1. Responsibilities of Delta Construction Consultants

Delta Construction Consultants Ltd is a Registered Building Control Approver and will carry out its services with reasonable skill and care in accordance with these Terms & Conditions, the Building Regulations and applicable Building Control legislation.

We will take such reasonable steps as are necessary to assess whether a project complies with the Building Regulations and, where we are satisfied that compliance has been demonstrated, issue a Final Certificate in accordance with the relevant regulations. A Final Certificate does not represent that every aspect of a project has been checked or that every aspect complies with the Building Regulations.

We will ensure that adequate resources are available to carry out our role competently and will have due regard to the Professional Conduct Rules for Registered Building Control Approvers and applicable Building Control Performance Standards.

Our appointment will commence once we have received a signed appointment, written or emailed confirmation of your order, or where we have started acting on your verbal instruction following the issue of these Terms & Conditions. By instructing us in this way, you agree to be bound by these Terms & Conditions.

We reserve the right to refuse instructions where we do not have the resources to properly undertake the work or where a conflict of interest arises.

2. Client Responsibilities

The Client must appoint Delta Construction Consultants Ltd in writing before works commence. No works should begin on site until five working days after the Initial Notice has been submitted.

The Client is responsible for ensuring that the appointment and Initial Notice information is accurate and that the names, addresses and description of the proposed works adequately describe the project. Any changes during the course of the project must be notified to us promptly.

Before works commence, the Client must ensure that all necessary permissions, approvals and notices are in place, including where applicable planning permission, party wall notices, CDM requirements and any landlord or other third-party permissions.

The Client must provide all plans, drawings, calculations, specifications, certificates and other information reasonably required for us to carry out our services. Where possible, documents should be provided in PDF format.

The Client is responsible for notifying Delta Construction Consultants when works are due to commence and at the relevant stages identified within the Site Inspection Plan. The Site Inspection Plan identifies stages at which notification is required and does not represent the number of inspections that will be carried out.

The Client must provide reasonable and safe access to the site during normal working hours to allow inspections to be undertaken. Where necessary, the Client must also arrange for us to observe relevant tests, including drainage, ventilation, emergency lighting and fire alarm testing. Any equipment, training or expenses required for such tests remain the responsibility of the Client.

The Client must notify us when works are complete or when the building is occupied so that a final inspection can be arranged. Additional charges may apply where failure to provide notice results in cancelled visits or additional administration.

Where work has been covered before an inspection and we consider it necessary to establish compliance, we may require the work to be uncovered or other satisfactory evidence to be provided. The cost of uncovering works or providing such evidence will be the responsibility of the Client.

The Client remains responsible at all times for the design, construction and management of the project and for achieving compliance with the Building Regulations. Our services do not include supervising or managing the project to ensure compliance is achieved.

3. Cancellation of Initial Notices

Delta Construction Consultants Ltd may cancel an Initial Notice where circumstances prevent us from properly carrying out our statutory functions. This may include circumstances where:

• A formal Notice of Contravention has been issued and the Client has failed to take appropriate action within the required period.

• The Client or its agents place unreasonable restrictions on our ability to carry out our services.

• We are prevented from carrying out inspections because site conditions are dangerous or unsafe.

• Plans or other required information are not provided within a reasonable period.

• The statutory time limits applicable to the Initial Notice have expired.

• Works have not commenced within three years from the date of submission of the Initial Notice.

• The Client fails to pay the necessary fees.

• Any other circumstances arise which prevent us from properly carrying out our role as a Registered Building Control Approver.

Where an Initial Notice is cancelled or our appointment is terminated, the Client remains liable for fees due up to the date of termination and for any reasonable additional services undertaken, including archiving and storage where applicable.

4. Fees and Payment

Fee quotations are valid for 30 days from the date of issue unless otherwise stated.

Our fees are based on the information provided to us regarding the estimated building cost, project duration, scope and phasing of the works. Where the scope or estimated cost of the works increases significantly, an additional fee may apply.

Fees are payable in accordance with the quotation and are generally payable in advance of the work being completed. Fees are considered application fees and cannot be made conditional upon completion of the works.

Fees under £2,000 excluding VAT will normally be charged as a single payment unless otherwise agreed. Fees over £2,000 excluding VAT will normally be charged in pre-construction and construction stages.

Invoices are payable within 28 days of the invoice date. Interest may be charged on overdue accounts at 3% per annum above Barclays Bank plc base rate, together with applicable debt collection charges.

Where an invoice remains unpaid without challenge for 60 days, we may suspend our services in relation to the project. Where an invoice remains unpaid without challenge for 90 days, we may terminate our involvement with the project and cancel the Initial Notice.

