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21 April 2016

Last month the leading legal publisher Intersentia launched the book The architect in the 21st century. This book was published because of the 75th anniversary of the Act of 20 February 1939 concerning the protection of the title and profession of architect. This act is the basis of the legal framework wherein both Belgian as foreign architects can practise their profession in Belgium, whether they are EU citizens or not. However, the question arises whether this act is still adjusted to today’s contracts and whether it hampers the execution of certain complex construction projects.Several leading academics of Flemish and Wallonian universities contributed to this book whereas Prof. Dr. Kristof Uytterhoeven of LawExchange member firm Caluwaerts Uytterhoeven, as editor, was responsible for the final drafting. The book covers among others the architect as entrepreneur, the scope of protection of the title and profession of architect, the professional liability of the architect and corresponding mandatory insurance, and the disciplinary procedural law.Prof. Dr. Kristof Uytterhoeven himself wrote a contribution about the legally protected monopoly of the architect, the legal incompatibilities and its consequences for a number of current developments in the building industry, such as the possibility for architects in Belgium to participate in Design & Build-agreements and the collaboration between architects and promoters. In addition, the book investigates to what extent the client has to mandatory appeal to an architect in the realisation of a building project and how the obliged involvement of the architect can be defined with regard to engineers and specialised engineering bureaus.The contribution of Prof. Dr. Kristof Uytterhoeven is therefore particularly important for all those who want to participate in significant real estate projects in Belgium whether they are designer, building contractor, private or public developer.

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