Client and Architect Agreement Template (Australia)

Updated on 8 August 2026

In Australia the document is usually called a client and architect agreement, and the word architect is not a description anyone may use. Each state and territory has its own Architects Act and registration board, and using the title architect, or offering services to the public as an architect, requires registration with the board in that jurisdiction. Misuse is an offence with significant penalties. So an Australian agreement starts by identifying the registered architect and the board they are registered with, and the client can check the register before signing.

This template is built around what those agreements actually need and what the widely copied free architect contract it replaces leaves out: no copyright or licence clause at all, no termination clause of any kind, no professional indemnity requirement, no GST treatment, and a promise by the architect to ensure the project complies with the law — a warranty no professional indemnity policy will stand behind.

4 of 30 blanks filled

Tap any highlighted blank in the document below and type straight into it.Free — no sign-up, no watermark

Choose your version

Is the client a consumer or a business?Fee basisCopyright position

Client and Architect Agreement

This Agreement is made on between , ABN , of (the Architect) and of (the Client) for architectural services on the project.

Registered architect:
Registration:
Project:
Site:
Governing jurisdiction:

1. The Project

The project is: . The indicative programme is: . Programme dates depend on the Client's decisions and approvals and on the timeframes of consent authorities and third parties, and are not guaranteed dates.

2. Services

The Architect will provide services at the following stages: . The following are excluded and are provided as additional services or by others: . Consultants and who engages them: . Where a consultant is engaged directly by the Client, the Architect is not responsible for that consultant's work but will coordinate with them.

OptionalInclude contract administration during construction

During construction the Architect will make periodic inspections appropriate to the stage of the works to review general conformity with the design, administer the building contract where named as contract administrator, review builder submissions and respond to requests for information.

3. Standard of Care

The Architect will exercise the degree of skill, care and diligence reasonably expected of a registered architect experienced in projects of similar size, scope and complexity. The Architect gives no guarantee, warranty or assurance of any outcome, and nothing in this Agreement imposes an obligation stricter than that standard.

4. Approvals

Where in scope, the Architect will prepare and lodge applications for development approval, building approval and other consents, and will respond to requests from the relevant authority. Whether an approval is granted, on what conditions and in what time is the decision of that authority. Application, assessment, certification and other statutory fees are the Client's cost.

5. Construction Methods and Site Safety

The Architect does not direct or control construction methods, sequencing, techniques or workmanship, or work health and safety arrangements on site, all of which are the builder's responsibility. Inspections by the Architect are periodic and are not an exhaustive or continuous check of the works, and the Architect is not responsible for the builder's failure to build in accordance with the contract documents.

6. The Client's Obligations

The Client will provide the brief, the budget and available survey, geotechnical, services, title, hazardous materials and existing building information, give the Architect access to the site, and give decisions and approvals within reasonable time. The Architect may rely on the accuracy and completeness of information provided by the Client or the Client's consultants, and is not liable for delay caused by late decisions or withheld information.

7. Fee and Payment

The fee for the services described above is a lump sum of , invoiced in proportion to the services performed.

. Invoices are payable within days of the invoice date, and interest on overdue amounts is charged at . The following disbursements and authority fees are charged in addition at cost: .

8. Additional Services

Work outside the agreed scope is an additional service, charged at and confirmed in writing before it is carried out. Additional services include a change to the brief, scope, quality or budget; redesign of work the Client has already approved; a further application to an authority caused by matters outside the Architect's control; work made necessary by another party's delay or default; and attendance at hearings or proceedings not listed in the scope.

OptionalInclude the cost advice clause

9. Cost Advice

Any estimate of construction cost given by the Architect is a professional opinion based on experience and current information, not a tender or a guaranteed price. The Architect does not control labour or material costs, tender conditions or the way builders price work. If tenders exceed the Client's budget, the Parties will review the brief, scope and specification together, and redesign requested for that purpose is an additional service.

10. Copyright and Use of the Documents

The Architect owns the copyright in all drawings, models, specifications, reports and other documents prepared under this Agreement. On payment of all fees and disbursements then due, the Architect grants the Client an irrevocable, non-exclusive licence to copy and use those documents to construct, complete, occupy, maintain, repair and later alter the project on the site named above. The licence does not extend to any other site or project, and the Client may allow its builder, consultants and financiers to use the documents for this project only.

