Fit and Proper Person Rules
These Rules are made pursuant to Byelaw 2.2.2 and Regulation 2.2.2 of the RIBA Charter, Byelaws and Regulations dated 11 March 2020.
All individuals applying for admission or readmission to RIBA membership must be fit and proper persons, as defined by these Rules, and must make a Fit and Proper Person Declaration as part of their application for membership. Such Declaration will be considered by the RIBA alongside the other Declarations required by Byelaw 2.2.3.
When considering an individual’s Fit and Proper Person Declaration, the RIBA will take into account the overriding need to:
(a) promote and protect the public interest; and
(b) maintain public trust and confidence in the architectural profession and the RIBA membership as a whole.
The RIBA will consider Fit and Proper Person Declarations and all other Declarations made in application to the RIBA on a case by case basis.
A fit and proper person for the purposes of Byelaw 2.2.2 and Regulation 2.2.2:
(a) Does not have any unspent convictions* for an offence:
(i) for which a custodial sentence of twelve months or more could be imposed; or
(ii) involving dishonesty, fraud, perjury and/or bribery; or
(iii) associated with obstructing the course of justice; or
(iv) involving behaviour which demonstrated discrimination towards others; or
(v) associated with terrorism; and
(b) Is not included on the Violent and Sex Offenders register; and
(c) In the last 5 years, has not been the subject of serious adverse findings of a civil court for conduct and/or behaviour involving:
(i) Dishonesty; or
(ii) Violence; or
(iii) Harassment; or
(iv) Discrimination; or
(v) Negligence; and
(d) In the last five years, has not been the subject of a disciplinary or regulatory finding by a professional or regulatory body which resulted in suspension or expulsion/erasure/removal; and
(e) Is not and, in the last five years, has not been removed and/or disqualified as a company director**; and
(f) Is not and, in the last five years, has not been disqualified from being a trustee for a charity***.
The RIBA Regulations include provisions for any person whose application for membership has been refused to have the right to be informed of the reasons for the refusal, and the right to appeal against the refusal to an appeals panel appointed by the RIBA Board.
In considering the decisions of courts, tribunals or professional bodies outside the UK, the RIBA shall have discretion to evaluate the equivalence to UK legal, regulatory and sanctions standards in the application of the Fit and Proper Person Rules.
*See the Rehabilitation of Offenders Act 1974 and the Rehabilitation of Offenders Act 1974 (Exceptions Order) 1975
**A “director’s disqualification order” includes a disqualification order made by a court, or disqualification undertaking accepted by the secretary of state, pursuant to the Company Directors Disqualification Act 1986
***Section 178(1) of the Charities Act 2011