Architect Agreement (India)
ARCHITECT AGREEMENT
This Architect Agreement ("Agreement") is entered into on [Agreement Date] between:
CLIENT: [Client Name], [Client Address], PAN: [Client PAN] (the "Client"); and
ARCHITECT: [Architect Name], COA Registration No.: [COA Registration Number], [Architect Address], GSTIN: [Architect GSTIN], PAN: [Architect PAN] (the "Architect").
This Agreement is governed by the Architects Act 1972, the Indian Contract Act 1872, the Copyright Act 1957, the National Building Code of India 2016, the Central Goods and Services Tax Act 2017, and the Income Tax Act 1961.
1. PROJECT DETAILS
1.1 Project Site: [Project Address]
1.2 Project Type: [Project Type]
1.3 Estimated Construction Cost: ₹[Estimated Construction Cost] (excluding land, professional fees, furniture, and loose furnishings)
1.4 Governing Authority Jurisdiction: [Governing State]
2. ARCHITECTS ACT 1972 COMPLIANCE
2.1 The Architect represents and warrants that they are a registered architect under Section 25 of the Architects Act 1972, holding COA Registration No. [COA Registration Number], and that this registration is valid and current. The Architect shall maintain valid COA registration throughout the term of this Agreement.
2.2 The Architect shall comply with the Council of Architecture (Professional Conduct) Regulations 1989 throughout the engagement. The Architect's COA registration number shall appear on all drawings, documents, and communications submitted to statutory authorities.
2.3 Building plans prepared by the Architect for submission to the local authority (for building permit under the applicable Development Control Regulations and the National Building Code of India 2016) shall be signed by the Architect as the Architect of Record.
3. SCOPE OF SERVICES
3.1 The Architect shall provide the following architectural services for the Project: [Services Scope].
3.2 Site supervision: [Site Visit Frequency]. The Architect shall inspect the quality of materials and workmanship, issue Architect's Instructions to the contractor, certify interim payments, and process variation orders.
3.3 Statutory approvals: The Architect shall prepare and coordinate the submission of building plan approval applications, fire NOC (if required), environmental clearance documentation (if applicable), and Occupancy Certificate application. Government filing fees are reimbursable by the Client at cost.
3.4 Any changes to the agreed scope shall be agreed in writing, specifying the additional fee and time impact.
4. FEE, GST, AND TDS
4.1 Fee structure: [Fee Structure]. Architectural fee: ₹[Architect Fee] (excluding GST). Fee percentage (if applicable): [Fee Percentage].
4.2 Stage-wise payment schedule: [Payment Schedule]. Payment shall be made within 15 days of each stage being completed and invoiced.
4.3 GST at 18% (SAC 998311) shall be charged on the architectural fee. The Architect shall issue compliant GST tax invoices.
4.4 TDS: The Client shall deduct TDS at 10% under Section 194J of the Income Tax Act 1961 on the architectural fee (excluding GST), being payment for professional services. TDS shall be deposited by the 7th of the following month and Form 16A issued to the Architect quarterly.
5. INTELLECTUAL PROPERTY AND COPYRIGHT
5.1 The Architect hereby assigns to the Client, upon full payment of all fees, all copyright and intellectual property rights in all architectural drawings, design documents, specifications, and other works created specifically for this Project under this Agreement. The assignment is made under Section 19 of the Copyright Act 1957 and shall be worldwide and perpetual.
5.2 The Client is licensed to use the drawings for the construction, alteration, extension, and maintenance of the Project building only. Any other use requires the Architect's prior written consent.
5.3 The Architect retains their moral rights under Section 57 of the Copyright Act 1957, including the right to be identified as the architect of the building.
6. TERMINATION AND GOVERNING LAW
6.1 Either party may terminate this Agreement by giving 30 days' written notice. Upon termination, the Client shall pay the pro-rata fee for all stages completed or in progress. The Architect shall deliver all drawings and documents completed to date.
6.2 The Architect shall maintain Professional Indemnity (PI) insurance for the duration of the Project. Proof of insurance shall be provided to the Client on request.
6.3 This Agreement is governed by the laws of India. Disputes shall be resolved by arbitration under the Arbitration and Conciliation Act 1996, with the seat at [Governing State].
6.4 This Agreement shall be executed on non-judicial stamp paper as required under the Indian Stamp Act 1899 and applicable stamp laws of [Governing State].
Client
________________
Signature
Architect
________________
Signature
What Is a Architect Agreement (India)?
An Architect Agreement in India sets out the mutual obligations the parties accept and the terms that govern their dealings.
Practice of architecture in India is a regulated profession under the Architects Act 1972. Only persons registered with the Council of Architecture (COA) can use the title 'Architect' or practise architecture. The COA also publishes a recommended Schedule of Charges for architectural services and a Code of Professional Conduct. An Architect Agreement must reference the architect's COA registration number, which provides the client assurance of the architect's legal standing to practise.
