Namibia Institute of Architects Fees

1.Definitions

In this Schedule, unless the context otherwise indicates, an expression or word defined in the Architects’ and Quantity Surveyors’ Act, 1979 (Act No. 13 of 1979), has that meaning, and-

“addition” means the enlargement of the architectural are of an existing building by way of additional building work thereto;

“administer” means the services provided by an architect in terms of a contract for the erection of a building;

”alteration” means any change of an architectural, structural, mechanical or electrical nature made to an existing building and includes any portion of an existing building altered as a result of an addition to such building;

“architectural area” means the sum of the areas of the several floors of a building including basement, mezzanine and intermediate floored tiers and penthouses of headroom height, measured from the exterior faces of the exterior walls;

“as built drawings” means the working drawing, amended as necessary on completion of the project, which show the works as actually built;

“building scheme” means a design proposal for the erection of a building or group of buildings, including all ancillary services, site works and other appurtenances;

“client” means any person, body corporate, institution or organisation or any public utility, corporation or public utility company established by or under a special Act of Parliament, or any

state, regional or similar authority engaging an architect to perform any of the services referred to in this Schedule;

“consultant” means any person engaged by agreement between the client and the architect to provide specialised advice on any aspect of a project and includes inter alia a registered quantity surveyor, a professional engineer, a registered town and regional planner or a landscape architect;

“cost of the works” means the final cost of all the work executed, including the cost of electrical, mechanical and other specialist services and site work forming an integral part of the project and in respect of which the architect renders co-ordinating services contemplated in paragraph 2(2) and shall include –

(a)the actual or estimated cost of any materials, labour or carriage donated or supplied at reduced cost including General Sales Tax;

(b)the actual or estimated cost of any work excluded from the contract and in respect of which the architect has renderedservices contemplated in paragraph 3;

(c)any penalties which may have been deducted in terms of a building contract from the payments to the contractor;

but excluding

(i)the fees and disbursements of the architect, quantity surveyor, engineer or other consultants;

(ii)the remuneration of the site staff of the client except where the client is the builder; and

(iii) General Sales Tax on subparagraph (i) and (ii);

“inspection” means such periodic visits to or in connection with the works by the architect as are necessary to determine that the work is proceeding generally in accordance with the requirements of the contract between the client and the contractor, to provide on-site clarification and further information as may be required during the progress of the work, and includes such periodic visits by the architect together with any consultants, aimed at inspecting samples of materials and workmanship and scrutinising the contractors’ and any subcontractors’ shop drawings for conformity with the documentation prepared by the architect and consultants;

“private practice” means the practice of a person who performs the work of a registered architect for a fee other than a salary and for that purpose holds out as a registered architect and places the services rendered at the disposal of the public, for reward;

“project” means a building scheme or commission for the carrying out of all or part of the work for which an architect is commissioned;

“shop drawings” means drawings prepared by a contractor, sub-contractor or other person for the purposes of co- ordinating and executing construction work;

”specifications” means written descriptions, schedules or requirements relating to materials, workmanship and equipment, manufacture, methods of installation, design and performance criteria;

“working drawings” means graphic representations, including plans, sections, elevations, site plans,

construction details, service co- ordination information, schedules and such other details and representations as are within the reasonable competence of a registered architect, which are sufficient to indicate the scope of the works for the purposes of the execution of the project;

“works” means a building scheme in the course of construction or as executed.

Remuneration

2.(1) The architect shall be remunerated for the standard services at a fee calculated as a percentage of the cost of the works but where the work is of such a nature that percentage fees are not applicable, the fee shall be calculated on a time basis in accordance with the rates set out in Annexure 2.

(2)Standard services shall include the co-ordination of the work of consultants such as quantity surveyors, civil, structural, electrical, heating, ventilating and plumbing engineers or other consultants’ services.

(3)In simple installations, where the level of complexity and difficulty of the work normally executed by the consultants is within the capabilities of an architect, some or all the services referred to in subparagraph (2) may be included in standard services.

(4)Where the architect is required to provide supplementary services as described in paragraph 4, these services shall be remunerated on a time basis in accordance with the rates set out in Annexure 2.

(5)Any fees or remuneration calculated or specified in terms of this notice are exclusive of statutory taxes.

Standard Services

3. Standard services for which the architect is responsible, are set out below in a manner indicating a common sequence or activities, set out in stages, but activities may be grouped differently by agreement with the client.

