Architects and engineers in Brazil: CAU and CREA

What they do in a purchase

An architect or a civil engineer can look at the condition of a building and at what a renovation would need, before you buy, or draw up a design or a works contract after. Neither checks the title: see due diligence certificates.

What the law says

Architects (Lei 12.378/2010, original publication). Article 5 says that for the use of the title of arquiteto e urbanista and the activities reserved to it, “é obrigatório o registro do profissional no CAU do Estado ou do Distrito Federal”, and that the registration is valid across the country. Article 7 treats as illegal practice the work of an unregistered person or company, and also presenting oneself as an architect without registration. Article 28, XIV gives the federal council (CAU/BR) the task to “aprovar e divulgar tabelas indicativas de honorários dos arquitetos e urbanistas” (approve and publish indicative fee tables for architects).

Engineers (Lei 5.194/1966). Article 6, a, makes the person or company that performs acts or services reserved to engineers, architects or agronomists without registration with the regional councils a case of illegal practice. Article 34, o, obliges each CREA to keep the register of professionals and companies up to date, and article 34, r, to register the basic fee tables that trade bodies prepare. Since Lei 12.378, architects belong to the CAU, not the CREA. The Planalto pages did not answer; we read the parliamentary database, and the text of Lei 12.378 is the original publication, not the consolidated one.

RRT and ART in one paragraph. For architects, Lei 12.378 (arts. 45 to 50) says that works reserved to architects, or shared with other regulated professions, are the object of an RRT (Registro de Responsabilidade Técnica, technical responsibility record), which identifies who is technically responsible, is made through a registered professional, and is not made without payment of the RRT fee; failure to file is a disciplinary infraction. Engineers have an equivalent record, the ART (Anotação de Responsabilidade Técnica); we could not read the law on the ART, so see the renovation guide and ask the CREA. Ask for the RRT or ART number on any design, works or inspection report and compare it to the name of the professional.

How to check an architect

1. Ask for the CAU registration number, the name and, for a firm, the CNPJ.
2. Open https://acheumarquiteto.caubr.gov.br/ yourself. The page has two tabs, Profissional and Empresa, a State filter (“Selecione uma UF”) and a “PROCURAR” button, and asks you to fill in at least one field. The CAU service sheet says you can look for a person or firm by “nome ou CPF/CNPJ ou número de registro no CAU”, and by State or municipality.
3. Read the status. The sheet defines four: Ativo (registered and fit to practise and to issue RRTs), Interrompido (registered, not intending to practise for an indefinite period), Suspenso (temporarily unable to practise) and Cancelado (no longer linked to the CAU).
4. Compare the name and number with those on your contract and on the RRT.

How to check an engineer

The register is kept by each CREA, and there is no national search that we could read. We found the addresses of the services of four CREAs (São Paulo, Paraná, Santa Catarina and Rio Grande do Sul) and of no other; we could open none, so we state nothing about what they show. Ask the engineer for the CREA number and the State, then look for the “consulta” service on the website of that CREA, or write to the CREA with the name and number.

What the registers’ terms say

• CAU, Ache um Arquiteto: no terms of use could be found on the home page or on the service sheets we read. The CAU says professionals may authorise the publication of contact details, social networks and portfolio, so these appear only with their consent.
• CREA registers: no terms of use could be read, because no register could be opened.

Advertising rules

• CAU Code of Ethics (Resolution 52/2013): rule 3.2.8, when communicating or promoting work, “considerar a veracidade das informações e o respeito à reputação da Arquitetura e Urbanismo” (consider the truthfulness of the information and respect for the reputation of architecture). Rule 5.2.4 forbids proposing fees “visando obter vantagem sobre propostas conhecidas, já apresentadas por colegas concorrentes” (to gain an advantage over known proposals already presented by competing colleagues). Rule 5.2.11 forbids using criticism to gain a competitive advantage. Only article 5 of the code is marked as revoked on the page we read.
• CAU social media guide: item 1.1.1 says to give the registration number, the name and the technical activity when advertising; item 1.1.3 says to refrain from publishing the price of services on social media, unless the interested party asked for it beforehand. We could not establish the binding force of the guide.
• CAU Resolution 198/2020, art. 39: among the infractions, advertising that gives information “em desacordo com o registro de responsabilidade técnica ou com as atividades desenvolvidas” (inconsistent with the technical responsibility record or the activities carried out), or that omits the name of the architect technically responsible for the project, work or service, “inclusive on-line”; and promoting oneself, or offering a supervised activity, without CAU registration.
• Engineers: the Confea/Crea code of ethics (Resolution 1.002/2002), as read in an earlier session in a copy hosted by a regional council, asks for “informação certa, precisa e objetiva em publicidade e propaganda pessoal” and forbids “artifícios ou expedientes enganosos”. The CONFEA site itself did not answer, so we cannot say whether the code is under revision.

Which professional to consult

A property lawyer reads the design or works contract. For a valuation, property appraisers. For the loan that finances a build or a purchase, mortgage lenders.

Questions to ask

• What is your CAU or CREA number, and which State?
• Will you issue the RRT or ART for this work, and who pays the fee?
• What exactly is included: survey, design, permit filing, site supervision?
• Who is technically responsible for the work, and is that person registered?
• How is the fee set, and what is charged separately?