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Terms and Conditions for Planning Permission & Planning Design

Online Architectural Services Ltd

Email: info@onlinearchitecturalservices.com              Web: www.onlinearchitecturalservices.com                  Tel: 07494 500087 /07833 444298

Terms & Conditions

These Terms & Conditions (“Terms”) form a legally binding agreement between Online Architectural Services Ltd (“OAS Ltd”, “we”, “us”, “our”) and the client (“you”, “your”).

1. Contract and Governing Law

  • 1.1 Acceptance of a quotation, fee proposal, invoice, payment, email confirmation, or digital approval constitutes acceptance of these Terms & Conditions.

  • 1.2 These Terms apply to all services provided by OAS Ltd unless otherwise agreed in writing.

  • 1.3 This agreement is governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  • 1.4 Electronic acceptance, including email correspondence, online approval, or digital signatures, shall be considered legally binding.

2. Definitions

  • Fee Proposal / Quotation: Document outlining the services included within our appointment together with associated fees.

  • Measured Survey: Site survey carried out for planning and initial design purposes only.

  • Local Planning Authority (LPA): The Council or planning authority responsible for determining planning applications.

  • Planning Drawings: Drawings prepared for planning and design purposes only unless otherwise agreed in writing.

  • Building Regulations Services: Services relating to Building Regulations compliance, technical construction details, structural calculations, engineering design, fire compliance, and construction-stage coordination.

  • Revisions: Reasonable (up to 3) amendments to drawings or documents requested during the agreed design stage.

3. Scope of Services

3.1 Included Services

Only the services specifically listed within the accepted Fee Proposal / Quotation are included within our appointment. Depending on the agreed scope of works, services may include:

  • Existing & proposed planning drawings

  • Planning applications

  • Design & Access Statements

  • Planning statements

  • Fire Safety / Exemption Statements prepared for planning purposes only

  • HMO planning layouts and management plans

  • Heritage / conservation planning support

  • Parking layouts and minor residential concepts

  • Build Over Agreement drawings/applications (where included)

  • Drainage design (where included)

Any services not specifically listed within the accepted quotation shall be treated as excluded unless otherwise agreed in writing.

3.2 Planning Design Scope

Planning drawings and planning consultancy services are prepared for planning and design purposes only unless otherwise agreed in writing. Online Architectural Services Ltd primarily deals with:

  • Planning design

  • Planning consultancy

  • Planning applications

  • Drainage design

  • Build Over Agreement applications

Planning approval does not constitute Building Regulations approval or construction approval.

3.3 Excluded Services

Unless specifically included within the quotation and agreed in writing, the following services are excluded:

  • Structural surveys

  • Structural calculations

  • Structural engineering design

  • Building Regulations drawings

  • Technical construction drawings

  • Fire strategy reports

  • Fire risk assessments

  • Principal Designer duties

  • Construction-stage coordination

  • Contractor management

  • Site supervision

  • Construction certification

Where required, structural calculations, engineering design, and Building Regulations services may be carried out by separately appointed consultants under separate agreements and Terms & Conditions.

4. Planning Surveys and Drawings

  • 4.1 Measured surveys are carried out for planning and initial design purposes only.

  • 4.2 Surveys do not include intrusive investigations, structural inspections, or confirmation of hidden construction elements.

  • 4.3 Structural calculations or engineering reports based on planning drawings require separate structural engineering services.

  • 4.4 Drawings and documents prepared by OAS Ltd are intended only for the agreed instructed service and must not be relied upon for construction purposes unless separately agreed in writing.

  • 4.5 Third parties using drawings beyond the original instructed purpose must independently verify all dimensions, information, and technical requirements.

5. Building Regulations and Construction

  • 5.1 Building Regulations compliance is separate from planning approval.

  • 5.2 Any future Building Regulations drawings or structural calculations are typically prepared based on approved planning drawings and available information at that stage.

  • 5.3 OAS Ltd is not responsible for:

    • Construction methods

    • Contractor workmanship

    • Site implementation

    • Material procurement

    • Structural installation

    • On-site measurements

    • Fire safety compliance

    • Building Regulations compliance unless specifically agreed under a separate written appointment.

  • 5.4 The client, contractor, Building Control officer, structural engineer, or separately appointed consultant remains responsible for verifying all technical and construction-related matters.

6. Principal Designer / CDM

  • 6.1 OAS Ltd is not appointed as Principal Designer unless expressly agreed in writing under a separate appointment.

  • 6.2 All works must comply with the Construction (Design and Management) Regulations 2015 (CDM 2015).

  • 6.3 The client remains responsible for appointing appropriate professionals where required.

7. Project Duration, Amendments, and Revisions

  • 7.1 Projects generally remain active for approximately 4 weeks unless otherwise agreed.

  • 7.2 If no communication is received from the client for 3 consecutive weeks, the file may be closed temporarily.

  • 7.3 Reopening closed files may incur additional fees.

  • 7.4 Up to three reasonable design revisions are included unless otherwise specified within the quotation.

  • 7.5 Additional revisions, redesigns, or significant amendments may be chargeable.

  • 7.6 Changes requested after planning approval may require a new application or amended submission.

