Approved Inspectors Ltd.’s (AI Ltd) standard terms and conditions are set out below and apply to all projects to which AI Ltd is appointed.
Full terms of business are as provided in the CIC/ACAI Contract for the Appointment of an Approved Inspector (Third Edition 2020).
Responsibilities of AI Ltd
1. AI Ltd shall carry out the Services and any Additional Work with reasonable skill, care and diligence in accordance with the CIC/ACAI Contract for the Appointment of an Approved Inspector (Third Edition 2020). Notwithstanding any other provision of this contract AI Ltd shall have no greater obligation under or in connection with this contract than to exercise reasonable skill, care and diligence.
2. AI Ltd shall exercise reasonable skill, care and diligence in performing the Services and any Additional Work to have regard to the Construction Industry Council Code of Conduct for Approved Inspectors and where possible to any programme for the project (as amended from time to time and provided to AI Ltd in writing).
3. AI Ltd shall take such steps as are reasonable to enable it to determine that a Final Certificate can be issued, and if so determined, it shall issue a Final Certificate. Any Final Certificate is based on the information and documents provided and the Services and Additional Work performed and is not a representation that every aspect of the project complies with the Building Regulations and/or conclusive proof of the Project’s compliance with the Building Regulations.
4. AI Ltd shall, provided it is available at commercially reasonable rates, 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), subject to any limitations, exceptions and/or exclusions from cover as are commonly included in professional indemnity insurance and public liability insurance policies. At the date of this contract evidence as to whether these insurances are being maintained is available upon request or can be found in the CIC Approved Inspectors’ Register (published at https://www.cicair.org.uk/approved-inspectors-register/).
5. Unless notified otherwise, AI Ltd.’s services will include the following:
- Initial Notice – Submit an Initial Notice(s) to relevant local authorities and copy to the Client.
- Assessment of Plans – Undertake an assessment of plans for compliance and communicate to the Client observed non-compliance with the Building Regulations, conditions pertaining to the approval or passing of plans and remedies available in the event of a dispute over compliance. Maintain appropriate records of the design assessment process.
- Statutory Consultations – Consult with the fire authority and forward observations to the Client. Undertake all other statutory consultations forming part of the Statutory Functions and forward observations of consultees to the Client. Consider the desirability of undertaking additional consultations and communicate to the Client any consultees’ observations or advice beyond the scope of the Building Regulations. Alert the Client to provisions of legislation outside the Building Regulations believed to be relevant.
- Inspection Notification Framework – Prepare an Inspection Notification Framework (INF) and if requested provide a copy to the Client. Adopt an appropriate site inspection regime taking account of relevant factors, and keep under review. Make inspection of the site to observe compliance with the Building Regulations. Maintain appropriate records of site inspections, identifying the work inspected and any observed non-compliance. Communicate any observed contraventions of the Building Regulations. Notify observed significant departures from plans to consultees. Consider the need for tests, throughout construction and at completion, inform the Client of the requirements; witness tests and receive certificates as appropriate. Request copies of such plans as are necessary in relation to the commissioning of services prior to issue of a Final Certificate(s).
- Final Certificate – Having taken reasonable steps to be satisfied that the whole or part of the works forming part of the Project has been completed for Building Regulations purposes, issue a Final Certificate(s) and send to the Client. If requested by the Client, provide a list of inspections carried out. Retain statutory records for an appropriate period.
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 AI Ltd before the expiry of that period.
7. If considered necessary, AI Ltd reserve the right to request completed works to be uncovered to show compliance with the Regulations.
Responsibilities of the Client
8. The Client and not AI Ltd shall be responsible for the Project’s compliance with the Building Regulations. The Services do not include and AI Ltd is not responsible for i) confirming whether the Building Regulations have been complied with, and/or ii) advising the Client and/or managing the Project to ensure that compliance with the Building Regulations is achieved. Site inspections carried out by AI Ltd during construction are to ‘verify and audit’ the works on site and observe whether at the time of inspection compliance with the Building Regulations is being met. AI Ltd do not provide ‘quality control’ or a guarantee of compliance, both of which are the responsibility of the client and contractor. It is the client and contractor who carry prime responsibility for compliance with the regulations and the quality of the finished product.
9. The client must ensure no works are to commence on site until five working days after the submission of the Initial Notice.
