Most clients don’t distinguish between draftsmen and proper architects.

The line between architects and other professionals working in the industry is very blurred to most Ugandans including those who are educated.   To most Ugandans ‘architects’ are engineers.   A few, who seem to be able to tell the difference between the two professions don’t seem to know the difference between an architect and a technician.  This confusion in the title and what architects actually do is the result of lack of awareness, mythical perceptions and a public service structure that commits all construction works, whether it is a road, bridge, sculpture or an ordinary house to the hands of engineers. That is why you will find most local authorities having municipal or district engineers but no municipal or district architects.  It may not make sense but some ‘architects’ are not architects and I will attempt to explain here why.

As a leader in the fraternity, I am fortunate to be invited to a lot of gatherings and consequently meet with a lot of people from all levels including businessmen, senior public servants, other professionals and lay people.  At these meetings, I am often introduced as an engineer much to my disappointment and on many occasions, I clarify things.  Most architects find it offensive to be called engineers, but some have chosen not to fight over this anymore.  The worst form of misclassification any architect will not be willing to stand, however, is calling a technician an architect.    A few years back, I was asked to submit a proposal for a job and after evaluation of the different proposals; the client thought it was necessary to speak to the people behind the proposals.  As we waited for our turns, I started speaking to my competition seated next to me and as the exchange between us went on, it became apparent that this was not another professionally qualified architect, but rather an architectural technician.  I was disappointed and taken aback in equal measure.  How could he possibly have landed an invitation as an architect and even be evaluated to the level of being orally interviewed.

I see the same thing happening a lot in the media. It’s not necessarily the technicians putting themselves forward as architects, but more the reporters and members of public who seem to have the perception that these two roles are one and the same.   I have taken time off to correct this impression to the two leading national newspapers and while one of them seems to have understood the problem, the other and particularly one notorious reporter has decided to promote this misinformation.  Some property programmes on TV have also constantly referred to non-architects as architects.

Earlier this year, a friend of mine asked me to start an Ask the Architect series on social media.  What I do is simply answer generic questions from members of the public about construction.   Over a period of one week, I received over 100 questions and most of them were from developers who had problems either having their plans approved by the local authority or simply encountered problems during construction. For many of them that I followed up, the first thing that hit me was the inexcusable poor quality of the drawings, which, on further inspection, hadn’t been drawn up by architects – something many developers didn’t know.  Recently, the newspaper I referred to earlier published drawings supposedly for a design of a house in Uganda with two of the rooms in the centre of the house and totally surrounded by other rooms.  On another occasion, one such ‘architect’ had given a client, plans of a house that did not fit on the plot the developer owned.  The most unfortunate thing is that sometimes, a few exposed and informed developers come to the Architects Registration Board (ARB) expecting us to do something –yet in reality we cannot act on non-architects.  At the moment, ARB does not have powers to prosecute and imprison the fraudulent charlatans.

As a leader in the fraternity and currently chairperson of the regulating body, I will not tire of making this clarification.  The public needs to know the differences between the roles within our industry.  A draftsman/technician is not an architect.   I am aware that, this is not so much an issue for the big and more knowledgeable clients, such as government departments and corporate organizations, who already tend to know the difference and the value using a real architect brings.  I am talking to homeowners embarking on the daunting task of putting up their house – the single biggest construction project that many of them will ever handle throughout their lives.  I know that most of you are overwhelmed with information at the start of your project and that what most of you care about is how much can be saved especially on things that do not directly translate into brick and mortar.  I am aware that most of you have been fed on the biggest myth in the construction industry – architects are expensive – but do not entrust your biggest investment to the hands of an impostor.  You would not want to be treated by a nurse just because a doctor is expensive, why would you take that option for something you are going to live with the rest of your life

I have heard some of you argue that the quality of some architects’ work is as horrendous as that of the technicians I am trying to disparage.   And others have even argued that some technicians produce better work than architects.  I hear you all.  There are good and bad architects, just as there are good and bad technicians, but dealing with an architect at least guarantees you your money back or at least an improvement if you complain to us.  Many technicians will con you into paying for a green stamp from a registered architect that it is the first official approval of your plans – it is not.  If anything, stamping is against the architect’s professional code of conduct and if caught such an architect will face the disciplinary committee of the ARB.

To my fellow architects, stop stamping drawings that are not produced by your staff or under your supervision.  One of these days, an exposed client or developer will make a claim on your professional indemnity for negligence and your will find yourself in troubled waters even before the ARB comes for you. And I can guarantee you that any developer who successfully makes a claim on your indemnity will most probably lead to your suspension if they bring your case to the ARB.  To those who are saying that ARB and USA are not doing enough to stamp out the quacks, I hear you and agree with you. We will soon Iaunch the Kampala Inquisition, a festival that will not only celebrate Kampala’s finest buildings and spaces but also intended to raise the profile of our profession by demystifying architecture and the role of the architect, and in turn, showing the value of using an architect.

