TERMS AND CONDITIONS OF SALE

 
  1. The Fee Schedule provided is for the sole purpose of achieving a ‘planning decision’ and/or ‘full plans’ approval from the Planning and/or Building Control Authority and is for the exclusive use of the applicant unless otherwise agreed in writing.
  2. Local authority fees are to be paid directly by the client in all cases.  The client is responsible for ensuring that any fees due to the local district council or other regulatory body are paid in a timely manner.
  3. Home Design Studios will not be liable for any delays experienced as a result of late payments by the client.
  4. The architectural fees include completion of all associated application forms and compilation of supporting documentation identified within the Fee Schedule.
  5. Drawings are supplied in PDF format.
  6. Specialist consultant reports and design details are due for payment immediately prior to instruction.
  7. The ‘Building Regulations’ package includes as standard, office-based support for your nominated building contractor.  This is expressly offered on the basis that the appointed building contractor has the requisite qualifications, skills, and experience to undertake a project of this nature.
  8. Unless specifically agreed in writing we do not undertake project management activities for self-build construction projects where the self-builder has no previous development or contracting history.
  9. Appointed building contractors and their sub-contractors are required to demonstrate adequate ‘contractors all risks’, ‘employers liability’, and ‘public liability’ insurance is in place for the duration of the project and maintained thereafter to ensure continuing cover for the whole term of the liability period. We will not undertake contract administration or project management activities where the selected contractor is unable to demonstrate the requisite commensurate insurance protection for the duration of the contract.
  10. Contracts with design elements will also require that the designing sub-contractor has professional indemnity insurance commensurate with the design remit.
  11. The Principle Contractor is responsible for the implementation of Construction Design Management (CDM) 2015 (as amended) Health & Safety Regulations.  This is a prerequisite for appointment, contractors that are unable to provide appropriate health and safety documentation will not be considered for the contractor selection process.
  12. Where appointed, coordination of construction activities is the sole responsibility of the project manager (or his representative) in conjunction with the appointed building contractor.
  13. Prior to appointment of a building contractor it is the client’s responsibility to satisfy themselves that they and their appointed contractors, and their subcontractors have appropriate insurance protection in place for the project.
  14. The client is responsible for ensuring that health and safety obligations have been satisfied and that the appointed contractor(s) have prepared and implemented an appropriate health and safety file for the construction project.  Clients are strongly advised to seek specialist assistance from an appropriately accredited advisor.
  15. The Health & Safety Executive introduced the ‘Construction (Design & Management) Regulations 2015’ (CDM).  These regulations mean that virtually everyone involved in a construction project including domestic clients and principle contractors now have legal duties under CDM 2015.  As a client appointing or entering into a contract with a building contractor (anyone who has construction work carried out for them) has a responsibility to make sure their project is suitably managed to ensure the health and safety of all who might be affected by the work, including members of the public.  More information can be found on the government Health and Safety Executive’s website by following this link.  http://www.hse.gov.uk/construction/cdm/2015/responsibilities.htm . In response to this recent legislation we will include relevant ‘designers’ health and safety information with  building regulations design detail.  The ‘Principle Contractor’ is responsible for the production and implementation of the Construction Phase Health and Safety Plan.
  16. Unless Home Design Studios are contractually appointed to project manage a development, coordination of day to day construction activities is the sole responsibility of the client and/or their appointed building contractor.
  17. Any deviation from the approved architectural, structural drawings, or supporting documentation may invalidate any insurance claims or implied warranties, and may also invalidate planning consent and/or contravene building regulations.
  18. Unless otherwise noted the Fee Schedule does not make specific provision for site visitations during the build operations, if requested by the client then this would be charged at the rate of £75 for each hour of site attendance. (Please note there is a minimum charge of £75 inclusive of travel).
  19. We have not made provision to provide a ‘Bill of Quantities’, ‘Schedule of Works’ or specification documentation other than that necessary for inclusion within the building regulations drawings in order to achieve ‘full plans’ approval.
  20. Please note that where proposed foundations fall within 3m of an adopted sewer pipe or access chamber then a ‘build over or near to a public sewer’ agreement will normally be required by the local water authority and will incur an additional fee payable directly to the issuing authority.  In this circumstance it will be necessary to conduct a drainage survey, obtain buried asset mapping records, and produce sectional and plan drawings to establish the impact of a proposed development on the foul water infrastructure.  In some cases structural engineers fees may also apply for production of associated calculations and design detail where a structural ‘build over’ foul pipe work is necessary.  This will be assessed and determined by the local water authority following completion of the building regulations drawings.  Notification of any additional fees will be advised and agreed prior to implementation.
