Short answer
Who does what for a house: architect, engineer, structural engineer or contractor? The architect or engineer draws and signs the plans for approval. A structural engineer designs the structure, and BMTPC says the owner should select one to certify the house's structural adequacy. The contractor builds to those drawings under a contract. The Architects Act protects only the title 'architect'. Which professional must sign for your plot is set by your local body's bye-law.
On this page (10)
When you build a house, several people work on it at different times. The drawings come from one person, the structure may be designed by another, the approval is signed by a third, and the building is put up by a contractor and his workers. This page sets out what each one does, what the rules say, and what the owner must keep in hand. It names no firms and gives no fees.
Who is an architect, and what is protected?
Under the Architects Act, 1972, an “architect” is a person whose name is in the register of the Council of Architecture. The Act protects the title. Section 37(1) says that no one other than a registered architect or a firm of architects may use the title and style of “architect.”
The Act does not say who may design a house. In 2020 the Supreme Court held, in a case about the use of the title for government posts, that section 37 does not stop unregistered individuals from practising architecture and its related work; it protects the title. So the question for your house is not whether a person is an architect by name, but what your local body’s bye-law says about who may sign your plans.
What do the model bye-laws say?
The Model Building Bye-Laws 2016 set out who signs and who supervises. It is a model, so it binds your house only if your state or city has adopted it. Read these rules as the model’s answer, not as the law for your plot.
- Plans. Clause 2.11.1 says all plans must be signed by the owner and by “a qualified Architect who has valid registration with Council of Architecture,” or, “in case of plots upto 500 sq.m. only,” by an engineer.
- Structure. Clause 6.1 says structural design “shall only be carried out by a Structural Engineer on Record (SER) or Structural Design Agency on Record (SDAR).”
- Supervision. Appendix E gives the structural engineer the competence “to prepare the structural design, calculations and details for all buildings and undertake their supervision.”
- Small houses. Appendix E allows a supervisor to handle plans and supervision for residential buildings only on small plots, up to 100 sq m and up to two storeys, under the model’s conditions.
- Completion. Clause 2.16(v) lists among the completion papers a “structural stability certificate duly signed by the Structural Engineer.”
The model is explicit that the owner keeps the responsibility. Clause 2.15.1 says that neither the grant of permission, nor the approval of drawings, nor inspection by the authority “shall in any way relieve the Owner of the building from full responsibility for carrying out work in accordance with these Bye-Laws.” The owner must also start construction under the supervision of an architect or engineer, as Appendix E sets out.
What does BMTPC say each person does?
The BMTPC house-building digests, written for owners, describe the roles in plain words:
- Architect. Prepares the plans within the bye-laws, and the owner and architect jointly sign the application. The architect can watch the progress of work if the owner wants.
- Structural engineer. Does the structural design: the sizes of footings, beams, columns and slabs. BMTPC says the structural engineer has a role to “certify that the construction is structurally safe.”
- Owner. Must select a structural engineer “for certifying the structural adequacy of the house,” select the contractor and supervisor, and keep the documents on site.
- Contractor. Plans and carries out the construction, manages labour, materials and equipment, and keeps the owner informed of progress and shortcomings.
- Mason. Is responsible for construction “at the grass-root level” with the help of semi-skilled and unskilled workers. BMTPC gives the mason no design or certifying role: he builds to the drawings.
BMTPC says a structural engineer is a civil engineer who carries out the structural design, and that structural design is a different task from architectural design. In practice (our reading, not BMTPC’s), one civil engineer may do both, depending on the job and your local body.
The table below puts the roles side by side. The third column shows where each role comes from.
| Person | Main job | Where the rule comes from |
|---|---|---|
| Architect | Plans and approval drawings; signs the application with the owner | Model bye-law clause 2.11.1 and Appendix E |
| Civil engineer | Plans for small plots (model: up to 500 sq m) | Model bye-law clause 2.11.1 and Appendix E |
| Structural engineer | Structural design and calculations; certifies that the structure is safe | Model bye-law clause 6.1, Appendix E, clauses 2.16(v) and 6.1.6; BMTPC |
| Supervisor | Plans and supervision of small residential buildings (model: up to 100 sq m, two storeys) | Model bye-law Appendix E |
| Contractor | Builds to the drawings under a written contract | BMTPC; Indian Contract Act, 1872, section 10 |
| Mason and workers | Construction at ground level, to the drawings | BMTPC |
Who is responsible if something goes wrong?
