in


conflict with her professional duties or that are likely to raise
doubts about her integrity or may bring disrepute to IAB and the
profession.

4.2 A Member shall declare in writing to any prospective client any


business interest, the existence of which, if not so declared, would
or might be likely to raise doubts about her integrity by reason of an
actual apparent connection with or effect upon engagement.
Involvement
Principle Four with 4.3 A Member while practicing the profession may engage in any of the
business of trading in land or building as real estate developers,
Other Trades agents, contractors or as turnkey operators, or trading in building
materials or in activities that are connected with construction work
or the building industry provided that:

- The role does not contravene article 1.14 of the


Constitution of IAB.

- The Member avoids being in a position of conflict in


discharging her professional duties and upholds the
principles mentioned in 4.1 of this Code.

- The Member declares to all concerned that the


combination would not prevent her compliance with
the Principles of this Code.

4.4 In cases where the Member is a real estate developer or has taken
up a design-and-build project, a Member shall ideally avoid
conflicts of interest and appoint another Member as architect of the
project. In the event where the Member has to act as the architect
as well as developer, she shall ensure that her responsibilities as
an architect get priority over her business interests as a developer
or a builder.
18 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 19

5.1 A Member must not hold, assume or consciously accept a


position, as a partner, director, or an employee of a company, in
which her professional interest is in conflict with this Code. Breach
of this Code by the other partners or directors or any other persons
Involvement of the practice shall be considered a breach by the Member.
Principle Five with 5.2 A Member, for any project in Bangladesh, may enter into
Other Persons partnership with a foreign consultant or may employ foreign
architects provided the Member remains responsible for her
partner's or employee's professional work or conduct.

5.3 A Member shall not enter into architectural collaboration or


partnership with a person who is disqualified to be a Member of
lAB by reasons of the fact her name has been removed from the
register of lAB.

5.4 A Member shall not permit herself or her practice to be used as a


cover by persons not qualified and/or entitled to practice as an
Architect.

5.5 A Member, when participating in a design competition with other


architects who are not qualified to be authors of such project, is
allowed to put her or her practice's name as the team leader. The
Member or her practice shall enter into a memorandum of
understanding or joint venture agreement with the other architect
prior to participating in the design competition. In case of a
winning entry, the Member, as the architect meeting eligibility
conditions, shall have to be associated with the project as the Team
Leader till full completion and hand over.
20 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 21

6.1 A Member shall not solicit, nor permit to solicit her name, in
advertisements. She shall refrain from taking part in paid
advertisement endorsing any product related to architecture,
buildings and construction equipment. In addition, a Member
shall not engage in self-laudatory, exaggerated or misleading
publicity.
6.2 A Member may, with the intention of advancing public knowledge
about the role and contribution of architects and architecture in
society, opt to write or publish books, articles, blogs and columns,
or actively participate in any forum, seminar, workshop, or similar
assemblies through verbal or visual presentations and, in the
process display her own true worth as a professional, in which case
she may receive remuneration or honorarium for such
undertakings.
6.3 A Member may publicize information on her practice in social
media, websites or trade directories. She shall have to ensure that
contents of such publications do not appear to general public as
Advertising advertisements or as soliciting.
Principle Six & 6.4 A Member may advertise for invitation to tenders, professional
Soliciting appointment or change of address, provided that:
- It is not an attempt to bring the activities of the architect
or her firm to the notice of the public.
- It contains no illustrations.
- The name of the advertiser is published with undue
prominence; and the published information is factual.
6.5 A Member may place a signboard following guidelines below:
- Business Plate of Firm: Lettering less than 50 mm high;
Logo less than 100 mm square.
- Sign on Completed Building: Lettering less than 50
mm high; Logo less than 100 mm square.
6.6 A Member's business or visiting cards shall bear only the factual
qualifications and IAB membership number.
6.7 A Member shall ensure that the information board on construction
sites does not display her or her practice's name with undue
prominence that may appear as advertisement. The information
board shall contain only the Member's or her practice's name,
address, IAB membership number, professional registration
number and/or phone numbers.
22 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 23

7.1 Members should respect the rights and acknowledge the


professional aspirations and contributions of their colleagues.