All fees must be paid in full before a Final Certificate can be issued.

Additional charges may apply where the project is substantially changed from the information provided at appointment, becomes unduly protracted, requires additional or abortive inspections, or requires additional services or statutory notices.

All quoted fees exclude VAT and disbursements unless otherwise stated.

5. Copyright

Copyright in documents prepared by Delta Construction Consultants Ltd as part of our services remains the property of Delta Construction Consultants Ltd.

Once all applicable fees have been paid, the Client is granted an irrevocable, non-exclusive, royalty-free licence to copy and use those documents for purposes relating to the relevant project.

Our documents must not be used for purposes other than those for which they were prepared without our written consent.

6. Complaints

If you wish to make a complaint regarding the services provided by Delta Construction Consultants Ltd, you may access our Complaints Policy.

We aim to deal with complaints fairly, consistently and promptly in accordance with our complaints procedure.

7. Liability

Our liability under an appointment relates to our statutory duties and the services we have agreed to provide as a Registered Building Control Approver. The Client remains responsible for the design, construction and management of the project and for achieving compliance with the Building Regulations.

While we will take reasonable steps to satisfy ourselves as to the project's compliance with the Building Regulations, the issue of a Final Certificate does not represent that every aspect of the project has been checked or complies with the Building Regulations.

Our liability will be limited to such proportion of any loss or damage as is considered just and equitable having regard to the extent of our responsibility for that loss or damage and the responsibilities of other consultants, contractors and parties involved in the project.

Subject to the exclusions and limitations set out in these Terms & Conditions, our total aggregate liability shall be limited to ten times the value of our fee and shall in no circumstances exceed £1,000,000. Nothing in these Terms & Conditions limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

We will not be responsible for loss of profit, loss of business, loss of use, anticipated savings or any indirect or consequential loss.

We are not responsible for supervising contractors or subcontractors or for ensuring the quality, performance or workmanship of construction work.

8. Ethics

Delta Construction Consultants Ltd is committed to maintaining high standards of ethical behaviour and will comply with applicable requirements of the Bribery Act 2010 and the Modern Slavery Act 2015.

We will not knowingly support or deal with businesses involved in slavery or human trafficking and reserve the right to decline appointments where doing so would conflict with our ethical standards.

9. Privacy and Data Protection

Delta Construction Consultants Ltd will process personal information in accordance with applicable data protection legislation, including the Data Protection Act 2018 and the UK General Data Protection Regulation.

Our Privacy Policy explains how we collect, use, store and protect personal information and can be found on our website.

Please be aware that email communications may not be encrypted and therefore cannot be considered completely private or confidential. Where necessary, we may copy other relevant parties into project-related correspondence.

Unless you tell us otherwise in writing, we may identify you as a client of Delta Construction Consultants Ltd in our marketing materials.

Project files may be retained electronically and/or using external archiving services. Files may be retrieved from storage where required, and reasonable charges may apply for retrieval or additional work required to re-familiarise ourselves with a historic project.

10. Exclusions

Unless specifically agreed in writing, our services do not include:

• Signing or entering into warranties or novation agreements.

• Attendance at design team or progress meetings.

• Additional services arising from specialist third-party design checking, such as CFD modelling, where these requirements were not identified at the time of quotation.

• Works covered by competent person schemes which are required to be separately certified to the Local Authority, including certain electrical, gas, biomass, oil, renewable heating and solid fuel installations.

Where an Extension of Time is required in relation to the statutory timescales for issuing a Final Certificate, we may apply to the Local Authority on the Client's behalf. Any Extension of Time is subject to the Local Authority's discretion and may be refused. Where an application is refused and the project is reverted to the Local Authority, any additional Local Authority fees will remain the responsibility of the Client.

11. General

These Terms & Conditions apply to all projects for which Delta Construction Consultants Ltd is appointed as the Registered Building Control Approver, unless otherwise agreed in writing.

These Terms & Conditions take precedence over any other terms the Client seeks to impose or incorporate unless expressly agreed otherwise in writing.

Any variation to these Terms & Conditions must be agreed in writing by the Managing Director(s) of Delta Construction Consultants Ltd.

References to legislation include any amendments or re-enactments of that legislation applicable in the United Kingdom.

Delta Construction Consultants Ltd may assign its rights and benefits under these Terms & Conditions or subcontract any part of the services with the prior approval of the Client. The Client may not assign, subcontract or delegate its rights or obligations without our prior written approval.

These Terms & Conditions are governed by the law of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction in relation to any dispute or claim arising from these Terms & Conditions.