Architects in Kenya are governed by the Architects and Quantity Surveyors Act (Cap. 525) and by the by-laws made thereunder.

The work of an architect is to advise his clients, study their needs, to prepare, direct and co-ordinate design and to supervise works executed under a building contract.

The employment of consultants shall be at the architect’s discretion in agreement with the client. Where consultants are employed, the architect shall be responsible for the direction and integration of their work. Consultants shall be responsible for the detailed design and supervision of the work entrusted to them.

The architect may also nominate specialist sub-contractors for the design and execution of any part of the work. He shall be responsible for the direction and integration of their design, and for the supervision of their work in accordance with paragraph (h) of this clause.

The work done by an architect in fulfilment of these responsibilities is described in Part 3 of this Schedule.

The architect shall not initiate or proceed with any stage of his duties without the authority of the client. He shall not make any material deviation, alteration, addition to or omission from the approved design without the knowledge and consent of the client, except as provided in paragraph (g) of this clause.

Notwithstanding the provisions of paragraph (f) of this clause, the architect may authorize material changes in design if they are necessary for constructional reasons, provided that the client is informed without delay.

The architect shall give such periodic supervision and inspection as may be necessary to ensure that the works are being executed in general accordance with the contract; constant supervision does not form part of his normal duties.

Where more frequent or constant inspection is required a Clerk of Works shall be employed. He shall be nominated or approved by the architect, and be under the architect’s direction and control. He shall be appointed and paid by the client or alternatively may be employed by the architect who shall be reimbursed in accordance with paragraph (a) of clause H.4 of this Schedule.

Where the employment of a resident architect is agreed he shall be employed by the architect who shall be reimbursed in accordance with paragraph (a) of clause H.4 of this Schedule.

Architects in Kenya are required to uphold and apply the Scale of Professional Charges published by the Board. The remuneration of the architect shall therefore be in accordance with the Scale and Conditions specified herein, unless a higher charge is agreed between the architect and client when the former is commissioned.

The Scale of Charges does not include any remuneration for works performed by Quantity Surveyors, or by Civil, Structural, Electrical or Heating and Ventilating Engineers, or for any other work normally performed by specialist consultants. Where any work which would normally be performed by a specialist consultant is performed by the architect’s own staff, other than work provided for in Part 6 of this Schedule, then subject to prior agreement by the client, a fee shall be charged in accordance with the Scales of Fees of the Association of Consulting Engineers or other appropriate Professional Association.

When consultants are employed, subject to paragraph (c) of clause A.1, they may be appointed and paid by the architect, who shall be reimbursed by the client for such payments, or appointed and paid by the client.

Where work done by a client results in the omission of part of the normal service described in Part 3 of this Schedule, a commensurate reduction in fees may be made by prior written agreement, provided such an agreement schedules in detail the work to be done by the client which would otherwise have formed part of the normal service by the architect.

The architect’s charges do not include any remuneration for quantity surveying.

Where the services of more than one profession are provided by a single firm or consortium, fees shall be the same as if such services were provided independently. Any consolidated fees shall therefore be the sum of the appropriate fees for the individual professional services rendered.

Where an architect is commissioned by the Government of Kenya to undertake professional work in accordance with the special Scale of Charges agreed between Government and the Profession, the architect shall not be bound to adhere to the Scale specified herein, except in regard to any matter not described in the said special Scale.

An engagement entered into between the architect and the client may be terminated at any time by either party on the expiry of reasonable notice, when the architect shall be entitled to remuneration in accordance with clause B.10 of this Schedule.

Copyright in all drawings and in the work executed from them will remain the property of the architect unless a specific contract is entered into for the sale of such a copyright and except for drawings and work for the Government of the Republic of Kenya as provided for in section 6 of the Copyright Act (Cap. 130).

Any question arising out of the Conditions of Engagement and Scale of Professional Fees and Charges may be referred by architect or client to the Board for advice at any time, provided always that any difference or dispute between them shall be determined in accordance with paragraph (a) of clause A.6 or clause A.7 of this Schedule.

Any difference or dispute may by agreement between the parties be referred to the Board for an opinion, provided always that such an opinion is sought on a joint statement of undisputed facts, and the parties undertake to accept it as final.

Where any difference or dispute arising out of the Conditions of Engagement and Scale of Professional Fees and Charges cannot be determined in accordance with paragraph (a) of clause A.6, it shall be referred to arbitration by a person to be agreed between the parties, or failing agreement within fourteen days after either party has given the other a written request to concur in the appointment of an arbitrator, to a person to be nominated at the request of either party by the President of the East Africa Institute of Architects.

The architect’s fees and charges may fall into four main categories.

The total construction cost will be based on the cost, as certified by the architect, of all works executed under the direction of the general contractor, including the cost of site works and built-in furniture and equipment, subject to the following conditions:

The total construction cost should not include sub-contractor’s design fees for work on which consultants would otherwise have been employed. Where appropriate the architect should estimate a reduction from the contract sum.

In addition to the cost of all works executed under the building contract, the total construction cost shall be deemed to include the cost of any work which is excluded from the contract but otherwise designed by the architect.

The cost of specialist equipment, fixed or unfixed, of works of art will not usually be included, although the architect may charge for work in connexion with such items under Part 6 of this Schedule, or on a time basis as provided for under Part 7 of this Schedule.

Where appropriate the cost of old materials will be calculated as if they were new.

Where any materials, labour or carriage are supplied by a client who is not the builder, the cost shall be estimated by the architect as if they were supplied by the contractor, and included in the total construction cost.

Where the client is the builder, the building organization’s own estimated cost of the works, as certified by an independent quantity surveyor, may be used in calculating the total construction cost provided always that the architect’s own estimate shall be used in the absence of such statement of account.