Where fees remain unpaid, or this Agreement is terminated for the Client's material breach, no licence or assignment takes effect until those amounts are paid. The Client uses the documents at its own risk for any purpose other than that for which they were prepared.

11. Insurance and Liability

The Architect maintains professional indemnity insurance of not less than for each claim while providing the services and will produce evidence of cover on written request. Cover of this kind is normally written on a claims-made basis, so the Architect will use reasonable endeavours to maintain it after completion for as long as it remains available on commercially reasonable terms.

Nothing in this Agreement excludes, restricts or modifies any guarantee, right or remedy that cannot be excluded under the Australian Consumer Law, including the guarantee that services be supplied with due care and skill. Subject to that, the Architect's total liability under this Agreement is limited to , and neither party is liable to the other for loss of profit, loss of revenue, loss of opportunity or other indirect or consequential loss.

The Client is a consumer or small business. The Parties intend the terms of this Agreement to be fair and reasonably necessary to protect the Architect's legitimate interests, and the Client has had the opportunity to consider and negotiate them and to obtain independent advice before signing.

12. Suspension and Termination

If an invoice remains unpaid thirty days after its due date, the Architect may suspend the services on seven days' written notice and is not liable for delay or cost caused by that suspension. Either party may terminate this Agreement on written notice, or immediately if the other commits a material breach and fails to remedy it within of written notice. On termination the Client pays for services properly performed and disbursements incurred to the termination date, and the Architect delivers the documents produced to that point, subject to the copyright terms above.

13. Confidentiality, Publication and Disputes

Each party will keep the other's confidential information confidential, except where disclosure is required by law or an authority or is needed by consultants, builders, insurers or professional advisers bound to confidentiality.

OptionalArchitect may publish the completed project

The Architect may photograph the completed project and publish it in its portfolio, website, media and award entries, excluding anything the Client has identified in writing as confidential.

OptionalRequire a meeting and mediation before escalation

If a dispute arises, the Parties will first meet promptly to try to resolve it and, failing that, will attempt mediation with a mediator they agree on, sharing the mediator's fee equally and each bearing its own costs. This does not prevent either party from seeking urgent interim relief.

14. General

This Agreement is governed by the law of and the courts of that jurisdiction have jurisdiction. It may be varied only in writing signed by both Parties, may be signed in counterparts and by electronic signature, and if any provision is unenforceable the remainder continues in effect.

For the Architect

Date:

Client

Date:

Copyright in the drawings, and the licence to build

Architectural drawings are artistic works under the Copyright Act 1968 and the author generally owns the copyright in them. Engaging and paying an architect does not transfer that copyright, so a client receives exactly the rights the agreement grants and nothing more.

What a client actually needs is a licence with a defined scope and a clear trigger. This template offers two positions. Under the default the architect retains copyright and grants the client a licence, conditional on payment of the fees due, to use the documents to construct, occupy, maintain and later alter this project on this site. The alternative is an assignment, which some institutional and government clients require and which should be priced accordingly.

Making the licence conditional on payment is the practical point. An architect who has already granted an unconditional licence and has not been paid has given away their main commercial protection — and the source template, having no copyright clause at all, leaves the question to be argued about after the relationship has broken down.

Standard of care, consultants and site responsibility

The source template has the architect assist with approvals and ensure compliance with the requirements of law. Read literally that is a guarantee of a planning outcome and of compliance across the National Construction Code and every other instrument touching the project. Professional indemnity insurance responds to negligence, not to obligations assumed by contract that exceed reasonable skill and care, so a clause like that can leave an architect uninsured for exactly the risk they bought cover against.

This template uses the ordinary professional standard: the degree of skill, care and diligence reasonably expected of a registered architect experienced in projects of similar size, scope and complexity. Development approval and building approval are then allocated honestly — the architect prepares and lodges applications and responds to authority requests, while the decision, its conditions and its timing belong to the consent authority and the fees are the client's.

Construction is allocated the same way. Where contract administration is in scope, the architect inspects periodically and administers the building contract; it does not take on the builder's responsibility for construction methods, sequencing, workmanship or site safety. Where consultants such as structural, hydraulic, services or certification consultants are needed, the agreement says who engages them and who carries the risk of their work rather than leaving the client to assume the architect has it covered.

