ARB Publishes *New* Guidance Notes: What Architects Need to Know

As of November 2025, new guidance notes by the ARB have been formally published and are available for use by ARB members.

These new resources, covering Managing Conflicts of Interest, Managing Finances Appropriately, and Raising Concerns & Whistleblowing, clarify ARB expectations without introducing rigid rules. Architects can deviate from the guidance if justified, but must be prepared to explain their reasoning.

Developed through extensive consultation, the guidance aims to bridge the gap between the Code and real-world practice, offering practical examples of ethical decision-making, risk management and professional judgement.

Let’s break down what each guidance note covers.

1. Managing Conflicts of Interest

Conflicts of interest are an inevitable part of architectural practice. The ARB defines a conflict as any situation where an architect’s ability to act impartially is, or could be, impaired by personal, financial, or relational interests, including those of close associates like family members or business partners.

Why Conflicts Matter

Architects regularly work within complex procurement routes such as design and build, where overlapping roles can easily create blurred boundaries. The new guidance emphasises:

• Transparency

• Early identification

• Written declarations

• Informed consent

Key Requirements

• Conflicts must be declared in writing at engagement and updated if they arise during the project.

• Disclosure alone isn’t enough, architects must obtain informed consent from all relevant parties before continuing to act.

• Certain conflicted roles must be avoided. For example:

  • If appointed by a design and build contractor, the architect should not certify the contractor’s own work.

  • Duties like certifying payments or practical completion should instead be undertaken by an independent Employer’s Agent.

Documenting Decisions

ARB stresses the need for robust documentation, including:

• Registers of interests

• Written declarations

• Minutes of meetings

This is especially important for governance roles, such as serving on design review panels or practice boards.

Common Examples of Conflicts

• A family member owning a subcontractor bidding on the project

• Directors holding shares in firms providing services to the practice

• Architects on procurement panels who have personal ties to bidders

Failing to declare or properly manage conflicts may breach the ARB Code, eroding client trust and public confidence.

2. Managing Finances Appropriately

Financial management is more than good bookkeeping, it’s a core professional responsibility. While architects can depart from the guidance when justified, ARB expects clear reasoning for doing so.

Segregation of Client Money

One of the strongest points in the guidance is the requirement that client funds must be held in separate client accounts, not mixed with practice or personal funds. This protects clients in the event of:

• Cash-flow difficulties

• Insolvency

• Disputes or regulatory scrutiny

Regular reconciliation and clear documentation are essential.

Where architects hold client money, they must ensure compliance with:

• Financial regulation

• Tax obligations

• Anti-money-laundering rules

In some cases, handling client funds may fall under regulated financial activity, requiring compliance with FCA frameworks.

Financial Instability & Insolvency

The ARB recognises that financial difficulty alone isn’t misconduct. What matters is behaviour. Architects must:

• Monitor financial health

• Seek timely professional advice

• Meet obligations to HMRC, clients, creditors, and statutory bodies

Warning signs include:

• Persistent unpaid fees

• Declining work pipeline

• Escalating debts

• Difficulty paying tax

If a practice enters liquidation or administration:

• Directors must notify ARB within 28 days

• Clients must be informed

• Legal duties must be upheld

Continuing to trade while insolvent or failing to minimise creditor losses could amount to wrongful trading, with potential personal liability.

Directors’ Duties

Architects who are directors or partners must:

• Act in the company’s best interests

• Prioritise creditors when insolvency looms

• Avoid conflicts

• Keep accurate accounts and statutory returns

• Ensure tax, employment, and regulatory compliance

The guidance encourages firms to adopt clear internal policies on invoicing, credit control, payment approval and financial risk monitoring.

Key Takeaways

• Client funds must remain separate

• Records must be accurate and transparent

• Directors must act prudently and seek advice early

• Strong internal controls support long-term stability

3. Raising Concerns & Whistleblowing

The third guidance note focuses on architects’ duty to act in the public interest, especially where safety, legality, or ethical behaviour are at risk.

What Should Be Reported?

Architects may need to raise concerns about:

• Professional misconduct

• Unsafe building design or site practices

• Environmental risks

• Harassment, discrimination, or bullying

• Dishonesty, bribery, or fraud

• Unlawful behaviour affecting safety or integrity

Issues may fall under formal whistleblowing law, so legal advice may be appropriate.

How to Raise Concerns

Architects should:

1. Use internal routes first (HR, whistleblowing policies), unless unsafe or ineffective.

2. Escalate serious or unresolved matters to:

   • ARB Professional Standards Team

   • Health and Safety Executive

   • Building control authorities

Mandatory Reporting

Architects must inform ARB if they become subject to:

• Criminal convictions (beyond minor driving offences)

• Bankruptcy or insolvency procedures

• Director disqualification

• Disciplinary action by another professional regulator

Legal Protection

Legislation such as:

• Public Interest Disclosure Act 1998

• Workers Protection Act 2023

protects whistleblowers from retaliation, including those reporting sexual harassment.

Record-Keeping

Clear documentation, includingobservations, decisions, correspondence, protect both the architect and the public.

The guidance emphasises the importance of firms fostering cultures where speaking up is safe, supported, and taken seriously.

Bringing the Three Guidance Notes Together

These guidance areas are interconnected. For example:

• A conflict of interest may directly impact ethical financial decisions.

• A financial issue might trigger a whistleblowing concern.

• Governance failures may span all three areas.

Together, the documents help architects navigate ethical, financial, and professional challenges with transparency, competence, and accountability. They clarify expectations under the new ARB Code, while still allowing for professional judgement where justified.

Looking Ahead

Additional ARB guidance is still pending publication, including:

• Building Safety

• Equality, Diversity & Inclusion

• Leadership

• Mentoring

• Sustainability

  
  

For further detail, visit the ARB website to view the full documents.