Terms & Conditions
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TERMS & CONDITIONS
This document constitutes the legally binding agreement (the “Agreement”) between Extension Architecture & Interiors Ltd (the “Company”) and the “Client,” governing the provision of architectural and related services (the “Services”). By engaging the Company’s Services, the Client agrees to these terms in full.
1. Definitions and Interpretation
1.1. “Client”: The individual or entity engaging the Company’s Services under this Agreement.
1.2. “Services”: The architectural and related professional services outlined in the fee proposal or subsequent written agreements.
1.3. “Scope of Work”: The specific tasks, deliverables, and responsibilities agreed upon in writing by the Company and the Client.
1.4. “Fee Proposal”: The document provided by the Company outlining the indicative fees, Services, and Scope of Work.
1.5. “Disbursements”: Third-party costs or expenses incurred in the delivery of Services, including but not limited to planning fees, OS maps, and specialist reports.
1.6. “Force Majeure”: Events beyond the reasonable control of either party, including but not limited to natural disasters, government actions, or civil unrest, which prevent or delay the performance of obligations under this Agreement
2. Scope of Services
2.1. The Company agrees to perform the Services in accordance with the terms outlined in the Fee Proposal and this Agreement, subject to adjustments as necessary following the initial site consultation.
2.2. Services will adhere to the RIBA Standard Conditions of Appointment for an Architect 2020, except where varied by this Agreement.
2.3. The following services are excluded unless explicitly agreed upon under separate written arrangements:
2.3.1 Services not specifically outlined in the agreed scope for the relevant services.
2.3.2 Any design changes or adjustments requested after the conclusion of the design phase or after construction has commenced.
2.3.3. Any services for additional pre-app stages (stage 0-2) for stage 2, post submission of the first round of pre-app application, except monitoring the application and attending video meetings with the planning officer.
2.3.4 Multiple changes or optional design development during stage 2/design phase, except space planning and layout reviews as part of developing suitable designs within reason.
2.3.5 The agreed fee covers the planning, or structural design of one primary scheme, with up to three iterations or refinements of that scheme. These iterations are intended to progressively develop and optimise the chosen design and may include adjustments based on client feedback, coordination with other disciplines, or compliance with regulatory requirements. For the avoidance of doubt, this scope does not include the development of multiple distinct or alternative layout or structural design schemes in parallel (e.g. separate concepts. Should the client request the development of more than one distinct design option, this will constitute a variation to the original scope and will require a separate fee agreement.
2.3.6 Preparation of any interior design and related specifications, detailed furniture, and other during RIBA Stage 0-2 (Design Phase) unless otherwise agreed.
2.3.7 Site supervision, project management, or technical compliance checks during construction unless agreed.
2.3.8 Coordination between suppliers, subcontractors, or other consultants unless specified in the Fee Proposal.
2.3.9 The fee doesn’t include any site visits or meeting attendances above the indicated numbers or if a reasonable amount as allowed has been exhausted.
2.3.10 Site coordination or project management of any aspects on-site and during construction unless agreed.
2.3.11 Any liabilities for the design of below-ground structures, underpinning, specialist basement waterproofing, temporary works, flat roof waterproofing, cladding design.
2.3.12 Professional services typically provided by other consultants.
2.3.13 Any application fees, disbursements, or fees of other consultants.
2.3.14 Any other work not specifically described in our inclusive services.
2.3.15 Any coordination between suppliers, subcontractors, and general contractor unless agreed.
2.3.16 Site supervision, quality control checks, and coordination with contractors or suppliers unless specifically included.
2.3.17 Revisions or design updates to interior layouts or materials after the confirmed tender submission unless required due to changes in scope.
2.4. We would normally advise undertaking a feasibility study before the preparation of full technical drawings and specifications. This service gives the Client an overview of the project in relation to budget, estimations, options, and risk. Feasibilities allow the opportunity to alter, amend or even abort the project without incurring further costs.
2.5. All costing and estimations to be part of RIBA Stage 4 packages or Project Management service.
2.6. If a complete scheme design change is required due to unforeseen circumstances, we reserve the right to review our fee.
2.7. Should the work be amended, reduced, or aborted at any time, we reserve the right to charge for this element on our time charge basis.