Finally, I urge all people in positions of responsibility and especially those who have power to disseminate information to remember that we all have a responsibility to create an orderly, strong and safe built environment. Promoting under qualified or unqualified people as professionals and giving them a platform to share ideas on a subject they remotely understand is not only sowing seeds of chaos but also undermining and devaluing those that are qualified in the eyes of future clients.  Members of the public need educating in the benefits of using a real architect.

What is the Architect's Registration Board

Introduction

The Architects Registration Board is a body set up by an act of Parliament (Architect Registration Act, 1996) as the independent regulator of architects and the profession of architecture in Uganda.  Anyone who is involved in designing and constructing buildings, and describes themselves as an architect, must be registered with us and practice in accordance with the code of professional ethics contained in the second schedule of the Act. We can take action if someone wrongly calls themselves an architect or falls short of the code of professional practice as they practice.  We also work with the National Council of Higher Education to review and approve all courses of architecture being offered by tertiary institutions in Uganda. We have a Board of six members, two of whom (the Chairperson and Vice Chairperson) are appointed by the Minister.  The other four members are architects who are elected to the Board by their fellow professionals. The Board is supported by a small staff team of four people including and headed by the Registrar (who also acts as Chief Executive).  These are the 5 most important questions:

What do we Do?

The functions of the Board are set out in the act as follows:

·       to regulate and maintain the standard of architecture in the country;

·       to register architects;

·       to make byelaws for better carrying into effect the provisions of this Act;

·       to prescribe or regulate the conduct of architects in Uganda;

·       to promote training in architectural sciences.

In order to fulfill those functions, we carry out the following activities

·       keep an up-to-date register of architects (published in a national newspaper every year).

·       work with National Council of High Education in review and approving architecture programs offered by tertiary institutions.

·       work with Uganda Society of Architects to set the standards for professional practice.

·       investigate complaints about an architect’s conduct or competence;

·       make sure that only people on our register use the name ‘architect’ and practice as architects.

What is the difference between USA and ARB

We are often asked what the difference is between us, the Architects Registration Board (ARB), and the Uganda Society of Architects (USA).   Both organizations are connected with architects, but we have different roles.  Among other things, the USA is a private lobby group for architects that was set up to protect its members, promote architecture and speak for architects with one voice. It is currently the only professional association for architects and has the prividledge of being singularly mentioned in the Act. Architects are encouraged to become members of USA before registering with the Board.  On the other hand, we are the regulators of architects and the practice of architecture in Uganda.  We are appointed by the government and report to the Ministry of Lands, Housing and Urban Development.  We keep the Register of Architects, and anyone who wants to offer their services as an architect must register with us.

Why Keep a Register

We want anyone using an architect to be confident that they are working with someone who ahs the qualifications and experience they claim.  Our Practice Committee investigates complaints and misuse of the title.  If there is enough evidence that a registered architect may not be working within the confines of the law or that a member of the public is falsely presenting themselves as an architect, the committee will commit such culprits to the Disciplinary Committee (in case of a registered architect) or to police (in case of the latter).  Our work in regulating architects ensures good standards are maintained for the benefit of the public and architects alike.  The committee handled 12 cases of misconduct last year (2017).  Eight decisions have been made where the architects were found guilty of the offences as charged and they have been fined. In respect to the other 4 cases, hearing is still on going.  By receiving complaints, investigating and charging architects, we help to maintain the confidence in the profession.  It is important to note here, the Disciplinary Committee, which has the powers of a magistrate’s court, has jurisdiction over only registered architects and not members of the public.   However, any member of the fraternity or the public can make a complaint at the registrar’s office and online. Such cases involving actions by members of the public are referred to the police by the Board or directly by a complainant because they constitute criminal offences under the Act.

How is ARB involved in Architecture Education?

The Committee draws its mandate from two legislations; The Architects Registration Act, Cap 269 Section 4(e) to promote training in architectural sciences and The Universities and other Tertiary Institutions Act 2006 (as amended), which mandates National Council for Higher Education (NCHE) to receive, consider and process applications for accreditation of the academic and professional programmes in consultation with the Professional Associations and Regulatory Bodies. In order to implement this mandate, our Education Committee works with the National Council of Higher Education to review all applications and conduct school visits.  Through our various programs, we help students to understand what will be expected of them in their professional lives. We carry out orientation of the final year students, monitor interns and conduct professional exams.  Not all architecture programs or qualifications are recognized by the ARB.  Students are advised and encouraged to make sure that their qualifications or programs are recognized.

