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Legal Documents

Terms and Conditions of Engagement

Hampshire Build Limited · Company No. 16074499 · Governed by English and Welsh law

Southgate Chambers, 37 Southgate Street, Winchester, SO23 9EH · 01722 548911 · mark@hampshirebuild.co.uk

All fees are exclusive of VAT at 20%.

These terms govern all services provided by Hampshire Build Limited ("we"/"us") to you. Paying the £250 + VAT deposit means you have read and accepted these terms in full. No separate signature is required.

Contents

1

Definitions

1.1
"You" / "Client" — the individual or entity instructing us, as named in the instruction email or invoice.
1.2
"We" / "Us" — Hampshire Build Limited.
1.3
"Package" — one of: Pre-Build Package, Premium Package, or Premium Plus Package.
1.4
"Project" — the works at the property confirmed at instruction.
1.5
"Drawings" — all architectural, planning, and building regulations drawings we produce.
1.6
"Drawing Package" — the complete set of drawings and structural calculations issued for your project.
1.7
"Contractor" — any builder or tradesperson you engage.
1.8
"Structural Revision" — an amendment to structural drawings required because of conditions found during construction that were not visible at survey.
1.9
"Design Consultation" — the collaborative design development process between survey and issue of final drawings.
1.10
"Working Day" — Monday to Friday, excluding bank holidays in England and Wales.
1.11
"Indicative Timescale" — any timeframe we communicate, whether verbally, by email, or on our website, which is an estimate only and not a contractual commitment.
2

Engagement and Instruction

2.1
We are engaged when your £250 + VAT deposit clears. No signature is needed. We may decline any instruction before work starts, in which case the deposit is refunded in full.
2.2
We are qualified architectural technicians. We are not ARB-registered architects.
2.3
Scope changes or package upgrades after instruction require written agreement and additional fees.
2.4
Your obligations. Please: (a) give us accurate information — title plans, planning history, brief; (b) respond to queries and approve drawings within 10 Working Days; (c) ensure property access on the survey date; (d) obtain any third-party consents (freeholder, lender, neighbour) at your own cost; and (e) tell us promptly if anything material changes. We are not liable for delays or errors caused by your failure to cooperate. Failure to respond within 10 Working Days triggers the dormancy provisions in Clause 2.5.
2.5
Dormancy. If we have no contact from you for 4 consecutive weeks, we will close your file. Restarting requires a £250 + VAT re-engagement fee. If you haven't re-engaged within 12 months, the project is permanently cancelled and a fresh instruction and deposit are required.
2.6
Timescales. All Indicative Timescales are estimates only. Our programme depends on your cooperation, the LPA, Building Control, and our structural engineer. We will not be liable for any delay, however caused. The LPA's statutory determination timetable is a target imposed on the LPA, not a promise from us.
3

Fees and Payment

All Fees Are Exclusive of VAT
VAT is charged at the current UK rate (20%) and will be added to all invoices. Council fees, building control fees, and third-party costs are separate and payable directly to those parties unless agreed otherwise in writing.
3.1

Our fixed fees (all exclusive of VAT):

Package Fixed Fee (excl. VAT)
Pre-Build Package £1,950
Premium Package £2,950
Premium Plus Package £4,950
3.2

Payment schedules vary by package as follows. All amounts are exclusive of VAT.

Pre-Build Package

Stage Amount When Due
1 — Deposit £250 + VAT (non-refundable) On instruction, before any work begins
2 — Balance Package fee less deposit On completion of design consultation, before final drawings are released

Premium Package

Stage Amount When Due
1 — Deposit £250 + VAT (non-refundable) On instruction, before any work begins
2 — Stage 2 payment £1,500 + VAT On completion of design consultation
3 — Balance Package fee less prior payments On issuance of technical drawings and structural calculations

Premium Plus Package

Stage Amount When Due
1 — Deposit £250 + VAT (non-refundable) On instruction, before any work begins
2 — Stage 2 payment £2,000 + VAT On completion of design consultation
3 — Balance Package fee less prior payments On issuance of technical drawings and structural calculations

The deposit is non-refundable from the point of payment, subject only to your 14-day statutory cooling off right under Clause 12.5. We will not release final drawings until all outstanding balances are received. Invoice amounts are confirmed in writing at each stage.