The work described in Part 3 of this Schedule is required for any building project and unless the architect is specifically informed to the contrary he may assume the client intends the execution of any works he is commissioned to design, and that the normal service will be required.

The normal service is divided into five stages described in paragraphs (a) to (e) of clause C.2. Subject to the provisions of clause B.10, percentage fees on the total construction cost of the works shall be charged for services provided in paragraphs (b) to (e) of clause C.2.

On completion of each stage of the normal service described in Part 3 of this Schedule, the appropriate percentage fee on the estimated construction cost of the works subject to any variation in accordance with Part 4 of this Schedule, plus any other fees and out of pocket expenses which have accrued, shall be due for payment.

Fees and charges in respect of stages described in paragraphs (d) and

of clause C.2 will be paid by instalments proportionate to the drawings completed or value of the works certified from time to time.

Alternatively, the architect and client may arrange for interim payments of fees and charges during all stages of the work and for payment during the stage described in paragraph (e) of clause C.2 by instalments other than those related to the value of the work certified from time to time.

On the issue of the final certificate, all percentage fees must be recalculated on the actual construction cost. The final instalment of all fees and other charges must then be made.

Where for any reason the architect provides only part of the service described in Part 3 of this Schedule he shall be entitled to commensurate remuneration, in addition to any out of pocket expenses, in accordance with paragraphs (b) to (f) of this clause, clause B.11 and clause B.12 of this Schedule.

Where an architect completes the work in any of paragraphs (b) to (d) of clause C.2, he shall be entitled to the appropriate percentage fee on the estimated construction cost of the works.

Where an architect is commissioned to undertake only the work described in paragraph (e) of clause C.2, whether in whole or part, fees shall be on a time basis; provided always that where the architect provides only part of the services described in paragraph (e) of clause C.2 in respect of his own design he shall be entitled to net less than the percentage fee due to him under paragraph (b) of clause B.9.

Where an architect provides only a part of the complete service described in any of paragraphs (b) to (d) of clause C.2, fees shall be on a time basis, except by prior written agreement in accordance with paragraph (d) of clause A.2.

All percentage fees for partial services shall be based on the architect’s current estimate of the total construction cost of the work. Such estimates may be based on an accepted tender, or subject to paragraph (f) of this clause, on the lowest of unaccepted tenders.

In no case where partial service is provided in respect of works for which the executed cost is not known and no tender has been accepted should the architect’s percentage fees be based on an estimated total construction cost which exceeds the most recent cost limit agreed with the client.

Where the construction of works is cancelled or postponed for a period exceeding twelve months, or the architect is instructed to stop work indefinitely at any time they shall be deemed to be abandoned and fees for partial service will be due.

If, however, instructions necessary for the architect to continue work are not received from the client, the works may be deemed to have been abandoned after six months have elapsed from the time such instructions were requested.

Where works are abandoned or any part of them is omitted at any time before completion, fees for partial service in respect of the whole or part of the works shall be charged for all work done with due authority, in accordance with clause B.10 of this Schedule.

If works which have been abandoned are resumed without substantial alteration within twelve months any fees paid under clause B.11 of this Schedule shall rank solely as payment on account towards the total fee payable on the execution of such works and calculated on their total construction cost.

Except where there is written agreement to the contrary, where works which have been abandoned are resumed after twelve months, any fees paid under clause B.11 of this Schedule shall be regarded as final payment for the services originally rendered. The resumed works shall be deemed a new commission for which payment shall be due in accordance with Part 3 and clause B.10 of this Schedule.

All additional work arising out of resumed works shall be charged on a time basis.

The normal service covers the duty of making and negotiating applications for town planning consent and building by-laws approvals.

Additional negotiations arising from such applications, and all work in connexion with other applications constitute additional services and shall be charged on a time basis.

Where partial service is performed in respect of works costing less than £7,000, the following percentages shall apply, provided that the minimum fee assessed at any percentage shall be greater than the maximum fee due vide the percentage next below:—

A higher percentage is chargeable for works to existing buildings as scheduled in Part 3 of this Schedule, but for works costing less than £16,000 the following sliding scale shall apply—

For a partial service in respect of works to existing buildings costing less than £16,000 the following fees shall apply, provided that the minimum fee assessed at any percentage shall be greater than the maximum fee due under the percentage next below—

Fees for extensions to existing buildings which are substantially independent shall be as for new works, but the fee for those sections of works which marry the existing buildings to the new shall always be charged on the higher scale.

Where extensions to existing buildings are charged in two parts the percentage fee for each part shall be as for an independent commission of similar value.

The percentage in paragraphs (a) and (b) of this clause are minimal and will not necessarily be sufficient for alterations to all buildings. Higher fees may often be appropriate and should be assessed on the merits of the individual commission.

Repetitive works may consist of floors or bays repeated within a single building, or buildings repeated on the same site. Where such floor, bays or buildings are repeated under a single building contract and such repetition enables sets of drawings and specifications to be re-used without alteration or with only minor modifications, fees shall be reduced as follows:

Where houses are in all respects identical repeats of one design for which type drawings and specifications can be re-used without modification, the fees for work described in paragraph (c) of clause C.2 shall be reduced by 1 per cent, and the fees for work described in paragraph (d) of clause C.2 shall be waived for each repeated house other than the first five.

Fees for work described in paragraph (d) of clause C.2 only shall be waived for each repeated house, other than the first five, for which type drawings and specifications can be re-used with only minor modification.

Where a multi-storey building contains a number of repeated floors or a single building consists of a number of repeated bays which are each not less than 2,500 square feet in area and are in all respects repetitions of a single design for which type drawings and specifications can be re-used without modification, fees for services described in paragraphs (c) and (d) of clause C.2 shall be waived for each repeated floor or bay, other than the first eight floor or the first five bays.

