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Architecture Agency: Licensing And Registration In India

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Introduction: Architecture Agency

In the present market scenarios, the market has a specific appetite for Architecture and has quickly become a booming industry. In the real estate sector, the enormous demand has led market experts to believe that the industry would potentially grow even more in a coming couple of years. Thanks to the ever-growing demand for real estate, there is a shortage of architects and architecture firms.

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Taking the view of the current market demands of real estate, one doesn’t have to be a certified genius to understand that the real estate industry in its entirety requires more architects and architecture firms. Architecture Firms have become quite profitable in recent years and project upward growth according to many experts.

Registration For Architecture Agency

An architecture agency business can adopt a form of a partnership or a sole proprietorship. The agency would have to follow the rules and regulations governing the procedure for registration for acquiring the license to indulge in business practices. The agency has to be registered either in the form of a partnership, under the Partnership Act, or as a Sole Proprietorship. 

According to the Architects act, any company whether it be public or private or society is not allowed to use the title of “architect” or practice architecture. 

Shops And Establishment Licenses For Architecture Agency 

The Shops and Establishments Act is governed by each state’s labor department. 

The act has established privileges that the employee may enjoy and be granted by their employer or the management; the act has also established a set standard for work atmosphere and workplace conditions. Under the provisions of the act, every business whether fully operational or half-built shall register itself within 30 days after beginning the process of registration i.e. as soon as the statement is sent to the inspector, from the date of issuance of the statement, the business shall register itself within 30 days. 

Shops, Establishments, and Architecture agencies have their registration forms and requirements, however, there is a common aspect that unites them i.e. the shop and establishment license given by the inspector designated to the respected area of your site. 

The architecture agency, within a month, shall register itself under the Shops and Establishment act along with the inspectorate of the area of the site in which the agency is situated in; a statement shall be issued to the inspector which should contain the following:

  • Name of the employer.
  • The address, including the postal address and name of the business.
  • Category of business in which the agency shall be involved with. 
  • A number of employees in the agency. 

The documents necessary for registration under this act are: 

  • Address proof (commercial) 
  • Identity proof of the proprietor or the partners
  • Challan which proves the payment of fees

The agency shall pay a processing fee of Rs. 125/- to Rs. 12,500/- for registration; depending upon the number of manpower and employees at the agency for the conduction of business.

The license for architecture shall be issued immediately upon acceptance of the application, provided that all the documents and issuing statements are in accordance. 

Registration Under The Council Of Architecture (COA)

The Council of Architecture was constituted by the Government of India in accordance with the provisions of the Architects Act of 1972. The Council of Architecture is tasked with the responsibility of regulating education and setting the standards for the practice of the architecture profession. 

The obvious and most important step is to register your agency under the council of architecture and obtain a certificate from any of the recognized universities. Under the Architects act, a person is supposed to submit the following documents: 

The documents to submit for registration include the following: 

  • Application form: The application form is available to be downloaded from the official website of the Council of Architecture. Upon filling in the details which are true and real to the applicant’s knowledge, they shall take a printout of the documents with the details filled in and self-attest it. 
  • Birth Certificate: A photocopy of the birth certificate which should be attested by either an oath commissioner, Public notary officer, or gazetted officer.  
  • Mark sheet of class 10 and class 12: A photocopy of the mark sheet of class 10 and class 12 or any certificate of equal importance showing at least 50% marks aggregate with the core subject of mathematics as a subject which should be attested by either a Public Notary, gazetted officer or an oath commissioner.
  • Original certificate of architectural qualification: The final certificate of architectural qualification degree from any recognized university or a diploma course certificate provided by any recognized university or by the government; the original certificate shall be submitted. Membership of the Indian Institute of Architects certification shall be submitted in original which will be considered as well. 
  • Copies of mark sheet: A photocopy of the mark sheet from every semester shall be submitted. 
  • Caste or Category Certificate: if applicable, a photocopy shall be submitted. 
  • Demand Draft: A demand draft of Rs. 600/- which shall be non-refundable and drawn in favor of the ‘Council of Architecture shall be submitted. The demand Draft shall be payable in New Delhi.
  • Envelope: A self-addressed envelope for the purpose of sending a certificate of registration by the registered post. 

NOTE- The original certificates of diploma or degree preferably should be sent using the services of the registered post to avoid any loss of documents in transit. The self-addressed envelope should be large enough to contain all the documents with relative ease in order to avoid the crumpling of certificates. 

Registration Of Service Tax

A tax on service is called service tax, it is levied on the transaction of services that are specified by the Government of India under the Finance Act. Service Tax is an indirect tax hence, the service provider can recover the tax paid to the recipient of taxable service.

Read Our Blog: Direct Tax and Indirect Tax

The Government of India requires businesses to pay a service tax if the expected turnover of the business would be more than 9 lakhs. The application for the same has to be submitted online after creating an account on the official website of the Automation of Central Excise and Service Tax. 

Conclusion

According to experts in the industry, the real estate industry is going to supersede the current threshold of demand for real estate, thus creating a need for the entire industry for more architects and architectural firms. An architectural firm should be compliant with rules and regulations. Though, it could be a bit confusing; the procedure for registration of an architecture firm, since no company can use the title of ‘architect’, the Government of India has made efforts in simplifying the registration procedure with minimal time to acquire the license.

This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.

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