3.3
Our fees are fixed. No additional charges apply beyond those set out in these terms.
3.4
Invoices are due within 7 days. We may suspend work if payment is more than 14 days overdue. Interest accrues at 4% above Bank of England base rate on overdue amounts.
3.5

Add-ons (all + VAT):

Additional storey £750
Loft conversion scope £950
Party Wall notice £250 per adjoining owner
Build Over Agreement £650
Building Control application £450
Planning resubmission — Pre-Build Package £450 per resubmission (see Clause 5.4)
3.6
The re-engagement fee under Clause 2.5 is in addition to any outstanding package balance.
4

Measured Survey

4.1
We carry out a professional on-site measured survey under all packages. It is a visual inspection only — we do not carry out structural, drainage, party wall, or any intrusive investigations.
4.2
You must ensure full access on the survey date. If the survey cannot proceed due to restricted access or cancellation with less than 48 hours' notice, a £150 + VAT re-survey fee applies.
4.3
Our drawings are based solely on our survey. Information you provide (existing drawings, measurements, estate agent details) is used as background reference only. We accept no liability for inaccuracies in third-party information.
4.4
Measurements are not for ordering. Our dimensions are for design and planning purposes only and are approximate. Do not use them to order materials, place sub-contract orders, or manufacture bespoke items. We accept no liability for costs or delays arising from reliance on our dimensions for procurement.
4.5
Design amendment rounds. The fixed fee includes two rounds of design amendments during the Design Consultation stage. A "round of amendments" means one consolidated set of changes submitted in a single written communication. Where amendments are provided across multiple messages, we treat the first communication received as the round. Additional rounds beyond the second are charged at £150 + VAT per hour, minimum one hour. Amendments required due to our error do not count toward your included rounds and are always resolved free of charge.
4.6
Post-survey commitment window. Following completion of the measured survey, you have a window of 10 Working Days from the survey date, or until we issue your initial drawings to you, whichever occurs first (the "Commitment Deadline"), within which you may withdraw from the engagement without incurring any liability beyond the deposit already paid. If you give us written notice of withdrawal before the Commitment Deadline: (a) your deposit is forfeited in full; and (b) no further fees are due and you have no obligation to proceed with the remainder of the package. If we have not received written notice of withdrawal from you by the Commitment Deadline — whether because 10 Working Days have elapsed since the survey date, or because initial drawings have been issued to you, whichever occurs first — you are committed to the full service package. From that point the full package fee becomes payable in accordance with the payment schedule in Clause 3.2, and you may not withdraw without liability for the outstanding balance as set out in Clause 12.2. Written notice of withdrawal must be sent to our email address on record. Verbal notice is not sufficient to trigger this clause.
5

Planning Applications

5.1
We prepare and submit your planning application to the local planning authority (LPA) as your agent.
5.2
Planning Approval Is Not Guaranteed
Our 98% approval rate reflects our track record, not a guarantee on any individual project. We accept no liability for a refusal.
5.3
Design amendments before submission. Amendments are included in the fixed fee if requested within 60 days of survey and before we have submitted the application. After 60 days, or after submission, amendments are charged at £150 + VAT per hour, minimum 3 hours (£450 + VAT minimum). Amendments caused by our error are always free.
5.4
Resubmissions after refusal. Pre-Build Package: all resubmissions charged at £450 + VAT each. Premium Package and Premium Plus Package: first resubmission included at no charge; further resubmissions £450 + VAT each. The included resubmission covers one revised application only — not appeals or pre-application advice.
5.5
LPA application fees are your responsibility and are not included in our fee.
5.6
We are not responsible for LPA delays. Statutory determination periods are targets for the LPA, not promises from us.
5.7
Conservation areas and listed buildings require additional supporting documentation not covered by the standard fee. An additional £450 + VAT applies. Specialist heritage reports required by the LPA are your cost.
5.8
Our permitted development assessments are professional opinions only, not lawful development certificates. Obtain a formal certificate from your LPA if certainty is required.
6

