The confusion around the practice of architecture by Companies/ LLPs incorporated in India has been set at rest recently by the Hon’ble Delhi High Court rendering a judgement in a batch of writ petitions wherein it has been held that companies and LLPs can provide “architectural services” in India.

The Ministry of Corporate Affairs (“MCA”) issued various circulars in the year 2011-12 effectively prohibiting incorporation of companies/LLPs that include rendering of architecture services as one of their objects, even if such juristic persons do not use the title and style of architect.

Adding further to the woes of companies rendering architectural services in India, the Council of Architecture (“COA”) also issued public notices in the year 2013 in the same lines and threatened such companies of legal consequences in case they either provide architectural services or use the title and style of architect.

While some individual architects filed writ petitions before the Delhi High Court seeking implementation of the aforesaid circulars, one of the companies namely BDP Design Engineering Private Limited (“BDP”), an Indian arm of BDP, U.K. represented through Link Legal India Law Services challenged the aforesaid circulars and the public notices issued by COA by way of a separate writ petition.

The consulting engineers’ association representing the engineers body in India and some other incorporated entities also supported BDP before the Hon’ble Delhi High Court.

In its detailed judgment, the Hon’ble Delhi High Court agreed to the contentions raised by BDP and thereafter partially quashed the MCA circulars and notices issued by the COA and held that Companies and LLPs can provide architectural services in India and can also have the same as one of their objects. As far as the use of the title and style of ‘Architect’ or the derivates of ‘Architect’ is concerned, the High Court held that the persons/juristic entities cannot be allowed to use the style/title of architect or its derivatives in their names, unless they are registered as architects with the COA. 

The judgment comes as a respite for various companies/ LLPs rendering architectural services in India whose operations were vigorously being objected to by the COA.

Link Legal India Law Services was represented by Mr. Milanka Chaudhury, Partner and Mr. Sarojanand Jha, Associate Partner.