Appraisal and definition of the project

(1) Stage 1 deals with the appraisal and definition of the project and during this stage the architect shall

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(a)fully inform the client of the services to be rendered by the architect and ensure that the client understands the terminology used;

(b)ensure that the client is aware of costs in relation to space requirements and the scope of fees applicable for the services required;

(c)explain to the client the mechanisms that come into play when the scope of the work is substantially altered and the effect it will have on fees;

(d)receive, appraise and report on the client’s requirements with particular regard to site information, planning and statutory requirements;

(e)advise the client on the need if any, for the appointment of consultants and procedures to meet the requirements of the client including. methods of contracting;

(f)ensure that the report referred to in subparagraph (d), is in writing;

(g)pay special attention (in writing) to methods of contracting; and

(h)preferably sign the Client/Architect Agreement together with the client.

Design Concept

(2) Stage 2 deals with the Design Concept of the project and during this stage the architect shall –

(a)after being advised by any consultants appointed, prepare a design showing space provisions,planning relationships, standards of materials intended to be used and standards and suitability of services in sufficient detail to enable the design to be approved by the client;

(b)advise the client on the feasibility of the project as designed, estimated costs, budget, time schedule and statutory requirements; and

(c)provide the client with –

(i)a locality plan;

(ii)a site plan;

(iii)floor plan(s);

(iv)sections and elevations to illustrate the design;

(v)preliminary schedule of proposed materials and if possible, samples of same;

(vi)a feasibility report;

(vii)a preliminary estimated cost report;

(viii)a schedule of budget requirements in terms of time and cost; and

(ix)a schedule of statutory requirements.

Design Development of the project

(3) Stage 3 deals with the design development of the project and during this stage the shall –

(a)after approval of the design, develop it sufficiently to co- ordinate the work and services of consultants and specialists appointed, if any;

(b)provide other consultants and specialists if any, with preliminary working drawings and details;

(c)ensure that there are consecutively numbered drawings and provisional schedules of construction details;

(d)develop provisional schedules for doors, windows, furniture and fittings, sanitary fittings and finishes;

(e)discuss the design with the statutory authorities concerned;

(f)review the budget and time schedule; and

(g)inform the client in writing of the effect of the reviewed budget and time schedule.

Approvals and Technical documentation

(4) Stage 4 deals with approvals and technical documentation and during this stage the architect shall –

(a)prepare drawings and documentation for submission to local or statutory authorities for approval;

(b)prepare working drawings, specifications and other technical documents necessary for the execution of the project;

(c)ensure that the minimum requirements for working drawings are met; and

(d)correlate the work of any consultants in the preparation of their documentation.

Contract administration and inspection

(5) Stage 5 deals with contract administration and inspection and during this stage the architect shall –

(a)call for tenders and/or negotiate the building contract where required;

(b)advise the client regarding the award of the building contract and the compiling and completion of contract documents;

(c)assist the client in completing these documents and ensure that the client is informed of the essence of the signed contract in terms of the client’s obligations and rights;

(e)scrutinise the contractor’s and sub-contractor’s shop drawings and subcontractors’ contracts; and

(f)provide the client with “as built” drawings and the relevant technical data from suppliers when the building is completed

Supplementary Services

4. The following services are not normally included in the standard services described in paragraph 3 and require special additional work. Where these services are required by the client, they will be subject to additional fees to be mutually agreed upon.

Special studies

(1) The following special studies are normally classified as supplementary services:

(a)The preparation of the client’s brief and/or the draughting thereof.

(b)site selection, survey and

location.

(c)technical and special environmental feasibility

(d)energy conservation.

(e)economic feasibility.

(f)market surveys.

(g)traffic studies.

(h)operational, plant and production layout.

(i)research studies.

(2) The following special designs are normally classified as supplementary services:

(a)Town planning design.

(b)Master site planning of future buildings related to a current project.

(c)Landscape design.

(d)Promotional material.

(e)Art work and graphics.

(f)Purpose-made items.

(g)In relation to interiors, the design and/or selection, documentationand procurement of furniture and furnishings and any special finishes or fixtures related thereto.

(h)Plant procurement, design, specifications and/or co- ordination of the installation of machinery or equipment related to the use of the building such as required for production, manufacturing, treatment or processing.

