Integral Building Control Solutions Ltd Standard Terms of Business
TERMS AND CONDITIONS 2024
PART 1:CONTRACT DETAILS AND FEES
The client has appointed Integral BC Solutions Ltd as the Building Control Approver under the Building Act 1984 in connection with the project.
The project is as defined on the Application Forms
The duration of the project up to completion is as defined on the Application Forms
The company providing professional indemnity insurance in accordance with clause 8 is detailed in Appendix A.
Notwithstanding any other provisions in this contract (apart from clause 9.1), the Building Control Approver’s liability to the Client for any claims arising under or in connection with this contract (whether in contract, in tort (including negligence), for breach of statutory duty or otherwise) shall be limited to the greater of:
the Building Control Approver’s liability will be capped at the agreed Fee multiplied by ten.
£250,000
Or a sum agreed by all parties. Expenses and disbursements All other expenses and disbursements incurred by the Building Control Approver in performing the Services are included in the Fee with the exception of 1-7 to 1-10.
The agreed fee, as contained in the ‘Details of Approved Inspector appointment’, shall be charged on a lump sum basis, unless otherwise agreed between the parties to this contract. The Fee/charge for Additional Work is calculated as detailed in Appendix B.
Where Structural Calculations are submitted it may be necessary for them to be independently assessed by an external checking Engineer. In these instances Integral BCS will charge an additional sum.
Where works are occupied before a Final Certificate is issued and following 2 months of occupation [and a Final Certificate not being issued] the Building Control Approver will charge an additional sum of £50+vat per month.
Where the Description of works, estimated cost of works, duration on site, start date or any other significant item changes an additional sum may be charged by the Building Control Approver to cover resource costs. The Fee/charge for significant changes is calculated as detailed in Appendix B.
Supplementary charges: Integral BC Solutions Ltd reserve the right to make additional charges as detailed in Appendix B.
PART 2: SERVICES
Exercising the reasonable skill and care set out in clause 4.1, the Building Control Approver shall undertake the following services:
Instructions: Receive instructions, brief and necessary documentation from the Client. Advise on procedure and programme for Building Regulation certification.
Initial Notice: Submit an Initial Notice(s) to relevant local authorities, and, where requested, copy to the Client.
Assessment of plans: Undertake an assessment of plans for compliance and communicate to the Client observed non-compliance with the Building Regulations, conditions pertaining to the approval or passing of plans and remedies available in the event of a dispute over compliance. Maintain appropriate records of the design assessment process.
Statutory Consultations: Consult with the fire authority and forward observations to the Client. Undertake all other statutory consultations forming part of the Statutory Functions and forward observations of consultees to the Client. Consider the desirability of undertaking additional consultations and communicate to the Client any consultees’ observations or advice beyond the scope of the Building Regulations. Alert the Client to provisions of legislation outside the Building Regulations believed to be relevant.
Plans certificate: If requested by the Client, when satisfied that the plans show no observed
contraventions of the Building Regulations, issue a plans certificate. Compile a schedule of modifications specified and/or further plans or information required to demonstrate compliance of plans.
Inspection Notification: Prepare an inspection and intervention plan (IIP) and if requested provide a copy to the Client.
Framework: Adopt an appropriate site inspection regime taking account of relevant factors, and keep under review. Make inspections of the site to observe compliance with the Building Regulations. Maintain appropriate records of site inspections, identifying the work inspected and any observed non-compliance. Communicate any observed contraventions of Building Regulations. Notify observed significant departures from plans to consultees. Consider the need for tests, throughout construction and at completion, inform the Client of the requirements; witness tests and receive certificates as appropriate. Request copies of such plans as are necessary in relation to the commissioning of services prior to issue of a Final Certificate(s).
Final Certificate: Having taken reasonable steps to be satisfied that the whole or part of the works forming part of the Project has been completed for Building Regulations purposes, issue a Final Certificate(s) and send to the Client. If requested by the Client, provide a list of inspections carried out. Retain statutory records for an appropriate period.
Negotiations: Assist with negotiations and applications for approvals under local Acts.