Fees for work described in paragraph (d) of clause C.2 only may be waived for each repeated floor or bay, other than the first eight floors or five bays, for which type drawings and specifications can be re-used with only minor modifications, provided that all the conditions in paragraph (d) of this clause are fulfilled.

Where a multi-storey building consists of two or more self-contained units, each of which consists of a number of dwellings and their ancillary facilities including all necessary access, fees for the repeated units shall be calculated as if they were independent buildings, in accordance with clause D.5.

The calculation of fees for repetitive works shall be in accordance with clause D.6.

Where a building is repeated for the same client, and type drawings and specifications can be re-used without modification, irrespective of whether more than one site or contract is involved, fees shall be reduced as follows:

Where a building of not less than 2,000 square feet in area is in all respects a repeat of a previous design for the same client and type drawings and specifications can be re-used without modification, the fees for work described in paragraphs (c) and (d) of clause C.2 shall be waived for each repeated building other than the first.

Fees for work described in paragraph (d) of clause C.2 only may be waived for each repeated building of not less than 2,000 square feet in area, other than the first, for which type drawings and specifications can be re-used with only minor modification.

Fees for all except the first five of any repeated buildings of less than 2,000 square feet in area may be waived for work described in paragraph (c) and/

The calculation of fees for repeated buildings shall be in accordance with clause D.6.

Reduction for repetitive work and repeated buildings shall be calculated as follows:

Type drawings and specifications are those drawings of a repeated house, floor, bay or unit of a building which are necessary for the construction of the works above ground floor slab, otherwise referred to as the superstructure.

The total construction cost of the work shall be taken first and the fee for normal or partial services calculated thereon. The fee for any work in paragraphs (c) and/or (d) of clause C.2 which is done should then be assessed on the cost of the works qualifying for reductions and deducted from the fee first calculated.

Screen walls, outbuildings and garages shall be excluded from the construction costs of works on which fees are waived unless they are included in the type drawings and specifications.

The "handing" of a plan shall not constitute a modification.

The fees for work in paragraph (e) of clause C.2 shall not in any circumstances be reduced for repetitive works or repeated buildings.

In the case of houses which are in all respects repeats of one design but for which separate applications for approval must be made to the local authority for each house, then paragraph (c) of clause D.4 and not paragraph (b) of clause D.4 shall apply.

The architect’s charges for the services described will be based on the time spent on the work by the architect and his staff.

For advising on the selection and suitability of sites, conducting negotiations concerned with sites or buildings, making surveys, measurements and plans of the sites, sites and buildings or existing buildings.

For making inspections, preparing reports or giving general advice on the condition of premises.

For preparing schedules of dilapidations and negotiating them on behalf of landlords or tenants; for taking particulars on site, preparing specifications for repairs and supervising their execution.

For making structural investigations, the limits of which shall be clearly defined and agreed in writing, such as are necessary to ascertain or not whether there are defects in the walls, roof, floors and drains of a building which may materially affect its life and value.

For undertaking a preliminary technical appraisal of a project sufficient to enable the client to decide whether and in what form to proceed, and making town planning inquiries or application for outline town planning approval. Such an appraisal may include an approximation of the cost of meeting the client’s requirements, a statement upon the need for consultants, an outline timetable and a suggested contract procedure.

For preparing development plans which will be carried out over a number of years for any large building or complex of buildings.

Fees for preparing development plans shall always be additional to percentage fees for normal service.

Where the architect is employed to prepare a layout only or is employed to prepare a layout for a greater area than that which is to be developed immediately.

Where the architect is employed to provide normal service for roads and sewers, fees shall be in accordance with the Scale of Charges for General Civil Engineering Works of the Association of Consulting Engineers.

Where a client’s initial statement of requirements in paragraph

of clause C.2 requires special services such as operational research including works study before consideration of the brief and development of outline proposals as described in paragraph (b) of clause C.2 can begin.

Where the development of a scheme design in paragraph (c) of clause C.2 or detailed design in paragraph (d) of clause C.2 involves special constructional research, including the design, construction or testing of prototype buildings or models.

Payment for the design of mass-produced building components may be by royalty, or by time charges and sale of copyright. Fees for development work in connection with the design of prototypes should be on a time basis, but may be an advance on royalties.

For special negotiations arising from applications for town planning, building by-law, building act or building regulation approvals.

For providing information and/or making all applications other than those detailed in paragraph (a) of clause C.3 of this Schedule including applications for licences, negotiations in connexion with party walls, rights of light and other easements, reservations or restrictions, and grant aid.

For extra work at any time owing to changes in an approved design beyond the control of the architect, resulting from changes in the client’s instructions or any other cause. Clients are particularly reminded of the considerable extra charges which may be incurred as follows:

For amending detailed design drawings already prepared or for preparing new drawings because of alterations in the brief after the approval of a scheme design.

For amending production information already prepared or for preparing additional information because of changes in location, size or shape after the approval of a detailed design.

Fees for town planning work shall be in accordance with the Professional Charges of the Town Planning Institute, subject to the following provisos:

All layouts shall be charged on a time basis.

All time charges shall be in accordance with Part 7 of this Schedule.

The cost of all site works designed under the direction of the architect under the same or separate building, civil engineering or landscape contracts, shall be included in the total construction cost of the works, and the architect shall be entitled to the appropriate percentage fees for normal or partial service, except that:

Fees for the first £5,000 of all works shall be in accordance with the Scale of Professional Charges of the Institute of Landscape Architects.

Fees for the normal service for roads and sewers shall be in accordance with the Scale of Charges for General Civil Engineering Works of the Association of Consulting Engineers.

The fees for special design of garden furniture and ornaments shall be as for the design of furniture in paragraph (c) of clause F.4.

Specialist advice on the selection of plants and materials, visits to nurseries, etc., and all other additional services shall be charged on a time basis.

