Terms of business
Wilkinson Construction Consultants standard terms and conditions are set out below and apply to all projects to which we are appointed as an Approved Inspector (unless agreed otherwise in writing).
Terms of Business – Approved Inspector
- Responsibilities of the Approved Inspector
1.1. The function of Wilkinson Construction Consultants Ltd shall be that of an Approved Inspector, as described in the Building (Approved Inspector) Regulations 2010. A reference to the Approved Inspector shall be assumed to be a reference to Wilkinson Construction Consultants Ltd.
1.2. The Approved Inspector shall carry out the Services with reasonable skill and care in accordance with these Terms of Business. The Approved Inspector shall have due regard to the CIC Code of Conduct for Approved Inspectors and the Building control Performance Standards.
1.3. The Approved Inspector shall ensure that there are adequate resources available to carry out the role competently.
1.4 On receipt of this signed appointment, written or emailed confirmation of your order the Approved Inspector will commence work. In any case, if we have sent you our Terms of Business and start acting for you at your verbal request, you agree that you are bound by these Terms of Business.
1.5 We reserve the right to refuse your instructions if we believe that we do not have those resources to deal with your instructions properly or become aware of a conflict of interest.
1.6. The Approved Inspector shall take such steps as are reasonable to enable it to be satisfied as to the Project’s compliance with The Building Regulations and shall, if so satisfied, issue a final certificate (as described in the Regulations) to which the Initial Notice relates. The final certificate is not a representation that every aspect of the Project complies with The Building Regulations.
1.7 The Approved Inspector is required to comply with the guidelines issued by the Office of the Ministry of Housing, Communities and Local Government in respect of the maintenance of professional indemnity insurance.
1.8 The Approved Inspector shall on written request of the Client provide evidence that the insurance is properly maintained.
1.9 The Approved Inspector shall immediately inform the Client if the insurance referred to above ceases to be valid.
- Responsibility of the Client
2.1 The Client shall appoint the Approved Inspector in writing prior to any works being carried out. The client must ensure no works are to commence on site until five working days after the submission of the Initial Notice.
2.2 The client shall check the data collection form has been correctly completed. In particular the client will ensure that the names, addresses and description of works adequately describes the works being carried out. If during the course of the works these change for any reason it is the responsibility of the client to notify the Approved Inspector of these changes.
2.3. Prior to commencing any work on site, the client should ensure that all necessary permissions and notices are in place, including but not limited to planning permission, party wall notices, CDM, landlords agreement etc as required for the proposed development.
2.4 The Approved Inspector shall have the right to ask for and receive plans and other relevant information from the Client or its designer or contractor, in order that they may audit the Design Information against the requirements of The Building Regulations.
2.5 The Client shall ensure that all necessary plans and information are provided to the Approved Inspector to enable it to comply with its duties and obligations in respect of the Services.
- a) “As existing” plan(s) showing the premises as existing.
b) “As proposed plan(s) showing the proposed work- please include specification notes on the drawing or as a separate word file.
c ) If structural work is involved, a copy of the plans and structural calculations should be provided as necessary
d) Where the Regulatory Reform (Fire Safety) Order applies (eg buildings other than dwellings) a set of fire safety plans as required by regulation 38
e) Where a building is being erected or extended, a site plan at 1:1250 scale.
The Approved Inspector will notify you of any other drawings, calculations, specifications or certificates, necessary to complete our work at the appropriate stages. The preferred format is pdf
2.6. It is the client’s responsibility to contact the Approved Inspector to inform us that works are due to commence and at each key stage as listed in the stage notification plan. The stage notification plan is not a list of actual inspections that will be carried out, but rather the stages at which you must notify us, it therefore does not reflect the number of inspections that may be carried out.
2.7 . The client shall make available during normal working hours proper access to the site in order to carry out inspections of work in progress.
2.8 The Client shall ensure that reasonable and safe access to the Project site and facilities are provided, at all reasonable times, to allow employees of the Approved Inspector to make necessary inspections.