10. 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.
11. 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.
12. 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.
13. The Client shall provide such information, documents and assistance as AI Ltd reasonably requires or requests from time to time in order to facilitate the timely provision of the Services and any Additional Work.
14. The Client shall be responsible for safe access to the Project being provided when AI Ltd reasonably requires it and shall procure such access and certification from any consultant, contractor or sub-contractor as is reasonably requested by AI Ltd.
15. 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.
16. 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 cancellation 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.
17. 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 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.
18. 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.
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 sewerage 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. AI Ltd shall notify the Client in writing as soon as we become aware that any additional work will be required, because of:
- Changes in the design, size, scope or complexity of the Project;
- Changes in the timing or programming of the Project;
- A failure by the Client to comply with its obligations under this contract;
- Additional meetings and/or visits and/or other work is required; and/or
- Any change in law (including without limitation any change in the Building Regulations and/or the Building Act 1984).
The Client shall pay AI Ltd for any Additional Work and/or if due to circumstances outside AI Ltd.’s control there are any changes in the timing or programming of the Services and/or and additional work.
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.
26. In the event that any sum is not paid on or before the final date for payment AI Ltd shall be entitled to:
- Suspend performance of all or any part of the Services by giving 7 days’ notice in writing and recover all reasonable costs incurred in connection with the suspension of the Services; and/or
- Terminate the contract by giving 14 days’ notice.
27. The Final Certificate will not be issued until any outstanding fees are paid in full.
Limitations of Liability
28. AI Ltd.’s total liability under or in connection with this contract (whether in contract, in tort (including negligence), for breach of statutory duty or otherwise) including without limitation interest and legal costs shall be limited to 10 x the fee.
29. Without prejudice to any other exclusion or limitation of liability, damages, loss, expenses or costs, the liability of AI Ltd for any loss or damage (‘the loss or damage’) under this contract shall be limited to that proportion as it would be just and equitable for AI Ltd to pay having regard to the extent of its responsibility for the loss or damage on the assumptions that:
- all other consultants, contractors, subcontractors, and advisers engaged in connection with the Project have provided contractual undertakings no less onerous than those in clause 3.1 (in the CIC/ACAI Contract for the Appointment of an Approved Inspector) to the Client in respect of the carrying out of their obligations in connection with the Project;
- there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Client and any other party referred to in this clause and 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 the parties referred to in this clause 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.
30. AI Ltd shall not be responsible for the supervision of any contractor or subcontractor and/or for ensuring the performance or adequate standard of workmanship of any contractor or subcontractor. AI Ltd shall not be liable under or in connection with this contract for or as a result of any work and/or services provided by and/or any act or omission of any third party (including without limitation any contractor, consultant or sub-contractor).
31. The Client agrees not to pursue any claims under or in connection with this contract (whether in contract, in tort (including negligence), for breach of statutory duty or otherwise) against any individuals engaged by AI Ltd or any individual directors or members of AI Ltd. The Client acknowledges that such individuals are entitled to enforce this clause pursuant to the Contracts (Rights of Third Parties) Act 1999.
32. AI Ltd.’s liability under or in connection with this contract shall be limited to the exercise of reasonable skill, care and diligence and the Approved Inspector shall not be liable unless it has failed to exercise such skill, care and diligence.
33. 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 saving or special, indirect or consequential damage suffered by the other Party that arises under or in connection with this contract.
34. No action or proceedings under or in respect of this contract whether in contract, in tort, in negligence, for breach of statutory duty or otherwise shall be commenced after the expiry of six years from the date of completion of Services or the termination of this contract if earlier.
Termination and Discharge
35. The Client may terminate this contract forthwith by written notice to AI Ltd if:
- AI Ltd is in material breach of its obligations under this contract and has failed to remedy the breach within 28 days of the date of a notice of the breach from the Client; or
- AI Ltd becomes insolvent.
