Terms of Appointment

To be read in conjunction with any Appointment Agreement, Fee proposals & quotes for services issued.

General Terms

Fees & Project Costs

Fees are divided into stages corresponding to the RIBA Plan of Works 2020 and grouped into three phases, each taking the project to key milestones. Refer to Schedule of Services for more detail.

Time Charges

Time charges for any additional fees shall be calculated based on the hourly rates set out in the corresponding fee proposal.

Expenses & Disbursements

Expenses and disbursements incurred in connection with this agreement will be charged as additional to fees. Expenses and disbursements not included as part of the fee proposal relate to items such as (but not limited to) printing, travel, postage, photography and hard copies of any information.

A discretionary 10% may be added to any expenses and disbursements incurred by the Architect.

Pre-Application Planning Advice

If pre-application planning advice is required, a time charge will be applied based on the hourly rates included as part of the Contract Details.

Payment

Fees for Phase 1 shall be invoiced at the end of each stage (refer to Schedule of works for definition of completion for each stage). Time charges and expenses shall be invoiced at the same time as the corresponding stage.

Stages that last for longer than 1 month may be invoiced at the end of each month as a percentage of the stage, based on time spent to date. A payment schedule for fees relating Phases 2 and 3 shall be issued with the corresponding fee proposal.

VAT

VAT will be applied at the standard rate where applicable.

Additional Costs & Information

Planning Application Fee

This is the fee charged by the local planning authority when a planning application is submitted. The cost will depend on the scope of the proposed development. More complex projects, particularly relating to the creation of new independent accommodation, may have a higher fee. More detailed information can be viewed via the Planning Portal website.

Building Regulations Application Fee

This is the fee charged by the local planning authority, or independent approved building inspector, when an application for building regulations approval is submitted. The cost will depend on the scope of the works, and within the Stroud area generally starts at around £500 for a small extension or loft conversion and can be up to £1,000 for larger or more complex developments.

More information on building control fees can be found on the local planning authority website.

Structural Engineer Fee

A structural engineer will be required to produce structural design drawings and calculations for the building regulations application. The information provided by the structural engineer will also be required to facilitate the production of the technical design drawings and construction information. The fee for a structural engineer will depend on the scale and complexity of the proposed design. Most small scale straight forward projects will have a fee starting at around £1,000 (plus VAT), whilst the larger and more complex projects can be over £4,000 (plus VAT).

Party Wall Agreement

If the proposed works might affect a party wall or party structure, such as an internal wall between two properties or any structure that sits over the property boundary, it is generally advised that a party wall surveyor is appointed. The Party Wall etc. Act 1996 grants the owner of a property the legal right to carry out certain works to a party wall or party structure. It also seeks to project the adjoining owners from any adverse effects that such works might be at risk of causing by imposing a requirement that all adjoining owners are given prior notice of any relevant works.

If a party wall agreement is required, the fee will vary depending on the individual fee structure of the appointed surveyor and the complexity of the appointment. Costs start from around £1,000 (plus VAT) per agreement. If more than one adjoining property is affected by the works, each adjoining property may require an individual agreement. More information on party wall requirements can be found at GOV.UK.

Construction (Design and Management) Regulations 2015 (CDM)

CDM regulations are intended to ensure that health and safety issues are properly considered during the project development process to minimise risk to any person involved with the construction and maintenance of the structure. With most domestic projects there are two main roles responsible overseeing key project stages in relation to CDM requirements.

Principal Designer - responsible for the pre-construction phase of the project development. On domestic projects if the client does not appoint a Principal Designer, responsibility is generally given to the designer/Architect in control of the pre-construction phase. If Pip Phillips Architecture & Design is required to take on the role of Principal Designer, a fee of 10% will be added to each invoice relating to fees for services provided as detailed in the fee proposal and Schedule of Services, unless agreed otherwise.

Principal Contractor - responsible for the construction phase of the project. This role is usually taken on by the main contractor.

Contract Conditions

Definition of Terms

Architect: the person or organisation that the Client appoints to perform the Services. Basic Fee: the fee for services excluding VAT and any additional costs, expenses or disbursements etc.

Client: the person who is in receipt of the contracted services as set out in the Contract Details and Schedule o fServices. This includes any Client Representative where one is appointed by the client with full authority to act on behalf of the Client for all purposes in connection with the matters set out in this contract, unless advised to the contrary.

Construction Contract: the contract between the Client and the Contractor(s) appointed to carry out the construction of the project.

