Flemish Council of the Order of Architects calls for thorough modernisation of the “Architects Act”
Jan Hoffman
On Friday 6 March, the Flemish Council of the Order of Architects presented its vision paper containing concrete proposals for modernising the law of 20 February 1939 on the protection of the title and profession of architect. According to the Flemish Council, this reform is necessary to align the legal framework with contemporary building practices, which have undergone significant changes over the past decades. The Flemish Council states that a structural imbalance has arisen between the extensive civil and disciplinary liability of architects, their often limited contractual and actual decision making powers, and remuneration that does not always correspond to the responsibilities imposed. It notes that this tension is exacerbated by, among other things, the application of ten year liability, mandatory professional liability insurance, and the increasing juridification of the construction process.
Formulation of core principles
After broad consultation with the sector, the Flemish Council formulates several key principles that should form the basis of a policy document providing a future-oriented response to the structural challenges within the current legal framework:
1. Revaluation of design and architectural quality: the core task of the architect must be reinstated at the centre. It concerns designing and safeguarding architectural quality in the public interest. The profession must not be reduced to mere risk management or administrative compliance.
2. Balance between liability, decision-making authority and remuneration: a coherent legal link must be established between responsibility and actual decision making power. Liability must be proportionate and reflect the real influence the architect has on design and execution decisions.
3. Proportional distribution of liability: the Flemish Council advocates for a balanced and transparent distribution of liability among all actors in the construction sector. Each party should be liable for its own faults and within its own area of competence.
4. Room for architectural ambition and innovation: space must be created for greater architectural ambition, innovation and sustainable quality development, without leading to disproportionate legal risks for a single actor.
Constructive dialogue
With its vision paper, the Flemish Council aims to contribute to a constructive dialogue with policymakers and the federal legislator on updating the Architects Act. A modern legal framework must guarantee both the protection of the public interest and a workable, legally secure professional practice.