The recommendation of 26 June 2020 concerning the practice of the profession of real estate manager by architects

Approved by the National Council in session on 26 June 2020

Section 1: The architect and the profession of real estate agent

Article 1. The architect that practises as a natural person and is entered to one of the rolls of the Order of Architects may practise as a real estate agent. He may act as estate management agent, estate brokerage agent and estate letting agent.

Article 2. The architect that practises the profession of real estate agent shall do so with competence and with honour, integrity and sincerity.

Article 3§1. The architect that practises as a real estate agent and is registered with the Order of Architects and the BIV, is subject solely to the oversight of the BIV when practising the profession of real estate agent.

§2. The architect that practises as a real estate agent and is registered with the Order of Architects only is subject solely to the oversight of the Order of Architects.

§3. The architect that practises the profession of real estate agent and is suspended or deleted from the register of architect real estate agents by the Order of Architects for professional misconduct in the capacity of real estate agent may not for the duration of the sanction practise the profession of real estate agent on the grounds of registration with the BIV. The Executive Chamber of the BIV will be notified of the definitive disciplinary sanctions issued in respect of architects in the context of their real estate agent activities.

§4. The architect that practises the profession of real estate agent and is suspended or deleted by the BIV for professional misconduct in the capacity of real estate agent may not for the duration of the sanction practise the profession of real estate agent on the grounds of registration with the Order of Architects. The competent council of the Order will be notified of the definitive disciplinary sanctions imposed upon him in the context of his real estate agent activities.

Article 4§1. The architect that wishes to practise the profession of real estate agent must notify the competent council of the Order in writing beforehand.

§2. The architect that is registered only with the Order of Architects and wishes to practise as an in-company real estate agent must put the articles of association to the Order for approval beforehand.

Article 5. The architect that practises as a real estate agent must take out insurance to cover his professional indemnity and bond.

The insurance policy must satisfy the minimum conditions in respect of civil liability, professional indemnity and bond, taking into account articles 5 and 33 of the BIV’s code of professional ethics.

Article 6. The architect that practises as a real estate agent must satisfy the compulsory permanent professional training requirements of the BIV, independently of his permanent architectural training.

Article 7. The architect that practises as a real estate agent may not accept, pursue or continue any commission that calls into question his professional independence. He must steer clear of a conflict of interests. In such cases he will notify the client of any moral, familial or legal ties he has with any of the client's co-contractors. He will also give potential clients a clear indication of the capacities in which he may operate.

Section 2: The architect in the capacity of estate brokerage agent

Article 8. The estate brokerage agent provides paid qualifying assistance for third parties with a view to arriving at a contract of sale, purchase, exchange, lease or transfer of properties, real rights or assets.

Article 9. The architect that practises as an estate brokerage agent must open a client account. This account is used to receive or transfer the funds or sums of money that he is required to keep or manage in the context of his work. The interest due on these client accounts is payable to the eventual recipient unless otherwise agreed, or ordered by the court.

The client account must satisfy the ethical rule governing the third-party account as envisaged by the BIV's code of professional ethics.

Section 3: The architect in the capacity of estate management agent

Article 10. The estate management agent manages and maintains shared areas of buildings or groups of buildings held in co-ownership, in the sense of articles 577-2 and following of the Civil Code.

Article 11. The architect that practises as an estate management agent must, in respect of every association of co-owners whose estate he manages, operate a separate bank account for which he is solely responsible.

Section 4: The architect in the capacity of estate letting agent

Article 12. The estate letting agent takes payment from third parties for activities related to the management of properties or real rights other than property management activities.

Article 13. The architect that practises as an estate letting agent must open a client account. This account is used to receive or transfer the funds or sums of money that he is required to keep or manage in the context of his work. The interest due on these client accounts is payable to the eventual recipient unless otherwise agreed, or ordered by the court.

The client account must satisfy the ethical rule governing the third-party account as envisaged by the BIV's code of professional ethics.