REF: ARCHITECT-DESIGN-SERVICE-AGREEMENT ARCHITECT DESIGN SERVICE AGREEMENT
(In accordance with the Architects Act 1972 and Council of Architecture Guidelines)
THIS ARCHITECTURAL CONSULTANCY AGREEMENT is executed on this [Agreement Execution Date] at the site office / chamber of the Architect:
BY AND BETWEEN:
[Architectural Studio / Firm Name], through its Principal Architect [Principal Architect Name], registered with the Council of Architecture under Registration Number [Council of Architecture (COA) Reg. No.], having its principal office at [Architect Office Address] (hereinafter referred to as the "ARCHITECT", which expression shall include legal heirs, successors, and permitted assigns) of the FIRST PART;
AND
[Client Full Name], residing / having office at [Project Site Location and Plot Details] (hereinafter referred to as the "CLIENT", which expression shall include legal representatives, heirs, successors, and assigns) of the SECOND PART.
The Architect and the Client are collectively referred to as the "Parties" and individually as a "Party".
WHEREAS:
A. The Client owns / controls the designated project site situated at [Project Site Location and Plot Details] and intends to develop a Residential project thereon;
B. The Architect is a duly licensed professional qualified under the Architects Act 1972 and registered with the Council of Architecture (COA), India;
C. The Client desires to retain the professional architectural consultancy services of the Architect, and the Architect has agreed to provide such services on the terms set forth herein.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. SCOPE OF SERVICES AND DESIGN PHASES
The Architect shall render professional design services for the Residential project situated at [Project Site Location and Plot Details]. The detailed scope of services is:
[Scope of Architectural Services]
The design deliverables shall be executed across the following sequential stages:
[Design Stages and Deliverables]
2. CLIENT OBLIGATIONS AND STATUTORY APPROVALS
The Client shall provide a certified site boundary survey, soil test report, contour map, ownership title documents, and municipal development rules applicable to the plot. The Client shall bear all statutory municipal scrutiny fees, development charges, sanction deposits, and external consultant fees (structural, MEP, environmental). The Architect shall prepare municipal sanction drawings, but obtaining statutory building permission remains the joint procedural responsibility of the Client and their licensed municipal liaison engineer.
3. SITE VISITS AND SUPERVISION BOUNDARIES
The Architect shall conduct periodic site monitoring visits as follows: [Site Supervision Visits].
The Parties explicitly acknowledge that the Architect's role is limited to periodic architectural inspection to ensure general conformity with design intent. The Architect does not act as a daily clerk-of-works, site contractor, or safety supervisor. Execution quality, structural stability, building materials, and site labour compliance remain the sole legal responsibility of the building contractor appointed by the Client.
4. PROFESSIONAL FEES AND PAYMENT MILESTONES
In consideration of the architectural design services rendered, the Client shall pay to the Architect:
(a) Total Professional Fee: INR [Total Architectural Consultancy Fee (in INR)] (Indian Rupees [Total Architectural Consultancy Fee (in INR)] only), exclusive of applicable GST;
(b) Payment Schedule and Milestones:
[Fee Payment Milestones]
All payments shall be made within seven (7) days of invoice submission. In the event of payment default exceeding fifteen (15) days, the Architect reserves the right to suspend drawing releases and site visits.
5. INTELLECTUAL PROPERTY AND COPYRIGHT RETENTION
[Intellectual Property and Copyright Clause]. Under Section 13(1)(b) and Section 14 of the Indian Copyright Act 1957, all architectural concepts, sketches, models, CAD files, working drawings, and specifications created by the Architect remain the exclusive intellectual property and copyright of the Architect. The Client is granted a personal, non-transferable, revocable license to execute the design exclusively at [Project Site Location and Plot Details]. The Client shall not reproduce, copy, or use the designs for any other plot, project, or phase without prior written consent and payment of royalty to the Architect.
6. TERMINATION AND SUSPENSION
Either Party may terminate this Agreement by giving thirty (30) days prior written notice. Upon termination, the Client shall immediately clear all pending professional fees pro-rated to the stage of work completed. If the Client terminates without cause, the Architect shall retain all advances paid and the Client shall have no right to use the Architect's incomplete drawings.
7. GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by the laws of India and Council of Architecture regulations. Any dispute arising out of this Agreement shall be referred to arbitration by a sole arbitrator appointed mutually by the Parties or nominated by the Council of Architecture, New Delhi. The arbitration shall be conducted under the Arbitration and Conciliation Act 1996.
IN WITNESS WHEREOF, the Parties hereto have signed and executed this Agreement on the date first above written.
__________________________________
ARCHITECT: [Principal Architect Name]
For: [Architectural Studio / Firm Name]
COA Registration No.: [Council of Architecture (COA) Reg. No.]
Chamber Address: [Architect Office Address]
__________________________________
CLIENT: [Client Full Name]
Project Site: [Project Site Location and Plot Details]
WITNESSES:
1. Signature: ______________________ Name & Address: ________________________________
2. Signature: ______________________ Name & Address: ________________________________
SCHEDULE OF TERMS, COVENANTS & CONDITIONS(6 ACTIVE CLAUSES)
1. TENURE & TERM OF LEASE: The term of this lease/tenancy shall be for a fixed duration of {{duration_months}} months commencing on {{commencement_date}} and terminating on {{expiry_date}} unless renewed by mutual consent.
2. MONTHLY RENT & DUE DATE: The Second Party covenants to remit a monthly rent of Rs. {{monthly_rent}} payable in advance on or before the {{rent_due_day}} day of each calendar month.
3. REFUNDABLE SECURITY DEPOSIT: The Second Party has deposited an interest-free refundable security sum of Rs. {{security_deposit}} with the First Party, returnable within 7 banking days of vacant handover.
4. PERMITTED USE OF PREMISES: The demised premises shall be utilized exclusively for lawful residential dwelling purposes and shall not be converted into commercial or industrial use.
5. STATUTORY ARBITRATION (ACT 1996): Any dispute arising hereunder shall be referred to a sole arbitrator appointed mutually under the Arbitration and Conciliation Act, 1996, with seat of arbitration in the execution city.
6. SUB-LEASE & ASSIGNMENT PROHIBITION: The Second Party is strictly prohibited from sub-letting, parting with possession, or assigning any portion of the premises to third parties without prior written consent.
ATTESTATION BY INDEPENDENT WITNESSES (AS PER APPLICABLE LAW)
First Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
Second Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