3. Fees and Payment Terms
3.1. Indicative Pricing: Fees are indicative at the proposal stage and subject to revision following an initial site consultation, depending on project complexity or additional requests.
3.2. Additional Fees: The Company reserves the right to amend fees if the Scope of Work changes. The Client will be notified of any adjustments in advance.
3.3. Disbursements: The Client is liable for all disbursements unless explicitly agreed otherwise in writing.
3.4. VAT: All fees exclude VAT unless explicitly stated.
3.5. Payment Schedule for Specific Services
The Client agrees to pay fees in accordance with the following payment schedule for the listed services:
Planning:
- 50% upon instruction.
- 50% upon completion of services, prior to submission.
- 50% upon instruction.
- 50% upon completion of services, prior to submission.
- 100% upon instruction.
100% upon instruction.
Tender Fees:
- 50% upon instruction.
- 50% upon completion of services, prior to submission.
- 50% upon instruction.
- 50% midway through the project.
- 50% upon instruction.
- 50% midway through the project.
In the event that any payment due under this Agreement remains unpaid beyond 14 days from the invoice date, the following actions will apply:
3.6.1. The Company reserves the right to suspend or cease providing further Services until the outstanding payment is made.
3.6.2 Interest will be charged on overdue amounts at a rate of 5% per annum above the base rate of the Bank of England.
3.6.3 The Client agrees to cover all costs of recovery, including legal and administrative fees, should the Company need to pursue payment through debt recovery or legal means.
3.6.4 If the Client fails to pay any outstanding amounts within 30 days of the due date, the Company may terminate this Agreement and any future obligations related to the Services. In such an event, the Client will remain liable for all amounts due up until the date of termination, including any costs arising from the termination.
4. Compliance with Section 49 of the Consumer Rights Act 2015
4.1 Extension Architecture & Interiors Ltd is committed to providing Services with reasonable care and skill, in full compliance with Section 49 of the Consumer Rights Act 2015. This means the Company will undertake the agreed Scope of Work to a professional standard, consistent with industry norms and best practices in construction and engineering design.
In the event the Client believes the Services provided do not meet this standard, the following procedure applies:
- Notification of Issues: The Client must notify Extension Architecture & Interiors Ltd in writing within 14 days of discovering the issue, providing specific details of the alleged deficiency.
- Opportunity to Rectify: The Company reserves the right to review the issue and, where applicable, take corrective action within a reasonable timeframe at no additional cost, within reason, to the Client.
- a. The Company shall not be held liable for any deficiencies arising from inaccurate information, incomplete documentation, or third-party actions (including contractors or consultants) beyond its control.
- b. Liability shall also be excluded where issues arise from deviations from the designs caused by site conditions or contractor decisions that have not been communicated to the Company.
4.2 The Client acknowledges that construction and engineering projects inherently involve collaboration with third parties, including contractors, consultants, and regulatory authorities. While the Company endeavors to ensure all designs meet applicable building standards and regulations, the ultimate responsibility for site execution rests with the contractor or builder unless explicitly agreed otherwise in writing.
4.3 Should a dispute arise, both parties agree to resolve the matter amicably in the first instance. If unresolved, disputes will be addressed under the pre-action protocols for construction and engineering disputes as outlined in the Civil Procedure Rules, ensuring fair and efficient resolution.
5. Ownership of Documentation
5.1. All design files, including DWG (CAD) and RVT (Revit) files, remain the property of Extension Architecture & Interiors Ltd.
5.2. The Client may request these files for distribution subject to a release fee of £650 + VAT.
5.3. The Company accepts no liability for discrepancies or issues arising from the use of distributed files.
5.4. In instances where the Client provides DWG drawings from a previous architect or consultant, Extension Architecture & Interiors Ltd shall not be held liable for any discrepancies in measurements or details. If the Company identifies any discrepancies in these drawings, additional charges may apply for the extra services required to address and resolve such issues.
6. Liability
6.1. The Company shall not be liable for:
- 6.1.1 Discrepancies or deficiencies arising from third-party services or Client-provided documentation.
- 6.1.2 Additional costs incurred as part of council requirements or planning application refusals.