7.2 An employer Member, during the process of hiring an employee,


shall clearly mention all relevant terms and conditions of the
appointment. In this regard, a Member may refer to the IAB Sample
Employment Handbook for Architectural Practices.

7.3 A Member shall not make any discrimination between her


colleagues on the basis of gender, race, religion, physical ability
etc. A Member, whether employer or employee, shall ensure that
the office environment is conducive for people of all genders and
sexual orientation.

7.4 An employer Member shall compensate her associates and


employees fairly and shall uphold the IAB guidelines for minimum
Obligation wages.
Principle Seven to
7.5 A Member, when leading a team of architects, shall act as a mentor
Colleagues and facilitate the professional development of architects working
under her supervision.

7.6 Members shall build their professional reputation on the merit of


their own service and performance and shall recognize and give
credit to others for the professional work they have performed.

7.7 A Member leaving a firm/company shall not, without permission of


the employer or partner/director, take designs, drawings, data,
reports, notes or other materials relating to the firm's/company's
work whether or not performed by the Member.

7.8 A Member shall not unreasonably withhold permission from a


departing employee or partner/director to take copies of designs,
drawings, data, reports, notes, or other materials relating to work
performed by the employee or partner/director that are not
confidential.

Commentary: Under the above mentioned codes complaint cannot


be brought against a Member for any unethical act or for
professional misconduct committed before the date of giving effect
to this Code.
24 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 25

Obligation 8.1 A Member shall, in her professional works, strive to contribute to


development of society, culture and quality of environment and
to Society
Principle Eight and
shall encourage others to do so.

8.2 A Member shall, to the best of her abilities, strive to protect,


Environment preserve and improve the socio-cultural and architectural
heritages through her professional works.

8.3 A Member having substantial information about any act that


appears to be damaging to environment or architectural heritage,
shall inform IAB about this as soon as possible.

8.4 A Member shall, where appropriate and to the best of her abilities,
promote local materials, crafts and building tradition.
26 Standard Agreements and Related Schedules Code of Ethics & Professional Conduct 2018 27