Working with an Architect, this is what you need to do.

Please note, if the individual is not registered with the ARB, they are not an architect and should not be using the title ‘Architect’. If you are engaging a company or private practice, ensure that the person in-charge of that practice or company is a registered architect.  Remember that the ARB does not handle complaints against people who are not registered with us.  After confirming that the individual or practice you are dealing with meets the criteria prescribed for an architect, make sure that you sign a written contract confirming what the individual or firm will be doing for you, how much it will cost and how long it will take before they start any work.   The Board has failed to investigate or even punish errant architects in the past due to lack of a written agreement between the architect and their employer.  Protect your self and make the Board’s work easier to stamp out illegal practice. 

In case of any further information, please contact us:

1^st Floor Kalamu House, PKF Building (Opposite Mulago Hospital)
P. O. Box 25796,Kampala, Uganda.
Tel: 0414 342 390

Mob: 0781 498 823 / 0753 776 231
email: arb.uganda@gmail.com  web: www.arbuganda.org

Stamping a Result of lack of Integrity

Some bold construction firm recently solicited for architectural business from duly registered architects in what one would equate to a robber attempting to steal from a police station. Owners or staff of Morgan Developments Limited decided that the best way to take on architects was to taunt them by requesting for their business in form of What’s App messages. In the late of hours of Friday 13th October 2017 and into the early hours of Saturday 14th October 2017, Morgan Developments Ltd sent out messages to most (if not all) registered architects in Uganda claiming that they are Interior Designers, Architects, Property Managers, Building Contractors and Suppliers. Many architects were not amused and instantly expressed their irritation via social media (through their What’s App group ‘Architects in Practice’). Below are some of the posts from the members:
‘Quack architects testing their limit here. Let’s take our activism to another level and bombard his number with protest notes and warnings’ – Arch Amunsimire
Doesn’t the Uganda Society of Architects retain the services of a lawyer? We pay quite some annual society fees. We should be able to retain the services of a lawyer. A notice to sue such people would be enough. – Arch Mukisa
Instead of protest notes, it should be a suit that is well publicized. I have always insisted that we are to blame for our plight because the law protects us and we always tend to do less than enough to assert our rights. – Arch Bwambale
I believe ARB/USA have tried to do so (sue). At the last ARB seminar this was mentioned. I don’t remember the exact reasons given for failure to pursue such issues.......but I remember something about a weak law – Arch Bazira
Something to do with the law plus the punishment for non-architects being too small to prevent repeat offences. It has also been reported that getting actual evidence against an architect is quite difficult much as it is a known fact – Arch Kabarungi
It is high time (the) Society started biting members who work against its cause without even waiting for ARB...........We are all to blame for these issues not being dealt with.......the guy should be required to say who stamps for him in writing..... Arch Bwambale.
Some years back (prior to 1996), most architectural work was being done by engineers (especially Structural Engineers) who have an idea about the construction of buildings and architectural draughtsman who are generally schooled about the preparation of drawings or plans. For sometime, the Uganda Society of Architects through their leadership pushed for a law that regulated the practice of architecture and this was eventually passed as the Architect’s Registration Statute (1996). This law provides for the registration of architects and other related matters. I remember vividly, fresh out of the university, how this law was a source of excitement for all

people qualified to practice architecture in Uganda. Many thought at the time that this was going to bring an end to poor planning, bad architecture, non-functional buildings and above all protection of the profession from masqueraders. Unfortunately, despite some recognizable achievements, that law has not totally helped eliminate sham architects and masqueraders.
It is obvious the proprietors of M/s Morgan Developments Ltd do not know the provisions of the 1996 law. If they were, they would have known that it is not possible for one to claim to be an Interior Designer, Architect, Property Manager, Building Contractor and Supplier without contravening the second schedule of the law (Code of Professional Ethics). It is also obvious from the posts above, that many of the registered architects are tired and fed up of people who call themselves architects yet they are not and do not have to follow the strict rules under which we practice. We are competing with unregulated people. But why has this practice continued despite having a law in place?
For starters, let us look at the law. Clause 34(1) of the Architects Registration Act (1996) provides that
.... any person who not being a registered architect:-

1. a)  falsely pretends to be such, or
   
2. b)  uses the style of title ‘architect or any other name, style, title or description
   implying whether in itself or in the circumstances in which it is used that such
   a person is registered architect or
   
3. c)  holds himself whether directly or by implication to be a professionally
   qualified architect commits an offence and shall be liable on conviction, to a fine not exceeding five hundred thousand shillings or imprisonment not exceeding six months or both (emphasis mine).
   