2.9. The Approved Inspector shall have the right to ask for, and observe tests, as necessary, to determine if the Works are in accordance with The Building Regulations.
2.10 The Client shall make arrangements to allow employees of The Approved Inspector to observe tests on drainage, ventilation ductwork, emergency lighting, fire alarms etc, to enable The Approved Inspector to comply with its duties and obligations. All tests, equipment, training and expenses incurred to carry out such tests are the responsibility of the Client.
2.11. It is the client’s responsibility to notify the Approved Inspector upon occupation and completion of work to enable us to carry out a final inspection. Failure to inform us of completion resulting in cancelled visits or additional administration may be subject to additional charges.
2.12 If works are covered without inspection and if considered necessary, the Approved Inspector reserve’s the right to request completed works to be uncovered to show compliance with the Regulations. The client shall be responsible for uncovering such work and/or providing other evidence to the satisfaction of the Approved Inspector.
2.13 The Client shall be responsible at all times for the Project’s compliance with The Building Regulations. For the avoidance of doubt, the Services do not include advising the Client or managing the Project to ensure compliance with The Building Regulations is achieved.
2.14. The Client shall be entirely responsible for the design, construction and management of the Project and any additional work beyond the Services.
2.15. If the client materially breaches their obligations under this agreement or fails to respond to any notification of a breach of Building Regulations the Approved Inspector may terminate this agreement by giving written notice to the client. This would also result in the Initial Notice being cancelled.
2.16 The client should be aware that due to the time limits imposed by regulation 17 of the Regulations an Initial Notice can cease to be in force as a result of completion or occupation of a building prior to the issuance of a Final Certificate. It is the responsibility of the client to insure that any remedial works or commissioning certificates are provided in a timely manner and in no case should this exceed 8 weeks in the case of a domestic building, or 4 weeks in the case of a building to which the Regulatory Reform (Fire Safety) Order applies, without an agreed extension of time being in place.
- Cancellation of Initial Notices
3.1. The Approved Inspector may cancel the Initial Notice by sending a Notice of Cancellation (as described in the Regulations) to the local authority in the following circumstances:
- a) after a formal Notice of Contravention (as described in the Regulations) has been served and no action has been taken by the Client to regularise the contraventions within 3 months;
b) the Client or its agents place undue restrictions of The Approved Inspector thereby preventing The Approved Inspector from carrying out its Services and legitimate functions as approved inspector for the Project;
c). The Approved Inspector is prevented from making site inspections due to dangerous or unsafe conditions;
d). failure on the part of the Client to submit plans or other relevant documents in a reasonable period of time;
e) the expiry of time limits set out within Regulation 17
f) works not having commenced within a period of 3 years form the date of the submission of the initial notice
g). any other condition or situation that prevents The Approved Inspector from carrying out their function as an approved inspector; or
h) failure of the Client to pay the necessary fees.
3.2. If any of the above circumstances occur and the Client shall still be liable to pay the Approved Inspector any instalments of the Fee due up to the date of termination together with a fair and reasonable proportion of and any additional services performed by the Approved Inspector up to the date of termination or required thereafter (such as archiving and storage).
- Terms of Payment
4.1. All fee quotations provided are valid for 30 days from the date of issue.
4.2. In consideration of the provision of the above services, the client will have provided a reasonable estimate of the program and cost of the works which is based on:
a) An amount which relates to the `building cost’. This figure should include the cost of labour and materials which would normally be provided by a contractor in business, If there is any dispute regarding the estimated cost, the RICS cost information figure shall be used to determine the estimate
b) Project duration and phasing
4.3 Should the work extend significantly (eg 10%) beyond the agreed work boundaries or the estimate of the cost of the work, then an additional fee is payable based on £ 75.00 per hour or revised estimate, whichever is the most appropriate. In the event that you (or your contractor) request an inspection of work which is incomplete or abortive we reserve the right to charge an additional fee if this results in additional work for the Approved Inspector.
4.4 Fees have been based on the contract value and duration as detailed above and are payable upon appointment as Approved Inspector. Upon receipt of the contract an invoice will be raised and the Initial Notice will be served on the appropriate local authority.