Existing premises

(3) In relation to existing premises, the following are normally classified as supplementary services:

(a)Surveys, inspections and reports.

(b)Renovations.

(c)Demolitions.

(4) The following special administrative or legal services are normally classified as supplementary services:

(a)Rezoning or change of use or amendments of town planning schemes.

(b)Special negotiations.

(c)Cost checking of “cost plus” or “managed” contracts if no quantity surveyor has been appointed.

(d)Constant and detailed inspection of the works if required by the client.

(e)Extra work caused at any stage that is not attributable to the architect.

(f)Changes or delays in the client’s instructions or any other cause not attributable to the architect and not covered by any other additional fees.

(g)In relation to sectional titles, the preparation of documentation or other work additional to the requirements of the Sectional Titles Act, 1971 (Act No. 66 of 1971), for which fees are not prescribed in the said Act.

(h)Quality control and quality assurance.

(i)Professional services in connection with work arising

(5)The provision of a maintenance and operating manual if requested by the client or if deemed essential by the architect for the maintenance or operation of the works, is normally classified as a supplementary service.

(6)If supplementary or revised documentation is required due to the exigencies of the project or revised requirements received from the client and arising subsequent to the architect having received the client’s instructions to proceed with the project and having commenced work, the compilation is not covered by any other additional fees.

(7)Special project management activities are normally classified as supplementary services.

(8)Additional services as principal

agent are normally classified as supplementary services.

(9)Mutually agreed additional services are normally classified as supplementary services.

Fees for Standard Services

5.(1) Subject to paragraph 6 the percentage fees for standard services are calculated in accordance with column A, B or C of the table in Annexure 1.

(2)For the purposes of Annexure 1

(a)“simple buildings” means structures of simple utilitarian character not of complex

design or detail and which require a minimum of mechanical and electrical equipment, for example – aircraft hangars;

barracks; industrial buildings; sheds;

storage places (ordinary); and warehouses;

(b)“complex buildings” means structures of exceptional complexity of design or which require comparatively large quantities of scientific, mechanical and electrical equipment and other facilities requiring specialised detail, design and co-ordination, for example –

airport control towers; aquariums;

auditoriums, opera houses, concert halls and theatres;

city or town halls; civic centres;

colleges or university buildings with special facilities such as medical schools and laboratories;

communications, radio and television buildings;

computer buildings; conservatories;

embassy and consulate buildings;

funeral parlours; hospitals and polyclinics;

hotels, bars and restaurants; houses (individual);

industrial buildings of a complex nature such as abattoirs and breweries; monuments and memorials; mortuaries;

nuclear power stations; observatories;

places of worship; and

research and scientific buildings and laboratories.

Additions and alterations to existing buildings;

6. The amount of the fee for additions is calculated in accordance with column A, B or C of Annexure 1, as the case may be, and the fee for those portions of the works which constitute alterations is calculated in a similar manner but increased by 30 per cent.

Apportionment of fees between stages and basis of payment for work as described in Paragraph 3:

7 (1)

(2)Notwithstanding subparagraph (1), apportionment of fees to stages may be adjusted in negotiations with the client.

(3)Subject to paragraph 8, the remuneration of the architect for the standard services performed in terms of paragraph 3 shall, unless otherwise agreed with the client, become due to the architect at the completion of each stage, apportioned as recommended in subparagraph 7.1.

8.(1) Unless otherwise agreed between the client and the architect, if an architect is appointed to render a partial standard service only, the fee, subject to subparagraph 8.2, shall be the percentage relevant to each work stage based on the cost of the works and calculated in accordance with the table in Annexure 1.

(2) Unless otherwise agreed between the client and the architect, where an architect is appointed to take over work from another person previously commissioned for such work at any stage after stage one has been completed, the fee for the first subsequent stage shall be increased by 15 per cent.

Fees for repeated buildings

9.(1)(a) Where a building scheme erected under a single contract consists of a number of buildings –

(i)erected on one site or on a series of adjoining sites for a single client;

(ii)either wholly separate from each other or linked together with screen walls, common walls or other similar means; and

which are a repetition of one or more prototype designs and built from the repeated use of one or more sets of drawings and related documents with nominal or no modification for re-use, the fee for professional services for work stage 1 to 4 inclusive, as set out in paragraph 3, shall be calculated in accordance with the formula

F(N+2P)

4N

where F is the fee based on the cost of the repeated portion of the building scheme calculated in accordance with paragraph 5, N is the total number of buildings in the building scheme, and P is the number of different sets of drawings and related documents from which they are built.

