REF : SD2
DEFINITIONS
1) When reading these conditions the terms you / your refers to the client for whom we are acting.
2) The terms we / us refers to Andrew R. Williams and Associates Limited Chartered Surveyors.
GENERALLY
3) Before work can commence on site, it is usually necessary to obtain Planning and Building Control Approval. Sometimes Listed Building Approval is also required. Since the Party Wall Act came into force on 1st July, 1997 stricter controls have come into force. In order to avoid infringing your neighbour`s rights we recommend that you notify them of your intentions. In any case, if any foundations come within 3m of your neighbour and are likely to exceed the depth of your neighbours foundations you as owner, are required to notify your neighbour. As part of our brief, we will apply for Planning and Building Control approval for you. However, obtaining your neighbours consent is not part of our brief.
4) Please note, if planning approval is not received, our agreed fee is stillpayable.
N.B.The plans must NOT be acted upon until they have been approved in accordance with clause 13 and 11(1)(b) of the Building Regulations and Planning Permission / Permitted Development approvals have been obtained. Should you (or your builder) commence work without receiving confirmation from us that the approvals have been obtained then you do so at your own risk.
SERVICE
5) The normal service carried out on your behalf by us is the initial survey of the property, preparation of outline scheme design drawings at scales 1:100 and 1:50 with sufficient details and information for interpretation of the proposed works for submission to the Local Authorities and for issuing to building contractors to obtain tenders or quotations.
ON-SITE SUPERVISION OF THE WORKS
6) Our normal charge does not include on-site supervision unless agreed otherwise. You are advised to check the builders work carefully as it proceeds…. If in doubt about any section of work. Ask your builder or the Local Authority Building Control Inspector…. Make sure you get what you really want.
TIME IS NOT THE ESSENCE OF THE CONTRACT
7) Time is not the essence of the contract. Once the documents are lodged with the council we are powerless to speed up the approvals although we do try to contact the individual Local Authority surveyors at regular intervals in order to assist progress.
PROVISION OF SAMPLE PLAN FOR APPROVAL (ERROR DETECTION)
8) A sample plan will be provided for your approval approximately 14 days after we have visited your house. Whilst every effort is made to ensure the accuracy of plans it is essential that you examine the plan carefully and ensure that the details are to your satisfaction. If you do not check your plan you could cause yourself a great deal of trouble on site if we misunderstand your instructions or an error escapes detection. In particular you should check that the major dimensions are as you instructed. No claim will be accepted at a later date for alleged defect or negligence on our part and it is a specific condition of contract that at no time will our liability exceed the value of the fee charged. Once we receive your cheque for the Local Authority fees (see later) this will be taken as approval of the plans (unless you contact us and let us know what revisions are required). There is no charge for revising the plans as long as the changes required are reasonable requests (e.g. there would be no charge for altering a window dimension or door location etc.).
BUILDING CONTROL / BUILDING CONTROL FEES
9) Most house extensions require Building Control approval and we will advise you regarding the appropriate fee charges levied by the Local Authority. You will be responsible for paying for the Building Control Fees and no submission will be made by us.
PLANNING PERMISSION / PLANNING FEES/ORDNANCE SURVEY FEES
10) Most house extensions require Planning Approval and we will advise you regarding the appropriate fee charges levied by the Local Authority. You will be responsible for paying for the Planning Fees and no submission will be made until these fees have been received by us.
11) If your property is a listed building or in a special area or if there are tree preservation orders in force, it is essential that you let us know during our visit so that we can make the necessary applications on your behalf. The responsibility for letting us know whether or not the property is listed or in a special area is your responsibility and no claims will be accepted at a later date if this information is not forthcoming. If you are in doubt you must write / telephone your local council and let us know as soon as possible if these additional consents are needed. Applying for Listed Building Approval etc. should this be required it is an extra service and additional fee may be levied by us for this work.
12)Planning usually require an ordnance survey extract to be submitted with a planning application. You will be responsible for this cost.
USE OF THE PLANS / COPY RIGHT
13) The plans are purely for the use of you or your builder and are not for issue to third parties without permission and we will not be responsible for any alleged losses incurred should third parties act upon the details provided.
14) In accordance with the provisions of the Copyright Act 1956 or later amendments, copy right in all drawings remain the property of Andrew R. Williams and Company unless otherwise stated.
FOUNDATION DETAILS
15) It is beyond our terms and conditions to dig trial holes (inspection pits to check the sub-soil conditions) should you wish to have trial holes excavated, we will arrange for a local contractor to do so but you will have to bear the cost of this work. Without trial holes being excavated, it is impossible for us to know the exact condition of the sub-strata in your area. Dimensions given on foundations are therefore only indicative of normal soil conditions. It is necessary to revise the foundations on site once the works commence this is not a defect on the plans and the plans specifically advise the builder to agree exact foundations details with the building control inspector. Should it be necessary to provide calculations or amend the drawings in the light of on site excavation this is an additional service and a charge will be made.
DRAINAGE DETAILS
16) All drainage shown on the plans is provisional and may require on site agreement with the building control officer.
DIMENSIONS ON THE DRAWING
17) As we are not supervising the works on site and will not be a party to the contract between yourself and your future builder we make it a condition on our plans that your builder accurately checks all dimensions on site before starting work and before ordering materials. This is specifically done so that all parties are protected against the possibility of an error getting through the checking procedure (see later for details). Whilst every effort is made to ensure that the dimensions on the plan are as accurate as possible, we are only human and errors can occur. In addition minor variations instigated by yourself; the local authority building inspector or your builder, once building works have commenced can have a knock-oneffect elsewhere in the structure. We would stress that it is essential for you to insist that your builder carries out these checks before carrying out the work. Should the contractor need to make amendments you should tell the building control officer before carrying them out. We will not accept any claims for negligence or consequential loss, which are the result of non-compliance with the checking procedure.
NATURAL BOUNDARIES
18) We prepare the plans based upon dimensions taken on site. Where there are no obvious boundaries or they are hidden from view by debris, snow or existing buildings, we will agree the dimensions with you. Where fences and walls exist between properties we accept these `natural boundaries` as being correct. If you have any doubt regarding the ownership of any land we would advise you to speak to your neighbour and obtain a letter giving their consent to the proposals or contact your solicitor or building society for clarification.
FEE CHARGES
19) An estimate will be provided, if required, for the likely cost of fee charges. The estimate is based upon our normal hourly charges for surveyors and draughtsmen time. However, should your requirements or Local Authority requirements create excessive demands on time, we reserve the right to revise charges as necessary. An invoice to cover fees will be issued to you immediately the plans are complete and your remittance should be forwarded with the Local Authority fees unless indicated otherwise on the confirmation of instructions. We reserve the right to charge interest on unsettled invoices at a rate of 2% above the current National Westminster base rate.
FEES NOT INCLUSIVE
20) Our fees are exclusive of all Local Authority charges (i.e. planning and building control charges), ordnance survey charges and the cost of consultant Engineers charges for preparation of structural calculations, which may be required by Building Control.
DISBURSEMENTS
21) The cost of printing drawings for your personal use will be charged at a current local printer`s rate.
V.A.T.
22) We are VAT registered and statutory VAT will be added to our fees.