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 (unless agreed otherwise in writing).
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.
2. 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 or £1 million, whichever is the lesser.
4. 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.
5. 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.
6. 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.
Responsibilities of the Client
7. The client shall be responsible for the projects compliance with the Building Regulations and our 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 Principle 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. The client shall make available during normal working hours proper access to the site in order to carry out inspections of work in progress.
15. It is the client’s responsibility to notify AI Ltd at 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.
16. 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.
17. AI Ltd’s appointment shall be terminated and 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.
Payment and Fees
18. All fee quotations provided are valid for 30 days from the date of issue.
19. All fees must be paid in full within seven days of submission of the Initial Notice. Failure to do so will incur additional charges.
20. The Final Certificate will not be issued until any outstanding fees are paid in full.
21. 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.
22. If the client is not satisfied with the performance of the services, they may ask to implement AI Ltd Complaints Procedure, which is available on our website.
23. If considered necessary, AI Ltd reserve the right to request completed works to be uncovered to show compliance with the Regulations.
24. 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.
25. In the event of a dispute arising, AI Ltd reserve the right to refer the application to the Local Authority for enforcement action.
26. 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.
27. AI Ltd have not included to sign or enter into any form of warranty.
28. If the scheme is registered with an approved scheme (i.e. Robust Details), AI Ltd will not check for compliance with the relevant regulation.
29. Unless specifically stated, AI Ltd have not included for attending design team or progress meetings.
30. Unless previously agreed, AI Ltd will not provide copies of our inspection records.
31. Unless noted otherwise, all documentation will be submitted electronically in pdf format.
32. 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.
33. The Initial Notice does not include works which will be carried out by an installer registered with a competent person scheme as this will be separately certified to the Local Authority. The works excluded 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.
34. AI Ltd are not responsible for the supervision of the contractor and cannot accept any liability in respect of the performance and workmanship of the contractor.
35. 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.
37. 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:||£50.00 + VAT|
|Issue of copy documentation||£30.00 + VAT|
|Retrieval of project from archive||£150.00 + VAT|
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|
In circumstances where AI Ltd require third party checking of specialist design details, the cost of this would not normally be included within our quoted fee and will be passed onto the client at face value (the client will be advised of this at the time of appointment or as considered necessary).