This means that people who call themselves architects without being registered commit an offence and should be taken to court, yet ARB and USA have failed to successfully prosecute even the most glaring of cases. This is because there are some within us who have chosen to throw all their seven-year training to the dogs and collude with non-architects, in essence abetting commission of an offence. According to the International Union of Architects (UIA), “Members of the architectural profession are dedicated to standards of professionalism, integrity and competence bringing to society unique skills and talents essential for the sustainable development of the built environment, the welfare of our communities and preservation of our cultures”. Unfortunately, there are people within us who have chosen to live outside these main tenets (professionalism, integrity, competence) of our profession by continuing to assist non-architects.
Some particular members of our profession who are registered as architects have continued to shamelessly append their signatures, names and stamps to drawings that they have not produced or have not been prepared under their supervision. This list is not long (probably not more 10) and is known by everybody who has ever served on the Architects Registration Board. Many of them practically leave their stamps at the printing houses (especially in Nkrumah Road) and usually charge no more than Ush. 500,000 per plan/project. During my time at the Disciplinary Committee, we attempted to bring a few of these guys to face the committee and answer our questions. All of them as if on cue claimed that these drawings/plans had been

produced by their staff under their supervision. There is so much one can do and the Board with its limited resources cannot invest in a more elaborate investigation of this claim. It is clear to many of us in practice that it is impossible for one architect to have supervised or produced and submitted to one municipality, projects in the excess of 50 in one month. That would suggest that such architect or his practice has produced or worked on more than 2 projects a day. While it is scientifically possible (especially if you have a large number of staff), I believe I am speaking for many of us, when I say that it is practically impossible. Ironically, it is these same people that usually have no known fixed physical premises for their practices.
Now that we have nurtured this monster within us, the masqueraders have taken it a notch higher. This inside threat has grown so much that some of these non-architects have now evolved into big companies with a capacity to advertise on TV and other media. M/s Namulondo Investments Ltd unrepentantly and unashamedly advertise on TV that they offer architectural services, which is of course against our code of conduct. I have tried to follow this up and been told that they have employed an architect within their set up. I have asked the Registrar and Board’s lawyer to see if such registered architect is not breaching the law. Another company called Creation Architects has put up a signboard on a site in Ntinda and as an after thought or purposeful confusion included the title of the Architect as ‘ARB No. 085’ at the bottom. I am trying to find out from the Board who No.85 is and why he or she would not want to publish his name. Most architects are always proud of their work and would proudly display their name against any work under their hand. The board will also be interested in the architect’s association with Creation Architects. I am also interested in finding out if any one can register their company or firm with the word ‘Architect’ without any of the directors being an architect. By taunting us with those messages last week, M/s Morgan Developments Limited was daring us to see what we can do.
Rather than external factors, we seem to be faced with internal threats as the biggest danger to our profession. We will have to decisively deal with these people and as the Chair Practice Committee of the Architects’ Registration Board, I am open to ideas. I have been informed that the law as it is now does not adequately protect us from this new monster of ‘firms’ that advertise and contravene all the provisions of the Second Schedule of the Architects’ Registration Act (1996). This statute has to be amended to protect us from this new wave of attack on our profession, which unfortunately is being abetted by some of us. I have looked at laws of other countries and our law will have to be amended to deal with this new threat. I am aware of the fact that amending a law is a long and tedious process, but we have to start.
(3) Subsection (1) does not prevent a body corporate, firm or partnership from carrying on business under a name, style or title containing the word "architect" if- (a) the business of the body corporate, firm or partnership so far as it relates to architecture is under the control and management of a person registered in Part 1 of the Register who does not act at the same time in a similar capacity for any other body corporate, firm or partnership; and (b) in all premises where its business relating to architecture is carried on it is carried on by or under the supervision of a person registered in Part 1 of the Register. (United Kingdom)

(1) It is unlawful for any person or firm to practice or offer to practice architecture in this state, or to use in connection with his or her name or otherwise assume, use, or advertise any title or description including the word "archi- tect," "architecture," "architectural," or language tending to imply that he or she is an architect, unless the person is regis- tered or authorized to practice in the state of Washington under this chapter .
(2) An architect or architectural firm registered in any other jurisdiction recognized by the board may offer to prac- tice architecture in this state if:
(a) It is clearly and prominently stated in such an offer that the architect or firm is not registered to practice architec- ture in the state of Washington; and
(b) Prior to practicing architecture or signing a contract to provide architectural services, the architect or firm must be registered to practice architecture in this state. (3) A person who has an accredited architectural degree may use the title "intern architect" when enrolled in a struc- tured intern program recognized by the board and working under the direct supervision of an architect.
(4) The provisions of this section shall not affect the use of the words "architect," "architecture," or "architectural" where a person does not practice or offer to practice architecture. (Washington State, USA). 

