RIBA has published proposals outlining a new legal framework needed to define who can carry out critical building design tasks and to strengthen oversight of professional competence across the sector.
The proposals call for a new Built Environment Services Billto establish clear legal limits on who can undertake key building design work, alongside a new Built Environment Council to set and oversee competence standards.
The new law would:
- restrict key tasks to demonstrably competent chartered professionals
- establish a Built Environment Council to oversee standards of existing chartered bodies and enforcement
- introduce criminal penalties for unqualified individuals carrying out regulated work or misusing professional titles
- standardise clear and accessible routes for public complaints and enforcement
The proposed law would restrict certain safety and quality-critical tasks, such as submitting planning applications, fire, structural and building services safety strategies and building control documents, to chartered professionals who consistently meet competency standards.
The aim is to remove long-standing confusion over responsibility in the building design process and ensure there is clear accountability for decisions that affect public safety and quality.
Drawing on models such as the Legal Services Act, the legislation would limit certain defined activities to regulated professionals only, and introduce criminal offences for unqualified individuals undertaking restricted work.
Overseeing standards across the sector, a new Built Environment Council would set consistent requirements for competence, including education, training and continuing professional development, sitting above existing chartered bodies which would continue to regulate their members.
To strengthen enforcement and public protection, complaints about unqualified individuals carrying out restricted work would be handled by the new Council, which would also have prosecution powers.
Ultimately, the new system is intended to reduce duplication, cut complexity and create a more transparent framework for both professionals and the public.
RIBA President, Chris Williamson, said: “Right now, anyone can submit a planning or a building regulations application, without being required to prove they are competent. That is a serious gap in the system.
“Our proposals would end that by making sure only properly competent chartered professionals can take responsibility for the work that keeps people safe, healthy and secure.
“We also want to simplify a fragmented system, remove duplication, and create clear accountability so there is no confusion about who is responsible when things go wrong."
These proposals advance the regulatory reform strand of Towards Tomorrow’s Architecture, RIBA's 17-point plan, particularly the commitment to reforming the regulatory system and improving standards. The proposals set out a delivery framework for the final step of the Repeal, Reserve, Regulate agenda.
