Online Architectural Services

 

 

Online Architectural Services Ltd. — Terms & Conditions

Email: info@onlinearchitecturalservices.com
Web: www.onlinearchitecturalservices.com
Tel: 07494 500087 / 0208 123 1574

 

ONLINE ARCHITECTURAL SERVICES LTD

TERMS & CONDITIONS FOR PLANNING, DESIGN, DRAINAGE AND BUILD OVER AGREEMENT SERVICES

These Terms & Conditions apply to services provided by Online Architectural Services Ltd (“OAS Ltd”). They should be read together with the individual Fee Proposal, Quotation or Invoice issued for the project.

 

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 or invoice, making payment, providing email confirmation, or giving digital approval constitutes acceptance of these Terms & Conditions.

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

1.3 The individual Fee Proposal / Quotation defines the specific services included within OAS Ltd’s appointment for each project.

1.4 Electronic acceptance, including email correspondence, online approval or digital signatures, may constitute acceptance of the appointment.

1.5 This agreement is governed by the laws of England and Wales and any dispute shall be subject to the jurisdiction of the courts of England and Wales.

2. DEFINITIONS

For the purpose of these Terms:

Fee Proposal / Quotation: The document identifying the particular services included within OAS Ltd’s appointment and the associated fees.

Measured Survey: A site survey undertaken for planning and initial design purposes unless otherwise expressly stated.

Local Planning Authority (LPA): The Council or other planning authority responsible for processing or determining the relevant planning application.

Planning Drawings: Drawings prepared for planning, pre-application or design purposes. Planning drawings are not Building Regulations or construction drawings.

Planning Services: Planning design, planning consultancy, planning applications and associated planning documents specifically identified within the accepted Fee Proposal / Quotation.

Drainage / Build Over Services: Drainage drawings, drainage design and/or Build Over Agreement drawings and applications specifically included within the accepted Fee Proposal / Quotation.

Structural Engineering Services: Structural calculations, structural engineering design, structural reports and associated structural technical advice. These are separate from OAS Ltd’s planning appointment.

Building Regulations Services: Technical design and information prepared specifically to demonstrate or assist compliance with the Building Regulations. These are separate from planning approval and planning drawings.

Principal Designer: A Principal Designer appointed under applicable legislation, including the Construction (Design and Management) Regulations 2015 and/or the Building Regulations dutyholder regime, as applicable.

Revisions: Reasonable amendments to drawings or documents requested during the agreed design stage. Unless otherwise stated in the quotation, up to three reasonable design revisions are included.

3. OAS LTD – SCOPE OF SERVICES

3.1 Included Services

Only services expressly identified within the accepted Fee Proposal / Quotation are included within OAS Ltd’s appointment.

Depending upon the agreed project scope, OAS Ltd services may include:

• Existing and proposed planning drawings;
• Planning design and consultancy;
• Planning applications and pre-applications;
• Design & Access Statements;
• Planning / Supporting Statements;
• Planning-purpose Fire Safety / Reasonable Exemption Statements;
• HMO planning layouts and planning-related management documents;
• Heritage and conservation planning documents;
• Parking layouts and residential planning concepts;
• Drainage design and drawings, where specifically included;
• Build Over Agreement drawings and applications, where specifically included; and
• Other planning-related documents specifically identified within the quotation.

Any service not expressly included within the accepted quotation is excluded from OAS Ltd’s appointment unless subsequently agreed in writing.

3.2 Planning Purpose

OAS Ltd primarily provides planning design, planning consultancy, planning application, drainage design and Build Over Agreement services.

Planning drawings and documents are prepared for the purpose stated within the appointment.

Planning approval does not constitute Building Regulations approval, structural approval or approval for construction.

3.3 Services Excluded from the OAS Appointment

Unless expressly agreed under a separate written appointment, OAS Ltd’s planning/design appointment does not include:

• Structural surveys;
• Structural calculations;
• Structural engineering design;
• Structural certification;
• Building Regulations drawings;
• Technical construction drawings/details;
• Full fire strategies;
• Fire Risk Assessments;
• Principal Designer duties;
• Building Regulations dutyholder services;
• Construction-stage design coordination;
• Contractor management;
• Site supervision;
• Construction inspection;
• Construction certification;
• Verification of completed construction works; or
• Certification of compliance with Building Regulations.