Where special services are required in respect of interior design work in a new or existing building, such work being distinct from normal alterations to an existing building and excluding all external works and any major structural alterations, and the architect is employed only on this work, or it is executed under a special sub-contract or a contract separate from that for other works on which the architect may be employed, fees are as follows:

For the normal service described in Part 3 of this Schedule, with the addition of special sketch studies, detailed advice on the selection of all furniture, fittings, and soft furnishings, and supervision of the making up of such furnishings the percentage fee for each stage of the normal service shall be double that for new works.

The architect shall separate the construction costs of interior design work on which such special fees are calculated from the total construction cost on which he is receiving a fee for the normal service.

Neither total construction costs nor the fee for the normal service shall be abated where other designers are employed on interior design work executed under the direction of the architect.

For shop fitting and exhibition design including both the remodelling of existing shops and the design of new units both independently and within the shell of existing buildings, irrespective of whether the architect is employed for shop fitting design only or the work forms part of a general building contract, the percentage fee for each stage of the normal service will be double that for new works.

Where shop fitting drawings are provided by specialist sub-contractors the fee shall be as for the normal service described in Part 3 of this Schedule.

For advising on the selection and suitability of loose furniture fittings and soft furnishings and supervision of their installation including the making up of soft furnishings, fees shall be on a time basis.

For the design of special items of furniture for limited production only, the percentage shall be 15 per cent of the total production cost. Alternatively, fees may be on a time basis.

Payment for the design of mass-produced items of furniture may be by royalty, or by time and sale of copyright. Fees for the design of prototypes should be on a time basis, but may be an advance on royalties.

For qualifying to give evidence, settling proofs, conferences with advocates and counsel, attendance in court or at arbitrations or town planning inquiries or before other tribunals for services in connexion with litigations and for arbitration, fees shall be on a time basis.

Time charges shall be in accordance with Part 7 of this Schedule, except that there shall be a minimum fee of Sh. 675 for acting as arbitrator.

Except where otherwise specified fees based upon time spent by both principals and staff shall be as follows:

The rate for principals shall be Sh.90 per hour upwards depending on circumstances.

The rate for architectural and other technical staff shall be Sh.3 per hour for each £100 of gross annual salary.

Day rates may be charged on the basis of not less than 7½ hours of principals’ or staff time.

Unless otherwise agreed time shall not be charged for clerical staff.

Where work is situated more than fifty miles from the architect’s office and such work is visited by road or rail, travelling time shall be charged on an hourly basis.

Where work is situated more than two hundred miles from the architect’s office and such work is visited by air, travelling time shall be charged on an hourly basis.

Architects who are required to give estimates of the cost of their professional services may do so quoting appropriate percentage fees on any constructional cost limits supplied by the client or by estimating time charges on work for which percentage fees are not applicable provided that:

Any estimates shall be subject to revision in accordance with actual construction costs of works for which scale fees are quoted, or the time actually spent on the job.

The services to be provided shall be clearly stated.

Estimates based on time charges indicate the estimated time to be spent by principals and staff at various salary levels.

An architect in Kenya shall not knowingly compete with another in respect of percentage fees or time charges.

Expenses incurred in respect of advertising for tenders; for clerks of works and other resident site staff, including the time and expense of interviewers and reasonable expenses for interviews.

Any other payments made on behalf of the client.

By prior written agreement expenses may be estimated or standardised in whole or part, or compounded for an increase in the percentage fee.

The client shall not be liable for inland surface postage or local telephone charges, but shall be liable for air mail, overseas postage, trunk telephone calls and telegrams.

In the case of registered architects who are members of the Royal Institute of British Architects, it is recommended that their fees should be based on the recommendations of the R.I.B.A. as published in Part 9 of the R.I.B.A. Scale of Charges.

In the case of registered architects who are not members of the R.I.B.A., it is recommended that their fees should be based on this Schedule as published by the Board.

Measuring and making up accounts of variations upon contracts, including pricing and agreeing totals with contractors:

per cent upon the gross amount of the additions.

per cent of the value of the work (as defined in clause B.1(a)(iii)), or alternatively a charge to be based upon the time involved.

B.2 Work executed with old materials When work is to be, or has been executed wholly or in part with old materials, or where material, labour or carriage is provided by the building owner, the percentage shall be calculated as if the works were to be or had been executed throughout by a contractor and with new materials.

B.3 Schedule contracts (architectural work)

per cent, except on work necessitating measurement which shall be paid for at the rates laid down in clauses B.2 and B.3 of this Schedule.

B.5 Civil engineering work Except as otherwise provided the charges for quantity surveying services in relation to work which can be classed as civil engineering work shall as regards percentages, be half those for architectural work but the same as the latter in respect of charges based upon time, travelling and out of pocket expenses.

B.6 Works where scales are inapplicable Where works are of such a character that percentage or other stated charges are clearly inapplicable time charges shall be made in accordance with clause B.11 of this Schedule.

B.7 Survey For making inspection, preparing reports or giving advice on the structural or sanitary condition of premises the charge shall be by time in accordance with clause B.11 of this Schedule, the minimum fee being one hundred and twenty shillings, in addition to the cost of assistants.

B.8 Litigation and arbitration The charges shall be those set out in clause B.7 of the Fourth Schedule to these by-laws.

B.9 Dilapidations The charges shall be those set out in clause B.8 of the Fourth Schedule to these by-laws.

B.10 Travelling time An additional charge may be made by prior written agreement if the work should be at such a distance as to lead to an exceptional expenditure of time in travelling.

B.11 Time charges In cases in which charges are based upon the time occupied, the minimum fee shall be fifty shillings per hour exclusive of charges for assistant’s time.