  21. The local Planning and Building Control Authorities have complete. autonomy and may at their discretion request specialist surveys, reports, or other design calculations to assist in determining a planning application and building regulations approval.  Some examples are; Flood Risk Assessment (FRA), surface water drainage scheme, arboriculture survey, bio-diversity study, land contamination report, Land and Visual Impact Assessment LVIA, Heritage Statement, thermal qualification (SAP/EPC), fire risk assessments, resistance to the passage of sound.  This is not an exhaustive list, unless otherwise noted on the Fee Schedule we have not made provision for any specialist/engineer’s reports.  Should a specialist report/survey(s) be requested we will advise the associated fee(s) and await your instruction.
  22. Structural calculations and associated design drawings will be required for any supporting beams, roof designs, foundations and floor slab details, pile foundations, block and beam floors, and raft foundations.  These will be advised on completion of the building regulations drawings and are to be paid directly to the appointed structural engineer.
  23. We have not made provision within this proposal to perform any development ground investigation works or the procurement of an associated interpretive report.  The ground conditions, site history and other influencing factors are to be assumed unknown in the absence of any current site specific investigative reports.  Ground conditions, infiltration rates, porosity and the presence of trees within the zone of influence will determine the type of foundation detail necessary to achieve Building Control approval.  ‘Pile’ foundations are sometimes employed in situations where the exposed ground conditions reveal an unsound foundation bed, or the potential for ground heave, this type of foundation is significantly deeper than conventional foundation design and so can prove more expensive.   Without the benefit of an interpretive report we have assumed ground conditions are suitable for simple mass concrete foundations.  Should excavation work (or other information be presented to) suggest this type of foundation is unsuitable we will refer to the building inspector for decision and structural engineer to advise the fee for an alternative foundation design detail.
  24. Home Design Studios levies a management and administration fee for procurement of structural design detail, design review, and to act as intermediary with structural engineer, building inspector, building contractor, and client.  The administration fee is noted on the Fee Schedule.
  25. We have not made provision for any design or administrative works associated with buried or hidden services or any other concealed anomalies not identified within the Fee Schedule.
  26. It is the responsibility of the developer to undertake all procurement works associated with the provision of all new utilities and drainage services.  Unless otherwise noted our Fee Schedule assumes that a new or existing ‘soakaway’ drainage system will connect to the new rainwater systems negating the need to utilise combined foul and rainwater drainage.
  27. Where a proposed development is within 3m of a neighbouring structure then a ‘Party Wall Agreement’ is normally required.  This can either be arranged with a chartered surveyor, legal representative, or directly with the owner of the neighbouring property(s).  We can provide you with helpful literature and contact details of a local surveyor should you require this service.  Please note that Home Design Studios does not accept any responsibility or liability in connection with party wall agreements.
  28. It is the responsibility of the client to appoint an NHBC, AEDIS (or similarly) accredited Construction Company to provide a structural warranty, or otherwise engage the services of the LABC in collaboration with the appointed building contractor.  We have not made provision within our Fee Schedule to procure this service on your behalf.
  29. We have not made provision for the design and specification of mechanical, electrical, data, or plumbing and heating systems (with exception to above and below ground drainage) unless otherwise noted on the Fee Schedule.  It is the responsibility of the client to appoint an NICEIC (or equally) accredited electrical contractor, and Gas Safe registered heating engineer.
  30. It remains the clients responsibility to identify and discharge any restrictive covenants or other property related legal considerations that may influence a proposed development.  This includes the zone of influence of a protected species, and utility services. 
  31. Please note that progression to the Building Control phase is accepted on the mutual understanding that the design as approved by the grant of an associated planning consent (or completion of the ‘design phase’ determined by instruction to proceed to ‘building control phase’) is ‘frozen’.  Any changes to the design whether internal or external features will incur additional architectural fees.  Minor changes may also require a ‘non-material amendment’ planning application.  A proposed change that would alter the shape or profile may invoke a resubmission of a planning application.  In all cases the local planning authority will make the determination.  Local authority, architectural and administrative fees will be notified prior to implementation.
  32. Changes to the building regulations drawings requested by the client whether in progress or at completion will incur an additional fee to be notified prior to implementation.
  33. We have not made provision for any items not specifically mentioned within the Fee Schedule.
  34. Payment terms are notified on the Fee Schedule.
  35. We do not store client payment information nor do we share details with any third parties.
  36. Cancellation of orders must be submitted in writing to: Home Design Studios, 17 Bainton Road, Bucknell OX27 7LT or by email to sales@homedesignstudios.co.uk  Please note that there will be a pro-rata charge for any works already done up to and including the cancellation date. This may also include local district council authority or other third party fees where these are non-refundable.  Home Design Studios will provide a full refund of all fees paid for works that have not been implemented or incurred cost.  Refunds are typically processed within seven days of receipt of cancellation.
  37. ‘Home Design Studios’ is a Trading Name of ‘Construction Sector Services Ltd.’
  38. All fees are subject to VAT at the prevailing rate at point of invoice (with exception to local authority planning fees).