It is a criminal offence for an individual to misuse the title ‘architect’ in business or practice if they are not on the statutory Register of Architects. In the below article, we explain our approach to dealing with complaints on this important subject.

When we receive information that someone is using the title architect, without being registered, we investigate the matter thoroughly. Our staff gather together all the available evidence and write to the person concerned, explaining the legal restrictions and informing them that they should cease the misuse of title. We tell them what action they need to take to amend the offending information and we request confirmation that they will not use the title in future.

The type of evidence we most commonly identify in relation to misuse of title includes a website’s domain name, content and meta-data; online directory listings under the classification ‘architects’; a business card or letterhead; planning documents referencing the title and use of the RIBA affix. More recently, we have also identified evidence of misuse of title on Facebook and LinkedIn profiles.

Whilst we always write first to gain satisfactory assurance that the breach will not reoccur, if an unregistered individual continues to hold themselves out as an architect we will go on to consider a prosecution against them.  We have to take into account both the evidential and public interest tests when deciding whether to prosecute. Because it is a criminal offence, the evidence must prove a case beyond reasonable doubt and must be less than two years old.

Those prosecuted and found guilty will not only receive a conviction but could also be liable for a fine and court costs. The maximum fine for each offence is currently £2500 (fine scales are set by Parliament) but magistrates determine the amount of the fine, and related costs, after considering the facts of the case and any mitigation. Where an individual has committed multiple misuse of title offences the total fines can rise substantially. In January of this year, Uxbridge Magistrates ordered a company called The Market Design & Build Ltd of Harlington, Middlesex to pay over £10,000 in fines and costs after pleading guilty to misusing the title ‘architect’.   Fines are paid direct to HM Treasury. To view the table of prosecutions, which lists all live and spent convictions, please click here.

In tandem with our statutory responsibility we work to prevent misuse of title (rather than solely prosecute) and to raise awareness of the restrictions on using the title ‘architect’. To support our work in this area, we are building partnerships with other organisations to help us raise public awareness of the Register and help users and potential users of architects’ services to make informed choices.