Architect struck off after being found guilty of failing to declare conflict of interest

An architect in Scotland has been removed from the architect's register after being found guilty of "dishonest conduct" that led to financial gain.

Beatriz Torres Aviles was brought before the Architectural Registration Board (ARB) after failing to disclose a conflict of interest with a contractor who she recommended to the two clients.

She then invoiced the two clients over £4,000 for work that was described as "chaotic", which eventually had to be torn down. 

Building work began without building permit

The committee learned that two clients hired Ms Torres Aviles to create plans for a loft conversion and rear extension for their homes, but both grew worried about the quality of the contractor's work.

Both were concerned after construction began without the necessary building permits and during the construction both clients experienced issues like lack of running water and extreme cold because the homes weren't properly sealed. 

They identified a number of "critical defects" on the work including poorly placed metal beams and windows with large gaps. Eventually, all the work for both homes had to be taken down.

Architect failed to disclose personal relationship with contractor

It was also alleged that Ms Torres Aviles failed to declare a conflict of interest with a contractor who she knew by recommending would stand to profit financially.

During a hearing the ARB were told that she "recommended the contractor to both [clients] knowing that she stood to gain from the recommendation" in "an obvious conflict of interest which she did not disclose to either [client]".

Neither of the two clients were said to have been told that she had a personal relationship with the contractor who she invoiced a total of £4,350.

ARB rules architect to be "fundamentally incompatible" with the profession

The ARB found Ms Torres Aviles guilty of various failings, including inadequate terms of engagement, deficient drawings, and allowing construction to begin without necessary approvals.

It was also found that she failed to disclose a conflict of interest arising from payments received from the contractor and the ARB concluded that her actions "lacked integrity" and amounted to "dishonest conduct".

During the hearing, Ms Torres Aviles confessed that she only discovered work had started without a building permit after visiting each project site. She said she "felt overwhelmed" and "realised that she was not ready to manage such a situation".

However, the ARB ruled: "The result was a chaotic construction phase in both projects which contributed to the serious consequences for the [clients], both emotionally and financially.

"The public is entitled to expect that architects will not undertake work beyond their capabilities or competence. The failings of [Torres Aviles] in this respect are very serious."

It was concluded the contractor bore the majority of blame for the poor construction, but Torres Aviles' conduct was deemed "fundamentally incompatible" with being an architect, leading to an order for removal from the architects' register.