The architectural profession is primarily concerned with the design and creation of buildings. It requires knowledge in such fields as urban planning, engineering, landscape architecture and art history. The important role in the investment and construction process has caused the characteristics of the architect’s legal liability to be broken down as follows:
PROFESSIONAL LIABILITY
– the basis of architects’ professional liability is the Law of 7 July 1994. – Construction Law (Journal of Laws 1994 No. 89, item 414) (hereinafter: the ‘Act’ or ‘Construction Law’). According to Article 95 of the Construction Law, professional liability is imposed on persons who:
(i) have committed misdemeanors or offences as defined by the Act,
(ii) have been punished in connection with the performance of independent technical functions in the construction industry,
(iii) have, through gross errors or negligence, caused danger to human life or health, the safety of property or the environment, or significant material damage;
(iv) fail or negligently perform their duties;
(v) evade or negligently perform the duties arising from the exercise of author’s supervision.
The catalogue of penalties for offences under the professional responsibility of an architect:
(i) admonition,
(ii) admonition with the need to take an examination,
(iii) temporary prohibition from performing a technical function with the need to take a professional examination.
DISCIPLINARY LIABILITY
– the basis for the disciplinary liability of architects is the Act of 15 December 2000 on professional self-government of architects and civil engineers (Journal of Laws 2001 No. 5 item 42)(hereinafter: the ‘Act’). In accordance with Article 45 et seq. of the Act, a member of the chamber is subject to disciplinary liability for culpable violation of the following duties:
(i) observe in the performance of professional activities the applicable regulations and principles of technical knowledge,
(ii) observe the principles of professional ethics,
(iii) comply with the resolutions of the chamber’s bodies,
(iv) regularly pay membership fees.
Catalogue of penalties for misconduct under the disciplinary responsibility of an architect:
(i) admonition,
(ii) reprimand,
(iii) temporary suspension from membership in the chamber,
(iv) removal from the list of chamber members.
CRIMINAL LIABILITY
– the basis for criminal liability in the Construction Law is Article 93 para. 1. of the Construction Law. According to the content of the cited provision of the law, whoever, when designing or performing construction works, grossly disregards the regulations, including technical and construction regulations and the principles of technical knowledge, shall be subject to a fine.
In the case of a possible construction disaster caused by design defects, there is a threat to human life (Art. 163 of the Penal Code) or the defect causes death (Art. 155 of the Penal Code).
*Disciplinary liability excludes acts subject to professional liability under Article 95 of the Construction Law or vicarious liability under the Labour Code.
**I invite you to read a text I wrote on the civil liability of architects.
31 August 2023.