Building Regulations and Structural Calculations

6.1
Building regulations drawings and structural calculations by a qualified engineer are included in all packages.
6.2
Calculations are based on information visible at survey and the agreed design. Our drawings are prepared for Building Notice submission only — not a full plans application.
6.3
Building Control is your responsibility. You and your builder must appoint Building Control and ensure they check and approve our calculations before work starts. We accept no liability for loss or non-compliance if Building Control was not appointed before works commenced or failed to validate the drawings before work began. Managing Building Control is your responsibility unless you have commissioned our Building Control add-on under Clause 3.5.
6.4
Our building regulations package covers structural and architectural elements only. It does not include mechanical or electrical engineering, HVAC, joinery schedules, kitchen or bathroom specifications, finishes, materials schedules, or detailed drainage design.
6.5
If Building Control requests additional information beyond our issued package, we will agree the cost with you before proceeding. Additional work is charged at £150 + VAT per hour, minimum 3 hours (£450 + VAT minimum). Queries caused by our error are handled free of charge.
6.6
Where conditions found during construction require structural drawing amendments, Clause 8.6 applies (Pre-Build Package and Premium Package) or Clause 10.2 applies (Premium Plus Package).
6.7
Construction (Design and Management) Regulations 2015 (CDM 2015). Hampshire Build Limited acts as a Designer under CDM 2015 solely in respect of the design information contained within the drawings we produce. Hampshire Build Limited does not act as, and has not been appointed as, Principal Designer for any project.

Where more than one contractor is engaged to carry out the works — which is likely on most domestic extension and alteration projects — the client is legally required under CDM 2015 to appoint a suitably qualified Principal Designer in writing before construction commences. The client is also required to appoint a Principal Contractor.

It is the client's sole responsibility to ensure that all appropriate CDM duty holders are appointed. Hampshire Build Limited accepts no responsibility for CDM coordination, health and safety file preparation, pre-construction information management, or any other Principal Designer duty. The client should seek independent advice on their CDM obligations if required.
7

Intellectual Property

7.1
All drawings and documents we produce belong to us until you have paid in full. On full payment, you receive a non-exclusive licence to use the drawings for this project only. They may not be used for any other project without our written permission.
7.2
We may use images of completed projects and anonymised project details for marketing.
7.3
CAD files (DWG). DWG files are not included in any package. If we agree to release them on written request, a £750 + VAT release fee applies before transfer. On release, our engagement ends entirely and immediately — all obligations and warranties cease, and you assume full responsibility for any subsequent use of those files.
8

