The Romanian Order of Architects put together the document called The Architect’s Tasks following to the findings of several studies carried out by the ACE (Architects’ Council of Europe), to the Romanian practice of top firms, and to a constant focus on the legislation and regulatory framework in force, so as not to fall outside of their purview.
The importance of this document is practical, organizational, and even educational for the new generations of architects, as well as for those hoping to establish an architectural practice. The document offers a potential narrative of a project’s execution handled professionally, in-depth, efficiently, and it is the result of the accumulation and combination of experiences from several European countries and from the experts therein, adapted to contemporary Romanian culture and aimed at feasible progress through their application by architects, promoters, and clients.
OAR recommends that all member architects send this document to their clients and, similarly, to show and explain it to the graduate architects they are training. In so doing, we may contribute to a higher quality of the built environment by describing and shaping the tasks which ought to be completed throughout the project, in general, and particularly by the architects.
a. The Architect’s Missions, a part of the Information System of Costs for Architectural Design.
The list of architectural tasks makes up the first module in the contents of the Information System of Costs for Architectural Design (abbreviated as SIC), drafted in accordance with the provisions of art. 42 of the Code of Ethics of the architectural profession from 21-05-2012, published in the Official Gazette, Part 1 no. 342 on 21-05-2012.
b. Use of the document
The list of tasks, including the details for each one, is to be consulted, first, by the architects. The document is also meant for the clients or any other active participants in the design process, in the execution of works and, if applicable, in the post-execution stage.
It is advisable that the document, along with the other modular components of the Cost Information System, be a communication platform, first and foremost, between the architect and the client, but also between the architect and the other participants in the design process, in the execution of works and, if applicable, in the post-execution stage. Starting from the stages and the tasks described in the present document, the essential clauses of the contract with the client can be established: the object (services rendered), the fee, and the rights and obligations of parties under contract, etc.
This document cannot replace a contract, nor can it be used by either party as justification for non-adherence to assumed contractual obligations.
The content of this document is founded on the relevant legislation. The primary regulatory texts include, but are not limited to:
- Law no. 184/12.04.2001 concerning the organization and practice of the profession of architect, amended and republished;
- Methodological rule from 01.09.2010 on applying Law no. 184/12.04.2001 concerning the organization and practice of the profession of architect;
- The Code of ethics of the profession of architect from 21.05.2012, published in the Official Gazette Part 1, no. 342/21.05.2012;
- Law no. 50/29.07.1991 concerning building permits, amended and republished;
- Methodological rule from 21.10.2009 on applying Law no. 50/1991 concerning building permits, as amended;
- Law no. 10/18.01.1995 concerning the building quality, amended;
- Law no. 21/10.04.1996 on competition, amended and republished;
- Government Decision no. 28/2008 concerning the approval of the framework content for the technological and economic documentation of public investments, such as those of the structure and methodology in issuing quotes for investment objectives and intervention works.
The content of this document will not be used or interpreted for the purposes of departing from the imperative rules imposed by the applicable law in effect on the date of the contract’s conclusion with the client and / or, if applicable, on the date the services described below are carried out.
c. Stages and missions
In this document, the tasks are formulated based on the present legal provisions and represent a natural evolution of the tasks proposed in the documents previously published by the Romanian Order of Architects (OAR), specifically Ghidul exercitării profesiei de architect / The Profession of Architect. Guide to Practice (2006), supplemented with current national, European, and international professional practice.
The tasks are grouped according to the services rendered in the design, execution, and post-execution stages of the project. In principle, the stages are organized chronologically, but there may be overlapping. Within a stage, the tasks can be carried out in almost any order.
The tasks in every stage are divided in two main categories: core and additional. Under the heading “additional tasks”, there are the those necessary to ensuring an extra design service, its completion depending on there being an explicit request from the client or on a contractual provision.
The annexes intended to supplement or clarify the task list are:
- The study list, expertise, and other special services
- The list of specializations and design specifications
e. The Architect – Project Manager
The architect is in the best position to fill the role of project manager, coordinating the design process. In this position, he/she is responsible for drawing up and implementing the project.
The architect can agree with the client to be in charge only with certain stages or configurations of the tasks listed and defined in this document.
Taking over a design process which was initiated by another architect will be done respecting the relevant legal provisions and those of the code of ethics.
Within this document, in the interest of simplification, the architect – project manager – (project coordinator) will be named “the architect”.
f. Establishing the fee
The detailed list of tasks should not be understood as a rigid structure to which the costs making up the fee are applied. Decontextualized, certain tasks / singular activities cannot be remunerated independently. The architect will propose the stages and tasks which make up the specific design process for each project. The time to be allocated by the architect and his/her fee will be estimated starting from the range of tasks approved by the client, regardless of whether the fee is established for the entire project or divided into stages / tasks.
g. General design
Within this document, the notion of General designer is used only to illustrate a potential contractual relationship and it is not intended to be synonymous with “architect” or “architect – project manager”. In the preliminary stage, within the quoting task, the three ways for offering design services are described:
- only the architect’s own services;
- multiple services by a technical team of experts or,
- in certain cases, services for general design, meaning the services of all the experts who must be involved in the design process.
h. Projects having as object works on listed buildings, in protected built areas or in protected areas of historic monuments
The tasks described in this document include projects having as object works on listed buildings, in protected built areas or in protected areas of historic monuments. In these cases, the list of tasks will be drafted with consideration for the project’s complexity and for the specific legal requirements. In this category of projects, the highlight may fall onto different task groups, as compared to projects which aim to carry out new buildings outside of protected built areas or outside of protected areas for historic monuments.