B.12 Expenses The scale shall be in all cases, exclusive of the cost of appliances, copies of documents, lithography, travelling and hotel expenses and all other reasonable disbursements which shall be charged in addition. Mileage allowance for cars shall be set out in item H.3 of the Fourth Schedule of these By-laws.

B.13 Approving plans The charges shall be those set out in clause B.11 of the Fourth Schedule to these by- laws.

B.14 Valuation of freehold or leasehold property

Return of fee to unsuccessful applicant

The sum paid by an unsuccessful applicant under clause 1(a) shall be returned to the applicant at the time of notifying him of the Board’s decision but in the event of an order of court reversing such decision all the sums payable under that clause shall become due and owing from the applicant as therein provided.

Fees not returnable

In the event of the name of a registered person being removed from the register for any reason the registration fee and any renewal fee already paid shall not be returnable to or recoverable by him.

Default in payment of registration fee

Previous by-law lump sum

The Board may, at its discretion modify the payment of the annual renewal fee in respect of registered persons who have paid any lump sum fee due under previous by-laws.

Fees due upon removal of name at own request

The renewal fee is due annually on the first day of September as long as a person’s name is recorded in the register. In the event of the name of a person being removed from the register at his own request no renewal fee will be required for the subsequent year and thereafter.

Outstanding payments if name struck off by court

In the event of the name of a registered person being struck off the register under section 13 of the Act any annual renewal fee due at the date of removal from the register shall be paid forthwith.

Payment during suspension

In the event of a person being suspended under section 13 of the Act such person shall notwithstanding the suspension continue to pay the annual renewal fee as provided in paragraph 1(b).

Architects in Kenya are governed by the Architects and Quantity Surveyors Act (Cap. 525) and by the by-laws made thereunder.

The work of an architect is to advise his clients, study their needs, to prepare, direct and co-ordinate design and to supervise works executed under a building contract.

The employment of consultants shall be at the architect’s discretion in agreement with the client. Where consultants are employed, the architect shall be responsible for the direction and integration of their work. Consultants shall be responsible for the detailed design and supervision of the work entrusted to them.

The architect may also nominate specialist sub-contractors for the design and execution of any part of the work. He shall be responsible for the direction and integration of their design, and for the supervision of their work in accordance with paragraph (h) of this clause.

The work done by an architect in fulfilment of these responsibilities is described in Part 3 of this Schedule.

The architect shall not initiate or proceed with any stage of his duties without the authority of the client. He shall not make any material deviation, alteration, addition to or omission from the approved design without the knowledge and consent of the client, except as provided in paragraph (g) of this clause.

Notwithstanding the provisions of paragraph (f) of this clause, the architect may authorize material changes in design if they are necessary for constructional reasons, provided that the client is informed without delay.

The architect shall give such periodic supervision and inspection as may be necessary to ensure that the works are being executed in general accordance with the contract; constant supervision does not form part of his normal duties.

Where more frequent or constant inspection is required a Clerk of Works shall be employed. He shall be nominated or approved by the architect, and be under the architect’s direction and control. He shall be appointed and paid by the client or alternatively may be employed by the architect who shall be reimbursed in accordance with paragraph (a) of clause H.4 of this Schedule.

Where the employment of a resident architect is agreed he shall be employed by the architect who shall be reimbursed in accordance with paragraph (a) of clause H.4 of this Schedule.

Architects in Kenya are required to uphold and apply the Scale of Professional Charges published by the Board. The remuneration of the architect shall therefore be in accordance with the Scale and Conditions specified herein, unless a higher charge is agreed between the architect and client when the former is commissioned.

The Scale of Charges does not include any remuneration for works performed by Quantity Surveyors, or by Civil, Structural, Electrical or Heating and Ventilating Engineers, or for any other work normally performed by specialist consultants. Where any work which would normally be performed by a specialist consultant is performed by the architect’s own staff, other than work provided for in Part 6 of this Schedule, then subject to prior agreement by the client, a fee shall be charged in accordance with the Scales of Fees of the Association of Consulting Engineers or other appropriate Professional Association.

When consultants are employed, subject to paragraph (c) of clause A.1, they may be appointed and paid by the architect, who shall be reimbursed by the client for such payments, or appointed and paid by the client.

Where work done by a client results in the omission of part of the normal service described in Part 3 of this Schedule, a commensurate reduction in fees may be made by prior written agreement, provided such an agreement schedules in detail the work to be done by the client which would otherwise have formed part of the normal service by the architect.

The architect’s charges do not include any remuneration for quantity surveying.

Where the services of more than one profession are provided by a single firm or consortium, fees shall be the same as if such services were provided independently. Any consolidated fees shall therefore be the sum of the appropriate fees for the individual professional services rendered.

Where an architect is commissioned by the Government of Kenya to undertake professional work in accordance with the special Scale of Charges agreed between Government and the Profession, the architect shall not be bound to adhere to the Scale specified herein, except in regard to any matter not described in the said special Scale.

An engagement entered into between the architect and the client may be terminated at any time by either party on the expiry of reasonable notice, when the architect shall be entitled to remuneration in accordance with clause B.10 of this Schedule.

Copyright in all drawings and in the work executed from them will remain the property of the architect unless a specific contract is entered into for the sale of such a copyright and except for drawings and work for the Government of the Republic of Kenya as provided for in section 6 of the Copyright Act (Cap. 130).

Any question arising out of the Conditions of Engagement and Scale of Professional Fees and Charges may be referred by architect or client to the Board for advice at any time, provided always that any difference or dispute between them shall be determined in accordance with paragraph (a) of clause A.6 or clause A.7 of this Schedule.

Any difference or dispute may by agreement between the parties be referred to the Board for an opinion, provided always that such an opinion is sought on a joint statement of undisputed facts, and the parties undertake to accept it as final.