Design Team Meetings: Attend design team meetings, as agreed.
Consultation: Undertake further consultations, as agreed.
Site meetings: Attend site meetings, as agreed.
Further Inspection: Make further inspections of the site over and above those identified in the IIP, as agreed.
Outside Tests: Witness tests outside the site, as agreed.
Plans: Participate in assessing plans by electronic means (such as web collaboration tools or building information modelling).
Specialist Studies: Assist with advice on need for specialist studies and surveys of site.
Part 3: Conditions
Definitions
In this Contract (unless the context otherwise requires):
“Additional Work” means any additional or varied services which are not already covered by the Services and which are instructed by the Client and agreed by the Building Control Approver.
“Building Act” means the Building Act 1984 as amended by the Building Safety Act.
“Building Safety Act” means the Building Safety Act 2022, including the Secondary Legislation.
“BSR” means the Building Safety Regulator under the Building Safety Act.
“Building Regulations” means the building regulations made under the Building Act, including the Building Regulations 2010.
“Consumer” means an individual acting for a purpose which is wholly or mainly outside that individual’s trade, business, craft or profession.
"Defence Costs” means all costs and expenses (other than costs incurred in connection with dishonesty and fraud) which are incurred by the Building Control Approver (with prior written consent of its insurer) or its insurer in connection with the defence, investigation or settlement of any claim made against the Building Control Approver and notified under its insurance policy and in connection with any circumstances which might give rise to a claim.
“Fee” means the total amount to be paid to the Building Control Approver for the Services as specified in item E of the Contract Details.
“Final Certificate” means a certificate in accordance with Section 51 of the Building Act.
“Fire Safety Claims” means any claim, Defence Costs or claimant’s costs and expense directly or indirectly arising out of or in any way connected to:
The combustibility, fire protection performance, fire resistance or fire-retardant characteristics of any external cladding or roofing systems; and/or
Any internal fire protection systems; and/or
Any aspect of the fire safety or fire performance of a building or structure.
“Force Majeure” means any event outside of the Building Control Approver’s control, including without limitation, war, terrorism, sanctions, prohibitions or restrictions under any laws or regulations (including any trade or economic sanction laws or regulations), acts of God, flood, drought, earthquake or other natural disaster, and any epidemic or pandemic, including any consequences thereof.
“HRB Work” means higher risk building work as defined under the Building Act and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 as such definition may be amended from time to time.
“Initial Notice” means an initial notice to the relevant local authority notifying them of the Project under Section 47 of the Building Act.
“Insolvent” means as defined in section 113, Housing Grants, Construction and Regeneration Act 1996.
“Professional Conduct Rules” means the Professional Conduct Rules for Registered Building Control Approvers and the Health and Safety Executive’s Building Control Professional Codes and Standards.
“Professional Team” means any other party appointed by or to be appointed by the Client in addition to the Building Control Approver to provide services and/or works in relation to the Project.
“Relevant Event” means:
any change in any law, order, rules, regulations, codes of practice and/or decisions of a government body (including changes required as a result of and/or in relation to the Building Safety Act and/or any consequences thereof), and/or
the UK no longer being a member state of the EU (including the continuing consequences of the UK having left the EU), and/or any trade agreement between the UK and any country being entered into, abandoned, or delayed.
"Secondary Legislation” means the secondary legislation enacted under the Building Safety Act, including, but not limited to, The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023, the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 and the Building (Registered Building Control Approvers etc.) (England) Regulations 2024.
“Services” means the services described in item H of the Contract Details.
“Statutory Functions” means the duties of a Building Control Approver under the Building Act, the Building Safety Act and any regulations made under these Acts and formal guidelines issued by a government department.
Building Control Approver’s general obligations
The Building Control Approver shall carry out the Services and any Additional Work using reasonable skill, care and diligence in accordance with this Contract. Notwithstanding any other provision of this Contract: (i) the Building Control Approver shall have no greater obligation under or in connection with this Contract than to exercise reasonable skill, care and diligence and (ii) nothing in this Contract or otherwise shall impose any obligation, warranty or guarantee (whether express or implied) on or from the Building Control Approver that the Services and/or any Additional Work shall be suitable or fit for any specified purpose.