Architectural services are conventionally divided into several stages: schematic/concept design, design development, detailed design and working drawings, statutory approval documentation, tender documentation (for construction contracts), construction supervision, and post-construction services. The agreement should specify which stages are included in the engagement and the fee payable at each stage.
Copyright in architectural drawings vests in the architect as the author under Section 17 of the Copyright Act 1957 — the agreement must contain an explicit IP assignment or licence clause to confirm the client can use the drawings freely for the project and any future modifications.
The legal framework governing the Architect Agreement (India) in India draws on several key statutes and regulatory bodies. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Parties executing a Architect Agreement (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Indian Contract Act, 1872 sets the foundational requirements.
When Do You Need a Architect Agreement (India)?
An Architect Agreement is needed whenever a building owner, developer, institution, or government body engages a registered architect for the design, planning, or supervision of a construction project.
You need this agreement for new residential construction — commissioning a house, villa, or apartment building. The agreement establishes the architect's scope, fee, timeline, and obligations for obtaining the building plan approval from the local authority.
You need this agreement for commercial or industrial development — office buildings, factories, warehouses, shopping centres, hotels, hospitals — where architectural services span from concept design through detailed engineering coordination, statutory approvals, and construction supervision.
You need this agreement when retaining an architect for renovation or refurbishment of an existing building — confirming that the architect's design work complies with the existing building's structural constraints, building regulations, and heritage or conservation requirements if applicable.
You need this agreement when appointing an architect as the 'Architect of Record' for submission of building plans to municipal authorities — even if the design is done separately by another designer. The Architect of Record assumes statutory responsibility for the plans' compliance with local regulations.
You need this agreement whenever TDS under Section 194J applies to architect fees — the agreement provides the legal basis for the professional services relationship that triggers TDS obligations at 10%.
Parties in India should prepare a Architect Agreement (India) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Architect Agreement (India)
A well-drafted India Architect Agreement should contain the following essential elements.
Architect's COA Registration: The architect's Council of Architecture (COA) membership number and confirmation of valid registration — mandatory for practice under the Architects Act 1972.
Project Description: Address and description of the project, proposed building type and use, approximate area and number of floors, and estimated construction cost (as the basis for percentage-based fees).
Scope of Services: Stage-by-stage breakdown of services — concept design, design development, working drawings, statutory approvals, tender documents, site supervision, and completion certificate. Clear statement of exclusions (e.g., structural design, MEP design, interior design — typically engaged separately).
Fee Structure: Total design fee — whether percentage of construction cost (with definition of 'construction cost'), fixed lump sum, or time-based. Stage-wise payment schedule tied to defined deliverables or project milestones. Reimbursable expenses policy.
GST and TDS: Applicable GST rate (18%, SAC 998311); TDS at 10% under Section 194J acknowledged.
Statutory Approvals: The architect's responsibility for preparing and coordinating building plan approval submissions, fire NOC, environmental clearance (if applicable), and Occupancy Certificate application.
Copyright and IP: Explicit assignment of copyright in all drawings and design documents to the client upon full payment, or grant of a broad irrevocable licence for use in relation to the project.
Site Supervision: Frequency of site visits, architect's quality inspection obligations, interim payment certification procedure, and variation order process.
Professional Indemnity Insurance: Requirement for the architect to maintain PI insurance for the duration of the project.
Termination: Notice period, grounds for termination, ownership of drawings on termination, and refund of advance.
Additional compliance elements for a Architect Agreement (India) used in India include: Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Forms-legal.com provides this template as a starting point for India-compliant documentation.
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howpublished = {\url{https://forms-legal.com/india/business/services/architect-agreement-india}},
note = {Free legal document template. Based on Indian Contract Act, 1872}
}Also available for these jurisdictions:
Frequently Asked Questions
The practice of architecture in India is regulated by the Architects Act 1972, which is administered by the Council of Architecture (COA), a statutory body established under Section 3 of the Act. The Architects Act 1972 makes registration with the COA a mandatory prerequisite for practising as an architect or using the title 'Architect' in India. Registration requirement: Under Section 25 of the Architects Act 1972, no person shall use the title and style of 'Architect' or carry on the practice of architecture unless they are registered with the COA and hold a valid certificate of registration (Membership Number issued by COA). Practising without registration is an offence punishable with imprisonment up to one year and/or a fine under Section 36 of the Architects Act 1972. Educational qualification: To be eligible for COA registration, a person must hold a recognised degree or diploma in architecture from a university or institution approved by the COA. In India, the Bachelor of Architecture (B.Arch.) degree (5-year program) from a COA-approved institution is the standard qualifying degree. Alternatively, a foreign architectural degree may be considered if the holder satisfies equivalence requirements. Continuing education: The COA has introduced Continuing Professional Development (CPD) requirements for renewal of registration. Registered architects must complete a minimum number of CPD credits per renewal cycle to demonstrate ongoing professional development.