Where any difference or dispute arising out of the Conditions of Engagement and Scale of Professional Fees and Charges cannot be determined in accordance with paragraph (a) of clause A.6, it shall be referred to arbitration by a person to be agreed between the parties, or failing agreement within fourteen days after either party has given the other a written request to concur in the appointment of an arbitrator, to a person to be nominated at the request of either party by the President of the East Africa Institute of Architects.

The architect’s fees and charges may fall into four main categories.

The total construction cost will be based on the cost, as certified by the architect, of all works executed under the direction of the general contractor, including the cost of site works and built-in furniture and equipment, subject to the following conditions:

The total construction cost should not include sub-contractor’s design fees for work on which consultants would otherwise have been employed. Where appropriate the architect should estimate a reduction from the contract sum.

In addition to the cost of all works executed under the building contract, the total construction cost shall be deemed to include the cost of any work which is excluded from the contract but otherwise designed by the architect.

The cost of specialist equipment, fixed or unfixed, of works of art will not usually be included, although the architect may charge for work in connexion with such items under Part 6 of this Schedule, or on a time basis as provided for under Part 7 of this Schedule.

Where appropriate the cost of old materials will be calculated as if they were new.

Where any materials, labour or carriage are supplied by a client who is not the builder, the cost shall be estimated by the architect as if they were supplied by the contractor, and included in the total construction cost.

Where the client is the builder, the building organization’s own estimated cost of the works, as certified by an independent quantity surveyor, may be used in calculating the total construction cost provided always that the architect’s own estimate shall be used in the absence of such statement of account.

The work described in Part 3 of this Schedule is required for any building project and unless the architect is specifically informed to the contrary he may assume the client intends the execution of any works he is commissioned to design, and that the normal service will be required.

The normal service is divided into five stages described in paragraphs (a) to (e) of clause C.2. Subject to the provisions of clause B.10, percentage fees on the total construction cost of the works shall be charged for services provided in paragraphs (b) to (e) of clause C.2.

On completion of each stage of the normal service described in Part 3 of this Schedule, the appropriate percentage fee on the estimated construction cost of the works subject to any variation in accordance with Part 4 of this Schedule, plus any other fees and out of pocket expenses which have accrued, shall be due for payment.

Fees and charges in respect of stages described in paragraphs (d) and

of clause C.2 will be paid by instalments proportionate to the drawings completed or value of the works certified from time to time.

Alternatively, the architect and client may arrange for interim payments of fees and charges during all stages of the work and for payment during the stage described in paragraph (e) of clause C.2 by instalments other than those related to the value of the work certified from time to time.

On the issue of the final certificate, all percentage fees must be recalculated on the actual construction cost. The final instalment of all fees and other charges must then be made.

Where for any reason the architect provides only part of the service described in Part 3 of this Schedule he shall be entitled to commensurate remuneration, in addition to any out of pocket expenses, in accordance with paragraphs (b) to (f) of this clause, clause B.11 and clause B.12 of this Schedule.

Where an architect completes the work in any of paragraphs (b) to (d) of clause C.2, he shall be entitled to the appropriate percentage fee on the estimated construction cost of the works.

Where an architect is commissioned to undertake only the work described in paragraph (e) of clause C.2, whether in whole or part, fees shall be on a time basis; provided always that where the architect provides only part of the services described in paragraph (e) of clause C.2 in respect of his own design he shall be entitled to net less than the percentage fee due to him under paragraph (b) of clause B.9.

Where an architect provides only a part of the complete service described in any of paragraphs (b) to (d) of clause C.2, fees shall be on a time basis, except by prior written agreement in accordance with paragraph (d) of clause A.2.

All percentage fees for partial services shall be based on the architect’s current estimate of the total construction cost of the work. Such estimates may be based on an accepted tender, or subject to paragraph (f) of this clause, on the lowest of unaccepted tenders.

In no case where partial service is provided in respect of works for which the executed cost is not known and no tender has been accepted should the architect’s percentage fees be based on an estimated total construction cost which exceeds the most recent cost limit agreed with the client.

Where the construction of works is cancelled or postponed for a period exceeding twelve months, or the architect is instructed to stop work indefinitely at any time they shall be deemed to be abandoned and fees for partial service will be due.

If, however, instructions necessary for the architect to continue work are not received from the client, the works may be deemed to have been abandoned after six months have elapsed from the time such instructions were requested.

Where works are abandoned or any part of them is omitted at any time before completion, fees for partial service in respect of the whole or part of the works shall be charged for all work done with due authority, in accordance with clause B.10 of this Schedule.

If works which have been abandoned are resumed without substantial alteration within twelve months any fees paid under clause B.11 of this Schedule shall rank solely as payment on account towards the total fee payable on the execution of such works and calculated on their total construction cost.

Except where there is written agreement to the contrary, where works which have been abandoned are resumed after twelve months, any fees paid under clause B.11 of this Schedule shall be regarded as final payment for the services originally rendered. The resumed works shall be deemed a new commission for which payment shall be due in accordance with Part 3 and clause B.10 of this Schedule.

All additional work arising out of resumed works shall be charged on a time basis.

The normal service covers the duty of making and negotiating applications for town planning consent and building by-laws approvals.

Additional negotiations arising from such applications, and all work in connexion with other applications constitute additional services and shall be charged on a time basis.

Where partial service is performed in respect of works costing less than £7,000, the following percentages shall apply, provided that the minimum fee assessed at any percentage shall be greater than the maximum fee due vide the percentage next below:—

A higher percentage is chargeable for works to existing buildings as scheduled in Part 3 of this Schedule, but for works costing less than £16,000 the following sliding scale shall apply—

For a partial service in respect of works to existing buildings costing less than £16,000 the following fees shall apply, provided that the minimum fee assessed at any percentage shall be greater than the maximum fee due under the percentage next below—

Fees for extensions to existing buildings which are substantially independent shall be as for new works, but the fee for those sections of works which marry the existing buildings to the new shall always be charged on the higher scale.

