Starting a Practice
Set Your Practice Up on Solid Ground
The legal foundations for setting up an architecture practice in Australia, starting with the agreement behind every commission
Setting up on your own means the terms are now yours to get right. The agreement you use with clients decides whether you are paid on time, how far your liability runs, and whether you keep control of your designs.
Christopher Larcos advises architects starting out, from a rare vantage point: he has run architectural projects as a registered architect and advises on the law as a solicitor. That means practical help getting the foundations in place, framed in the language of your practice rather than abstract legal theory.
The aim is a sound base you can build on, so that as commissions grow, consultants come on board and projects become more complex, the essentials are already sorted.
What setting up on solid ground involves
Your first Client Architect Agreement
The agreement that governs every commission, put in place before your first project rather than pieced together after it.
Terms that fit the work you do
Tailoring the standard form to the projects you actually take on and the cover you hold, so you are not relying on a generic document.
Scope, fees and getting paid
Clear fee stages, invoicing terms and a right to suspend for non-payment, so a new practice is not left financing a client who has stopped paying.
A base you can grow on
Setting up so that subconsultant agreements, novation and copyright fall into place as the practice scales, rather than being retrofitted under pressure.
Common questions
What legal foundations does a new architecture practice need?
Alongside registration and insurance, the document that matters most is the agreement you use with your clients. It fixes your scope, protects your fees, sets how far your liability runs, and keeps control of your designs. Getting that agreement right from the first commission is the single most useful legal step a new practice can take, because it governs every engagement that follows.
Do I need a written client agreement from day one?
Yes. In every Australian state and territory, the codes that govern registered architects require a written agreement with the client before architectural services are provided. Beyond the professional requirement, it is the written agreement that lets you get paid, limit your exposure and hold your copyright, so it is worth having in place before you take on your first project rather than after.
Can I start from the Institute's standard agreement, or should I tailor it?
The Australian Institute of Architects CAA2024 is a sound starting point, and for many engagements it is enough. Whether it suits your practice depends on the work you take on and the cover you hold. A short review confirms the standard form is appropriate or identifies the few changes worth making, so you are not relying on a generic document for a practice that is anything but.
What should I get right as the practice grows?
As you take on larger projects you begin engaging other consultants, dealing with novation on design and construct work, and protecting the reuse of your designs. Putting consistent subconsultant agreements and a clear copyright position in place early saves untangling them later. The same adviser who set up your client agreement can keep these aligned as the practice scales.
Keep reading
Agreements for a Solo Practice
The Client Architect Agreement essentials for a sole practitioner, in detail.
ContinueLawyer for Architects
Legal advice across the life of your practice, from a solicitor who is also an architect.
ContinueSubconsultant Agreements
The back-to-back agreements you will need as you begin engaging other consultants.
ContinueCredentials
- Dual-qualified solicitor and registered architect
- Fellow of the Australian Institute of Architects (FRAIA)
- 40+ years in the construction industry
- Advises sole practitioners and growing practices