Approved Inspectors Ltd’s (AI Ltd) standard terms and conditions are set out below and apply to all projects to which AI Ltd are appointed.
Responsibilities of AI Ltd
1. AI Ltd shall carry out the services listed with reasonable skill, care and diligence in accordance with ‘The Construction Industry Council-Association of Consultant Approved Inspectors Contract for the Appointment of an Approved Inspector under the Building Act 1984 Second Edition 2013’. A copy of this document is available on our website or you may request a paper copy.
3. AI Ltd 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, shall issue a Final Certificate. The Final Certificate is not a representation that every aspect of the project complies with the Building Regulations.
4. AI Ltd shall maintain professional indemnity insurance and public liability insurance in compliance with the guidelines issued by the Ministry for Housing, Communities and Local Government (or any successor department responsible for the Building Act 1984). Evidence of these insurances can be provided upon written request.
5. Unless notified otherwise, AI Ltd’s services will include the following:
- Submission of the Initial Notice to the local authority.
- Assessment of submitted plans for compliance with the building regulations.
- Formal consultations with the fire service and statutory undertakers (as appropriate).
- Inspection of works in progress to verify compliance with the building regulations.
- Provision of a final certificate when we are satisfied the works comply with the requirements of the building regulations.
6. In cases where the proposed works involve building within 3m of an adopted sewer, and/or making a new connection to an adopted sewer, in accordance with Regulation 13 of The Building (Approved Inspectors etc.) Regulations 2010 we are required to consult with the relevant statutory sewerage undertaker. To allow us to make this consultation we will require sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1 to the Principal Regulations. A Final Certificate will not be issued until 15 days have elapsed from the date of the consultation, unless they have expressed their views to the Approved Inspector before the expiry of that period.
Responsibilities of the Client
7. The client shall be responsible for the project’s compliance with the Building Regulations and the services do not include advising the client or managing the project to ensure that compliance is achieved.
8. The client must ensure no works are to commence on site until five working days after the submission of the Initial Notice.
9. Prior to commencing any work on site, the client should ensure that all necessary permissions are in place, including planning permission if required for the proposed development.
10. The client shall be responsible for checking if the work is notifiable under the Construction Design and Management (CDM 2015) Regulations. If the work is notifiable you will need to ensure that a suitably qualified Principal Designer is appointed prior to works commencing on site.
11. The client is responsible for complying with the requirements of the Party Wall etc Act 1996 including determining if a notice needs to be served.
12. The client shall supply such information requested by AI Ltd at such times as is reasonably required for the delivery of the services.
13. It is the client’s responsibility to contact AI Ltd to inform us that works are due to commence and at each key stage as listed in the Inspection Notification Framework (INF). The INF is not a list of actual inspections that will be carried out and does not reflect the number of inspections that may be carried out.
14. For active projects the client must contact AI Ltd, by phone or email, at least once every 28 days with an update on the progress of the project. For non-active projects the client must contact AI Ltd, by phone or email, at least once every 3 months. Failure to maintain contact could result in the cancelation of the Initial Notice. Should it be necessary to cancel the Initial Notice, AI Ltd 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. In addition, the fee which has been paid will not be refunded.
15. The client shall make available during normal working hours proper access to the site in order to carry out inspections of work in progress.
16. It is the client’s responsibility to notify AI Ltd at completion of work or when the works become occupied to enable us to carry out a final inspection. Regulation 17 of the Approved Inspector Regulations state that if a Final Certificate is not issued within 8 weeks of occupation or substantial completion (domestic projects) or within 4 weeks of occupation or substantial completion (projects were the RRO applies) the Initial Notice shall cease to be in force. Should the Initial Notice cease to be in force as a result of the client’s failure to inform us within the above timescales we will not be held liable for any costs associated with the reversion of the project to the Local Authority.
17. If the client materially breaches their obligations under this agreement or fails to respond to any notification of a breach of Building Regulations, AI Ltd may serve on the client a notice specifying the breach and requiring it to be remedied within three months. If the client fails to remedy that breach within that period AI Ltd may terminate this agreement by giving written notice to the client. This would also result in the Initial Notice being cancelled.
18. AI Ltd’s appointment shall be terminated and the Initial Notice cancelled if the client fails to provide information or the reasonable opportunity for site inspections such that AI Ltd is unable to satisfy itself as to the reasonable compliance of the project with the Regulations within the normal statutory timescales. Should it be necessary to cancel the Initial Notice, AI Ltd 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. In addition the fee which has been paid will not be refunded.
19. In cases where the proposed works involve building over an existing utility (e.g. gas, electricity), it is the client’s responsibility to consult with the relevant utility provider prior to the work commencing.
20. If following the consultation with the statutory sewage undertaker a build over agreement is required, it is the client’s responsibility to consult with the relevant statutory sewerage undertaker regarding the agreement.
Payment and Fees
21. All fee quotations provided are valid for 30 days from the date of issue.
22. Our quotations presume that all works covered under the Initial Notice will take place at the same time. If during the course of the project the work changes to be phased, AI Ltd shall be entitled to charge additional fees for any additional inspections required. If your work is to be phased from the outset, please inform us at quotation stage so a phased quote can be provided.