Where extensions to existing buildings are charged in two parts the percentage fee for each part shall be as for an independent commission of similar value.

The percentage in paragraphs (a) and (b) of this clause are minimal and will not necessarily be sufficient for alterations to all buildings. Higher fees may often be appropriate and should be assessed on the merits of the individual commission.

Repetitive works may consist of floors or bays repeated within a single building, or buildings repeated on the same site. Where such floor, bays or buildings are repeated under a single building contract and such repetition enables sets of drawings and specifications to be re-used without alteration or with only minor modifications, fees shall be reduced as follows:

Where houses are in all respects identical repeats of one design for which type drawings and specifications can be re-used without modification, the fees for work described in paragraph (c) of clause C.2 shall be reduced by 1 per cent, and the fees for work described in paragraph (d) of clause C.2 shall be waived for each repeated house other than the first five.

Fees for work described in paragraph (d) of clause C.2 only shall be waived for each repeated house, other than the first five, for which type drawings and specifications can be re-used with only minor modification.

Where a multi-storey building contains a number of repeated floors or a single building consists of a number of repeated bays which are each not less than 2,500 square feet in area and are in all respects repetitions of a single design for which type drawings and specifications can be re-used without modification, fees for services described in paragraphs (c) and (d) of clause C.2 shall be waived for each repeated floor or bay, other than the first eight floor or the first five bays.

Fees for work described in paragraph (d) of clause C.2 only may be waived for each repeated floor or bay, other than the first eight floors or five bays, for which type drawings and specifications can be re-used with only minor modifications, provided that all the conditions in paragraph (d) of this clause are fulfilled.

Where a multi-storey building consists of two or more self-contained units, each of which consists of a number of dwellings and their ancillary facilities including all necessary access, fees for the repeated units shall be calculated as if they were independent buildings, in accordance with clause D.5.

The calculation of fees for repetitive works shall be in accordance with clause D.6.

Where a building is repeated for the same client, and type drawings and specifications can be re-used without modification, irrespective of whether more than one site or contract is involved, fees shall be reduced as follows:

Where a building of not less than 2,000 square feet in area is in all respects a repeat of a previous design for the same client and type drawings and specifications can be re-used without modification, the fees for work described in paragraphs (c) and (d) of clause C.2 shall be waived for each repeated building other than the first.

Fees for work described in paragraph (d) of clause C.2 only may be waived for each repeated building of not less than 2,000 square feet in area, other than the first, for which type drawings and specifications can be re-used with only minor modification.

Fees for all except the first five of any repeated buildings of less than 2,000 square feet in area may be waived for work described in paragraph (c) and/

The calculation of fees for repeated buildings shall be in accordance with clause D.6.

Reduction for repetitive work and repeated buildings shall be calculated as follows:

Type drawings and specifications are those drawings of a repeated house, floor, bay or unit of a building which are necessary for the construction of the works above ground floor slab, otherwise referred to as the superstructure.

The total construction cost of the work shall be taken first and the fee for normal or partial services calculated thereon. The fee for any work in paragraphs (c) and/or (d) of clause C.2 which is done should then be assessed on the cost of the works qualifying for reductions and deducted from the fee first calculated.

Screen walls, outbuildings and garages shall be excluded from the construction costs of works on which fees are waived unless they are included in the type drawings and specifications.

The "handing" of a plan shall not constitute a modification.

The fees for work in paragraph (e) of clause C.2 shall not in any circumstances be reduced for repetitive works or repeated buildings.

In the case of houses which are in all respects repeats of one design but for which separate applications for approval must be made to the local authority for each house, then paragraph (c) of clause D.4 and not paragraph (b) of clause D.4 shall apply.

The architect’s charges for the services described will be based on the time spent on the work by the architect and his staff.

For advising on the selection and suitability of sites, conducting negotiations concerned with sites or buildings, making surveys, measurements and plans of the sites, sites and buildings or existing buildings.

For making inspections, preparing reports or giving general advice on the condition of premises.

For preparing schedules of dilapidations and negotiating them on behalf of landlords or tenants; for taking particulars on site, preparing specifications for repairs and supervising their execution.

For making structural investigations, the limits of which shall be clearly defined and agreed in writing, such as are necessary to ascertain or not whether there are defects in the walls, roof, floors and drains of a building which may materially affect its life and value.

For undertaking a preliminary technical appraisal of a project sufficient to enable the client to decide whether and in what form to proceed, and making town planning inquiries or application for outline town planning approval. Such an appraisal may include an approximation of the cost of meeting the client’s requirements, a statement upon the need for consultants, an outline timetable and a suggested contract procedure.

For preparing development plans which will be carried out over a number of years for any large building or complex of buildings.

Fees for preparing development plans shall always be additional to percentage fees for normal service.

Where the architect is employed to prepare a layout only or is employed to prepare a layout for a greater area than that which is to be developed immediately.

Where the architect is employed to provide normal service for roads and sewers, fees shall be in accordance with the Scale of Charges for General Civil Engineering Works of the Association of Consulting Engineers.

Where a client’s initial statement of requirements in paragraph

of clause C.2 requires special services such as operational research including works study before consideration of the brief and development of outline proposals as described in paragraph (b) of clause C.2 can begin.

Where the development of a scheme design in paragraph (c) of clause C.2 or detailed design in paragraph (d) of clause C.2 involves special constructional research, including the design, construction or testing of prototype buildings or models.

Payment for the design of mass-produced building components may be by royalty, or by time charges and sale of copyright. Fees for development work in connection with the design of prototypes should be on a time basis, but may be an advance on royalties.