Contract Administrator: the party referred to as the Contract administrator and who is responsible for administering the terms of Construction Contract. This will often be the Architect.

Contractor(s): the party referred to as the Contractor in the Construction Contract.

Other Consultants: any client appointed consultants that are not the Architect.

Project: as described in the Project Brief.

Schedule of Services: the schedule detailing the Services and additional services to be undertaken in relation to the Project.

Services: the agreed services detailed in the Appointment Agreement, Fee Proposal or any other quote for architectural services.

1. Client’s Responsibilities

1.1. The Client shall:

1.1.1. inform the Architect of the project brief in a timely manner and as soon as reasonably practicable any subsequent changes required.

1.1.2. provide the Architect, free of charge and in a timely manner, with any information in the client’s possession, or which is easily obtainable by the client, relating to the site and/or project brief that the Architect advises may be necessary to effectively perform the agreed services.

1.1.3. make decisions and provide approvals relating to the project in a timely manner necessary for the proper and timely performance of the Services.

1.1.4. appoint other consultants necessary for the proper and timely performance of the Services as advised by the Architect.

1.1.5. hold any Other Consultants, not the Architect, responsible for services/works for which they have been appointed.

1.1.6. hold any Contractor(s), not the Architect, responsible for services/works for which they have been appointed as detailed in the Construction Contract.

1.1.7. not deal directly with Contractor on matters relating to the Construction Contract, where Architect is appointed as Contract Administrator.

1.1.8. not hold architect responsible for any instructions issued directly by the client to any other consultants or contractor(s).

1.1.9. pay any fees, charges, expenses or dismemberments in relation to any statutory consents.

1.2. The Client acknowledges that the Architect does not warrant:

1.2.1. that planning permission or any other statutory permissions shall be granted at all, and if granted within any relevant timescale.

1.2.2. the performance, competence, solvency or workmanship of and Other Consultants or Contractor(s)

1.3. The client agrees to pay any invoices issued by the Architect for fees, expenses and/or dismemberments in accordance with the payment schedule and the terms stated on the invoice.

1.4. The client agrees that the Architect shall not be responsible for the accuracy of any drawings and information provided by any client appointed consultants and contractor(s), including drawings and information provided by the client.

1.5. The Client is responsible for appointing a Principal designer in relation to Construction (Design and Management) Regulations 2015 (CDM) and if the Architect is required to take on the role of Principle Designer, the Client agrees to pay any associated additional fees as quoted.

2. Architect’s Responsibilities

2.1. The Architect shall perform the agreed services with the care, skill, diligence and expertise expected of an Architect experienced in the delivery of such services for a project of a similar scale and complexity.

2.2. The Architect shall:

2.2.1. perform the agreed services with due regard to the Project Brief

2.2.2. inform the Client of any changes in circumstance that may materially affect the Project Brief or estimated timescales

2.2.3. hold the appropriate level professional indemnity insurance as specified by the Architects Registration Board

2.3. On the date of this agreement, the Architect shall be registered with the Architects Registration Board (ARB) and is subject to the ‘The Architects Code: Standards of Professional Conduct and Practice7 as specified by the ARB.

3. Fees

3.1. The fees for performance of services as set out in section A of the Summary of Agreement shall be based on an agreed scope detailed in the Project Brief.

3.2. The Basic Fee may be increased if:

3.2.1. there is a significant change to the scope as detailed in the project brief which requires an increase in the level of services

3.2.2. any unforeseen circumstances arise in relation to the existing building that led to an unplanned increase in design complexity

3.2.3. any unforeseen circumstances arise in relation to the statutory context of the project that require additional services, drawings or information above and beyond the typical scope of a similar project.

3.3. Meetings included in the Basic Fee are indicated in the Schedule of Services as Fees, and any additional meetings will be charged at an hourly rate.

4. Copyright & Licence

4.1. The Architect shall own all intellectual property rights, including but not limited to, copyright on all drawings and documents produced by the Architect in relation to the performance of the Services.

5. Termination / Suspensions

5.1. Either party shall have the right to suspend or terminate this contract at any point with a minimum of 7 days written notice with details for the reason for doing so.

5.2. If the Client issues a notice of termination or suspension the Client agrees to pay any outstanding fees, disbursements and/or costs, as advised by the Architect.

5.3. On termination or suspension, the Architect shall provide the Client with digital copies of all drawings and documents produced by the Architect to date, unless there are any outstanding payments due to the Architect by the Client.

6. Disputes & Complaints

6.1. A copy of a complaints handling procedure is available on request.