The copyright in architectural drawings and building designs in India is governed by the Copyright Act 1957, which provides specific protections for architectural works. The key provisions are Sections 2(b) (definition of 'architectural work'), 13 (works protected by copyright), 17 (first ownership), and 51–52 (infringement and exceptions). Protection for architectural works: Section 2(b) of the Copyright Act 1957 defines 'artistic work' to include 'any other work of artistic craftsmanship,' and architectural works are specifically recognised as artistic works. Copyright protection extends to: (a) architectural drawings and plans (as artistic/literary works in which the design is fixed); and (b) the building or structure itself as an architectural work (distinct from the drawings). First ownership: Section 17 of the Copyright Act 1957 vests copyright in the 'author' — i.e., the architect who created the drawings. If the architect is an employee working under a contract of service (employment), the employer (architecture firm) owns the copyright. If the architect is an independent practitioner engaged under a contract for services (which is the typical client-architect relationship), the architect personally owns the copyright in the drawings. Implication for clients: Without an explicit copyright assignment in the architect agreement, the client receives only an implied licence to use the drawings for the specific project.
Building projects in India require a range of statutory approvals from central, state, and local government authorities before construction can commence and after completion. The architect plays a central role in preparing and submitting the documentation for these approvals. Building plan approval / commencement certificate: Before construction of any building above a specified size (typically all permanent structures), the owner must obtain building plan approval from the local authority (municipal corporation, panchayat, town planning authority, or development authority). The application must include detailed architectural drawings prepared by a registered architect, showing floor plans, elevations, sections, site plan, setbacks, floor area ratio (FAR) compliance, and car parking calculations. The drawings must comply with the National Building Code of India 2016 (NBC), Development Control Regulations (DCR) of the relevant local authority, and applicable state town planning rules. Environmental clearance: Under the Environmental Impact Assessment (EIA) Notification 2006 issued under the Environment (Protection) Act 1986, projects above certain thresholds require prior environmental clearance from the Ministry of Environment, Forest and Climate Change (MoEFCC) or the State Environment Impact Assessment Authority (SEIAA). Residential and commercial buildings with built-up area above 20,000 sqm (Category B2) require clearance from the SEIAA.
Architect fees in India are typically structured as a percentage of the construction cost, as a fixed lump sum, or on an hourly/time basis, depending on the nature and scale of the project. The Council of Architecture's recommended Schedule of Charges provides a benchmark, though actual fees are negotiated freely between the architect and the client. Percentage of construction cost: The most common fee structure. The COA's Schedule of Charges recommends: (a) for residential buildings — 5% of construction cost for small projects (construction cost up to ₹2 crore), scaling down to 3–4% for larger projects; (b) for commercial and institutional buildings — 4–6% of construction cost depending on complexity. 'Construction cost' is typically defined as the total cost of building work (structure, finishes, MEP — mechanical, electrical, plumbing) excluding cost of land, furniture, loose furnishings, and professional fees. The percentage fee is paid in stages aligned with the stages of the architect's engagement. Stage-wise fee payment: Architectural fees in India are conventionally paid in stages corresponding to the stages of the architect's work. A standard stage-wise payment schedule (based on COA Schedule of Charges) is: (a) 5–10% on appointment (advance/retainer); (b) 15–20% on completion of preliminary design/concept; (c) 30–35% on completion of detailed design and working drawings; (d) 10–15% on commencement of construction; (e) 20–25% during construction (pro-rated against construction progress); (f) 5–10% on completion and issue of Occupancy Certificate.
Site supervision (also called construction supervision or contract administration) is a critical phase of the architect's engagement under the Architects Act 1972 and the standard professional services agreement. The architect's obligations during site supervision include both technical (quality and compliance) and contractual (contract administration between client and contractor) responsibilities. Interpretation of drawings and specifications: During construction, the contractor frequently requires clarification of the architectural drawings and specifications. The architect must issue Architect's Instructions (AIs) or Clarification Drawings within a reasonable time to prevent delays. Failure to respond promptly to contractor queries is a common cause of project delays for which the architect may bear professional responsibility. Quality inspection and testing: The architect must carry out periodic site visits to inspect the quality of materials and workmanship and verify compliance with the approved drawings and specifications. The frequency of visits should be specified in the agreement (e.g., weekly during critical stages). The architect must identify defects, issue defect notices to the contractor, and verify rectification. Materials testing (concrete cube tests, steel certification, waterproofing tests) should be witnessed or reviewed by the architect.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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