COMPLEMENTARY SIGNATURES

"An architect who has not participated in the conception of a project can’t sign it, nor claim any remuneration in this respect, and the signature of convenience is prohibited". Article 5 of the Code of Professional Duties architects

Signature of complacency, what consequences for the architect ?

In addition to disciplinary sanctions, prohibition of carrying the title and practicing the profession from three months to three years, or even being struck from the Order’s table, the architect who commits a signature of convenience is liable to penalties for false and / or use of forgery. It is also the risk taken by its customer and by the builder or prime contractor, accomplices of the offense.

Signature of complacency, what consequences for the petitioner ?

  • During construction permit application: refusal
  • Building permit granted: risk of disability or withdrawal ... and demolition
  • Risk of criminal prosecution
  • Risk of non-declaration to the insurer by the architect and exclusion of warranty.

INTELLECTUAL PROPERTY

Moral right of the architect

The architect has, as an author, the right of respect for his name and the quality of his work. This right is attached to his person. It is perpetual, inalienable and imprescriptible. On the death of the author, it is transmitted to his heirs.
The architect has the following rights:
To inscribe his name on his work, whether it is study work, design or the building itself, and to insist that his name be maintained there.
To have his / her name and quality indicated during the publication of plans or photos of the building
To ensure compliance with its signature
To oppose the modification of his work in case of distortion.
The architect has all his lifetime exclusive right to exploit his work in any form whatsoever and to derive a pecuniary profit from it.

Law of the Client

Excepted if it is a special contract, the client is entitled to produce the project, subject to the contract without competition from the architect, in a single copy and not to distort the work.
When the client continues to carry out the operation, which is the subject of the contract, without the assistance of the architect, the author of the work, he respects the latter’s moral right. In this case, he gives the author the means to ensure the respect of his work.

Deontology