4.5 By signing this contract you are authorising the Approved Inspector to sign the Initial Notice on your behalf. In the event that the works are abandoned part way through the appointment no refund will be made of fees invoiced, however, no additional invoices will be raised.
4.6 Fees should be considered as application fees and are payable in advance of the work being completed. We cannot agree to fees being paid contingent on works being completed as this would be a conflict of interest, as we would be under pressure to sign off non-conforming work in order to be paid.
4.7 Fees under £1000 (exc VAT) will be charged as a single payment unless we have indicated otherwise. Fees over £1000 (exc VAT) will normally be charged as a plan checking fee and a site inspecion fee.
4.8. The `due date for payment’ shall be 7 days after the date of the submission of the invoice, we offer credit terms as stated below. The Approved Inspector when submitting his invoice shall on each invoice confirm the basis on which the stated amount is calculated as above.
4.9. The `final date for payment’ shall be 30 days after the due date for payment. Payment shall be made no later than the final date for payment. You agree to pay us interest on any unpaid fees from the date one month after the bill is rendered at 3% per annum above Barclays Bank plc base rate as at the date of the bill. Further, if you have not paid us within 45 days you agree to pay a charge for collection, namely £40 on debts under £1000, £70 on debts over £1000. After 45 days we will instruct a solicitor to write to chase any outstanding debt.
4.10 I f an invoice remains unpaid without challenge for 60 days from issue, the Approved Inspector may suspend service in relation to the project by notification to the client in writing.
4.11 If an invoice remains unpaid without challenge for 90 days from issue, the Approved Inspector may formally terminate involvement with the project and cancel the Initial Notice. The Approved Inspector shall have no liability for any costs, damages, delay, expenses, fees, works etc. that arise out of such a cancellation of the Initial Notice.
4.12. All orders should state the address for invoices and, where required, the address to which the invoice is to be copied. If you are a company or partnership or other trading body and fail to provide this information we will carry out a search at Companies House to ascertain your registered office and serve the invoice to that address. In the case of an individual we will serve the invoice at your home address.
4.13 . Where an order is placed on behalf of a third-party, you must take responsibility for payment. If there is more than one of you instructing us, you agree that you will be jointly and severally liable for payment. If you are an agent please take legal advice if you are in any doubt about responsibility for payment or ask your client to sign the form themselves.
4.14. We will undertake a credit agency check prior to commencing work. If the credit rating indicates that the credit limit is less than the value of our fees we may require cleared payment in advance of commencing work. If you prefer not to have a credit search please provide a cheque with the appointment form.
4.15 All fees are quoted are excluding VAT and disbursements unless otherwise stated.
4.16. If we have not given you a fixed fee, there are different hourly rates depending on the status of the person carrying out the work and the nature of the work. Work will be billed in hourly units and the rate will be clearly stated on our invoice. Time, time spent travelling (E.g. by train, car, underground etc) is, in the absence of agreed arrangements, charged at the hourly rates as above. Fares, hotel accommodation and out of pocket expenses are charged at actual cost. Petrol and running expenses may be charged at 40 pence per mile travelled.
4.17 Unless otherwise agreed, work carried out on an hourly basis will be invoiced at the end of each month.
4.18 Where Design Information is submitted by e-mail, a charge to cover the reasonable printing costs may be made which is in addition to the agreed Fees. This will not apply where The Approved Inspector are notified in writing, prior to providing a quotation, where the cost of printing will be inclusive.
4.19 All fees must be paid in full prior to the issue of a final certificate.
4.20 If the Works commence on site and The Approved Inspector have made an inspection following which the project is abandoned, then The Approved Inspector will be entitled to the full amount of the total Fee.
4.21 If the scope of the Works change or the address or other information change during the project from that contained in the data collection form, to an extent that it becomes substantially different to that described in the Initial Notice, then the Approved Inspector shall be entitled to additional payment.
4.22. In the event that the Project becomes unduly protracted, the Approved Inspector reserves the right to seek additional costs for its Services. In this respect the Approved Inspector will contact the Client to agree in writing such payments.
