These Terms and Conditions will apply to the provision of Architectural services to the client. The instructions you give us create a contract between you and M Pellegrini t/a TCDS Plans for the provision of Architectural services to you. By instructing us on any of the services you agree to be bound by these Terms and Conditions.
We maintain professional indemnity insurance cover in the sum of £1 million.
Payment shall be as stated in the quotation letter. Invoicing will be as stated on the quotation letter and due on the date of the invoice.
Our fees do not include for any disbursements such as printing costs or payments to third parties such as payments due to Local Authorities or other statutory bodies as Planning and Building Regulation fees utility providers or other charges which will be charged in addition.
If we are required to vary any item of work commenced or completed pursuant to this agreement or to provide a new design after the client has authorised us to develop an approved design this will be subject to the payment of additional fees.
If we are required to submit additional planning applications, discharge conditions of a planning consent or make an application for non-material amendments to a planning consent this will be subject to the payment of additional fees.
Should the client instruct additional works over and above those quoted for herein additional fees will be payable either at a rate to be determined by agreement at the time or in the case of no written agreement, based on reimbursement for additional time expended plus expenses.
Should it be necessary to utilise the services of a surveyor, planning supervisor, structural engineer, quantity surveyor or other consultant the agreement and payment terms will be directly between you and the consultant. We are not responsible for the quality of the work and performance of these consultants.
The Client acknowledges that we do not warrant that the planning permission and other approvals from third parties will be granted at all, or if granted, will be granted with planning conditions requiring discharge.
It is the responsibility of the property owner to advise if the property is in a conservation area, green belt area, is designated land (includes National Parks and the Broads, areas of Outstanding Natural Beauty, Conservation areas, and World Heritage sites), is a listed building or in the grounds of a listed building, has an Article 4 attached to it (removal of Permitted Development), is in a flood risk area, has any easements on the land (areas of land which cannot be developed because of underground services, utilities or coal mines etc), has any public rights of way or any restrictive covenants attached to it that may affect any building works to the property.
It is the responsibility of the property owner to supply correct boundary positions and ensure no part of the proposed new build encroaches beyond any boundary unless prior written consent of the adjoining owner has been obtained.
The works may require compliance with The Party Wall Act 1996, we will make no inquiries in this regard and the Client should therefore satisfy themselves in respect of this prior to instructing us. Please see www.gov.uk/guidance/party-wall-etc-act-1996. We do not include this in our fee as you may not require this.
It is the responsibility of the property owner to contact the water authorities to find out if a public sewer application will be required if you are building close to or over a public sewer. See Severn Trent website www.stwater.co.uk/developers/building-over-sewers. A fee will be paid directly to Severn Trent by yourselves. In addition, a CCTV of the drain will be required on completion of the works for building close to the sewer application and a CCTV before and after for a build over application. We do not include this in our fee as you may not require this.
It is the responsibility of the property owner to advise if any trees have a Tree Preservation Order on them, please see www.gov.uk/guidance/treepreservation-orders-and-trees-in-conservation-areas. For trees without Tree Preservation Order on them http://www.trees.org.uk/Help-Advice/Public/Abrief-guide-to-legislation-for-trees.
Foundations are to be deep strip type final depth to be agreed on site with Local Authority Building Control. If due to ground conditions or other conditions imposed by a Planning requirement or other unforeseen conditions and an engineered foundation has to be designed by a structural engineer you will have to appoint a structural engineer, agree the fees with them and pay them directly.
It is advised that building works are NOT commenced on site until planning and building regulation approvals have been granted. Any works started prior to all approvals being granted are undertaken at the property/site owners risk and can be subject to modification or removal regardless of any inspections carried out by Building Control or the Planning Department. No works are to commence until full approval for the works are obtained from the Water Authorities if the proposed works are within 3.0m of a public sewer.
Any drawings, schedules, specifications or other information provided by us and the design copyright of any works executed from these documents shall remain the property of us. The right of the Client to utilise these documents in the execution of the works therein described will be immediately suspended if our account remains unpaid. We shall own the copyright in the original work produced in the performance of the Services and generally asserts our moral rights to be identified as the author of such work. No part of any design by us may be registered by the Client without the consent in writing.
We shall have the right to publish photographs of the project, and the client shall give reasonable access to the project for this purpose. The client shall allow us to display professional signboards on the site in appropriate locations for the duration of works on site.
Neither party to this agreement may assign or transfer any part of this agreement without the written consent of the other party.
The fee quotation shall remain open to acceptance by the client for a period of 15 days from the date of the quotation. Thereafter it shall be subject to review.
Email correspondence will be deemed to constitute a written instruction from us and/or Client.