The Building Control Approver shall exercise the standard of skill and care required by clause 4.1 in performing the Services and any Additional Work to have due regard to the Professional Conduct Rules and where possible to any programme for the Project (as amended from time to time and provided to the Building Control Approver in writing).
The Building Control Approver shall have no responsibility and/or liability under or in connection with this Contract for the performance and/or the supervision of any member(s) of the Professional Team in relation to the Project and the Building Control Approver shall have no responsibility and/or liability in respect of quality control of the works.
The Building Control Approver shall have no responsibility and/or liability for any failure by the Client or any member(s) of the Professional Team to comply with their obligations under the Building Safety Act. Any delay arising as a result of such failure shall entitle the Building Control Approver to an additional fee and extension of time in accordance with clause 6.5.
Where, prior to the date of this Contract, the Client had previously appointed a party to undertake services the same or substantially similar to the Services in respect of the Project, the Client shall provide (or procure that others in the Professional Team provide) prior to commencement of the Services such information, designs and materials previously prepared or provided by the relevant party to the Building Safety Approver as required for the Building Safety Approver to perform the Services. The Building Control Approver shall be entitled to rely on any information, designs, reports or other materials provided to it by or on behalf of the Client (whether or not the same was prepared by or on behalf of the Client).
The Building Control Approver shall not be responsible and/or liable for (i) the use of any information, and/or (ii) any inaccuracy, discrepancy, errors, or omissions contained in any materials and/or information, provided to the Building Control Approver pursuant to clause 4.5.
The Building Control Approver shall take such steps as are reasonable to enable it to determine that a Final Certificate can be issued, and if so determined, it shall issue a Final Certificate. Any Final Certificate is based on the information and documents provided to the Building Control Approver by the Client and the Services and Additional Work performed and is not a representation that every aspect of the Project complies with the Building Regulations and/or conclusive proof of the Project’s compliance with the Building Regulations.
The Building Control Approver shall not be responsible and/or liable to any party under or in connection with this Contract for any delay in issuing the Final Certificate and shall not be responsible and/or liable for any additional fees that are payable to the relevant local authority and/or any other costs, as a result of the Building Control Approver being unable to issue a Final Certificate at any time.
Client’s information and obligations
The Client shall provide, or procure that other duty holders under the Building Safety Act provide, such information, documents, assistance and approvals as the Building Control Approver reasonably requires or requests from time to time in order to facilitate the timely provision of the Services and any Additional Work and to allow the Building Control Approver to comply with its obligations under the Building Safety Act.
The Client shall be responsible for safe access to the Project being provided when the Building Control Approver reasonably requires it and shall procure such access and certification from any consultant, contractor or sub-contractor as is reasonably requested by the Building Control Approver.
The Client shall give the Building Control Approver not less than 7 days’ written notice before any works forming part of the Project are commenced and shall keep the Building Control Approver regularly informed of the progress of the Project. The Client shall give advance written notice to the Building Control Approver at any stage at which an inspection by the Building Control Approver is required.
The Client shall provide in a timely manner drawings and specifications including Site and block plans at not less than 1:1250 scale, showing all public services on or within 6 metres of the boundaries, and in sufficient detail to facilitate the proper serving of the Initial Notice and other legal documents as may be necessary.
The Client shall ensure that the details completed in sections 1, 2 and 3 of the Initial Notice are correct before signing (and/or arranging for it to be signed) and returning it to the Building Control Approver for submission to the relevant local authority. The Client shall ensure the Initial Notice is returned to the Building Control Approver in sufficient time so that it can be submitted to the relevant local authority not less than 5 working days before works commence on Site.
The Client shall be entirely responsible for the design, construction and management of the Project.
The Client shall be entirely responsible for obtaining and implementing all necessary permits, licences, consents and approvals, unless the Parties have otherwise agreed in writing and provided always that the obtaining and implementing of any necessary permits, licences, consents and approvals by the Building Control Approver shall be deemed Additional Work for the purposes of this Contract.