23. If, in AI Ltd’s reasonable opinion, the scope of the works upon which the fee was calculated materially changes then AI Ltd shall be entitled to charge an additional payment which shall be calculated as the difference between the fee which AI Ltd would have charged and the revised fee after consultation with the client.
24. If the design is outside the scope of the Approved Documents and we consider it necessary to obtain specialist advice from a third party (e.g. Structural Engineer, Fire Engineer, M&E specialist etc) unless our fee quote has specifically included for third party checks, the client will be liable for the cost of the third party’s fees. Should this occur, we will inform the client as soon as practicable and provide an estimate of the associated additional costs. Once the additional costs are agreed and the invoice paid, we will arrange for the necessary checks to be carried out.
25. All fees must be paid in full within seven days of submission of the Initial Notice. Failure to do so will incur additional charges.
26. The Final Certificate will not be issued until any outstanding fees are paid in full.
27. Unless agreed otherwise, all invoices are subject to the following:
- If an invoice remains unpaid without challenge for 30 days from issue, AI Ltd may charge £50.00 + VAT charge to cover our additional costs incurred in pursuing payment.
- If an invoice remains unpaid without challenge for 60 days from issue, AI Ltd may suspend service in relation to the project by notification to the client in writing.
- If an invoice remains unpaid without challenge for 90 days from issue, AI Ltd may formally terminate involvement with the project and cancel the Initial Notice. AI Ltd accept no liability for any costs, damages, delay, expenses, fees, works etc. that arise out of such a cancellation of the Initial Notice.
Limitations of Liability
28. For limitations of liability refer to clause 3.13 of ‘The Construction Industry Council-Association of Consultant Approved Inspectors Contract for the Appointment of an Approved Inspector under the Building Act 1984 Second Edition 2013’. Unless stated otherwise the total limit of the Approved Inspector’s liability to the Client is 10 x the fee.
29. 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.
30. Further and notwithstanding anything to the contrary contained in these terms and conditions and without prejudice to any provision in these terms and conditions whereby liability is excluded or limited to a lesser amount, the liability of AI Ltd, if any, for any loss or damage (“the loss or damage”) in respect of any claim or claims shall not exceed such sum as it would be just and equitable for AI Ltd to pay having regard to the extent of AI Ltd’s responsibility for the loss or damage and on the assumptions that:
- 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 these terms and conditions in respect of the carrying out of their obligations in connection with the Project; and
- 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
- all parties referred to in (i) 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.
31. If the client is not satisfied with the performance of the services, they may ask to implement AI Ltd’s Complaints Procedure, which is available on our website.
32. If considered necessary, AI Ltd reserve the right to request completed works to be uncovered to show compliance with the Regulations.
33. 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.
34. In the event of a dispute arising, AI Ltd reserve the right to refer the application to the Local Authority for enforcement action.
35. AI Ltd do not provide a structural design service and do not provide detailed drawings. If required we would be pleased to suggest a suitably qualified Structural Engineer or Architect.
36. AI Ltd have not included to sign or enter into any form of warranty.
37. If the scheme is registered with an approved scheme (i.e. Robust Details), AI Ltd will not check for compliance with the relevant regulation.
38. Unless specifically stated, AI Ltd have not included for attending design team or progress meetings.
39. Unless noted otherwise, all documentation will be submitted electronically in pdf format.
40. Initial Notices are valid for three years. Should the work not commence within three years of the date of the Initial Notice, we reserve the right to cancel the Initial Notice. Should a client wish to proceed with the project after the Initial Notice has been cancelled it will be necessary to submit a new Initial Notice.
41. Should an Extension of Time request be required 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. Approved Inspectors Ltd 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.
42. The initial Notice excludes works stated within Schedule 3 of the Building Regulations 2010 (common excluded works are electrical work to domestic properties, work involving gas appliances and any works in connection with a biomass, oil, renewable heating or other solid fuel installation). These works must be carried out by an installer registered with a competent person scheme and separately certified to the Local Authority.
43. AI Ltd shall not be responsible for or have any duty of liability in connection with the supervision of any contractor or sub-contractor, nor shall AI Ltd have any responsibility, duty or liability as a result of or in connection with the performance of any contractor or sub-contractor or any contractor or sub-contractor’s standard of workmanship.
44. Site inspections carried out by AI Ltd are to verify and audit the works on site and ensure at the time of inspection compliance with the Building Regulations. We are not providing quality control or a guarantee of compliance, both of which are the responsibility of the contractor.
45. Further information regarding the Building Regulations process can be found in the Manual to the Building Regulations.
47. For clarification regarding any of the terms and conditions please email email@example.com
AI Ltd reserve the right to make the following additional charges:
|Amendment notice to the local authority:||£50.00 + VAT (plus fee for additional inspections will be notified in writing)|
|Initial Notice Cancellation to the local authority:||Minimum 25% of total fee + VAT|
|Extension of Time request to the local authority:||£150.00 + VAT|
|Issue of copy documentation||£30.00 + VAT|
|Retrieval of project from archive||£150.00 + VAT|
|Additional site inspections||£100.00 + VAT per visit|
Failure to notify AI Ltd of the completion of work:
|Necessitating additional correspondence||£50.00 + VAT|
|Resulting in aborted/additional site inspections||£100.00 + VAT per visit|