Why should architects bear pollution control burden, asks Council of Architecture

The Brihanmumbai Municipal Corporation had taken a decision to curb rising air pollution in Mumbai, to which the Council of Architecture has now raised a strong objection. In its order, the civic body had said architects would have to give a binding undertaking taking responsibility for implementing pollution control measures at construction sites. The Council says the responsibility for actually implementing such measures at a construction or demolition site rests with the landowner, developer and contractor, and this burden cannot be placed on architects. The Council has written to the Municipal Commissioner demanding immediate correction of this circular.

The entire matter is linked to a High Court direction. Following the High Court's order, the BMC issued a circular on September 2, 2026. Through this circular, it made it mandatory to obtain an undertaking from architects to ensure compliance with rules for preventing dust and air pollution at construction and demolition sites. Responding to this, Deepak Kumar, Registrar of the Council of Architecture, an autonomous statutory body under the central Ministry of Education, wrote to the Municipal Commissioner putting forward the Council's position.

In its letter, the Council cited the Architects Act, 1972, and the Council of Architecture (Professional Conduct) Regulations, 1989, framed under it. According to the Council, a registered architect is accountable only for work falling within their professional scope. This condition imposed by the civic body places a burden on architects far beyond their legal and professional responsibilities, and also conflicts with the framework of central law. The Council has therefore demanded that the BMC amend its September 2 circular with the necessary clarification, fix responsibility on those actually managing construction, and inform the Council of the action taken in the matter.

The Council has made clear that it fully supports the civic body's drive to curb air pollution and the objective of complying with the High Court's orders. However, it says the entire responsibility for actually starting work at a construction site, carrying out demolition and implementing pollution control measures on a daily basis lies with the landowner, developer, construction contractor and project management system. The Council argues that an architect's work is limited to design and drawings, and they have no control over day-to-day work at the site. In such a situation, it is wrong to place legal and professional responsibility for every activity, lapse or rule violation occurring there on architects.