For special negotiations arising from applications for town planning, building by-law, building act or building regulation approvals.

For providing information and/or making all applications other than those detailed in paragraph (a) of clause C.3 of this Schedule including applications for licences, negotiations in connexion with party walls, rights of light and other easements, reservations or restrictions, and grant aid.

For extra work at any time owing to changes in an approved design beyond the control of the architect, resulting from changes in the client’s instructions or any other cause. Clients are particularly reminded of the considerable extra charges which may be incurred as follows:

For amending detailed design drawings already prepared or for preparing new drawings because of alterations in the brief after the approval of a scheme design.

For amending production information already prepared or for preparing additional information because of changes in location, size or shape after the approval of a detailed design.

Fees for town planning work shall be in accordance with the Professional Charges of the Town Planning Institute, subject to the following provisos:

All layouts shall be charged on a time basis.

All time charges shall be in accordance with Part 7 of this Schedule.

The cost of all site works designed under the direction of the architect under the same or separate building, civil engineering or landscape contracts, shall be included in the total construction cost of the works, and the architect shall be entitled to the appropriate percentage fees for normal or partial service, except that:

Fees for the first £5,000 of all works shall be in accordance with the Scale of Professional Charges of the Institute of Landscape Architects.

Fees for the normal service for roads and sewers shall be in accordance with the Scale of Charges for General Civil Engineering Works of the Association of Consulting Engineers.

The fees for special design of garden furniture and ornaments shall be as for the design of furniture in paragraph (c) of clause F.4.

Specialist advice on the selection of plants and materials, visits to nurseries, etc., and all other additional services shall be charged on a time basis.

Where special services are required in respect of interior design work in a new or existing building, such work being distinct from normal alterations to an existing building and excluding all external works and any major structural alterations, and the architect is employed only on this work, or it is executed under a special sub-contract or a contract separate from that for other works on which the architect may be employed, fees are as follows:

For the normal service described in Part 3 of this Schedule, with the addition of special sketch studies, detailed advice on the selection of all furniture, fittings, and soft furnishings, and supervision of the making up of such furnishings the percentage fee for each stage of the normal service shall be double that for new works.

The architect shall separate the construction costs of interior design work on which such special fees are calculated from the total construction cost on which he is receiving a fee for the normal service.

Neither total construction costs nor the fee for the normal service shall be abated where other designers are employed on interior design work executed under the direction of the architect.

For shop fitting and exhibition design including both the remodelling of existing shops and the design of new units both independently and within the shell of existing buildings, irrespective of whether the architect is employed for shop fitting design only or the work forms part of a general building contract, the percentage fee for each stage of the normal service will be double that for new works.

Where shop fitting drawings are provided by specialist sub-contractors the fee shall be as for the normal service described in Part 3 of this Schedule.

For advising on the selection and suitability of loose furniture fittings and soft furnishings and supervision of their installation including the making up of soft furnishings, fees shall be on a time basis.

For the design of special items of furniture for limited production only, the percentage shall be 15 per cent of the total production cost. Alternatively, fees may be on a time basis.

Payment for the design of mass-produced items of furniture may be by royalty, or by time and sale of copyright. Fees for the design of prototypes should be on a time basis, but may be an advance on royalties.

For qualifying to give evidence, settling proofs, conferences with advocates and counsel, attendance in court or at arbitrations or town planning inquiries or before other tribunals for services in connexion with litigations and for arbitration, fees shall be on a time basis.

Time charges shall be in accordance with Part 7 of this Schedule, except that there shall be a minimum fee of Sh. 675 for acting as arbitrator.

Except where otherwise specified fees based upon time spent by both principals and staff shall be as follows:

The rate for principals shall be Sh.90 per hour upwards depending on circumstances.

The rate for architectural and other technical staff shall be Sh.3 per hour for each £100 of gross annual salary.

Day rates may be charged on the basis of not less than 7½ hours of principals’ or staff time.

Unless otherwise agreed time shall not be charged for clerical staff.

Where work is situated more than fifty miles from the architect’s office and such work is visited by road or rail, travelling time shall be charged on an hourly basis.

Where work is situated more than two hundred miles from the architect’s office and such work is visited by air, travelling time shall be charged on an hourly basis.

Architects who are required to give estimates of the cost of their professional services may do so quoting appropriate percentage fees on any constructional cost limits supplied by the client or by estimating time charges on work for which percentage fees are not applicable provided that:

Any estimates shall be subject to revision in accordance with actual construction costs of works for which scale fees are quoted, or the time actually spent on the job.

The services to be provided shall be clearly stated.

Estimates based on time charges indicate the estimated time to be spent by principals and staff at various salary levels.

An architect in Kenya shall not knowingly compete with another in respect of percentage fees or time charges.

Expenses incurred in respect of advertising for tenders; for clerks of works and other resident site staff, including the time and expense of interviewers and reasonable expenses for interviews.

Any other payments made on behalf of the client.

By prior written agreement expenses may be estimated or standardised in whole or part, or compounded for an increase in the percentage fee.

The client shall not be liable for inland surface postage or local telephone charges, but shall be liable for air mail, overseas postage, trunk telephone calls and telegrams.

In the case of registered architects who are members of the Royal Institute of British Architects, it is recommended that their fees should be based on the recommendations of the R.I.B.A. as published in Part 9 of the R.I.B.A. Scale of Charges.

In the case of registered architects who are not members of the R.I.B.A., it is recommended that their fees should be based on this Schedule as published by the Board.

The scale of charges for the preparation of bills of quantities set out in clause B.1(a) is an overall scale based upon the inclusion of all provisional amounts which do not normally call for measurement.

The measurement and valuation of variations and the preparation of statements of account at the conclusion of the works are separate services for which the scale set out in clause B.1 (b) provides.