1. These terms and conditions are for the provision of approved building control inspector services in accordance with The Building (Approved Inspectors Etc.) Regulations.
  2. It should be noted that an Approved Inspector is not able to provide Building Control services if:
    1. The project has already ‘commenced’ or
    2. There is a likelihood that works are due to ‘commence’ within a five-working day period following the receipt of theconfirmation of appointment. (If in doubt please contact us for a description of ‘commencement’)
  3. Work on a building control project can only commence upon receipt of a valid confirmation of appointment from either the client or the client’s agent. (Completed OWL Project information Form)
    1. Letters confirming appointment can be sent either by post or email
    2. Agents confirming on behalf of clients should bring the terms of conditions of business to the client’s notice prior tosigning.
  4. Fees, and the schedule of payment of them, will be outlined in the quotation provided by OWL Building Control Solutions Limited at the start of the project and are valid for a period of 3 months. They are calculated on the basis that:
    1. The duration of the building work, from commencement to completion, does not exceed 12 months.
    2. The design and building work is undertaken by persons that are competent to carry out the work.
    3. The building work does not consist of or include innovative or high-risk construction techniques
  5. Additional design reviews and consultation services provided which result in revision to plans may incur additional fees at a rate of £80.00 per hour.
  6. By signing the confirmation of appointment form or letter, the client/agent is agreeing to the payment of those fees quoted and in accordance with the terms set out below.
  7. All invoices are to be paid within 14 days of them being issued. Late payments may incur an additional 2% per month interest charge.
  8. VAT is applicable to all fees and is charged at the standard rate. (VAT registration number 182 2463 86.)
  9. Plans submitted shall be in accordance with the building regulation and fire service authority requirements.
    1. Full size hard copy plans and A3 size PDF documents received by email or other electronic method attract no additionalfee.
    2. Larger format plans received electronically will be subject to printing costs at the rate charged by OWL Building ControlSolution Limited’s supplier.
  10. Upon completion of plan checking OWL Building Control Solutions Limited will provide a site inspection plan indicating at which stages of work an inspection is required.
  11. Inspection plans are based on works for all parts of the project running concurrently. Additional fees may apply if this is not the case.
  12. The client, his agent or the contractors should give adequate prior notice (24 hours) of the key stage inspections.
  13. Additional site inspection visits which occur as a result of either late completion of the stage, non-compliance or changes to the project will be charged at £100.00 per visit.
  14. It is the client’s responsibility to notify OWL BCS of completion of works and to ensure that reasonable provision is made to enable us to carry out an inspection. Failure to do so will incur an additional fee of £100.
  15. OWL Building Control Solutions Limited reserve the right to suspend services to the client if invoices are not paid in accordance with the payment schedule detailed above. OWL Building Control Solutions Limited will give notice to the client that services have been suspended.
    Director: Brian Gerhardt C.Build E MCABE
    Registered Office: Ramsbury House, 1B Charnham Lane, Hungerford, RG17 0EY
    Tel: 01488 669124 e-mail: briangerhardt@owlbcs.co.uk
    Registered in England and Wales Company No: 8739799 GEN/2018/04.8
  16. All fees must be paid before the final completion certificate will be issued.
  17. OWL Building Control Solutions Limited reserve the right to cancel the Initial Notice by sending a Notice of Cancellation to the Local Authority in the following circumstances:
    1. After a formal notice of contravention has been served and no action has been taken by the client to remove the contravention within the time requested.
    2. An inspector is prevented from carrying out their legitimate functions as an Approved Inspector by undue restrictions placed upon them by the client or their agents.
    3. An inspector is prevented from making site inspections due to dangerous or unsafe site conditions.
    4. Failure on the part of the client to submit requested information in a reasonable period of time.
    5. If after 3 years from the date the Initial Notice was served, works have not commenced.
    6. Any other condition or situation that prevents the inspector from carrying out their function as an Approved Inspector.
  18. In accordance with the Building Regulations Approved Inspector scheme, OWL Building Control Solutions Limited will maintain adequate insurance which is in accordance with the requirements of the Secretary of State. The liability of OWL Building Control Solutions Limited in providing the services shall not exceed the limitations of this insurance and shall be the same as that of Local Authority Building Control. Insurance details are available on request.
  19. Complaints, detailed in writing, will be handled in accordance with the OWL Building Control Solutions Limited complaints procedure, details of which can be provided on request.
  20. OWL Building Control Solutions Limited Privacy Notice can be viewed here: https://www.owlbcs.co.uk/privacy-and-cookie-notice/