General Service Conditions

8.1
We will carry out all work with reasonable skill and care to the standard of a competent experienced residential architectural technician.
8.2
Party wall matters. Party wall surveying is not included in any package. Where we are commissioned to issue Party Wall notices (Clause 3.5), we prepare the notice documents only. If your neighbour's surveyor requests drawing amendments as a condition of consent, those are charged as post-issue amendments under Clause 8.4. We do not give party wall advice, resolve boundary disputes, or act as Agreed Surveyor.
8.3
We are not responsible for delays caused by the LPA, Building Control, statutory consultees, utilities, or your own advisers.
8.4
Post-issue amendments. Changes to issued drawings requested by you are charged at £150 + VAT per hour, minimum 3 hours (£450 + VAT minimum). Not applicable where the change results from our error.
8.5
Third-party measurements. Our drawings are based on our survey. If you ask us to amend drawings to reflect your builder's measurements, we accept no liability for resulting errors. A fresh survey is available at £950 + VAT.
8.6
Structural revisions — Pre-Build Package and Premium Package. Each revision required during construction is charged at £450 + VAT. For Premium Plus Package, see Clause 10.2.
8.7
Acceptance of drawings. You have accepted the Drawing Package when either: (a) you confirm in writing you are happy to proceed; or (b) your builder starts work on site. Starting on site constitutes full unconditional acceptance, with or without written sign-off.
8.8
Post-acceptance amendments. Any change after acceptance (Clause 8.7) costs £450 + VAT per revision, for any reason. No change is made without your prior written agreement to the fee.
8.9
Hidden conditions. Our survey covers what is visible. We cannot determine the condition of concealed elements and will make reasonable assumptions where elements are hidden. If opening up during construction reveals a structural issue, it is a Structural Revision chargeable under Clause 8.6 (Pre-Build Package or Premium Package) or covered under Clause 10.2 (Premium Plus Package). We accept no liability for concealed conditions not visible at survey.
8.10
Additional work. Work outside your package scope not covered by a specific fee in these terms is charged at £150 + VAT per hour, minimum 3 hours (£450 + VAT minimum). We will always agree the charge with you before proceeding.
8.11
Post-planning handover call. Following your planning decision we will hold a call of up to 30 minutes to explain the decision, outline the approved drawings, and confirm next steps. This is included in all packages. Additional work arising from the call that falls outside your package is chargeable under Clause 8.10.
8.12
Cost calculator and marketing materials. All figures from our online calculator, website, brochures, or social media are indicative guides only — not quotes and not part of your contract. Your actual fee is what is confirmed in writing at instruction. Build costs are subject to contractor pricing and site conditions outside our control.
8.13
CDM 2015. We act as Principal Designer during the design phase only, from instruction until we issue the completed Drawing Package. After that, CDM responsibility transfers to you and your contractor. We are not liable for any CDM non-compliance arising during construction.
8.14
Complaints. Email mark@hampshirebuild.co.uk with details of your complaint. We will acknowledge within 5 Working Days and respond fully within 20 Working Days.
9

Premium Package — Schedule of Works and Contractor Coordination

9.1
Schedule of Works. We produce a Schedule of Works based on the approved drawings. It is a design document — not a bill of quantities or cost plan. We accept no liability if tender prices differ from your expectations.
9.2
Contractor introductions. We maintain a vetted contractor panel and will use reasonable endeavours to introduce you to suitable builders for competitive quotes. We do not warrant their performance, solvency, or conduct. Any contract you sign with a builder is solely between you and them.
9.3
Vetting consists of a Companies House check, reference checks, and a review of insurance at time of introduction. We do not monitor contractors ongoing and accept no liability for changes after introduction.
9.4
Building contract. Where we provide a standard building contract document, it is a template for you and your builder. We are not a party to it, do not administer it, and accept no liability for any dispute between you and your contractor.
9.5
We are not project managers. Nothing in the Premium Package or Premium Plus Package makes us responsible for managing, supervising, or overseeing the construction works.
10

Premium Plus Package — Site Visits, Structural Revisions and Build Support

10.1
Premium Plus Package includes everything in Premium Package plus: a Site Set Up Meeting with the client and contractor before works commence; unlimited Structural Revisions at no extra charge throughout the project; up to 2 on-site superstructure visits with written reports; and continual remote support throughout the project. The fixed fee covers all of these regardless of how much you use.
10.2
Structural revisions. Unlimited Structural Revisions are included at no extra charge for the entire duration of the project. There is no cap on the number of revisions. Revisions are covered where we determine an amendment is needed due to conditions not visible at survey. No additional fee applies regardless of how many revisions are required.
10.3
Site visits — you must request them. We recommend using your two visits at: (1) foundation excavation, before the concrete pour; and (2) once structural steel is in position. You or your builder must request each visit in writing at least 5 Working Days in advance. Unused visits are not refunded, credited, or substituted.
10.4
Site visits are visual inspections only to check whether visible works broadly reflect the approved drawings. They are not structural inspections, Building Control inspections, snagging visits, health and safety visits, or project management. We accept no liability for defects or departures not visible at the time of the visit.
10.5
Following each visit we will issue a written report within 5 Working Days. It is a visual observation only — not a structural certificate, Building Control sign-off, or warranty of any kind.
10.6
Phone support covers queries about our drawings and scope of works during normal hours (Mon–Fri 09:00–17:30, excluding bank holidays). It is not project management or contract administration.
10.7
Additional 2 on-site superstructure visits beyond the two included cost £950 + VAT each, subject to availability and prior written agreement. Payment is required in advance.
10.8
The Premium Plus Package fee is fixed regardless of how many structural revisions are required or how many site visit allowances you use. No refund or reduction applies for unused site visit allowances.
11