The Client and not the Building Control Approver shall be responsible for the Project’s compliance with the Building Regulations. The Services do not include and the Building Control Approver is not responsible for i) confirming whether the Building Regulations have been complied with, and/or ii) advising the Client and/or managing the Project to ensure that compliance with the Building Regulations is achieved.
The Client shall notify the Building Control Approver immediately if it does not consider itself to be, or ceases to be, the person carrying out the works for the purposes of the Building Regulations and will confirm the identity of the person carrying out the works to the Building Control Approver. The Client will procure the necessary consents and approvals from any other person carrying out the works in a timely manner to enable the Building Control Approver to perform the Services and any Additional Work.
Fee
The Client shall pay the Building Control Approver the Fee for the Services together with any additional fees incurred pursuant to this clause 6 and any expenses, disbursements and charges.
The Building Control Approver shall submit invoices to the Client in accordance with the Instalment Payments specified in item G of the Contract Details and where payment is on a time charge basis, invoices shall be submitted monthly unless otherwise specified in item G of the Contract Details.
The sum stated as being due in the Building Control Approver’s invoice shall be paid by the Client to the Building Control Approver within 28 days from the date of the Building Control Approver’s invoice.
The Building Control Approver shall be entitled on an annual basis to review and revise, in accordance with the Office of National Statistics Consumer Prices Index, its rates set out in item E of the Contract Details or, if none are stated, the Building Control Approver’s standard rates applicable at the relevant time. The Fee and any additional fee shall be calculated in accordance with the rates as revised under this clause and the Building Control Approver shall be paid in accordance with such revised rates and Fee.
Where the Client instructs the Building Control Approver to undertake Additional Work, the Client shall pay the Building Control Approver on a time charge basis for undertaking the Additional Work, at the rates set out in item E of the Contract Details and the Building Control Approver shall be entitled to a fair and reasonable adjustment to the programme for performing the Additional Work. The Building Control Approver may include the charge in the next payment instalment after the Additional Work (or part of it) has been performed.
Notwithstanding the foregoing, if, as a result of (i) a Relevant Event, and/or (ii) any Force Majeure, Additional Work is performed and/or costs incurred, and/or (iii) there are changes in the timing or programming of the Services and/or Additional Work and/or (iv) if the Building Control Approver is delayed, disrupted, or prolonged in all cases for reasons other than the Building Control Approver’s default, then the Client shall pay the Building Control Approver on a time charge basis for the Additional Work undertaken by the Building Control Approver as a result of the Relevant Event and/or Force Majeure and/or change in the timing or programming of the Services and/or as a result of any delay, disruption or prolongation, at the rates set out in item E of the Contract Details and the Building Control Approver shall be entitled to a fair and reasonable adjustment to the programme.
The Building Control Approver shall not be in breach of this Contract and shall have no liability under or in connection with this Contract as a result of (i) any act, omission, or default, (ii) any failure to perform the Services and/or Additional Work in accordance with this Contract (iii) any prolongation or delay to the Services and/or Additional Work, and/or (iv) any termination of the Building Control Approver’s appointment under this Contract, to the extent that any of the preceding is caused or contributed to by any Relevant Event and/or Force Majeure.
Intellectual property
The intellectual property rights in all documents produced and/or prepared by the Building Control Approver under or in connection with this Contract (the “Documents”) shall vest or remain vested in the Building Control Approver. Subject to payment in full by the Client of all sums owed to the Building Control Approver under this Contract, the Building Control Approver grants to the Client an irrevocable, non-exclusive, royalty free licence to copy and use the Documents for any purpose related to the Project.
The Building Control Approver shall not be liable for any use of any of the Documents for any purpose other than that for which they were prepared and provided by the Building Control Approver.
Insurance
The Building Control Approver shall, provided it is available at commercially reasonable rates and on commercially reasonable terms, maintain professional indemnity insurance and public liability insurance with such aggregate limit of indemnity as is sufficient to cover its liability under this Contract, subject to any limitations, exceptions and/or exclusions from cover as are commonly included in professional indemnity insurance and public liability insurance policies.
