Why an architect

Architect, design-and-build firm or project manager: making an informed choice.

Each has its place. The turnkey design-and-build firm simplifies; the project manager executes; the architect designs, compares and checks on your behalf. Here is what sets them apart, with the legal texts to support it.

Three models, three rationales

The turnkey design-and-build fit-out company, or general contractor, sells an outcome at a lump-sum price: it designs and builds, with its own teams or its subcontractors. Its strength: one contract, one point of contact, one fixed price. Its business model: it earns its living from the works, and often from the furniture it supplies. It is a legitimate model, effective for simple briefs and short timescales.

The non-architect project manager (maître d'œuvre) designs and supervises works without holding the title of architect. The ministry has not made design and site supervision (maîtrise d'œuvre) a regulated profession; such project managers work mainly on projects exempt from the requirement to use an architect (small-scale constructions within the meaning of the 1977 Act, works that need no permit) or on construction-phase supervision (maîtrise d'œuvre d'exécution) (ministerial answer published in the Journal officiel, National Assembly edition, of 6 May 2014). Like any builder (constructeur), they must hold ten-year liability insurance (décennale) (Insurance Code, art. L241-1).

The architect appointed directly by the client is paid by that client, puts contractors in competition, assesses their bids and checks their work. The title is protected, and practice is governed by the Architecture Act of 3 January 1977 and by a code of ethics.

The comparison

CriterionArchitect, directly appointedGeneral contractor or design-and-build fit-out companyNon-architect project manager
Who pays the designerYou, through fees set in a written contract signed before the engagement begins.Architects' code of ethics, art. 11 and 46The contractor, within the overall price. If a building permit is needed, the architect who prepares it is generally appointed by the contractor.You, through fees.
Competitive tendering of contractorsTender trade package by trade package and objective analysis of bids.Architects' code of ethics, art. 3One overall price; the firms that carry out the work are chosen by the contract holder.Possible, depending on the scope of the appointment.
Price commitmentEach contractor is bound by its own contract; the architect must warn you if the budget is clearly insufficient.Architects' code of ethics, art. 36Yes, a fixed price: to be read together with its exclusions and revision conditions.Each contractor is bound by its own contract.
Points of contactOne designer who coordinates several contractors.A single contract, a single point of contact: this is its main strength.One designer who coordinates several contractors.
Building permit applied for by a commercial companyYes. Using an architect is in principle compulsory, except for exclusively interior works or alterations with no change visible from outside.Architecture Act of 3 January 1977, art. 3 and 4Through an architect it appoints.No, except in the cases provided for by law.
Title, oversight, insuranceProtected title, registration with the French Order of Architects (Ordre des architectes), code of ethics, compulsory insurance certified every year.1977 Act, art. 9, 16 and 40Compulsory ten-year liability insurance (décennale), as for any construction professional.Insurance Code, art. L241-1No protected title; compulsory ten-year liability insurance.Insurance Code, art. L241-1; ministerial answer, JO AN of 6 May 2014
Interest in the works or the furnitureInterests declared to the Order and to the client; no benefit without the client's knowledge.1977 Act, art. 18; code of ethics, art. 8The contractor earns its living from the works and often from the furniture it supplies: that is its trade, and something to be aware of.Depends on the firm: ask.

What the law requires of the architect

  • A protected title: only people registered on a regional roll of the French Order of Architects (Ordre des architectes) may use the title of architect (1977 Act, art. 9); unlawful use of the title carries criminal penalties (art. 40).
  • Proof of insurance every year, attached to the contract (art. 16).
  • Declared interests: links with people who profit from the construction must be declared to the Order and to the client before any commitment (art. 18).
  • A prior written contract defining the services and the fee (architects' code of ethics, art. 11).
  • Objectivity in assessing contractors' bids (art. 3), a ban on obtaining benefits without the client's knowledge (art. 8) and on being both judge and party (art. 9).
  • Budget warning: inform the client if the budget is clearly insufficient; no expenditure without approval (art. 36).
When an architect is mandatory

Anyone applying for a building permit must use an architect to prepare the architectural design (1977 Act, art. 3). The exemptions for small-scale construction apply to private individuals and to certain farms and agricultural cooperatives building for their own use; a commercial company cannot rely on them. Nor is an architect required for works subject to a permit that concern exclusively the fitting-out and equipment of interior spaces or shopfronts, or that are limited to alterations with no visible change to the exterior (art. 4). A prior declaration (déclaration préalable) never requires an architect.

Five questions to ask any provider

  1. Who pays you, and for what exactly?
  2. Who chooses the contractors, on what criteria, and will I be able to compare the bids trade package by trade package?
  3. What does the quoted price cover, what does it exclude, and how are additional works handled?
  4. Who signs the building permit or the works authorisation (autorisation de travaux), and who bears responsibility for it?
  5. What insurance, for which activities, and with what certificate?

Combining rather than opposing

Have you already chosen a turnkey design-and-build fit-out company? An architect can work alongside you in an advisory role: writing the brief and the specification, analysing the offer and its exclusions, checking the drawings and the authorisations, following the works on site and the handover. You keep the simplicity of a single contract, with an independent eye on it.

Frequently asked questions

Can a fit-out company use the title of architect?

Only people registered on a regional roll of the Order may use the title of architect, and only registered firms may call themselves an “architecture firm” (société d'architecture). A fit-out company may employ or engage architects; those architects must then inform their clients of the capacity in which they are acting.

Act no. 77-2 of 3 January 1977, articles 9 and 14.

Is turnkey cheaper?

Not necessarily, nor necessarily more expensive. A lump sum secures an amount but does not let you see the margin or compare trade packages; tendering package by package makes the differences visible but requires more coordination. The comparison has to be made on an identical brief, exclusions included.

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