Approved Inspector Additional Clauses Compliance with the Building Regulations

The [Client/Employer/Developer/Contractor/Other] has the statutory responsibility for the Project’s compliance with the Building Regulations and the Services do not include advising the Client or managing the Project to ensure that compliance is achieved or give rise to any duty to do so.

The Approved Inspector shall, in performing the Services exercise a reasonable level of skill and care and take such steps as are reasonable to enable it to be satisfied as to the Project’s compliance with the Building Regulations and if so satisfied, it shall issue a final certificate. The final certificate is not a representation that the Project as a whole or every aspect of the Project complies with the Building Regulations.

Termination Right

The Approved Inspector may terminate this contract forthwith by notice in writing if the Approved Inspector reasonably believes that it is impossible or impracticable to perform the Services as a result of any circumstances for which the Consultant is not responsible and/or that the Consultant will not be in a position to issue a final certificate on completion. Following termination by the Approved Inspector or the Client, the Approved Inspector is entitled to write to the Local Authority (with a copy to the Client) cancelling the initial notice under the Building Regulations, in which case the Approved Inspector functions will revert to the Local Authority and the Approved Inspector will be discharged from all requirements to complete the Services or any Additional Work. The Approved Inspector shall not be liable for any losses, costs, expenses, damages, or liabilities that [the Client] may incur in such circumstances.

Limitations of Liability

The Approved Inspector’s obligation in relation to the performance of the Services shall be limited to the exercise of reasonable skill and care and shall only be liable if and to the extent that it has failed to exercise such skill and care

The Approved Inspector shall not be responsible for or have any duty or liability in connection with the supervision of any contractor or sub-contractor, nor shall the Approved Inspector have any responsibility, duty or liability as a result of in connection with the performance of any contractor or sub-contractor or any contractor or sub-contractor’s standard of workmanship.

Financial Cap

Notwithstanding anything to the contrary in [this Agreement], the liability of [the Consultant] under or in connection with [this Agreement] whether in contract or in tort [delict], in negligence, for breach of statutory duty or otherwise (other than in respect of personal injury or death) shall not exceed in aggregate the sum of [Insert Amount]

If no amount is inserted above, the liability of [the Consultant] shall not exceed in aggregate a multiple of ten times the total of the fees payable to [the Consultant] by [the Client].

Net Contribution

Further and notwithstanding anything to the contrary contained in [this Agreement] and without prejudice to any provision in [this Agreement] whereby liability is excluded or limited to a lesser amount, the liability of [the Consultant], if any, for any loss or damage (“the loss or damage”) in respect of any claim or claims shall not exceed such sum as it would be just and equitable for [the Consultant] to pay having regard to the extent of [the Consultant’s] responsibility for the loss or damage and on the assumptions that:

(i) all other consultants and advisers, contractors and sub-contractors involved in [the Project] shall have provided contractual undertakings to [the Client] on terms no less onerous than those set out in [this Agreement] in respect of the carrying out of their obligations in connection with [the Project]; and

(ii) there are no exclusions of or limitations of liability nor joint insurance or coinsurance provisions between [the Client] and any other party to [the Project] and that any such other party who is responsible to any extent for the loss or damage is contractually liable to [the Client] for the loss or damage; and

(iii) all the parties referred to in (i) above, have paid to [the Client] such proportion of the loss or damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss or damage.

Economic Loss Exclusion

Neither Party shall under any circumstances whatsoever be liable to the other for any direct or indirect loss of profit, loss of business or anticipated saving or special, indirect or consequential damage suffered by the other Party that arises under or in connection with this Agreement.