4.23 In the event that the works change, and the client has failed to notify the Approved inspector, we reserve the right to amend the initial notice accordingly and to make additional charges.
Amendment or Cancellation notice to the local authority – £50.00 + VAT
Extension of Time request to the local authority: £50.00 + VAT
Issue of copy documentation £30.00 + VAT
Retrieval of project from archive £150.00 + VAT
Failure to notify the Approved Inspector resulting in aborted/additional site inspections £75.00 + VAT per visit
5.1. The copyright in all documents prepared by the Approved Inspector in providing the Services shall remain the property of the Approved Inspector . Subject to payment by the Client of the Fees properly due to The Approved Inspector in accordance with these Terms of Business, the Approved Inspector grants to the Client an irrevocable, non- exclusive royalty-free licence to copy and use the documents for any purpose related to the Project.
5.2. The Approved Inspector shall not be liable for any use of the documents for any purpose other than that for which they were prepared and provided by the Approved Inspector .
6.1 In the event that the Client has a complaint in respect of the performance of Services by the Approved Inspector , without prejudice to any other remedy available under these Terms of Business, the Client shall be entitled to have access to the complaints handling procedure maintained by the Approved Inspector , copies of which are published on the Approved Inspectors Website.
7.1. Any liability accepted by the Approved Inspector under this appointment relates only to the statutory duties of an Approved Inspector as defined within the Building Act – no additional liability should be inferred. The Client shall be responsible for the Project’s compliance with the Building Regulations and the Services do not include managing the Project to ensure that compliance is achieved. Whilst the Approved Inspector shall take such steps as are reasonable to enable it to be satisfied as to the Project’s compliance with the Building Regulations, (and if so satisfied, issue a final certificate) a final certificate is not a representation that every aspect of the Project has been checked and complies with Building Regulations.
7.2 The liability of the Approved Inspector shall be limited to such sum as would be just and equitable for The Approved Inspector to pay, having regard to the extent of its responsibility for the loss and damage suffered on the basis
a) all other consultants and advisers, contractors and sub-contractors involved in the Project shall have provided contractual undertakings to the Client on terms no less onerous than those set out in this Agreement in respect of the carrying out of their obligations in connection with the Project; and
b) there are no exclusions of or limitations of liability nor joint insurance or coinsurance provisions between the Client and any other party to the Project and that any such other party who is responsible to any extent for the loss or damage is contractually liable to the Client for the loss or damage; and
c) all the parties referred to above, have paid to the Client such proportion of the loss or damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss or damage.
7.3 Any action or proceedings under or in connection with these Terms of Business, the Services or the Approved Inspector ’ appointment as an approved inspector, whether in contract or in tort in negligence or for breach of statutory duty or otherwise and under any circumstances whatsoever or howsoever arising, the total aggregate maximum liability of The Approved Inspector shall be limited to one million pounds (£1,000,000), provided that nothing in these Terms of Business limits liability for death or personal injury caused by negligence; or fraud or fraudulent misrepresentation and provided further that the Approved Inspector shall have no liability to the Client for loss of profit, loss of use, loss of business or any indirect or consequential loss.
7.4 The Approved Inspector shall not have any liability for supervising, or ensuring the performance or adequate standards of workmanship of any contractor or subcontractor appointed in respect of the Works or the Project.
7.5 Economic Loss – Neither party shall under any circumstances whatsoever be liable to the other for any direct or indirect loss of profit, loss of business or anticipated savings or special, indirect or consequential damage suffered by the other Party that arises under or in connection with this Agreement. In the event that we are not able to issue the Final Certificate we shall not be liable for any costs, losses, claims or other expenses that may arise as a consequence of the responsibility for building control passing to the Local Authority or another Approved Inspector.