How relevant is Traditional Education for an Architect?

There was a big debate about the quality of education in Uganda today, following the recently released national examinations.  As results from each of the three different tiers of our formal education were released, the decibels from this debate went a notch higher.  I don’t intend to reignite that debate here.  What was very clear to me is that there seemed to be some consensus that our quality of education had deteriorated over the years.  A friend of mine ingenuously said that the quality of a graduate from Uganda’s education system gets poorer, the younger they are.  Surely this can’t be true, I argued, but I had no evidence to prop up my disagreement.  This is when I decided to examine the field that I am more conversant with.  Once or twice over my 25-year career, some clients have had the audacity to tell me that we college graduates are useless because ‘we can’t build things’ or that those we call technicians/draftsmen actually do a better job in design than the majority of us with a college degree.  On the other hand, I have learnt that there some fresh architecture graduates from the two leading universities in Uganda who have made it very clear that they don’t need to be examined about their experience in construction (and eventually get registered) because they got enough knowledge and design skills from school. 

I asked myself, is a bachelor’s degree all you need to work perfectly in construction or is it really necessary to have one at all?  I am sure many of my readers will have encountered builders who claim to have put up some of Kampala’s magnificent buildings and homes, but at the same time these lovely people do not seem not be able to tell the difference between feet and metres or if they do, they will insist that as a standard the ring beam should always be 7 feet high.    These are builders who either started in the business by recommendation when they were younger, people who had to work early and support themselves or their families as porters on sites or just have generally been around and working in the industry for yso long.  There are street-smart people.  They do not have a college degree or diploma in construction but they know their ways around putting up a building.  Some clients argue that we college graduates do not get the time in school to experience "real life construction” and as soon as we are in the field, we are bosses backing orders.  That these are the real people who matter, the ones who know how it is done.  That college graduates have no experience of ‘how’ it is done.  My argument has been that we may not know the full ‘how’ (we know some of it) but we fully know and understand the ‘why’, which unfortunately our colleagues are not equipped with.

There are 2 sides (or, rather, 2 levels of depth) of what is commonly referred to as "knowledge" in construction or most professional fields that are science based.  Firstly, it is important to know how things are done, but even more important one needs to understand why they are done the way they are done and not any other way, and what may happen if one tries to do it differently.  The ‘why’ is the theory and the science behind the way things are done.
 A builder or technician (especially a smart one), does not need to know why things are done the way they are done as long as they can give a properly finished product.  Experience will always afford you the knowledge and perfection of things – the ‘how’ and this in many situations is enough. If you keep doing things the way you have always done them for the last 20 years what can go wrong?  Probably nothing until you find yourself in the situation that you have never been before - and in this case your experience becomes useless, what you need is the knowledge of the science behind the processes that you have been working with all along so that so that you can analyze the situation and come up with the correct solution.  Make a wrong decision and your product will no longer be perfect and this is where you need education, and to a certain level.  It is true that a bachelor's degree is not the measure of one's brain efficiency, and there is no proof that it has ever added gray matter to anyone's brain. A good quality education helps you to recognize situations and come up with solutions because of your knowledge of the ‘why’.  There are times I have been faced with situations in my job and then remember that if I use the Pythagoras theorem or tangent of an angle, I can actually get the missing dimension on a drawing. Can one achieve the same without actually attending school - sure, you can, and some do however, the likelihood of somebody without formal education or having learned as much as someone with the degree to be able to come up with solutions for problems they have never encountered is very low, which is why employers understand the value of a good degree.



Going back to the experience - of course, a college degree does not replace experience and having one without the experience is also useless. One still needs to get his / her boots and hands dirty in order to become a well-rounded professional. The degree just helps explain the ‘why’, help you extrapolate the knowledge gained in class and apply it in a real life situation. This helps you make the correct decision in that situation as well.  Just as I believe that all architects should spend at least two years in the field to see first hand what is involved in a real working project, and not a project at a desk or in a classroom, I believe that builders and/or technicians without the relevant education are not fit to build or design buildings on their own without supervision.

How much should an Architect charge?

Many clients claim that a simple question to an architect like ‘how much do you charge?’ is usually met with a long winding story, sounding at best confusing and at worst evasive.   The truth is that determining architectural fees is a mystery to most people including architects themselves.

Most clients expect an answer like the one they would get from a shop selling sugar, bananas or clothing, which frankly is a bit unfair on the architect.   The reason architects give such elusive answers is because they fear to commit themselves without brief or clearly written terms of reference.  Even where briefs are properly written, architects are the worst people when it comes to keeping a grip on the scope of services – partly due to a constant desire to have the best design and in part due to changes initiated by the clients.  It is not unusual for a client to change their mind about the design and ask for modification after sign off or completion of design.  Unless, the architect and client are friends, ordinarily the architect should charge for these changes.  Yet many wont and some will – depending on the relationship between the client and architect.  All the above factors help to perpetuate the myth that architects are expensive and many start avoiding them.