4. STRUCTURAL CALCULATIONS, ENGINEERING AND BUILDING REGULATIONS

4.1 Separate Structural Service

Where structural calculations, structural engineering advice, Building Regulations services or associated technical services are required, these may be referred to or dealt with by our sister Structural Calculations Team or another separately appointed consultant.

These services are separate from OAS Ltd’s planning/design appointment.

4.2 Separate Appointment and Terms

Any structural calculations, structural engineering services, Building Regulations services or associated technical services undertaken by the Structural Calculations Team shall be subject to their separate quotation, scope of services, appointment and Terms & Conditions.

Payment for or acceptance of an OAS Ltd planning service does not constitute appointment of OAS Ltd for structural engineering or Building Regulations services.

Likewise, appointment of the Structural Calculations Team does not extend OAS Ltd’s planning/design appointment.

4.3 Communication Between Teams

OAS Ltd may communicate or exchange drawings and information with the Structural Calculations Team, Building Control, contractors, clients or other consultants to assist the progression of a project.

Such communication, liaison or administrative assistance does not extend the scope of OAS Ltd’s appointment and does not constitute acceptance of responsibility for structural engineering, Building Regulations compliance, construction-stage coordination or Principal Designer duties.

Similarly, ongoing structural liaison by the Structural Calculations Team remains within the scope of their separately instructed structural service unless expressly agreed otherwise in writing.

4.4 Planning Drawings Used for Structural Purposes

Planning drawings may be supplied to a structural engineer or other consultant as background information. The relevant consultant remains responsible for independently verifying information required for their professional service.

OAS Ltd planning drawings must not be treated as Building Regulations or construction drawings unless specifically prepared and appointed for that purpose.

5. PLANNING SURVEYS AND DRAWINGS

5.1 Measured surveys undertaken by OAS Ltd are normally carried out for planning and initial design purposes.

5.2 Unless specifically agreed, surveys do not include:

• Intrusive investigations;
• Opening-up works;
• Structural inspections;
• Drainage CCTV surveys;
• Utility investigations;
• Confirmation of concealed construction;
• Asbestos surveys; or
• Verification of hidden site conditions.

5.3 Structural calculations or engineering reports based upon planning drawings require a separate structural engineering appointment.

5.4 Drawings and documents prepared by OAS Ltd are intended only for the instructed purpose and must not be relied upon for another purpose without written agreement.

5.5 The client, contractor and relevant consultants must verify dimensions and site conditions before construction, ordering materials or undertaking works.

6. BUILDING REGULATIONS AND CONSTRUCTION

6.1 Planning Permission and Building Regulations approval are separate statutory processes.

6.2 Obtaining planning permission does not confirm that the proposed works comply with the Building Regulations.

6.3 Unless OAS Ltd has expressly accepted a separate written appointment for the relevant service, OAS Ltd is not responsible for:

• Building Regulations compliance;
• Technical construction design;
• Structural design;
• Construction methods or sequencing;
• Contractor workmanship;
• Material procurement;
• Structural installation;
• Site implementation;
• On-site measurements;
• Fire safety compliance during construction;
• Construction inspections; or
• Certification of completed works.

6.4 The contractor and separately appointed technical consultants remain responsible for matters falling within their respective appointments.

7. PRINCIPAL DESIGNER AND DUTYHOLDER RESPONSIBILITIES

7.1 OAS Ltd is not appointed as Principal Designer under either:

• the Construction (Design and Management) Regulations 2015 (CDM 2015); or
• the Building Regulations dutyholder regime,

unless OAS Ltd has expressly accepted that role through a separate written appointment identifying the relevant Principal Designer services.

7.2 Preparation of planning drawings, planning applications, drainage drawings or Build Over Agreement documents does not constitute appointment of OAS Ltd as Principal Designer.

7.3 Communication with the client, contractor, Structural Calculations Team, Building Control or other consultants does not by itself constitute appointment of OAS Ltd as Principal Designer.

7.4 The provision of structural calculations or structural engineering assistance by a separately appointed Structural Calculations Team does not constitute appointment of OAS Ltd as Principal Designer.