PROCEDURE OF INQUIRY & DISCIPLINARY ACTION FOR


7.3 (1) The President of lAB shall place the written complaint and all other
PROFESSIONAL MISCONDUCT, UNETHICAL ACT AND
documents that may have been received from the Complainant before the
MALPRACTICE
Disciplinary Committee of IAB. If the Committee deems fit, the Member Secretary of
the Committee shall ask the Respondent by means of a registered letter to his postal
IAB By-Law Number 7: DISCIPLINARY ACTION address and/or e-letter to his email id, listed in the current directory of IAB, for
explanation within such time & date as may be fixed by the Disciplinary Committee.
Notices or letters left at the email/electronic address of the Respondent Member
This part of the By-Laws has been framed to give effect to the Objective 3.0 (kha) of
listed in current directory of lAB shall be deemed to have been served.
the Memorandum of Association and the Constitution of IAB.
After the expiry of that time, the documents with the explanation, if any,
7.1 In these By-Law, unless the context otherwise requires:
shall be considered by the Disciplinary Committee, which shall have power to cause
(a) “Chairman” means Chairman of the Disciplinary Committee. further investigations to be made and further evidence, to be taken and, if necessary,
(b) “Disciplinary Committee” means a committee appointed by the obtain further legal or other advice.
Executive Council to deal with matters pertaining to the conduct of (2) The Member Secretary of the Committee shall circulate copies of all
Members which may lead to disciplinary action by the Executive material documents, which are furnished as evidence in regard, to each Member of
Council; The Committee shall comprise of a Chairman who shall be a the Committee.
Past President of IAB or a Fellow, a Member Secretary and at least one
(3) On completion of its investigation, if the Disciplinary Committee
member.
considers necessary, shall fix a date & time of hearing and send a notice or letter in
(c) “Inquiry” means an inquiry by the Disciplinary Committee. the email/electronic address of the Respondent.
(d) “Member” means all persons under the various classes of membership (4) The notice under clause 6.3 (1) shall -
of IAB.
(a) specify the article(s) or clause(s) of Constitution of IAB or its
(e) “President” means the President of IAB. By-Laws, Code of Professional Conduct or the Regulations for Competitions or
The Executive Council shall have full disciplinary jurisdiction over all the general under any Building Rules or Building Codes under which it is an act of violation;
Members of IAB. (b) fix the date, place and time on which the Committee intends
In any case of an alleged infringement of any provision of the Constitution of IAB or to meet the Respondent; and
its By-Laws, Code of Professional Conduct or the Regulations for Competitions or (c) call upon the Respondent to answer the charge in writing and
under any Building Rules or Building Codes of the Country by any Member referred to appear before the Committee on the appointed date, place and time.
to as the respondent, a complainant shall submit the allegation and all details
7.4 The notice referred to in clause 6.3(1) shall be sent at least 14 (fourteen) days before
thereof in writing to the President, together with the complainant's full name and
the date of the inquiry. A copy of the notice shall, at the same time, be sent to the
address. A complaint charging all IAB Member, hereinafter referred to as the
Complainant.
Respondent, must be in writing, addressed to the President of lAB and shall state the
grounds of complaint clearly and shall be accompanied by declarations as to the 7.5 The procedure for hearing shall be as follows:
facts of the case. (1) The Member Secretary will read to the Committee the notice of the
7.2 Every declaration must state the description and true place of abode of the inquiry addressed to the Respondent.
Complaint and, where the fact stated in a declaration is not within the personal (2) The Complainant will then be invited to state her opinion and to produce
knowledge of the Complainant, the source of information and grounds for the belief her evidence in support of it. At the conclusion of the Complainant's evidence, her
of the Complainant in its truth must be accurately and fully stated. case will be closed.
28 Standard Agreements and Related Schedules

(3) The Respondent will then be invited to state her opinion and to produce
her evidence in support of it.
(4) At the conclusion of the Respondent's statement, the Committee will, if
the Respondent has produced evidence, hear the Complainant in reply on the case
generally but will receive no further evidence, except in very special case in which
the Committee may think it right to receive such further evidence. If the Respondent
produces no evidence, the Complainant will not be heard in reply.
(5) Where the Respondent does not appear before the Committee, the
Committee shall have the right to take its own decision on the matter.
7.6 Where no Complainant appears, the enquiry shall be suspended or shall be closed
by the Committee, as it feels deemed necessary.
7.7 (1) Upon the conclusion of hearing of both the parties and on the basis of the
documentary evidences, the Committee shall deliberate thereon in private and, at
the conclusion of the deliberations, the Member Secretary shall call upon the
Committee Members to vote on the question whether disciplinary action is to be
taken against the Respondent or not for professional misconduct, unethical act
and/or malpractice.
(2) If majority of the Members of the Committee votes or reaches a
consensus to take action against the Respondent, then disciplinary measures
prescribed in Article 2.9 of the Constitution of IAB may be recommended, which
shall have to be vetted by the Executive Council of IAB in its meeting.
(3) The Executive Council of IAB, may either on its own or upon application
made to it, within a period of 28 (twenty eight) days from the date of its decision
under the rules, request the Committee to further review it's decision.
(4) In case of expulsion, the decision of majority of the Council Members
present in the Council meeting through voting shall be final and binding upon all.
7.8 The decision of the disciplinary action against a Member is to be communicated in
writing to her by the General Secretary within 14 days. Notices or letters left at the
email/electronic address of the Respondent Member listed in current directory of
lAB will be deemed to have been served.
7.9 Executive Council's Own Disciplinary Action: Nothing provided in these By-Laws
shall preclude the Executive Council of its own motion from making its own
complaint either arising from its own discovery of an alleged violation or
infringement of any provision of the Constitution of IAB or its By-Laws, Code of
Ethics and Professional Conduct or the Regulations for Competitions or under any
Building Rules or Building Codes of the Country or if lodged by a complainant and
subsequently withdrawn before the conclusion of the Inquiry into such complaint.

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