- 6.1.3 Issues relating to construction where supervision or project management services were not explicitly contracted.
6.2. The total liability of the Company under this Agreement shall not exceed the fees paid by the Client for the Services.
6.3 The Company cannot guarantee approval of planning applications, as decisions are subject to the discretion of local councils and planning authorities. If an application is refused or additional revisions are required to meet the council’s feedback, the Client will be responsible for any associated costs, including but not limited to:
- 6.3.1 Preparation and submission of revised drawings or documents.
- 6.3.2 Additional planning consultation fees.
- 6.3.3 Disbursements incurred for updated reports or assessments (e.g., ecological, arboricultural, or transport studies).
- 6.3.4 Re-application or appeal fees charged by the planning authority.
6.4 Planning approvals may include conditions requiring the submission of further information or compliance with specific stipulations to be discharged. The preparation and coordination of any additional documents or drawings to discharge such conditions are not included in the original fee unless expressly stated. The Client will be responsible for any additional costs incurred.
6.5 In cases where the council mandates input from third parties (e.g., neighbours, conservation officers, or statutory consultees), the Company shall not be liable for delays, additional expenses, or requirements arising from such consultations. Any costs associated with addressing third-party feedback or objections will be borne by the Client.
6.6 The Company is not liable for unforeseen directives issued by the council that result in the need for substantial design alterations or project scope changes. If such directives arise, the Client will be notified.
6.7 The Company requires that any builder or contractor engaged by the Client for the execution of works under this Agreement, where Extension Architecture & Interiors Ltd is appointed as the contract administrator or project manager, shall use either a JCT (Joint Contracts Tribunal) contract or a Design and Build contract
for the duration of the project. The Client acknowledges and agrees that the Company will not work with or provide Services to any builder or contractor who does not enter into one of these contracts, as they ensure that the rights, obligations, and responsibilities of all parties are clearly defined and legally binding. The Client is responsible for ensuring that any builder or contractor appointed for the project complies with this requirement.
7. Survey Notes
7.1 Extension Architecture & Interiors Ltd will not be held liable for any deficiencies in the site survey. The original fee structure offers two options: A) a measured survey conducted by a representative of Extension Architecture, or B) a chartered survey carried out by an external surveyor to which EA will obtain a quote for you. By selecting Option A, the Client acknowledges and accepts that Extension Architecture cannot be held responsible for any issues arising from the site survey.
7.2 As part of our service, we will conduct a measured CAD survey of the property. However, please note that this survey is non-invasive and does not provide access to internal structures such as floors, walls, or other concealed elements. It is not within the scope of our service to perform invasive investigations or to inspect conditions hidden within the existing building fabric. The responsibility for conducting any required invasive surveys or investigations, including structural assessments, lies with the building contractor or a chartered surveyor. The contractor must ensure that our designs are feasible and that any potential issues with the drawings are identified at the quotation stage. If necessary, the contractor should provide a Provisional Sum allowance for works that may be required to address any potential issues, even if these are not immediately apparent. We cannot be held liable for any additional costs arising from the contractor’s failure to carry out appropriate investigations or surveys, whether invasive or non-invasive. Furthermore, the contractor is responsible for informing us in writing of any inaccuracies found in our designs, so that they can be addressed and incorporated into the final quotation. It is the contractor’s responsibility to undertake any exploratory or investigatory work required to verify that the designs account for all structural requirements, and to ensure that all necessary structural works are included in their pricing, whether or not they are explicitly outlined in our designs. The architect, designer, or structural engineer shall not be held responsible for any additional works required beyond the scope of the designs provided. Any invasive survey work requested by the contractor, such as asbestos testing, determining the direction of floor joists, or inspecting hidden structural elements behind plasterboard, will incur additional charges, which will be billed separately from the fees outlined in this Agreement.
7.3 Our survey notes may deviate from any basic real estate floor plans, which had many inaccuracies.
7.4 Please note that physical restrictions in the property caused by furniture, mess & debris during the site visit, internal measurements may be inaccurate when measured on-site. In such situations, best approximations are made using available contextual measurements and the photographic survey photos.
7.5 Tree indications in DWG files are indicative only. A separate arboricultural survey is required for precise assessment.
