Architectural Work

Architectural works are among the works of fine art listed in LIAW Article 4. What is protected is the building itself. Plans, projects and sketches of the building are separately protected as scientific and literary works (LIAW Article 2(3)).

Requirements

• Originality: The building must reflect the architect’s personal creativity. Originality must stem from the design of the building itself, not from artworks placed in or on it.
• Aesthetic value: Works of fine art require aesthetic value, but given the functional nature of buildings this requirement should not be applied strictly.

Functional buildings such as schools, hospitals, apartment blocks or office buildings may be protected if they meet the requirements. An architectural work is not the same as a historic monument.

The Architect’s Rights

• Attribution: For buildings qualifying as works, the architect’s name is inscribed indelibly on a visible part of the building upon written request (LIAW Article 15).
• Integrity: The owner generally may not alter a building qualifying as a work without the architect’s consent (LIAW Article 16(1)); changes required by technical necessity are exempt (Article 16(2)).
• No damage or destruction: The owner may not damage or destroy the work (LIAW Article 17(2)).

Balancing Owner and Architect

The owner may sell, lease and use the building, but the power to alter it is limited by the architect’s moral rights. Reasons such as wear, changing needs or a change of use are not expressly listed as exceptions, so courts weigh the interests involved. Design contracts should regulate in advance which changes the owner may make. See our article Owner’s Right to Make Changes in Architectural Works and Moral Rights.

Images in Public Spaces

The exterior of architectural works permanently located on public roads, streets and squares may be freely reproduced and distributed by photographs, drawings or video (LIAW Article 40).