There are many different ways architects charge for their professional services; hourly, percentage of construction, some combination of the two, or a cost per square metre of construction.  It does not make things easier when you learn that a mixture of these can easily be used on a single assignment. Indeed the Architects Registration (Conditions of Engagement and Scale of Fees) Bye-Laws of 2009 recommend an hourly rate for stages A to B and a percentage of construction for stages C to F.  Charging fees as a percentage of construction costs is usually met with a lot of opposition from clients and very few architects or clients understand how it works. In my office, we typically use the hourly rate for determining fees and I cannot recall a single job that we have signed a contract or billed using percentage of construction method.  For us, this is the best way we can determine how much our service is worth but also it is easier for a client to understand.  Did I just say clear to understand?  Well, the truth is that many times there are complications and misunderstandings in this method also.  One of the things that seems to always cause confusion and argument is the number of hours spent on an assignment.  Then there is the issue of additional services – some clients believe that what we categorise as additional services like planning application and approval, should actually be part of our normal services.  If you are going to engage an architect – especially for a residential house, be sure to confirm what services he is charging you for.  It is better than being surprised with a bill you did not plan for.

Hourly Rates

Probably the clearest way of charging, we have an hourly rates for different level positions (administration, drafting, project architect, partner, etc.) and these are charged for the different stages (preliminary design, schematic design, design development, construction documentation, bidding and negotiation, and construction supervision or civil works contract administration).  Through some experience, we have an idea, for instance, how much each of the personnel will spend on each stage of assignment to produce drawings for a residential house.  We generally use this format when the scope of the work is not very comprehensive, unknown, or if a client specifically asks for it.  Again through experience, we are aware that most clients don’t like being charged an hourly rate mainly because they want to have the freedom to change designs and general scope without the fees heading north.  As a result although, we charge an hourly rate, for most small works (e.g residences and other small buildings), we cap the fees using the square metre rule.  A 3 Bedroom residential house (approx 120-150 sq.m) will cost less in fees than a 5 bedroom one (160-200 sq.m). There are some significant advantages to using this billing method, chief of which is giving a client assurance that the fees will not change as a result of changes in design or scope.  In order to protect yourself from the famous client who never makes up their mind on final design, you must include a clause in the contract to protect you from endlessly designing.  The Architects’ Registration (Conditions of Engagement and Scale of Fees) Bye Laws of 2009 give guide lines on what is to be charged per hour.

Percentage of Construction Costs

These percentages vary by practice. The Architects’ Registration (Conditions of Engagement and Scale of Fees) Bye Laws of 2009 guides what percentage to use according to the class of buildings. According these byelaws the percentage should vary from 3% for simple buildings like warehouses and sheds to 7% for the more complex buildings like hotels, private residences, hospitals, theatres etc. Although most architects prefer this method of determining fees, clients hate it and most will avoid it. This billing method has run into problems and many clients/developers are increasingly against it.

There is an understandable concern that the architect will specify expensive materials and drive the cost of construction up so that consequently his fees (which are a percentage) are also unnecessarily high.  One way of dealing with these fears as a client is to state your budget in advance so that the fees are fixed as a percentage of that budget.  If the architect comes up with an expensive design that does not fit within the budget earlier stated, you as a client may choose to revise the budget without revising the fees or ask the architect to redesign so that the cost is within the budget earlier stated.  The most amazing thing is that almost invariably it is the clients that keep revising their needs (program of requirements), which inevitably lead to a cost higher than the original budget.  This is where serious arguments and misunderstandings may come up.

There are arguments that charging a percentage guided by law, the architects are in essence a cartel taking advantage of the client(s). In some markets like the European Union, percentage of construction costs guided by mandatory scale of fees has been totally banned.  It has been argued here in Uganda that this method of billing directly contradicts the PPDA guidelines on procurement where architects are usually selected using the Quality Based Selection method or 2-Envelope bidding.  In many cases, the Architect’s fees are not anywhere within percentages recommended and it gets worse if the architect is not the lead consultant.

CONSTRUCTION SITE DISASTERS; FIX THE SYSTEM BEFORE THE PROBLEM

A few years ago I wrote about construction safety in Uganda and particularly emphasized there is a need to rethink construction in Uganda with a particular focus on safety on sites.  I highlighted then that construction site accidents are not new and that studies show that site accidents tend to increase as the economy expands.   I noted that we were fortunate that we could learn from others who have gone through this period and how they solved this problem.  United Kingdom, Japan, USA, Malaysia and most recently China have all experienced this problem and there is ample literature on how this was tackled.  Since that article, there have been more accidents on construction sites especially in Kampala – we don’t seem to have reports on site accidents elsewhere if they do happen.