Limit on liability
Nothing in this clause 9 shall limit the Building Control Approver’s liability for negligence resulting in death or personal injury and/or for fraud or fraudulent misrepresentation.
Notwithstanding anything to the contrary contained in this Contract and without prejudice to any other provision of this Contract whereby the Building Control Approver’s liability is excluded or limited to a lesser amount, the Building Control Approver’s total aggregate liability (including, without limitation, legal costs and interest) under or in connection with this Contract, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, shall be limited to the amount set out in item D of the Contract Details.
Subject to clause 9.2, the Building Control Approver’s liability (including, without limitation, legal costs and interest) under or in connection with this Contract in respect of Fire Safety Claims shall be limited to the amount, if any, recoverable by the Building Control Approver by way of indemnity against the Fire Safety Claim in question under the Building Control Approver’s professional indemnity insurance policy in force at the time that the Fire Safety Claim is notified.
The Building Control Approver shall have no liability whatsoever and however so arising out of or in connection with war, civil disorder, terrorism, mould, spores, asbestos, pollution and/or contamination and any fitness for purpose requirement in relation to the Project.
The Building Control Approver’s liability to the Client under or in connection with this Contract shall not exceed such sum as it would be just and equitable for the Building Control Approver to pay having regard to the extent of the Building Control Approver’s responsibility for the loss and/or damage and on the assumption that all members of the Professional Team and/or other persons involved in the Project have paid to the Client such sums as it would be just and equitable for them to pay
Without prejudice to any shorter statutory limitation period, no action, claim or proceedings arising out of or in connection with this Contract (howsoever arising) shall be commenced and the Building Control Approver shall have no liability for a claim arising out of or in connection with this Contract (howsoever arising) after the expiry of six years from the date of completion of the Services or the termination of this Contract, whichever is earlier.
Suspension and termination
In the event that any sum is not paid by the Client to the Building Control Approver in accordance with clause 6 the Building Control Approver shall be entitled to:
Suspend performance of all or any part of the Services by giving not less than 7 days’ notice in writing to the Client; and/or
Terminate this Contract immediately by notice in the event the Client has not paid any sums due and outstanding to the Building Control Approver in accordance with clause 6 within 30 days of written notice from the Building Control Approver requiring such sums to be paid.
The Client may terminate this Contract forthwith by written notice to the Building Control Approver if:
The Building Control Approver is in material breach of its obligations under this Contract and has failed to remedy the breach within 28 days of the Client notifying the Building Control Approver of the same; or
The Building Control Approver becomes Insolvent.
The Building Control Approver may terminate this Contract forthwith by written notice to the Client if:
The Client is in breach of its obligations under this Contract and has failed to remedy the breach within 28 days of the Building Control Approver notifying the Client of the same;
The Building Control Approver is prevented or impeded in performing the Services as a result of (i) Force Majeure and/or (ii) any changes and/or amendments to laws, orders, rules, regulations, codes of practice and/or decisions of a government body (including any changes required as a result of and/or in relation to the Building Regulations, the Building Act and the Building Safety Act);
The Client becomes Insolvent;
The Building Control Approver reasonably believes that it will not be in a position to issue a Final Certificate;
The Building Control Approver considers that there is a conflict between its obligations under this Contract and the Statutory Functions;
The Building Control Approver considers that it is necessary to cancel the Initial Notice under Section 52(1) of the Building Act;
The Building Control Approver is unable to maintain professional indemnity insurance and/or public liability insurance in accordance with clause 8.1;
The BSR suspends, terminates or places restrictions on the Building Control Approver’s registration which prevent the Building Control Approver from carrying out the Services or from undertaking any Additional Work instructed pursuant to clause 6.5; and/or
The Project constitutes or involves HRB Work.
If this Contract has been terminated, the Client shall pay to the Building Control Approver all sums owed under this Contract in respect of Services and/or Additional Work carried out up to the date of termination and not previously paid to the Building Control Approver by the Client at the date of termination along with any costs or expenses incurred by the Building Control Approver as a result of termination where the Contract is terminated in accordance with clauses 10.1 and/or 10.3.