7.5 OAS Ltd will not retrospectively sign declarations, certificates or other documents stating or implying that it acted as Principal Designer where no such appointment was expressly accepted.

7.6 The client remains responsible for ensuring that all appointments required by applicable legislation are made to suitably competent persons.

8. PLANNING OWNERSHIP INFORMATION AND STATUTORY NOTICES

8.1 Client’s Ownership Information

The client is responsible for providing complete and accurate ownership information relating to the application site.

This includes, where relevant:

• Land Registry Title Number;
• Land Registry Title Plan;
• Lease information;
• Freeholder details;
• Leaseholder details;
• Details of other relevant owners;
• Agricultural tenant information, where applicable; and
• Information concerning land or buildings within the planning application boundary that are not wholly owned by the applicant.

OAS Ltd is not responsible for independently establishing or verifying legal ownership unless a separate service has expressly been agreed.

8.2 Planning Ownership Certificates

The client must provide sufficient and accurate information to enable the appropriate planning Ownership Certificate (A, B, C or D, as applicable) to be completed.

Where the applicant is not the sole relevant owner, additional statutory ownership notification requirements may apply.

8.3 Serving Ownership Notices

Unless specifically included within the Fee Proposal / Quotation, responsibility for serving statutory ownership notices on other relevant owners or agricultural tenants remains with the client/applicant.

The client must provide OAS Ltd with the information and confirmation reasonably required to complete the planning application accurately.

8.4 OAS Notice Service

Where requested, OAS Ltd may agree to prepare and/or arrange service of the appropriate planning ownership notice as an additional service.

This service will be subject to an additional fee for each notice/owner to be served, together with any applicable postage, publication or third-party costs.

The client must first provide accurate names, ownership details and service addresses for all relevant parties.

OAS Ltd is not responsible for identifying unknown owners, tracing individuals or undertaking legal title investigations unless expressly agreed as a separate service.

8.5 Evidence and Timing

Where the client serves the required notice, the client must provide OAS Ltd with confirmation of the date and method of service and any evidence reasonably required for the planning application.

Failure to provide required ownership information or complete statutory notification requirements may prevent or delay submission or validation of the planning application.

9. PLANNING SITE NOTICES AND COUNCIL CONSULTATION

9.1 Statutory ownership notices referred to in Section 8 are separate from any site notice, neighbour consultation or publicity undertaken by the Local Planning Authority.

9.2 Where the Council requires the applicant to display or maintain a site notice, the client is responsible for doing so unless otherwise agreed.

9.3 Where requested, the client must provide photographic or other evidence confirming that a required site notice has been displayed.

9.4 OAS Ltd cannot control the Council’s consultation procedures, responses from neighbours or representations made by third parties.

10. PROJECT DURATION, AMENDMENTS AND REVISIONS

10.1 Project timescales depend upon the individual scope and will be advised where appropriate.

10.2 If no communication or required information is received from the client for three consecutive weeks, OAS Ltd may place the project on hold or close the file.

10.3 Reopening a closed or archived project may incur an additional fee.

10.4 Unless otherwise specified in the quotation, up to three reasonable design revisions are included during the agreed design stage.

10.5 Significant redesigns, additional options, changes to the original brief or further revisions may incur additional fees.

10.6 Changes requested following planning submission or determination may require additional drawings, an amendment or a new planning application and may therefore be chargeable.

10.7 Once the instructed services have been completed and handed over, or the relevant planning application has been determined where determination forms part of the appointment, OAS Ltd’s appointment for that service concludes.

Any subsequent assistance is subject to a new or reopened appointment and may incur additional fees.

11. PAYMENT AND FEES

11.1 Fees cover only the services expressly identified within the accepted Fee Proposal / Quotation.

11.2 Unless specifically stated otherwise, OAS Ltd fees exclude:

• Planning Portal fees;
• Local Authority application fees;
• Building Control fees;
• Structural engineering fees;
• Specialist consultant fees;
• Land Registry fees;
• Publication costs;
• Statutory notice service costs; and
• Other third-party charges.

11.3 Payment for each service/stage is due before commencement of that stage unless otherwise agreed.

11.4 OAS Ltd may suspend services where an invoice remains outstanding.

11.5 Fees relating to work already undertaken or completed stages are non-refundable, subject to the client’s applicable statutory rights.