Fees, GST and cost advice

The template supports a lump sum, a time charge against a not-to-exceed figure, or a percentage of construction cost, and it requires the GST position to be stated rather than implied. Quoting a bare figure to a homeowner and adding GST at the first invoice is the fastest way to damage a new relationship.

Payment terms are complete: invoicing frequency, payment days, an interest rate for overdue amounts, and a list of disbursements and authority fees charged in addition at cost. Additional services are handled with a written instruction and a stated rate, triggered by a change of brief or budget, redesign after an approved stage, a further application caused by matters outside the architect's control, delay by others, or attendance at hearings not in the scope.

Cost advice gets its own clause because clients treat an architect's figure as a price. Any estimate of construction cost is a professional opinion informed by experience, not a tender, and the architect does not control the market, the tender list or material prices. The remedy is collaborative: if tenders exceed the budget the parties review brief, scope and specification together, and redesign for that purpose is an additional service.

Standard form contracts, suspension and termination

One Australian point applies to every practice that reuses the same agreement. Since November 2023 it has been unlawful to include, apply or rely on an unfair term in a standard form contract with a consumer or a small business, and the penalties are substantial. A small business here means one employing 100 or fewer people or with turnover under $10 million, which describes most residential and small commercial clients.

That does not stop an architect protecting themselves; it means protections must be even-handed and no wider than necessary. So this template keeps termination rights mutual, caps liability at a stated figure rather than excluding it, keeps variation rights bilateral, and states plainly that nothing in it excludes, restricts or modifies any guarantee or remedy that cannot be excluded under the Australian Consumer Law — including the consumer guarantee that services be supplied with due care and skill.

The structural gap in the source template is that it cannot be ended: there is no termination clause for either party for any reason. This version gives both sides termination on notice and for material breach after a cure period, plus suspension for non-payment after written warning, and states what is owed and what happens to the drawing licence in each case. Around that sit professional indemnity insurance at a stated level with evidence on request, a liability cap, exclusion of consequential loss, confidentiality and a dispute route that starts with a meeting and then mediation.

Clause-by-clause guide

The architect and registration: Names the practice, the registered architect and the board they are registered with, so the client can check the register before signing.
Scope by stage: Which stages are included, from concept through to contract administration, and what is expressly excluded or provided by others.
Consultants: Who engages structural, services, certification and other consultants, and who carries the risk of their work.
Standard of care: The skill, care and diligence reasonably expected of a registered architect on a similar project — not a guarantee of approval or of compliance.
Approvals: The architect prepares and lodges applications and responds to the authority; the decision and its timing belong to the authority and the fees to the client.
Fee, GST and payment: Lump sum, time charge with a cap or percentage of construction cost, with the GST position, invoicing, payment days and an interest rate.
Additional services: Written instruction and a stated rate for changes of brief, redesign after approval, further applications, delay by others and hearings.
Cost advice: Estimates are professional opinions rather than tenders, with an agreed route if tenders exceed the budget.
Copyright and licence: Architect retains copyright and licenses this project on payment, or assigns copyright. The clause the source template omits entirely.
Site responsibility: Periodic inspection and contract administration by the architect; construction methods, sequencing, workmanship and site safety remain the builder's.
Insurance, liability cap and consumer guarantees: Professional indemnity at a stated level with evidence on request, a monetary cap, exclusion of consequential loss, and an express statement that non-excludable consumer guarantees are preserved.
Suspension, termination and disputes: Suspension for non-payment, mutual termination rights, what is owed on termination, and a meeting-then-mediation route before escalation.

Australian compliance checklist

Architects are regulated state by state; consumer law and building legislation apply on top.

