Introduction:
Landscaping a property can make a tremendous difference in the appearance of a structure and its surroundings. One expert suggested that one should expect to spend a third of the cost of a home on the landscaping work committed to the property. While retaining walls can be a necessary and large expense, most of the expense derives from the design work that high-level landscaping requires.
Recognizing the cost and complexity of landscaping, the industry has developed such professions as “landscape architect,” whose definitions and requirements are defined in the California Business and Professions Code, and whose work is subject to strict training and licensing requirements as well as contractual requirements. Indeed, practicing the profession without the proper license can impose both fines and imprisonment.
This article shall outline the requirements to operate a business as a landscaping architect.
Statutory Law:
“Business and Professions Code - BPC
DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.11] (Heading of Division 3 added by Stats. 1939, Ch. 30.)
CHAPTER 3.5. Landscape Architecture [5615 - 5683] (Chapter 3.5 added by Stats. 1953, Ch. 1447.)
ARTICLE 1. General Provisions [5615 - 5616] (Article 1 added by Stats. 1953, Ch. 1447.)
5615.
As used in this chapter:
“Landscape architect” means a person who holds a license to practice landscape architecture in this state under the authority of this chapter.
A person who practices landscape architecture within the meaning and intent of this article is a person who offers or performs professional services, for the purpose of landscape preservation, development and enhancement, such as consultation, investigation, reconnaissance, research, planning, design, preparation of drawings, construction documents and specifications, and responsible construction observation. Landscape preservation, development and enhancement is the dominant purpose of services provided by landscape architects. Implementation of that purpose includes: (1) the preservation and aesthetic and functional enhancement of land uses and natural land features; (2) the location and construction of aesthetically pleasing and functional approaches and settings for structures and roadways; and, (3) design for trails and pedestrian walkway systems, plantings, landscape irrigation, landscape lighting, landscape grading and landscape drainage.
Landscape architects perform professional work in planning and designing land for human use and enjoyment. Based on analyses of environmental physical and social characteristics, and economic considerations, they produce overall plans and landscape project designs for integrated land use.”
Several aspects of Section 5615 should be noted. A landscape architect, like a structural architect, does not actually engage in the hands-on work on the property. Like any architect, the landscape architect provides design and planning services and supervision of the actual installation. Section 5615 also goes into more detail as to the services provided:
The services may include, “…investigation, selection, and allocation of land and water resources for appropriate uses; feasibility studies; formulation of graphic and written criteria to govern the planning and design of land construction programs; preparation review, and analysis of master plans for land use and development; production of overall site plans, landscape grading and landscape drainage plans, irrigation plans, planting plans, and construction details; specifications; cost estimates and reports for land development; collaboration in the design of roads, bridges, and structures with respect to the functional and aesthetic requirements of the areas on which they are to be placed; negotiation and arrangement for execution of land area projects; field observation and inspection of land area construction, restoration, and maintenance… This practice shall include the location, arrangement, and design of those tangible objects and features as are incidental and necessary to the purposes outlined herein. Nothing herein shall preclude a duly licensed landscape architect from planning the development of land areas, and elements used thereon or from performing any of the services described in this section in connection with the settings, approaches, or environment for buildings, structures, or facilities, in accordance with the accepted public standards of health, safety, and welfare.”
But note the expertise and authority of a landscape architect does not allow them to act as the typical construction architect: “This chapter shall not empower a landscape architect, licensed under this chapter, to practice, or offer to practice, architecture or engineering in any of its various recognized branches.”
Criminal Liability:
“Business and Professions Code Section 5640.
It is a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment, for a person to do any of the following without possessing a valid, unrevoked license as provided in this chapter:
(a) Engage in the practice of landscape architecture.
(b) Use the title or term “landscape architect,” “landscape architecture,” “landscape architectural,” or any other titles, words, or abbreviations that would imply or indicate that they are a landscape architect, as defined in Section 5615.
(c) Use the stamp of a licensed landscape architect, as provided in Section 5659.
(d) Advertise or put out a sign, card, or other device that might indicate to the public that they are a licensed landscape architect or qualified to engage in the practice of landscape architecture.”
Written Contract Requirement
In accordance with Business and Professions Code (BPC) section 5616, a landscape architect shall use a written contract when contracting to provide professional services to a client. The written contract shall be executed by the landscape architect and the client, or their representatives, prior to the landscape architect commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed.
The written contract must include the following:
A description of services to be provided by the landscape architect to the client.
A description of any basis of compensation applicable to the contract, including the total price that is required to complete the contract, and the method of payment agreed upon by both parties.
A notice that reads: "Landscape architects are licensed by the State of California."
The name, address, and license number of the landscape architect and the name and address of the client.
A description of the procedure that the landscape architect and client will use to accommodate additional services.
A description of the procedure to be used by either party to terminate the contract.
The written contract requirement pursuant to BPC section 5616 shall not apply if the client knowingly states in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
Note that the requirement of the above-written agreement does not apply to the following categories:
Professional services rendered by a landscape architect for which the client will not pay compensation.
An arrangement as to the basis for compensation and manner of providing professional services is implied by the fact that the landscape architect's services are of the same general kind that the landscape architect has previously rendered to and received payment from the same client.