36. AI Ltd may terminate this contract forthwith by written notice to the Client if;
- The Client is in material breach of its obligations under this contract and has failed to remedy the breach within 28 days of the date of a notice of the breach from AI Ltd;
- AI Ltd reasonably believes that it will not be in a position to issue a Final Certificate;
- The Client becomes insolvent;
- AI Ltd considers that there is a conflict between its obligations under this contract and the Statutory Functions;
- AI Ltd considers that it is necessary to cancel the Initial Notice under Section 52(1) of the Building Act 1984;
- AI Ltd reasonably believes that it is impossible or impracticable to perform the Services as a result of any circumstances for which AI Ltd is not responsible; and/or
- AI Ltd is unable to maintain professional indemnity insurance and public liability insurance in compliance with the guidelines issued by the Department for Communities and Local Government (or any successor Department responsible for the Building Act 1984).
37. Following any notice of termination by AI Ltd or the Client, AI Ltd is entitled to:
- Write to the relevant Local Authority (with a copy to the Client) cancelling the Initial Notice, in which case the approved inspector’s functions will revert to the relevant Local Authority and AI Ltd will be discharged from all requirements to complete the Services or any Additional Work; and/or
- At AI Ltd.’s discretion, issue a Final Certificate in respect of part of the works forming part of the Project.
38. If this contract has been terminated, the Client shall pay AI Ltd any instalments of the fee due up to the date of termination together with a fair and reasonable proportion of the next instalment of the Fee commensurate with the Services performed, sums payable in respect of any Additional Work performed by AI Ltd prior to the notice of termination and, following termination under clauses 26 and/or 36, any costs or expenses incurred by AI Ltd as a result of the termination. Termination of this contract shall not affect any rights or remedies of the Client or AI Ltd which exist at the date of termination.
39. 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.
40. If the Client is not satisfied with AI Ltd.’s performance of the Services or any Additional Work, it may ask AI Ltd to implement AI Ltd.’s complaints handling procedure, a copy of which is available to download from our website or on request. The operation of AI Ltd.’s complaints handling procedure does not affect the Client’s right to refer a dispute to the courts. The Client and AI Ltd shall consider in good faith whether any dispute or difference between them is suitable for resolution by mediation, and if so, shall take the appropriate steps with a view to resolving the dispute or difference by mediation.
41. No-one has any right to enforce any term of this contract under the Contracts (Rights of Third Parties) Act 1999, except as set out in clause 3-13.5 of the CIC/ACAI Contract for the Appointment of an Approved Inspector (Third Edition 2020). It is agreed and acknowledged that AI Ltd shall not be required to enter into any collateral warranties with any third parties, provide any letters of reliance and/or grant any rights to any third parties under or in connection with this contract.
42. Neither party may assign its rights and/or benefits under this contract without the prior written consent of the other Party. AI Ltd may subcontract any part of the Services and any Additional Work.
43. AI Ltd shall not be responsible or liable for any delay in issuing the Final Certificate and shall not be responsible or liable for any additional fees that are payable to the relevant Local Authority and/or any other costs, as a result of AI Ltd being unable to issue a Final Certificate at any time, The Client shall not (and shall ensure that a third party shall not) take possession of the works forming part of the Project and/or issue any certificate of completion under the building contract in respect of the works forming part of the Project, unless the Final Certificate has been issued.
44. In the event of a dispute arising, AI Ltd reserve the right to refer the application to the Local Authority for enforcement action.
45. If the scheme is registered with an approved scheme (i.e., Robust Details), AI Ltd will not check for compliance with the relevant regulation.
46. Unless specifically stated, AI Ltd have not included for attending design team or progress meetings.
47. Unless noted otherwise, all documentation will be submitted electronically in pdf format.
48. 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 fee. AI 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.
49. 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.
50. The Client and AI Ltd can give notice to each other in writing under this contract by personal delivery. They can also give notice by post, in which case delivery is effective two working days after posting. Notices must be sent to the address at the bottom of this letter or any other address notified by the Party.
51. The intellectual property rights in all documents produced by AI Ltd under this contract (‘Documents’) shall vest or remain vested in AI Ltd. The Client shall have a revocable, non-exclusive, terminable, royalty free license to use the Documents for the purpose for which they were prepared and AI Ltd shall not be liable for the use of any of the Documents for any purpose other than that for which they were prepared.
52. Whatever the date of this contract, it shall have effect as if it had been signed on the date when AI Ltd commenced the Services.
53. Further information regarding the Building Regulations process can be found in the Manual to the Building Regulations.
55. For clarification regarding any of the terms and conditions please email firstname.lastname@example.org
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|