11.6 Additional work outside the accepted scope will be subject to further fees agreed before that additional service is undertaken.

12. DELIVERABLES AND FILE ACCESS

12.1 Deliverables are normally issued in PDF format unless otherwise expressly agreed.

12.2 CAD/DWG or other editable source files are not included unless expressly agreed in writing.

12.3 Subject to payment of all applicable fees, the client receives a non-exclusive licence to use the issued drawings and documents for the instructed project and purpose.

12.4 Drawings and documents must not be altered, reused on another property or relied upon for a purpose outside the original appointment without appropriate professional review.

12.5 Copies of issued documents may be requested within six months of completion. Retrieval of older archived project information may incur an administration or reopening fee.

13. LOCAL PLANNING AUTHORITY AND COUNCIL REQUIREMENTS

13.1 Validation and determination requirements vary between Local Planning Authorities and individual applications.

13.2 The LPA may request amendments, additional drawings, statements, surveys or specialist reports during validation or determination.

13.3 Where additional work falls outside the accepted quotation, OAS Ltd will advise the client and additional fees may apply.

13.4 Pre-application advice represents the Council’s professional guidance at that stage and does not guarantee the outcome of a subsequent planning application.

13.5 The final decision on any planning application rests with the relevant Local Planning Authority or other decision-making body.

13.6 Councils may exceed their published or statutory determination periods. OAS Ltd may make reasonable follow-up enquiries but cannot be responsible for Council delays.

14. DRAINAGE DESIGN AND BUILD OVER AGREEMENTS

14.1 Drainage and Build Over Agreement services are included only where expressly identified within the quotation.

14.2 Designs may rely upon information provided by:

• The client;
• Contractors;
• Surveyors;
• Water/sewerage undertakers;
• Utility providers;
• Existing drawings and records; and
• Visible site conditions.

14.3 OAS Ltd is not responsible for inaccuracies resulting from incomplete, inaccurate or undisclosed information supplied by the client or third parties.

14.4 Unless specifically included, drainage services do not include CCTV surveys, intrusive investigations, trial holes, utility surveys, specialist SuDS design, soakaway testing or other specialist investigations.

14.5 Contractors must verify drainage locations, dimensions, levels and actual site conditions before construction.

14.6 Approval of a Build Over Agreement does not replace any separate planning, Building Regulations, structural or other statutory approval that may be required.

15. CLIENT RESPONSIBILITIES

The client is responsible for:

• Providing accurate and complete property and ownership information;
• Providing Land Registry / Title information where required;
• Confirming the extent of property boundaries;
• Identifying other relevant owners/freeholders/leaseholders where required;
• Complying with statutory ownership notification requirements unless OAS Ltd has been separately instructed to provide that service;
• Reviewing and approving drawings before submission;
• Reviewing application forms and supporting documents and confirming that the information is accurate;
• Informing OAS Ltd of known easements, covenants, restrictions and third-party rights;
• Informing OAS Ltd of known listed building status, conservation designations, TPOs or other relevant restrictions;
• Providing drainage, utility and site information where required;
• Responding to requests for information within a reasonable time;
• Providing safe and reasonable access for agreed surveys; and
• Appointing appropriate contractors, Building Regulations professionals, Principal Designers and specialist consultants where required.

The client and contractor must verify dimensions, levels, construction details and site conditions before commencing construction or ordering materials.

16. SPECIALIST REPORTS AND CONSULTANT SERVICES

Unless expressly included within the accepted Fee Proposal / Quotation, OAS Ltd’s appointment does not include specialist services such as:

• Arboricultural Impact Assessments;
• Tree surveys and Tree Protection Plans;
• Ecology or biodiversity reports;
• Flood Risk Assessments;
• Full fire strategy reports;
• Fire Risk Assessments;
• Acoustic/noise assessments;
• Transport assessments;
• Daylight/sunlight assessments;
• Structural engineering reports/calculations;
• Party Wall services;
• SAP calculations;
• Energy assessments;
• Contamination reports;
• Utility surveys;
• Asbestos surveys; or
• Other specialist technical reports.