(b) The fee for work stage 5 shall be 25% of the fee based on the cost of the entire building scheme calculated in accordance with paragraph 5.

(2) Where the drawings and related documents for any building scheme are re-used one or more times for subsequent buildings schemes on different sites and under separate contracts with nominal or no modification for each re-use –

(a)the fee for full professional services for the first building scheme shall be based on the cost of the building scheme calculated in accordance with paragraph 5;

(b)the fee for modifying drawings and related documents as necessary and preparing site and service plans for each subsequent building scheme in which the drawings and related documents are re-used, shall be 15% of the fee based on the cost of each building scheme calculated in accordance with paragraph 5;

(c)the fee for administering the contract and supervising the execution of the works shall be 25% of the fee based on the cost of each building scheme calculated in accordance with paragraph 5; and

(d)where the architect is not required to render any professional services in respect of the re-use of drawings and related documents for any subsequent building scheme, the architect shall be entitled to a royalty of

7.5% of the fee based on the cost of the subsequent building scheme, calculated in accordance with paragraph 5, for the re-use of the drawings and related documents.

(3)(a) The apportionment of fees between work stages 1 to 4 inclusive and the basis for payment for work as described in subparagraphs (1) and (2) are as follows:

subparagraph (1) or (2), as the case may be.

(b). Unless otherwise agreed with the client, where an architect is appointed to take over work from another person previously commissioned for such work at any stage after stage one has been completed, the fee for the first subsequent stage shall be increased by 15%.

(b)Notwithstanding subparagraph (a), the apportionment of fees to the stages may be adjusted in negotiations with the client.

(c)Subject to subparagraph (4), the remuneration of the architect for the standard services rendered in terms of subparagraphs (1) and (2) shall, unless otherwise agreed with the client, become due on submission of a fee invoice at completion of each stage, apportioned as recommended in subparagraph (a).

(4)(a) Unless otherwise agreed with the client, where an architect is appointed to render a partial standard service only, in respect of repeated buildings, the fee, subject to subparagraph (b), shall be the percentage relevant to each work stage, based on the cost of the works and calculated in accordance with

Termination or deferment:

10.(1) Should the whole or any part of the works be terminated or deferred after completion of work stage 4, the architect’s fee shall be calculated in accordance with the appropriate fee scale and its apportionment in accordance with paragraph 7(1) or paragraph 9(3), as the case may be.

10.(2) Should the whole or any part of the works be terminated or deferred at any work stage tip to and including work stage 3, the architect’s fee shall be the sum of –

(a)the fee calculated in accordance with the appropriate fee scale and its apportionment in accordance with paragraph 7(1) or paragraph 9(3), as the case may be; and

(b)a surcharge equal to such losses and expenses as may have been caused by such termination or deferment as can be substantiated by the architect but excluding future profits, where the termination or deferment is due to causes not attributable to the architect.

(3) Should the works be reinstated or resumed without significant change within a period of one year from the date of termination or deferment, the fee

paid in accordance with subparagraph

(1) or (2), excluding any surcharge, shall be considered to be partial payment of the fee calculated on the cost of the works.

(4)Should works be reinstated or resumed without significant change after a period of one year and within a period of three years from the date of termination or deferment, no fee shall be charged for fluctuations in building cost during the period of termination or deferment in respect of completed work stages, and the balance of the fee due shall be calculated on the cost of the works.

(5)Should the works be reinstated after a period of three years, the project shall be considered to be a new commission-

(6)Should additional services by the architect be required in connection with the resumption of the deferred works, the architect shall charge for such additional services on a time basis determined in accordance with Annexure 2.

(7)The works, or any part thereof, shall be considered as having been terminated –

(a)where the project is terminated on the client’s instructions or the architect is instructed by the client to stop work indefinitely at any time;

(b)if deferred or delayed for a period of longer than one year; or

(c)if instructions necessary for the architect to continue work are not received from the client within six months after such instructions are requested.

(8) For the purposes of this paragraph, the cost of the works shall be the mutually agreed estimate of the

cost of the relevant part of the works. Such estimated value shall exclude any allowances in respect of contingencies, contract price adjustments, plant and equipment.

