Prohibited conduct in the architectural industry

The Act provides that some conduct is prohibited regardless of whether someone is an architect or not. People who engage in that conduct may be prosecuted by the ARBV.

Prohibited conduct

The Act provides that certain conduct is prohibited:

  • You cannot work as an architect if you are not registered with ARBV.
  • You cannot represent a person/body as an architect if that person/body is not registered with ARBV.
  • You cannot use controlled terms if you are not registered with ARBV.
  • You cannot carry out work as an architect if you are not covered by professional indemnity insurance, and you cannot represent yourself to be covered if you are not.

The ARBV may request information or documents from you and use its information gathering powers based on the assessed risk.

If you engage in prohibited conduct, you may face penalties.

Working as an architect in Victoria without ARBV registration

If you are not registered as an architect with ARBV, you cannot:

  • represent yourself as an architect, including describing yourself as an 'architect', causing others to reasonably believe you are an architect, or doing the work of an architect
  • allow others to represent you as an architect
  • say you offer 'architectural services', 'architectural design services' or 'architectural design'.

Find out more about registration.

Exception

If you are being supervised by an architect registered with the ARBV as part of an approved pathway to registration, you may carry out the work of an architect. The other prohibitions remain in place.

Find out more about registration pathways.

Working as an architect without compliant professional indemnity insurance

If you are not covered by compliant professional indemnity insurance, you cannot work as an architect in Victoria.

It is also illegal to give the impression that you are covered by compliant professional indemnity insurance if you are not actually covered.

Find out more about professional indemnity insurance.

Penalties for prohibited conduct

If you engage in prohibited conduct, the ARBV may prosecute you and you could receive a fine of $9,000 or more.

If you are registered as an architect and you engage in prohibited conduct, the ARBV may also refer your conduct to the Architects Tribunal.

Find out more about the Architects Tribunal.

Prosecution reports

If the ARBV prosecutes a person for breaches of the Architects Act 1991, the report on the prosecution is published here.

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