Where required, these services must be undertaken by an appropriately competent separately appointed consultant.

Any Fire Safety / Reasonable Exemption Statement prepared by OAS Ltd for a planning application relates only to the relevant planning validation/application requirement and does not constitute a Fire Risk Assessment, full fire strategy or Building Regulations fire compliance assessment.

17. LIABILITY AND RELIANCE

17.1 OAS Ltd will perform its instructed services with reasonable skill and care.

17.2 No guarantee is given that planning permission, pre-application support, Build Over approval or any other third-party approval will be granted.

17.3 OAS Ltd is not responsible for matters outside its agreed appointment, including:

• Decisions of Local Planning Authorities;
• Building Control decisions;
• Decisions or work of separately appointed consultants;
• Contractor workmanship;
• Construction methods;
• Construction defects;
• Unauthorised changes made during construction;
• Inaccurate information supplied by the client or third parties; or
• Delays outside OAS Ltd’s reasonable control.

17.4 Nothing within these Terms excludes or limits any liability which cannot lawfully be excluded or limited.

17.5 No third party may rely upon OAS Ltd’s drawings, reports or documents without OAS Ltd’s prior written agreement.

18. PROFESSIONAL CONDUCT AND COMMUNICATION

18.1 OAS Ltd will communicate professionally with clients and other parties involved in the instructed service.

18.2 Clients are expected to communicate respectfully with OAS Ltd staff and consultants.

18.3 Abusive, threatening, discriminatory, harassing or persistently inappropriate behaviour will not be tolerated.

18.4 OAS Ltd may suspend or terminate services where inappropriate conduct makes continuation of the professional relationship unreasonable.

19. TERMINATION, COMPLETION AND FILE CLOSURE

19.1 Either party may terminate the appointment in writing, subject to payment for services already undertaken and applicable statutory rights.

19.2 OAS Ltd may close a project following:

• Completion and handover of the instructed services;
• Planning determination;
• Prolonged client inactivity;
• Termination of the appointment; or
• Completion of the particular service/stage commissioned.

19.3 Once a service has been completed and handed over, OAS Ltd’s appointment for that service comes to an end unless continuing services have expressly been agreed.

19.4 Communication or assistance provided after completion does not automatically reopen or extend the original appointment.

19.5 Reopening an archived or completed project, undertaking further amendments, providing additional advice or carrying out a new service may be subject to an additional fee and/or new appointment.

19.6 OAS Ltd will not retrospectively assume professional roles or responsibilities that were not included within the original appointment.

20. DATA PROTECTION

20.1 Personal information will be handled in accordance with applicable UK data protection legislation and OAS Ltd’s Privacy Policy.

20.2 Information may be shared with Local Planning Authorities, the Planning Portal, statutory bodies and separately appointed consultants where reasonably necessary to perform the instructed service.

20.3 The client is responsible for ensuring that information supplied to OAS Ltd for use within an application is accurate and may lawfully be provided for that purpose.

21. GENERAL

21.1 These Terms should be read together with the accepted Fee Proposal / Quotation. Where the quotation expressly varies a service, the specific written project appointment will take precedence in relation to that service.

21.2 No additional professional role or responsibility shall be inferred solely from correspondence, attendance at meetings, exchange of drawings or general project assistance.

21.3 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to apply.

21.4 Events outside OAS Ltd’s reasonable control, including Council delays, strikes, severe weather, utility failures, system outages and delays by third parties, may affect project timescales.

21.5 Any additional service or change to OAS Ltd’s appointment must be agreed in writing.

IMPORTANT SERVICE DISTINCTION

Online Architectural Services Ltd (OAS Ltd) provides the planning/design, planning application, drainage design and Build Over Agreement services expressly identified within its individual Fee Proposal / Quotation.

Structural calculations, structural engineering, Building Regulations and associated technical services are separate services and, where undertaken by our sister Structural Calculations Team or another consultant, are subject to that provider’s own appointment, scope, fees and Terms & Conditions.

Appointment of one service provider does not automatically appoint another, and communication or cooperation between the respective teams does not transfer or extend professional responsibility.

OAS Ltd is not appointed as Principal Designer or Building Regulations Principal Designer unless expressly accepted under a separate written appointment.