8. Payment and Fees

  • 8.1 Fees cover only the services specifically listed within the quotation.

  • 8.2 Local Authority fees, specialist consultant fees, Building Control fees, and third-party fees are excluded unless stated otherwise.

  • 8.3 Payment for each stage is due prior to commencement of that stage.

  • 8.4 OAS Ltd reserves the right to suspend or terminate works where payments remain outstanding.

  • 8.5 Fees for completed work stages are non-refundable.

9. Deliverables and File Access

  • 9.1 Deliverables are generally issued in PDF format unless otherwise agreed.

  • 9.2 CAD / DWG files are not included unless specifically agreed in writing.

  • 9.3 The client receives a non-exclusive licence to use the drawings and documents solely for the instructed project.

  • 9.4 Copies of drawings may be requested within 6 months of issue. Older archived files may incur retrieval or reopening fees.

10. Local Planning Authority / Council Requests

  • 10.1 Local Planning Authorities may request additional supporting documents during validation or determination.

  • 10.2 Specialist reports requested by the Council are not included unless expressly stated within the quotation.

  • 10.3 Pre-application advice provided by Councils is guidance only and does not guarantee approval.

  • 10.4 Councils may exceed statutory determination periods. OAS Ltd will make reasonable efforts to follow up applications but cannot control Council delays.

11. Build Over Agreements and Drainage Design

  • 11.1 Drainage and Build Over designs rely on information provided by the client, contractor, utility provider, and visible site conditions.

  • 11.2 OAS Ltd shall not be responsible for inaccuracies arising from incomplete or incorrect information supplied by third parties.

  • 11.3 Site verification and contractor checks remain essential prior to construction.

12. Client Responsibilities

The client is responsible for:

  • Providing accurate ownership details and site information

  • Confirming property boundaries and Title Plan information

  • Reviewing all drawings, statements, and application forms prior to submission

  • Notifying us of listed status, conservation areas, TPOs, easements, or restrictions

  • Providing drainage and utility information where required

  • Responding promptly to requests for information

  • Providing safe site access

The client and contractor must verify all dimensions and details on site prior to construction or material procurement.

13. Liability and Warranties

  • 13.1 Services are provided with reasonable skill and care.

  • 13.2 Planning approval is not guaranteed.

  • 13.3 OAS Ltd is not responsible for:

    • Council decisions

    • Building Control decisions

    • Third-party consultant decisions

    • Contractor workmanship

    • Construction defects

    • Delays outside our control

  • 13.4 Total liability is limited to the fees paid for the instructed service.

14. Professional Conduct

  • 14.1 Communication between all parties must remain respectful and professional.

  • 14.2 Aggressive, abusive, threatening, or harassing behaviour will not be tolerated.

  • 14.3 OAS Ltd reserves the right to suspend or terminate services where inappropriate conduct occurs.

15. Termination and File Closure

  • 15.1 Either party may terminate services in writing.

  • 15.2 The client remains responsible for fees relating to completed work stages.

  • 15.3 Files may be archived or closed following prolonged inactivity, project completion, or planning determination.

  • 15.4 Reopening archived files may incur additional fees.

16. Miscellaneous / General

  • 16.1 These Terms replace any previous agreements unless otherwise agreed in writing.

  • 16.2 If any clause is deemed unenforceable, the remaining clauses shall remain valid.

  • 16.3 Force majeure events including Council delays, strikes, severe weather, utility failures, or circumstances beyond our control may affect project timescales.

  • 16.4 Client data shall be handled in accordance with applicable GDPR requirements.

17. Planning Site Notices

  • 17.1 Certain applications may require a site notice to be displayed at the property.

  • 17.2 Unless otherwise agreed, the client remains responsible for displaying site notices and providing photographic evidence to the Council where requested.

18. Specialist Reports and Consultant Services

The following reports, surveys, assessments, and specialist consultant services are not included unless expressly stated within the accepted Fee Proposal / Quotation:

  • Arboricultural Impact Assessments (AIA)

  • Tree Protection Plans (TPP)

  • Tree / Arboricultural surveys and reports

  • Ecology / biodiversity reports

  • Flood Risk Assessments (FRA)

  • Fire Risk Assessments or Full fire strategy reports

  • Acoustic / noise assessments

  • Transport assessments

  • Daylight / sunlight specialist assessments

  • Structural engineering reports or Structural calculations

  • Party Wall matters

  • SAP calculations

  • Energy assessments

  • Contamination reports or Utility surveys

Fire Safety / Exemption Statements prepared by OAS Ltd relate to planning application requirements only and do not constitute full fire strategy reports, fire risk assessments, or Building Regulations fire compliance reviews.

Local Planning Authority validation requirements vary between Councils and applications. OAS Ltd may advise on typical validation requirements; however, it remains the client’s responsibility to obtain specialist reports unless specifically included within the accepted quotation. The appointment, coordination, and instruction of specialist consultants remain the responsibility of the client unless otherwise agreed in writing.

19. General Planning Disclaimer

  • 19.1 Local Authority requirements vary between Councils and applications.

  • 19.2 OAS Ltd may advise on typical validation requirements; however, final validation and determination requirements remain at the discretion of the relevant Local Planning Authority.