I have noted on several occasions that as soon as a building collapses, finger pointing begins which usually culminates into an inquiry.  I must admit that I have only read a few of the reports from such inquiries and I don’t remember if there were any concrete recommendations on how this problem that is now blighting the industry should be tackled.  Usually the reports satisfy the curiosity of the public opinion by apportioning blame as to who was responsible for the accident and that’s where everything ends.  Many times the inquests have concluded that there was no competent person in-charge of the works, never mind that drawings for most of these projects are produced by registered architects and engineers.

Conventionally construction site safety lies with all people involved in the project.  The developer is obliged to appoint qualified professionals to handle the entire project. The architect and engineer at design stage must ensure that the works can be executed safely.  The contractor must make certain that the materials (by extension involving the suppliers) and execution methods comply with the safety and health standards in place.  The local authority after approving the drawings and issuing a building permit must periodically inspect the works to make certain that they are executed as per drawings and specifications submitted.  In brief every player in the industry must be involved in order to have a project safely completed.  However, that is only true in an ideal situation, not in the Uganda of today where everything seems to have long collapsed before the buildings themselves started collapsing.

Many people talk about collapse of buildings forgetting that much of the industry collapsed first before the structures themselves started collapsing.  Very few developers appoint qualified architects and engineers to handle their development projects and even those who do, usually appoint them for the design stage and simply because the local authorities will not accept the designs/drawings if they are not stamped (yes stamped not necessarily designed) by qualified professionals.  If you have noted this where the collapse in the system that I have alluded to begins.  To the uninitiated, this may not be obvious and I will try to clarify it. 

The developer is not appointing a qualified professional because of their ability and experience but because their stamp will see the drawings receive a nod of approval from the local authority – which in many cases they get unless the authority has concerns with other things like land ownership.  The professionals have not actually designed or overseen the design and production of these drawings but have merely ‘stamped’ them because that’s all they could be paid for - after all they wont be responsible for supervising the project.   In the end everybody is happy, the developer who has paid a tenth (many times less) of what he should have paid to qualified professionals, the unqualified person who has pocketed the biggest chunk of the paltry fees, the qualified professional who has been paid handsomely for a 5 minute job (how long can pressing an inked embossment over blue prints take) and the local authority who have pocketed their building fees without having really subjecting the project proposal to the scrutiny it deserves merely because it was stamped by a registered or qualified professional.  As you can see the whole system collapsed as soon as the developer started cutting corners. The checks and balances that were wisely put in place by those who came before us have been compromised because by people in those positions (registered professionals and local authority officials) because their pockets are lined and responsibility does not squarely lie with them.  The qualified architect/engineer has taken money for ‘stamping drawings’ because he/she knows they wont be the ones to supervise the project and should those drawings have a problem or indeed should the building collapse, they cannot be held liable.  The local authority has abdicated it’s responsibility by accepting and approving the drawings without carrying out the necessary inspections simply because they were submitted by a registered architect/engineer – who as you remember knows that he will not be responsible for the construction. Once the local authorities have approved the drawings, developers are free to do what they want and the first thing they do is to avoid registered architects and engineers for the supervision of construction.  If they were engaged at the design stage, they are promptly sacked and the developer appoints his trusted ‘contractor’ who in many cases may not have the capacity to handle works of that magnitude. The local authority further compounds matters by not carrying out the mandatory periodic site inspections, although to be fair to most councils, they argue that the hearts and minds are willing but their bodies are not facilitated to carry out these inspections.  The end result of all this is a collapsed building and that’s when the wheels of the blame game set into motion. 

What happens next?  The relevant authorities set up a commission of inquiry to quell the disquiet among the public and soon the press stops making a fuss of the whole thing.  If we are lucky, the inquiry is completed in about 6 months and a report is submitted, end of.  No lessons learnt, no recommendations made and I am almost certain no body has been charged and convicted for professional negligence as a result of a collapsed building – not the architects, engineers, developers or their accomplices at the local authorities. I am appalled that every two years we have a building accident and we go through the same routine without an effort to learn from the past.  It is my opinion that the collapse in the building industry must be addressed first before we can think of addressing the collapse of the structures.

After the old Kampala City Council worked with the associations of building professionals to ensure that all drawings submitted for planning approval are handled by registered architects and engineers, most developers had no alternative but to engage registered professionals, although some developers still find a way around this unfortunately with the connivance of some unscrupulous professionals.  It is a well known fact that before this effort developers avoided registered architects and engineers and that is how we ended up with 5-8 storey buildings in the heart of the city without lifts or ample parking space.  That not withstanding, a step in the right direction was made. We should now look at a way of working together to encourage the same developers to follow the rules in hiring competent contractors and professionals during the actual construction.

