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Online Architectural Services Ltd. -Terms & Conditions

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

 

  1. Contract and Governing Law

1.1 Acceptance of a Fee Proposal, quotation, or payment constitutes agreement to these Terms.
1.2 These Terms apply to all services provided unless agreed otherwise in writing.
1.3 This agreement is governed by the laws of England and Wales. Any disputes shall be resolved exclusively in the courts of England and Wales.
1.4 Electronic acceptance (email, digital signature, or online form) is considered binding.

 

  1. Definitions

For clarity, the following terms have the meanings set out below:

  • Fee Proposal / Quotation: Document detailing the services we will provide and the associated fees. Only services listed are included.
  • Measured Survey: On-site survey conducted for planning and initial design purposes only.
  • Local Planning Authority (LPA): Council or planning body responsible for planning decisions.
  • Principal Designer: Person responsible for health and safety coordination under CDM 2015; for small/domestic projects, this is usually the homeowner unless formally appointed.
  • Structural / Building Services: Services beyond planning/design scope, including structural surveys, calculations, building regulations drawings, foundation details, and construction method statements, provided under separate Terms & Conditions.
  • Revisions: Changes requested by the client to drawings or documents after initial submission. Up to three revisions are included unless otherwise specified.

 

  1. Scope of Services

3.1 Included Services

Services listed in the Fee Proposal typically include:

  • Planning / householder drawings (existing & proposed)
  • Location and block/site plans
  • Design & Access Statements (DAS)
  • Planning Statements (HMO, Heritage, Conservation)
  • HMO management plans, parking layouts, green-space concepts
  • Planning maps and minor residential exemption statements
  • Build Over Agreement / Drainage Design (Thames Water or equivalent), if included

 

3.2 Structural / Specialist Services

  • Planning & Design Services do not include structural surveys, calculations, or building regulation drawings.
  • If required, these are provided by our Structural Design Team under a separate agreement.
  • Specialist reports (ecology, fire, flood, etc.) are outside the Planning & Design scope unless explicitly included.

 

  1. Planning Surveys and Drawings

4.1 Measured surveys are for planning and initial design purposes only.
4.2 Structural reports or calculations based on planning surveys require separate structural services.
4.3 Build Over / Drainage Design accuracy depends on complete client/builder information.
4.4 Drawings and files are intended for the agreed service only. Third parties using them beyond the instructed service must verify independently.

 

  1. Measured Survey — Purpose and Limitations
  • Surveys do not provide structural calculations.
  • Surveys are suitable only for planning drawings and supporting documents.
  • Our drawings may be usable by engineers to prepare initial calculations; however, we highly recommend that engineers carry out their own independent survey to confirm all details.
  • Structural or construction services require a separate agreement.
  • Drawings must not be reused outside the original service scope.

 

  1. Principal Designer / CDM
  • We are not Principal Designer unless formally appointed.
  • Homeowners are usually Principal Designer on small/domestic projects.
  • All designs provided must be reviewed and coordinated by the appointed Principal Designer in compliance with CDM 2015.

 

  1. Project Duration, Amendments, and Revisions
  • Projects are generally active for 4 weeks unless stated otherwise.
  • No communication from the client for 3 weeks may result in file closure; reopening fees apply within 6 months.
  • Up to three revisions are included; additional revisions are chargeable.
  • Post-approval design changes may invalidate LPA approvals.

 

  1. Payment and Fees
  • Fees cover only services listed in the Fee Proposal.
  • LPA fees are separate and paid by the client.
  • Interim invoices may be issued; non-payment may suspend or terminate work.
  • Fees for work already carried out are non-refundable.

 

  1. Deliverables and File Access
  • Deliverables are supplied in PDF format unless agreed otherwise.
  • CAD / DWG files are not supplied by default.
  • Clients receive a non-exclusive licence to use deliverables for the instructed service.
  • PDF copies may be requested within 6 months; later requests may incur fees.

 

  1. Local Planning Authority / Council Requests
  • LPAs may request additional documents; we can advise but specialist reports are client responsibility or obtained via our Structural / Specialist Team.
  • Pre-application advice is guidance only; council feedback is non-binding.
  • Councils may exceed statutory decision periods; we will follow up up to 1 month beyond the statutory period or as agreed.