Professional services rendered by a landscape architect to any of the following:
A landscape architect licensed under this chapter.
An architect licensed under Chapter 3 (commencing with Section 5500).
A professional engineer licensed under Chapter 7 (commencing with Section 6700).
A professional land surveyor licensed under Chapter 15 (commencing with Section 8700).
A contractor licensed under Chapter 9 (commencing with Section 7000).
A geologist or geophysicist licensed under Chapter 12.5 (commencing with Section 7800).
A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with, or incidental to, the products, systems, or services of that corporation or its affiliates.
A public agency.
Thus, if and when a landscape architect renders services in what may be considered a subcontractor capacity, the agreement is between the landscape architect and the other professional or entity, not the consumer, and the restrictions are relaxed.
Requirements to Become a Landscape Architect:
Effective January 1, 2025.
The requirements to be licensed are stringent and, in many respects, as difficult as becoming a licensed attorney or doctor.
Landscape architects who are initially licensed in California are required to have six years of combined training and educational credit, pass the national licensing examination, known as the Landscape Architect Registration Examination (LARE), as well as the California Supplemental Examination (CSE). Once licensed, landscape architects are required to comply with the laws and regulations governing the practice.
In California, a candidate for licensure as a landscape architect must have a minimum of six years combined qualifying education and training/experience to be eligible to take the Landscape Architect Registration Examination (LARE). Credit for education and training/experience can be accrued as outlined in the laws governing landscape architecture, specifically California Code of Regulations (CCR) section 2620. There are many ways a candidate may obtain a landscape architect license.
Although California accepts the education and training/experience as outlined in law, the Council of Landscape Architectural Registration Boards (CLARB) and other state licensing boards may not recognize the same education and training/experience. This can make obtaining CLARB Certification and reciprocity licensure difficult for those who deviate from the traditional method of acquiring education and training/experience for licensure.
All candidates must possess at least two years of training/practice credit to be eligible to become a landscape architect. At least one of the two years of training/practice credit must be gained under the direct supervision of a landscape architect licensed in a United States jurisdiction as specified in CCR section 2620.
Prospective candidates are required to complete and submit an Eligibility Application to the LATC along with a processing fee. All materials must be received at least 45 days before the licensing examination. Once eligibility has been determined, candidates must successfully pass the national examination, known as the LARE, as well as the CSE.
What an Unlicensed Landscape Professional Can Do and Can Not Do:
An unlicensed landscape professional (often termed “landscape designer”) can prepare drawings for the conceptual design and placement of tangible objects and landscape features or plans, drawings, and specifications for the selection, placement, or use of plants for a single-family dwelling (BPC section 5641).
An unlicensed landscape professional cannot prepare construction documents, details, or specifications for the placement of tangible objects or landscape features for any site, including single-family dwellings. In addition, unlicensed persons cannot prepare plans, drawings, or specifications of any kind that require grading or drainage of a site (BPC section 5641).
Note that architects may provide "landscape architectural" services but may not use the protected title of "landscape architect", as specified in Business and Professions Code (BPC) section 5641.3.
A landscape architect’s license does not authorize the license holder to contract with clients for the construction and installation of landscape features. For all construction contracts where the total cost of labor and materials is valued at more than $500.00, a licensed contractor is needed (BPC section 7048).
Landscape Designers:
Landscape designers are not licensed or regulated by the State of California.
Unlicensed persons can legally engage in activities that do not conflict with BPC section 5641, which states:
“This chapter shall not be deemed to prohibit any person from preparing drawings for the conceptual design and placement of tangible objects and landscape features or plans, drawings, and specifications for the selection, placement, or use of plants for a single-family dwelling. Construction documents, details, or specifications for the tangible objects or landscape features, and alteration of site requiring grading and drainage plans shall be prepared by a licensed professional as required by law.”
Practical Considerations:
A general contractor once answered a client’s question as to the need for a landscape architect in the following email:
“I can build pretty much anything you want. Big or little. Wet or dry. But believe me when I tell you that it will look like a builder and not an artist built it. Landscaping is artistic if you pay for it. It’s a bunch of trees and plants if I do it. You decide if it’s worth it to you.”
Of course, one can go for the excellent gardener or the landscape designer, and they may provide a plan that is excellent, and it would be far less expensive than a full-scale landscape architect. Consider, however, the stringent license requirements imposed upon such professionals, including many years of apprenticeship, and one can determine who would be at the top of the profession.
While there is a myth, especially in America, that the uneducated and undiscovered genius will create artworks only appreciated by later generations, the truth is that most artistic achievement is only attained after years of learning the craft and the influence of highly skilled instructors. You may get the undiscovered “Van Gogh” of gardens, but that brilliance is more likely found in the highly licensed professional.
The real question is whether it is worth it to you. One client, outraged by a bid of two hundred thousand dollars for landscaping for his five-million-dollar home, decided that “dirt and plants” did not justify it and was quite satisfied with the design his long-time gardener developed for his yard. But when he sold the home five years later, the new owner promptly hired a very high-priced landscape architect who developed a scenic wonder that won all sorts of awards. Both owners were satisfied with the results and the costs. Up to you.