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When Building Codes Are Not Enough: What Architects and Developers Need to Know About Physical Risk


There is a version of professional due diligence that looks, on the surface, like everything is being done correctly. The architect has followed the local building code. The developer has signed off on the design. The project meets every statutory requirement. And yet, when the first-floor lobby floods following a heavy rainfall event, none of that paperwork protects anyone from what comes next.
This is the gap quietly reshaping how design professionals think about their responsibilities, according to Albert Slap, founder of RiskFootprint™. It has less to do with negligence than with the limits of what codes were ever designed to do.
Building codes in most U.S. jurisdictions are based on life safety. They set minimum standards – the floor, not the ceiling, of what is acceptable. They are also backward-looking. A code written a decade ago reflects the risk data available at the time it was written. It does not reflect the flood modeling, wind hazard analysis, or wildfire risk assessments that RiskFootprint™ and similar platforms make available today – often instantly, for a few hundred dollars.
The result, Slap argues, is a widening disconnect between what is legally permissible and what is professionally defensible.
The AIA Ethics Update and What It Actually Requires
The American Institute of Architects recently updated its Code of Ethics to require architects to inform clients of physical and climate risks and to document when clients decline to act on that information. For many practitioners, this formalized something they already knew instinctively: knowing about a risk and saying nothing is not a neutral act.
In practice, the update is moving the market. Architecture and design firms that previously ordered hazard assessments only on specific projects – those where the client or location seemed to demand it – are now incorporating exposure assessments into standard project intake. The reasoning is straightforward. If the AIA Code now expects architects to surface these risks, doing so selectively creates its own liability exposure.
One major international architecture and design firm recently made this shift, moving from occasional project-specific assessments to a full dashboard of natural hazard exposure data for every project. The driver was not a disaster. It was the updated standard of conduct.
The Developer Who Doesn’t Want to Know
The more complicated scenario – and the one that plays out more frequently than the industry tends to acknowledge – is the developer who explicitly does not want the full picture.
The logic is understandable, if short-sighted. A developer building to sell, whether to an investor group, a REIT, or a homeowners association, is working from financial projections built around code compliance. Adding resilience measures beyond code costs money that was not budgeted and may not show up in the sale price. So the instruction to the design team becomes: build to code, nothing more.
The problem arises when the building’s first floor, constructed to meet FEMA base flood elevation requirements, is still vulnerable to heavy rainfall flooding that FEMA maps do not model. The code was met. The risk was not addressed. And when the lobby floods, the question of who knew what – and when – becomes very pointed.
What the AIA update does is give architects a clear procedural path through that scenario. Document that the information was available. Document that it was offered. Document that the client declined. That paper trail cannot prevent a flood, but it can prevent the architect from bearing sole responsibility for its consequences.
From Exposure to Vulnerability: What the Data Now Makes Possible
The shift in professional standards is happening alongside a shift in what is technically possible. Natural hazard assessment has changed considerably in the past decade. What once required weeks of specialist analysis and significant cost can now be generated at the property level, across 34 or more hazard categories, in seconds.
That includes flood exposure from riverine, coastal, and rainfall-driven sources. It includes wind hazard modeling that distinguishes between a building’s actual construction standard and the wind speeds it is likely to face. And it includes something not previously available at scale: estimated first-floor elevation data, calculated from Google Street View imagery using machine learning, that allows an assessment to move from exposure to actual vulnerability.
The difference matters. A building exposed to flooding is not the same as a building vulnerable to flooding. First-floor elevation, relative to modeled inundation levels, determines whether flood water enters the lobby or stops at the threshold. Knowing that figure before a building is designed or purchased is now possible. Using it is becoming an expectation.
The ASTM Standard That Connects the Dots
For architects navigating this shift, the ASTM Property Resilience Assessment standard, E3429-24, provides a structured framework. It is a three-stage process: exposure assessment, vulnerability and damage estimation, and feasibility analysis for resilience measures. Not every situation requires all three stages, but the standard offers a disciplined path from identifying risk to deciding what to do about it.
The ASTM standard also connects directly to LEED v5, the latest version of the U.S. Green Building Council’s green building certification framework. LEED v5 incorporated property resilience assessment requirements that draw heavily on ASTM E3429-24, meaning any project pursuing LEED certification now has a formal mandate to conduct the kind of assessment the AIA ethics update encourages.
The convergence of these standards – AIA ethics, ASTM E3429-24, and LEED v5 – reflects a recognition that sustainability and resilience are two sides of the same coin. A building designed to reduce its environmental footprint but not assessed for its vulnerability to the environment it sits in is only half the picture.
What This Means for Practice
The standard of care is moving, and it is moving in one direction. The data exists. The frameworks exist. The ethical and legal expectations are being formalized. The gap between what is possible and what is practiced is narrowing faster than most of the industry has absorbed.
Developers who want to build to code and nothing more are not going away. But design professionals working with them now have clearer grounds – and clearer documentation requirements – for surfacing what the data shows, regardless of what the client wants to hear.
That is not a burden. It is, ultimately, what professional expertise is for.
About RiskFootprint™
RiskFootprint™ is a property resilience assessment platform providing science-driven hazard analysis across 34+ natural hazard categories for commercial and residential clients. Learn more at riskfootprint.com or connect with founder Albert Slap on LinkedIn.
This article is based on information provided by the expert source cited above. It is intended for general informational purposes only and does not constitute legal, financial, or real estate advice. Readers should conduct their own research and consult qualified professionals before making any real estate or financial decisions.
This article was sourced from a live expert interview.
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