Check the architect's registration in the relevant state or territory
In each state and territory it is a legal requirement that a person using the title architect, or offering services to the public as an architect, is registered with the architects registration board in that jurisdiction, and misuse of the title is an offence with significant penalties.
Architects Registration Board of Victoria - the registration acts
Deal with copyright and the licence expressly
Under the Copyright Act 1968 the author generally owns copyright in an artistic work, and engaging an architect does not transfer it. State what the client may do with the documents, for which site, and that the licence takes effect on payment.
Copyright Act 1968 (Cth) - full text, Federal Register of Legislation
Keep the standard of care insurable
Use the ordinary professional standard of skill, care and diligence. Guarantees of approval, of compliance or of a fixed construction cost typically fall outside professional indemnity cover and can leave the architect personally exposed.
Check the unfair contract terms regime before reusing your agreement
Since November 2023 it has been unlawful to include, apply or rely on an unfair term in a standard form contract with a consumer or a small business, with substantial penalties. Small business means 100 or fewer employees or turnover under $10 million.
ACCC - a guide to unfair contract terms for businesses
Preserve the non-excludable consumer guarantees
Services supplied to a consumer come with guarantees that cannot be excluded, including that they be supplied with due care and skill. Say expressly that nothing in the agreement excludes, restricts or modifies them.
ACCC - consumer guarantees
State the GST position
Say whether fees are quoted inclusive or exclusive of GST, and treat disbursements and authority fees separately, issuing tax invoices where required.
Check state building and home-building legislation
Residential building work in several states carries its own contract-content, insurance and dispute requirements, and the availability of design and certification roles differs by jurisdiction. Confirm the position where the project is located before using this template on a home.
Do not copy a published standard form
Client and architect agreements published by professional bodies are copyrighted works licensed to members. Use them under licence if you want them; this template is independent and is not derived from any of them.

How to complete this client and architect agreement

Identify the architect and the project. Enter the practice, the registered architect and their registration board and number, the client, and the project address and description.
Set the scope and the consultants. Choose the stages included, whether contract administration is in scope, and who engages each consultant.
Set the fee and GST position. Pick a lump sum, time charge with a cap or percentage of construction cost, then set GST, invoicing, payment days and the interest rate.
Choose the copyright position. Decide whether the architect retains copyright and licenses the project on payment, or assigns copyright to the client.
Set insurance, cap and termination, then issue. Enter the professional indemnity level, the liability cap and the notice periods, then download the DOCX or PDF and send it before work starts.

Frequently asked questions

Does the client own the drawings once they have paid?

Not automatically. Under the Copyright Act 1968 the author generally owns copyright in an artistic work, and engaging an architect does not transfer it. The client gets whatever licence the agreement grants — which is why the licence clause matters more than the ownership label, and why this template makes it conditional on payment.

Can the client reuse the design on another site?

Not under the default licence, which covers this project on this site only. Reuse elsewhere is a separate commercial deal and should be priced as one, or handled by choosing the assignment option instead.

Can anyone call themselves an architect in Australia?

No. Each state and territory has an Architects Act and a registration board, and using the title architect or offering services to the public as an architect requires registration in that jurisdiction. Misuse is an offence with significant penalties, so the agreement records the registration details for the client to check.

Does the architect guarantee development approval?

No, and no architect should agree to. The architect prepares and lodges the applications and responds to the authority with reasonable skill, care and diligence. The decision, its conditions and its timing belong to the consent authority, and the application fees are the client's cost.

Is the architect responsible for the builder's work?

No. Where contract administration is in scope the architect inspects periodically and administers the building contract, but construction methods, sequencing, workmanship and site safety remain the builder's responsibility. The template says so expressly so the client knows who to look to.

Do the unfair contract terms rules apply to an architect's agreement?

If you reuse the same agreement as a standard form with consumers or small businesses, yes. Since November 2023 it has been unlawful to include, apply or rely on an unfair term in such a contract, with substantial penalties, so protections need to be mutual and no broader than necessary.

Can liability be limited?

It can be capped, and this template caps it at a stated figure and excludes consequential loss — but it also states expressly that nothing excludes, restricts or modifies the consumer guarantees that cannot be excluded, including that services be supplied with due care and skill. An unqualified exclusion clause is both ineffective and a poor look under the unfair terms regime.

Can either party end the agreement?

Yes, and that is the biggest gap in the template this one replaces, which has no termination clause at all. Here either party may terminate on notice or for material breach after a cure period, and the architect may suspend for non-payment after written warning, with fees, work in progress and the licence dealt with in each case.

Related templates

Disclaimer

This template and guide are for general information only and are not legal, insurance or professional-practice advice, and neither an Australian legal practitioner nor any architects registration board has reviewed them. Architect registration and building legislation differ between states and territories.