7.6 The Client shall look only to the Approved Inspector (and not to individuals engaged by the Approved Inspector or to any individual directors of The Approved Inspector ) for redress in respect of the Services covered under these Terms of Business. The Client agrees not to pursue any claims in contract, in tort (including negligence), for breach of statutory duty or otherwise against any such individuals as a result of carrying out its obligations under or in connection with the Services. The Client acknowledges that such individuals are entitled to enforce these Terms of Business pursuant to the Contracts (Rights of Third Parties) Act 1999.
7.7 Unless otherwise agreed our limit of liability will not exceed 10x the value of our fee and in any case £1M. Before signing the appointment you should seek legal advice if you are unsure about any aspect of the limitation of liability.
8.1. The Approved Inspector prides itself on maintaining the highest standard of ethical behaviour and will comply with the Bribery Act 2010 and guidance of the Modern Slavery Act 2015.
8.2 The Approved Inspector will not support or deal with any business knowingly involved in slavery or human trafficking.
8.3 The Approved Inspector reserve the right to decline appointments from companies and individuals involved in the arms trade, gambling or animal testing industries, where this would conflict with our ethical standards.
- Privacy and Data Protection
9.2. We do not use encrypted email and therefore, communications between us are not “private and confidential”. You agree to accept this risk. Further, when we email others on your transaction or matter, we may well copy you in. You agree that your email address can be revealed in this way to all recipients of the email.
9.3. Unless you clearly state otherwise by appointing us you agree for us to name you as being a client of The Approved Inspector Ltd, a company registered in England Company Number 060808615 VAT Number 977 3745 63, and include reference to the this fact in any marketing materials.
9.4. Unless we have otherwise stated in writing to you, our file (or that aspect of the file) will be considered closed 6 months after the last correspondence between us. You authorise us to use external commercial arc hivers for the storage of hard copy and electronic files documents and papers generally. If we retrieve such items from storage at your request or to deal with new matters arising, we reserve the right to charge for such retrieval. We may also charge for reading, correspondence or other work necessary to re-familiarise ourselves with the situation. We scan most documents received and file them electronically, you authorise us to keep some electronic files and documents on our server or other computer equipment indefinitely.
10.1 We have not included to sign or enter into any form of warranty or novation agreement.
10.2 Unless specifically stated, we have not included for attending design team or progress meetings.
10.3 Should it be necessary to request an Extension of Time to the statutory timescales for issuing our Final Certificate, we will apply to the Local Authority on your behalf. Please be aware that the granting of an Extension of Time is at the discretion of the Local Authority and may be refused. This will result in the application being reverted to the Local Authority who will charge an additional reversion fee. The Approved Inspectors will not be liable for these additional fees should the Extension of Time request be refused or you do not agree to the Extension of Time application
10.4. The Initial Notice does not include works which you confirm will be carried out by an installer registered with a competent person scheme and this must be separately certified to the Local Authority. Such works excluded from our services include electrical works to domestic properties, any works carried out under the Gas Safety (Installation and Use) (Amendment) Regulations 2018 and any works in connection with a biomass, oil, renewable heating or other solid fuel installation. We may still require that certificates from the registered installer are evidenced prior to releasing a final certificate.
10.5 In circumstances where designs require complex third party checking of specialist design details (such as CFD modelling) which were not made apparent at the time of quoting, the cost of this is not included within our quote and may be charged separately.
11.1. These Terms of Business apply to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice, or dealing.
11.2. These Terms of Business shall not be varied unless agreed in writing by the Managing Director of the Approved Inspector
11.3. A reference to a statute or statutory provision is a reference to it as amended or re-enacted in the UK.
11.4. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
11.5. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
11.6. The Approved Inspector shall be entitled to assign its rights and benefits under these Terms of Business or sub-contract any part of the Services or any additional services, with the prior approval of the Client. The Client shall not be entitled to assign, sub-contract, delegate, or deal in any other manner with any or all of its rights and obligations under these Terms of Business without the prior written approval of the Approved Inspector .
11.7. Except as set out in the terms no-one has any right to enforce any terms of these Terms of Business under the Contracts (Rights of Third Parties) Act 1999.
11.8. These Terms of Business are subject to the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising in respect of these Terms of Business.