Legal
Why is law important within architecture?
To ensure architects maximise protection over their works, consideration should be given to the following recommendations:
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A written agreement between the architect and the client must at all times be entered into which clearly outlines each party's obligations.
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The agreement should contain express terms that deal with copyright and moral rights of the works to overcome issues relating to implied licences.
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The agreement should also state that no licence is granted or implied under the agreement, and that any licence granted by the architect may be revoked in circumstances where the client has refused to pay or, in the event that there is a change in the client's ownership or legal interest in the site.
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Changes to the original agreement that arise after the parties have entered into the agreement should always be properly documented as a variation to the agreement so as to minimise the risk of later disputes.
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If an infringement of an architect's copyright or moral right has occurred, the architect must act expeditiously to protect their rights
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Legal Aspects of Architecture and the Construction Process:
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The title of the plot should be clear
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Both, the purchaser and the seller should get the property valued by a competent ‘approved’ valuer to minimize risk of acquisition by the government.
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The plot should preferably be freehold or should be taken on a long ‘lease’ (contract to use land for a specific purpose and for a particular period in consideration of rent). Lease conditions relating to the legal aspects of architecture need a good study.
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It should be made sure that no other party has a right to pass through the property. The adjoining property owners may be having an ‘easement’ (right of usage of certain benefits arising from the concerned property) or any other rights like ‘Ancient lights law’.
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If the prospective fan agricultural one must first enquire whether it can be easily converted into land for non-agricultural (NA) use. Every sale deed has to be registered with the Registrar of the district and payment of registration charges and stamp duty, based on a certain percentage of the sale amount, made
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The boundaries of the plot should be clearly marked and verified by the city survey or district land records office
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If only a portion of a plot is to be purchased, enquiries should be made as to whether sub-division of the plot is legal, and, if allowable, whether permission for sub-division is required from any public body.
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It is advisable to give a notice in the newspaper through a lawyer, announcing the purchase of a particular property; the name of the purchaser need not be mentioned. This is to prevent any claims on the property in future