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Architectural Detainment: Understanding Legal Implications in Construction Projects

When you remove the checkered paper patterns from traditional architecture design, simple yet elegant structures are the outcomes. At Michael Fitzpatrick Architects, we focus on designing and building projects that are tailored to a client’s needs with an eye for detail, mindful of space and natural light. We are committed to a process where by-laws, codes and regulations are considered in the context of conceptual models and design, resulting in creative, bespoke solutions. One might wonder how laws and regulations affect design and building. After all, what are laws, codes and regulations? Sometimes architects must read between the lines when it comes to certain legal definitions. One that we’ve come across continually throughout our building experience is detained meaning in law. What is detainment and why is it relevant to architects? ‘Detained Meaning in law’ refers to things like if an architect or builder has detained an object, then they have taken it and are detaining it. This again comes into play when looking at laws pertaining to buildings, spaces and other constructions.

Architects must have a working knowledge of these by-laws, codes and regulations but they aren’t always so clear-cut. What this means in terms of detained meaning in law is that, say, a certain building must be a certain height in accordance with regulations. Architects see it as an opportunity to be innovative and a little rebellious with the codes and regulations. We design the project as just below a point where the by-laws would otherwise apply. There are often so many rules and regulations that affect building and design that it can become overwhelming. The building industry as a whole would benefit from people becoming more transparent about these regulations and compensating for them in new and exciting ways. There are so many codes and ways to comply with regulations that one needs only choose the right combination.

This goal, to innovate and work around codes and regulations, is the key element to how we at Michael Fitzpatrick Architects design. Architects are tasked with following regulations based on design. We need to build spaces while adhering to codes and laws but we make those restrictions work for us instead of against us. In order to accomplish this, architects need to have a well-rounded understanding of the legal definitions of by-laws, codes and regulations. These are often not so general or obvious and sometimes architects must read between the lines to be compliant. By having an understanding of these regulations, architects can go above and beyond to produce unique, intelligent and innovative spaces.

Legal definition of detainment may refer to limiting something in the lawful sense. In order to reduce legal detainment, collaboration amongst experts is necessary. Architects work with lawyers and consultants to understand what they can do when it comes to architecture, thereby reducing legal detainment. When it comes to residential architecture, legal detainment involves following by-laws where structures can extend no further than 1 meter when it comes to cantilevered moderation. The 1 meter height restriction comes into play as well. When it comes to the point that both of these requirements cannot be met, architects need to find an innovative way to get around these regulations. When it comes to commercial and conservation projects, many of the same building laws apply. If for whatever reason it isn’t possible to fulfill both the height restriction and the cantilevered moderation requirements, architects are able to navigate their way around the code and produce something that is compliant.

For more information on legal definitions and regulations, you can visit Wikipedia’s Law page.