Liability

11.1
Our total liability to you, for any reason and in any form, is capped at the total fees you have paid us for your project.
11.2
We are not liable for indirect or consequential losses, including loss of profit, loss of use, build delays, or losses arising from planning or building regulations processes.
11.3
Nothing here limits our liability for death or personal injury caused by our negligence, or for fraud.
11.4
If you provide us with incorrect or incomplete information and a problem results, you will indemnify us against any resulting claims or costs.
11.5
We are not responsible for outcomes decided by third parties — including planning decisions, Building Control approvals, and permitted development rulings.
11.6
Force majeure. We are not in breach of these terms if something entirely outside our control prevents performance — including natural disasters, pandemic, war, strikes, or major IT failures. We will notify you promptly and resume as soon as the event has resolved.
12

Cancellation and Termination

12.1
You may cancel at any time by emailing us. Cancellation takes effect on receipt.
12.2
Fees on cancellation (outside the cooling off period). What you owe depends on where we have got to: (a) before survey — deposit retained, nothing further owed; (b) after survey but before the Commitment Deadline defined in Clause 4.6 — deposit forfeited, nothing further owed, provided written notice of withdrawal is received by us before that deadline; (c) after the Commitment Deadline (whether because 10 Working Days have elapsed from the survey date or because initial drawings have been issued, whichever occurs first) — you are committed to the full package and the outstanding balance is due in full; (d) after final drawings issued — full package fee due in any event. We will invoice any outstanding amount within 7 days.
12.3
When we can terminate. We may end the contract immediately if: (a) you fail to pay within 7 days of a written reminder; (b) you are abusive or threatening to our team; (c) you have provided false information; or (d) your failure to cooperate makes it impossible to progress the project.
12.4
On termination by either party, all fees outstanding remain due. We will not release drawings until the account is settled. Your licence to use drawings is suspended until full payment is received.
12.5
14-day cooling off right. If you are a consumer and instructed us remotely or away from our premises, you have a statutory right to cancel within 14 days of paying your deposit for a full refund, provided we have not yet started work. If you ask us to begin work before those 14 days are up — for example by booking the survey or sending your brief — you waive your cooling off right for work already carried out and the deposit may be retained. After 14 days, the deposit is wholly non-refundable in all circumstances.
13

Data Protection

13.1
We process your personal data in line with UK GDPR and the Data Protection Act 2018. Your data is used solely to deliver your project and meet our legal obligations. We will not sell or share it for marketing purposes. Our full privacy policy is at hampshirebuild.co.uk/privacy.
14

General Provisions

14.1
Entire agreement. These terms and your package confirmation are the whole agreement between us and replace all prior discussions or representations.
14.2
Variation. Any change to these terms must be agreed in writing by us.
14.3
Waiver. Not acting on a breach immediately does not mean we have waived our right to act on it later.
14.4
Severability. If any provision is unenforceable, it is modified to the minimum extent needed or removed. The remaining provisions stay in force.
14.5
Third party rights. The Contracts (Rights of Third Parties) Act 1999 does not apply. No contractor or third party has any rights under these terms.
14.6
Notices. Formal notices must be in writing by email. An email is treated as received the next Working Day, provided no delivery failure notification is received.
14.7
Governing law. These terms are governed by English and Welsh law. Disputes are subject to the exclusive jurisdiction of the courts of England and Wales.

Hampshire Build Limited · Company No. 16074499 · Registered in England and Wales

Southgate Chambers, 37 Southgate Street, Winchester, SO23 9EH · hampshirebuild.co.uk

Governed by the laws of England and Wales