Termination of engagement

11.(1) In the event of the agreement between the client and the architect being terminated by either party for reasons riot attributable to the architect, the client shall pay the architect for that portion of the work which has been executed, in accordance with paragraph 10.

(2) If the project is terminated or abandoned for any reason, the cost of the works on which the fee is calculated shall not exceed any cost limit, which the architect may have agreed with the client.

Damage to or destruction of works:

12.(1) If the works or any part thereof is damaged or destroyed by operations of war, fire, storm, flood or other causes at any time before completion of the works, and the works are reinstated, the client shall pay the architect an additional fee to be determined in accordance with the nature and scope of the professional services rendered, for example –

(a)if the damage is of a nature requiring the rebuilding of the project, the fee shall be determined on a quantum meruit basis only in so far as new documentation may be required, and full fees shall be charged for the additional inspection and administration;

(b)in complex cases where the additional work cannot be readily

defined, the architect shall be

remunerated on a time basis in accordance with Annexure 2.

Escalation:

13.(1) Where all the professional services defined up to stage 4 have been completed prior to the commencement of the works, the architect shall be paid a fee equal to 75 per cent of the standard services fee calculated on the amount of the accepted tender, excluding any contingency sum or any provisional amounts which may have been allowed in the tender for escalation, or, if the building contract is awarded by negotiation, the negotiated price, or, if no tender is accepted, the estimated cost of the project at current market prices as determined by a quantity surveyor, or, in the event of no quantity surveyor having been appointed, the estimated cost as determined by the architect.

(2) The fee so calculated shall not be subject to subsequent adjustment as a consequence of inflation or deflation, but additional work or changes in the original documentation shall be charged for at the relevant percentage fee based on costs prevailing at the time when the work is done or changes are made, or based on a time basis, whichever is applicable in the circumstances.

due for additional work in terms of subparagraph (2), if applicable.

(4) In the event of all the professional services defined up to stage 4 not having been completed prior to the commencement of the works, a percentage completion status shall be agreed upon between the client and the architect, and fees on the balance of the professional services shall be based on the final cost of the works.

Time Charges

14.(1) The tariff of fees on a time basis in respect of hourly rates shall be in accordance with Annexure 2.

(2)Where the distance between the works and the architect’s place of practice exceeds 25 kilometres, fees in respect of travelling time shall be charged at the hourly rates set out in Annexure 2.

(3)Where an architect acts as arbitrator, mediator or expert witness, the fee shall be at the rates recommended by the Association of Arbitrators.

(4)Where by agreement with the client, work is to be charged for on a time basis and when a CAD facility is used in the execution of such work, an architect shall be entitled to charge

services defined up to stage 4 have been completed prior to the commencement of the works, the architect shall on completion of the works be paid a fee equal to 75 per cent of the standard fee, calculated upon the final cost of the works less the value of escalation since commencement of construction, as certified by the quantity surveyor, plus 25 per cent of the standard services fee calculated upon the final value of the works and any fees

with the client.

Disbursements

15.(1) In addition to the fees payable under any other paragraph, the architect shall be reimbursed for all reasonable disbursements actually and properly incurred in connection with the commission except as may be excluded in terms of prior agreement between the architect and the client.

(2) The expenses contemplated in subparagraph (1) may include the following:

(a)Printing, reproduction or purchase costs of all documents and drawings with the exception of those used internally by the architect.

(b)preparation of maps, models, photographs and analogous documentation as agreed with the client;

(c)hotel and travelling expenses, including kilometre allowances for cars and other similar disbursements; or

(d)all payments made on behalf of the client, including fees and other charges for specialised professional services, including legal advice, which have been reasonably incurred by the architect.

Commencement

16.(1) The tariff of fees prescribed in Annexure 1 shall apply to all new projects.

(2) The tariff of fees, prescribed in Annexure 2 shall apply to all new projects and to those stages of a project not commenced with at the date of publication of the said tariff.

Annual adjustment

17. The values of the limits of the cost of the works as indicated in Annexure 1 will at the discretion of Council be adjusted annually on 1 October to the nearest one thousand dollar by applying the percentage increase in the consumer price index for the twelve month period ending 30 June in the year of adjustment as determined by the Central Statistical Services, thereto.

Effective from 6 October 1998.