Your local body sets the rule for who may sign, and the drawings, the contract and the site records show who did what. The owner is responsible for the work after the plan is sanctioned. A contractor is responsible under the contract he signs. The Indian Contract Act, 1872 treats a builder’s contract like any other agreement: section 10 says that agreements made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, are contracts. So the written agreement is what sets each party’s duties. Read it before you sign.
How is the building contracted?
A house is often built in one of two ways. In a full contract, a contractor supplies the labour and the materials. In a labour-only contract, the owner buys the materials and hires a labour contractor. BMTPC notes that under a labour-only contract the owner should also keep track of the work. Whichever you choose, the written agreement should say who buys the materials, the quality expected, the payment stages and what happens to extra work. The price of each option is not covered on this page.
Who supervises the work on site?
Supervision is the check that the work follows the drawings: the plan, the materials, the workmanship and the placement of steel. The model bye-law says the owner shall start the construction work under the supervision of an architect or engineer, as Appendix E sets out. Who does that day to day is set by your contract and your local body. In practice, the points where a mistake costs the most are the casting of slabs and columns, so ask who will check the steel before concrete is poured.
What mistakes should I avoid?
These are practice points, not code rules.
- Thinking the title tells you the rule. Whether someone may sign your plans depends on your local bye-law, not on whether they call themselves an architect.
- Treating the contractor as the designer. The mason and contractor build to the drawings. Ask who designed the structure.
- Signing a contract without a specification. Ask for the quality of cement and steel, the payment stages and what happens to extra work in writing.
- Missing the slab casting visit. Ask who will check the steel before concrete is poured.
- Relying on a single person’s word. Ask who signs the supervision and completion certificates, and at which stage.
Frequently asked questions
Do I need an architect to build a house?
It depends on your local body. The model bye-law says an architect signs the plans, and an engineer may sign for a plot of up to 500 sq m. Ask your local body which professional it requires for your plot.
Is a structural engineer the same as a civil engineer?
BMTPC describes a structural engineer as a civil engineer who does the structural design. The title is a role. The model bye-law also lists a structural engineer as a separate category, with its own qualification and experience.
Who designs the structure of a house?
The model bye-law says the structure is designed by a structural engineer on record, and BMTPC says the owner should select one to certify the structural adequacy. Ask your local body which structural engineer is needed.
Can a contractor build a house without an architect?
The contractor builds to drawings. Who prepares and signs the drawings for approval depends on your local bye-law and on the size of the plot.
How do I check the professional’s registration?
Ask for the registration number and check it with the body that issues it. For an architect that is the Council of Architecture. Ask your local body whether it accepts the professional’s registration for your plot.
Related guides
- Building plan approval process and documents
- Stages of house construction checklist
- Completion certificate vs occupancy certificate
This guide is general information. Read the disclaimer. Your local body, your architect or engineer and your contract decide the roles for your house.
Sources
- MoHUA (earlier TCPO), Model Building Bye-Laws 2016: clauses 2.11.1, 2.15.1, 2.16(v), 6.1 and 6.1.6; Appendix E (qualification and competence of technical personnel). A model that states and local bodies adopt.
- The Architects Act, 1972, section 2(a) and section 37(1) (title reservation).
- Supreme Court of India, Council of Architecture v. Mukesh Goyal and others, judgment of 17 March 2020 (a case about the use of the title 'architect' for government posts; section 37 of the Act, paragraph 39).
- BMTPC, Aam Aadmi Series 2, House Building Digest: 'Roles of Different Players' (undated).
General information only. It is not a structural design or professional advice. Ask a licensed structural engineer or architect to check your plans and site.