Rights of third parties
A person who is not a party to this Contract may not by virtue of the Contracts (Rights of Third Parties) Act 1999 enforce any of its terms.
It is agreed and acknowledged that the Building Control Approver shall not be required to enter into any collateral warranties with any third parties, provide any letters of reliance and/or grant any rights to any third parties under or in connection with this Contract.
The Building Control Approver shall not be required to comply with any agreement between the Client and any third party and the Building Control Approver shall have no obligations and/or liabilities arising out of or in connection with any agreement between the Client and any third party.
General
This Contract is governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.
This Contract constitutes the entire agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to or connected with this Contract and/or the Services (whether oral or in writing).
Where the Client is a Consumer, the Client shall have the right to cancel this Contract for any reason by sending the Building Control Approver notice of cancellation in the form set out in Part 3 of this Contract within 14 days of the date this Contract takes effect. If the Client has instructed the Building Control Approver to perform Services and/or Additional Work at any time before the expiry of the 14-day period provided for in this clause, the Client shall pay the Building Control Approver any Fee and/or any expenses incurred up to the date the Building Control Approver received the notice of cancellation of the Contract.
The Client and the Building Control Approver can give notice to each other in writing under this Contract by personal delivery. They can also give notice by post, in which case delivery is effective two working days after posting. Notices must be sent to the address notified by the other party.
If the Client is not satisfied with the Building Control Approver’s performance of the Services or any Additional Work, it may ask the Building Control Approver to implement the Building Control Approver’s complaints handling procedure. The Building Control Approver shall provide a copy of the procedure on request.
The Client and the Building Control Approver shall consider in good faith whether any dispute or difference between them is suitable for resolution by mediation, and if so shall take the appropriate steps with a view to resolving the dispute or difference by mediation. Subject to clause 9.6, either Party may, at any time, commence court proceedings to resolve any dispute.
GUIDANCE
These notes are for general guidance only and are not intended to affect the interpretation of the Contract. Legal/professional advice should be sought to cover any particular situation.
This Contract should be used for all Projects where the Client is a domestic client (i.e. where it is one or more individuals who are owners or occupiers of a dwelling) and/or where the project value is less than £500,000 Where the anticipated and/or actual project value is greater than £500,000, the ABCA Contract for the Appointment of a Building Control Approver should be used.
It should be noted that this Contract is an interim draft which has been prepared to comply with the Building Safety Act as in force at the time of writing. It is acknowledged that the Building Safety Act may be subject to further amendment or guidance and that this Contract may need to be revised if substantive changes are made to the role of the Building Control Approver under the Building Safety Act or if further guidance is issued by the BSR.
On page 1, the Client and the Building Control Approver should sign the Contract and print their names. The date of the latest signature should be inserted at the top of page 1. It is usual for each party to keep a copy of the Contract signed by the other party. (Note that when a contract has been concluded, the parties and their advisers are permitted to photocopy the signed contract for their use. Otherwise, it is a breach of copyright to photocopy the contract or reproduce or transmit it in any way without the publishers’ permission.)
Completing the Integral Building control Solutions Application Form:
All information provided in the application form must be accurate and complete to the best of the applicant’s knowledge. Any inaccurate information or omission of information could result in additional charges as outlined in clause 1.10, and/or, result in the Initial Notice or Final Certificate being considered invalid.
Notes on the Terms and Conditions
The Contract is governed by English Law and any disputes arising out of or in connection with the Contract shall be resolved exclusively by the courts of England and Wales.
There is uncertainty over who is ‘the person carrying out the works’ for the purposes of the Building Regulations and so there is an assumption in clause 5.9 that this is the Client. If the Client does not consider that this is correct, then they shall notify the Building Control Approver.
In Clause 5.7, if the Parties agree in writing that the Building Control Approver shall be responsible for the obtaining and implementing all necessary permits, licences, consents and approvals, then such services will be outside the statutory functions of the Building Control Approver. Note that typical Building Control Approver professional indemnity insurance only covers liability arising from the statutory obligations of a Building Control Approver. Therefore, if any non-statutory services are provided (including pursuant to clause 8), the Building Control Approver will need to maintain separate professional indemnity insurance to cover any liability arising under or in connection with any non-statutory services.