Most of the reports from the inquiries into previous accidents indicate that almost all accidents are not the consequence of poor design but rather unsafe site conditions, unsafe actions by operatives and lack of management control.  The laws that are required in place now should be mainly to do with management of construction sites and the responsibility of developers and contractors for the safety of the public and operatives.  The professionals associations and registration boards should stop handling ‘stampers’ with kids gloves and deal with them determinedly. Heavy punishments should be meted out to those who indulge in this dissipated behaviour and only then shall we claim to be tackling the problem.  The councils should require all developers to submit the names of the registered professionals supervising their developments and mandatory stage inspections must be diligently carried out, if this means raising the building approval fees, so be it.  There is a need to register all contractors nationally in categories, so that different categories of contractors handle different magnitudes of works.  This business of ‘muzimbi wange azimba bulungi’ when all he has ever done is oversee the construction of your double storied house must be brought to an end. 

Who is Responsible for Construction Safety in Uganda

About a year ago, I wrote about construction safety in Uganda in an article that was published in The Monitor newspaper. I particularly emphasised there is a need to rethink construction in Uganda with a particular focus on safety on sites. I highlighted then that construction site accidents are not new and that studies show that site accidents tend increase as the economy expands. In passing, I mentioned that we were fortunate that we could learn from others who have gone through this period and how they solved this problem. United Kingdom, Japan, USA, Malaysia and most recently China have all experienced this problem and there is ample literature on how this was tackled. Since that article, which was written after two accidents on construction sites in Kampala, there have been 4 more accidents which have claimed the lives of over 10 people.

That is not the reason however, why I return to this subject, but the question that has been on the minds of many Ugandans lately. Who is responsible for construction safety? Is it the architect, engineers, contractor, developer or the local authority’s building inspection unit?

Conventionally site safety lies with all people involved in the project. The architect and engineer at design stage to ensure that the works can be executed safely, the developer and contractors who must make certain that the execution methods comply with the safety and health standards in place. However, that is only true in an ideal situation where the sites have an architect and engineer appointed by the developer to handle the development project through its course. In Uganda, most developers want to cut corners and avoid what they call unnecessary cost by appointing architects and engineers for design only, and this is mainly to obtain approval for their planned development from the local authority. After Kampala City Council worked with the associations bringing together these professionals to ensure that all drawings submitted for planning approval are handled by registered architects and engineers, most developers had no alternative but to engage registered engineers and architects. It is a well known fact that before this effort developers avoided registered architects and engineers and that is how we ended up with 5-8 storey buildings in the heart of the city without lifts or ample parking space. That not withstanding, a step in the right direction was made and I am positive that the majority of recent developments in Kampala are designed by registered architects and engineers. Unfortunately, that is where the success story ends. Once these drawings have been approved by KCC, developers are free to do what they want and the first thing they do is to do away with registered architects and engineers for the supervision of construction of these buildings, as a means of cutting costs. The situation is further compounded by the appointment of inexperienced contractors on one hand and the failure by KCC to carry out the stage inspections as stipulated by law on the other. This in effect leads to a more complex situation in which no body is responsible for safety on site.

Traditionally design of a building is the responsibility of the architects and engineers and it’s construction is the responsibility of the contractor supervised by the architects and engineers. Once the design architects and engineers are no longer part of the project as is normally the case in Kampala, responsibility for site safety lies squarely with the contractor. Unfortunately this is not explicitly stated by law and as we have learnt from the investigation reports for some of the accidents, contractors usually on the instructions of developers have routinely abandoned plans and executed works that are different from what was designed. Other project participants who should be culpable would be the developer and/or KCC, but I am aware that there is no law that would make either of them criminally responsible. In fact the Building Rules currently in use under the Public Health Act of 1969 specifically state in rule No. 18 that ‘The approval of any plans of any building or structure shall not in anyway impose or imply acceptance of responsibility on the part of the local authority for the stability of any building or structure’.

In the absence of a law that makes any one responsible for safety on site, it is a far cry to expect the trend of events to change for the better. Most of the reports from these sites indicate that almost all accidents are not the consequence of poor design but rather unsafe site conditions, unsafe actions by operatives and lack of management control. The laws that are required in place now should be mainly to do with management of construction sites and the responsibility of developers and contractors for the safety of the public and operatives. At the moment neither of the laws (Occupation Health and Safety Act of 2006 and Public Health Act of 1964) expressly make any body responsible for health and safety on site.