 

  1. Build Over / Drainage Design
  • Based on measured survey and client/builder information.
  • Accuracy depends on complete information.
  • Clients are responsible for errors caused by incomplete or inaccurate information.

 

  1. Client Responsibilities
  • Provide accurate site boundaries, ownership, and Land Registry details.
  • Provide current ownership details and Title Plan number. Where these are not supplied, the applicant/client details will be used as the default to confirm ownership.
  • Once the application form is drafted (together with design and drawings), it is the client’s responsibility to review and confirm that all information aligns with their records.
  • Confirm supporting documents: The client must review and verify all supporting documents (plans, statements, reports, etc.) before submission to ensure accuracy and completeness.
  • Notify us of conservation, listed building status, or Tree Protection Orders.
  • Provide drainage/utility data for Build Over Agreements.
  • Respond to requests for documents promptly.
  • Site Access & Health & Safety: Safe access to the property is the client’s responsibility. Our team will not investigate asbestos, contamination, or other hazardous materials. Measured surveys rely on visible and accessible areas only.

 

  1. Liability and Warranties
  • Services are provided with reasonable skill and care.
  • Planning approval is not guaranteed.
  • We are not responsible for council or third-party decisions or delays.
  • Clients must provide accurate information and use drawings only for the intended purpose.
  • Total liability is limited to the fees paid for the service provided.

 

  1. Professional Conduct
  • Communication must be polite and professional at all times.
    • Aggressive, abusive, or threatening behaviour will not be tolerated. This includes behaviour covered under the Health & Safety at Work etc. Act 1974, Public Order Act 1986, and Protection from Harassment Act 1997, which protect staff and clients from intimidation, harassment, or abuse.
    • We reserve the right to terminate services if such conduct occurs.
    • We believe that treating each other with respect creates a positive environment where everyone can achieve the best results.

 

  1. Termination and File Closure
  • Either party may terminate in writing.
  • Clients remain liable for work already completed.
  • Files close after inactivity or upon planning decision; reopening fees apply.

 

  1. Miscellaneous / General
  • These Terms replace any previous agreements unless stated otherwise.
  • If any part is invalid or unenforceable, the rest remains in effect.
  • This agreement constitutes the entire agreement between the parties.
  • Force majeure events (e.g., extreme weather, strikes, or council delays) relieve liability for delays beyond our control.
  • Client data is handled in compliance with GDPR.

 

  1. Planning Site Notice
  • Some projects may require a planning site notice as part of the Council’s validation process.
  • The notice must be placed at the front of the property (e.g., front door or boundary line) and clearly visible to the public.
  • The client is responsible for arranging the notice and providing a dated photograph as evidence for the allocated case officer.
  • This requirement applies only to certain applications, typically requested by the Department of Community and Environmental Services or the Local Planning Authority.

(Minor Residential / Householder/ Small Commercial)

Documents we typically prepare:

  • Application forms and ownership certificates
  • Location / block plans
  • Existing & proposed floor plans, elevations, sections
  • Roof plans, site levels
  • Design & Access Statement
  • Heritage Statement (where required)
  • Planning Statements (e.g., HMO, Conservation)
  • Fire Safety Statements (planning-level only; only exemption-level statements can be provided)
  • HMO Management Plans / parking layouts / minor residential exemption statements
  • Daylight / Sunlight assessments (diagrammatic daylight shown on drawings)

 

Documents requiring specialist consultants (not included unless expressly agreed):

  • Arboricultural Impact Assessment (AIA)
  • Tree Protection Plan (TPP)
  • Tree / Arboricultural surveys and reports
  • Ecology / biodiversity reports
  • Flood Risk Assessments / Drainage Strategy
  • Fire Risk Assessments (full building/fire strategy reports)
  • Noise assessments
  • Transport / parking assessments (beyond basic layouts)

 

Note: LPA validation lists vary by council, and not all of the above will necessarily be required. We can advise on typical requirements, but it remains the client’s responsibility to obtain specialist reports unless specifically included in our Fee Proposal.