In Clause 9.2, the Building Control Approver’s total aggregate limit on liability is limited to the lesser of (i) the Project Value or (ii) £250,000 or (iii) ten times the Fee. This will need to be reviewed on a case-by-case basis to ensure that the cap on liability will not be deemed unreasonable and unenforceable (for example, where the project value is significantly higher and where it is a domestic client). The limit on liability must be no higher than the level of insurance maintained by the Building Control Approver, otherwise the Building Control Approver will be exposed to uninsured liability.
Following recent issues regarding fire safety, the insurance market has hardened and there is less cover available for fire safety claims. Therefore, the Contract (in clause 9.3) includes an evaporation clause whereby the Building Control Approver’s liability for fire safety and/or cladding claims, has been limited to the lesser of the financial cap on liability stated in item D of the Contract Details or the amount (if any) recoverable by way of indemnity under the Building Control Approver’s professional indemnity insurance.
As with fire safety, there is very limited insurance cover available in the market for asbestos, and in respect of pollution and contamination it is common for typical professional indemnity insurance to exclude liability for these all together. In clause 9.4, liability in respect of asbestos, pollution and contamination have been excluded in their entirety.
In Clause 9.5, the Contract also includes what is called a ‘net contribution’ clause, which provides that if both the Building Control Approver and another party are liable to the Client in respect of the same loss or damage, the Building Control Approver will only have to pay a fair and reasonable proportion of the Client’s losses, having regard to the extent of the Building Control Approver’s responsibility for the loss or damage. This is needed because a number of different parties will be working on the Project and it is unreasonable for the Building Control Approver to be liable for all the loss suffered by the Client if another party was partially responsible for the same loss.
If the Client is a Consumer (as per clause 12.3) then it is important that the Registered Building Control Approver talks through any key points of this Contract and arranges for the document to be signed by both parties before it commences work.
The Services (Part 4)
The Services to be provided should be clearly set out in Part 4 and should reflect what the Parties have agreed. If the Building Control Approver is to undertake any Additional Work, this should also be clearly set out in Part 4. Any services requested after the Contract has been entered into will be charged on a time basis (see clause 6).
Appendix A:
The company providing Professional Indemnity Insurance is Specialist Risk Solutions Limited.
Appendix B:
Supplementary charges
Additional documentation:
Where an Amendment Notice is required due to incorrect information supplied on the Application Forms: £60 + VAT
Cancellation of an Initial Notice: Minimum fee of £350 + VAT plus any additional time spent on the application.
Extension of Time request:£50 + VAT/Month
Issue of copy documentation:£50 + VAT
Retrieval of project from archive:£50 + VAT
Change of Dutyholder:£50 + VAT
Domestic [non-mandatory] Plans Certificate:£100 + VAT
Other [non-mandatory] Plans Certificate:£150 + VAT
Pending and On-Hold Projects
Where a project has not started on site and more than 2 months have passed from the proposed start date, or Integral has been informed that the works will be delayed for more than 2 months, the project will be considered On Hold.
Integral will charge a fee of £150 + VAT for every 3 months a project is On Hold.
Additional site inspections:
Domestic projects£125 + VAT per visit
Residential projects£150 + VAT per visit
Commercial projects – RRO applies£175 + VAT per visit
Additional Design Stage Assessment (where design has significantly changed):
New Dwelling£150 + VAT
Other Projects£300 + VAT
Fire Authority Re-consultation£150 + VAT
Failure to notify Integral BC Solutions Ltd of the completion of work:
Necessitating additional correspondence:£60 + VAT
Resulting in aborted/additional site inspections:£175 + VAT per visit
Hourly Rates:
Admin:£45 per hour
RBI Class 1 Surveyor:£50 per hour
RBI Class 2 Surveyor:£80 per hour
RBI Class 3 Surveyor:£115 per hour
Director:£195 per hour