7.6 The survey does not constitute a guarantee of compliance with local building regulations or a comprehensive structural analysis.
7.7 In the event that on-site conditions necessitate a deviation from the approved designs, Extension Architecture & Interiors Ltd reserves the right to charge additional fees for any extra work required, provided such deviations are reasonable and necessary to accommodate the site conditions. These additional costs will be communicated to the Client and agreed upon in writing prior to implementation.
7.8 Please note that access and significant weather restrictions for measuring outside the property, some external measurements for the external boundary of the property (e.g. roof , dormer & attic dimensions) may not be measured on-site. In such situations, best approximations are made using available contextual measurements and the photographic survey photos.
7.9 Boundary pegging, and party wall awards are not included within our services.
7.10 Please note that some assumptions have been made for aspects which would have required a more intrusive survey. Some of these include, but not limited to:
8. Client Obligations
- 7.10.1 Where appropriate, internal walls have an assumed thickness of 150mm
- 7.10.2 Where appropriate, external walls have an assumed thickness of 300mm
- 7.10.3 Where appropriate, Internal floors have an assumed thickness of 200mm
8.1 All instructions to Extension Architecture & Interiors ltd should be given in writing.
8.2. Once the Building Regulation Drawings and Structural Calculations have been completed by Extension Architecture & Interiors Ltd, it is the Client’s responsibility to appoint an approved Building Control Inspector to review and check the drawings prior to construction. The Client acknowledges and agrees that it is their responsibility, in collaboration with the appointed contractor, to ensure that all drawings are thoroughly checked and verified before construction begins. Additionally, the Client and the appointed contractor must ensure that any necessary invasive surveys, structural assessments, or investigations are conducted prior to the commencement of construction, to verify the drawings.
8.3.It is important that the Client confirms the available budget for the building works before design work commences. If the budget is not confirmed at the outset and value engineering or redesign is required later to align with the available budget, such work will be chargeable.
8.4 The Client agrees to make timely decisions and provide necessary approvals as required throughout the design and construction process. Delays in decision-making or failure to provide timely approvals may result in project delays or additional costs, which may be chargeable.
8.5 The Client is responsible for providing all necessary and accurate information, including site details, structural reports, existing drawings, or any other relevant documents, to enable the Company to carry out the required services effectively. Any delays or inaccuracies in providing such information may result in delays or additional costs
9. Termination
9.1.Either party may terminate this Agreement by providing thirty (14) days’ written notice to the other party, specifying the reasons for termination.
9.2. Upon termination, the Company will cease all Services, and any deliverables completed up to the termination date will be provided to the Client, subject to payment of outstanding fees.
9.3 The Client agrees to pay for all Services performed up to the date of termination, including any disbursements incurred and any agreed additional fees.
9.4 If termination occurs after a specific project milestone has been completed, the fees for that milestone will be considered payable in full.
9.5 Any expenses or costs incurred due to the termination, such as demobilisation or reassignment costs, may be charged to the Client, provided such costs are reasonable and documented.
9.6 Termination of this Agreement shall not affect the rights and obligations of either party accrued up to the date of termination. Clauses related to intellectual property, liability, confidentiality, fees, and dispute resolution shall survive the termination of this Agreement.
9.7 If the Client qualifies as a consumer under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, they have the legal right to cancel this Agreement within fourteen (14) days from the date of signing, without providing a reason. To exercise this right, the Client must notify Extension Architecture & Interiors Ltd in writing, either by email or letter, clearly stating their decision to cancel.
9.8 If the Client requests that the Company begins providing Services during the 14-day cooling-off period and subsequently exercises their right to cancel, the Client agrees to pay for the Services already provided up to the date of cancellation. The cost will be calculated on a pro-rata basis, based on the agreed fee structure.
9.9 If the Services have been fully completed within the 14-day cooling-off period and the Client had expressly requested their immediate commencement, the Client acknowledges that their right to cancel may no longer apply.
10. Governing Law and Dispute Resolution
10.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
10.2. Any disputes arising under this Agreement shall first be resolved through mediation. If mediation fails, disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Steph Fanizza
Architectural Design & Team Manager