Aedis

Terms and Conditions

Standard Terms and Conditions
Last updated: 15 June 2017

1. Services and obligations of Aedis Regulatory Services Ltd

1.1. The function of Aedis Regulatory Services Ltd (Aedis) shall be that of an Approved Inspector, as defined within the Building Act 1984, and they shall carry out these functions with integrity, adequate resources and in a professional and practical manner, exercising reasonable skill, care and the diligence to be expected of an appropriately qualified and competent expert with knowledge of the standards of construction required by the Building Regulations and (Amendment) Regulations.

1.2. Aedis Regulatory Services Ltd has fully adopted the Building Control Performance Standards for Building Regulation compliance set by the Department for Communities and Local Government (DCLG).

1.3. On receipt of a signed application form, Aedis Regulatory Services Ltd shall submit an Initial Notice to the relevant local authority, as required by The Building (Approved Inspectors etc.) Regulations.

1.4. Aedis Regulatory Services Ltd shall have the right to ask for and receive plans and any other relevant information, in order that they may determine whether the design is compliant with the Building Regulations.

1.5. Aedis Regulatory Services Ltd may check the plans for compliance with the Building Regulations and send the nominated party a request for further information.

1.6. Where required by The Building (Approved Inspectors etc.) Regulations, Aedis Regulatory Services Ltd shall consult the fire and rescue authority and/or sewerage undertaker and forward their comments when applicable.

1.7. Aedis Regulatory Services Ltd is not accountable for works prior to acceptance of the Initial Notice by the local authority.

1.8. Aedis Regulatory Services Ltd will visit site in line with the contact plan issued on appointment unless advised otherwise and when notified accordingly.

1.9. Aedis Regulatory Services Ltd have the right to request certificates and witness tests to any applicable element of the construction to assist with the assessment of reasonable compliance with the relevant regulation.

1.10. Aedis Regulatory Services Ltd will issue a Final Certificate provided all works demonstrate reasonable compliance with the relevant regulations and in accordance with the Initial Notice.

1.11. Aedis Regulatory Services Ltd take full responsibility for giving the necessary statutory notices and certificates in respect of the project to the relevant local authorities.

2. Responsibility of the client

2.1. The client shall ensure that all necessary plans and information are provided to allow Aedis Regulatory Services Ltd to determine compliance with the Building Regulations.

2.2. The client shall ensure that reasonable and safe access to the site and facilities are provided, at all reasonable times, to allow employees of Aedis Regulatory Services Ltd to make necessary  inspections.

2.3. The client shall make arrangements to allow employees of Aedis Regulatory Services Ltd to witness tests on drainage, ventilation ductwork, emergency lighting, fire alarms etc. to ensure compliance with the Building Regulations. All test equipment, training and expenses incurred to carry out such tests are the responsibility of the client.

2.4. The client shall appoint Aedis Regulatory Services Ltd in writing, by way of signed application form, prior to any work being carried out with respect to the function.

2.5. The client shall notify Aedis Regulatory Services Ltd prior to commencement of work on site so that the inspection regime can be implemented.

2.6. For new dwellings or dwellings by conversion, the requirement for a Standard Assessment Procedure (SAP) calculation and Energy Performance Certificate (EPC) and any associated fees is the responsibility of the client and not Aedis Regulatory Services Ltd.

2.7. For new commercial buildings, the requirement for a Simplified Building Energy Model (SBEM) calculation and any associated fees is the responsibility of the client and not Aedis Regulatory Services Ltd.

2.8. For domestic schemes, electrical and heating systems should be installed by competent persons (see DCLG section at gov.uk) and they should provide the relevant certification e.g. Gas Safe, NICEIC, ELECSA, OFTEC, NAPIT etc. when the work is completed. With the relevant certification, such installations do not form part of the Building Regulations approval provided by Aedis Regulatory Services Ltd.

Where an installer does not have accreditation, Aedis Regulatory Services Ltd reserve the right to charge an additional fee to cover additional inspections of the work.

3. Cancellation of Initial Notices

3.1. Aedis Regulatory Services Ltd shall cancel the Initial Notice by sending a Notice of Cancellation to the local authority in the following circumstances:

3.1.1. After a formal Notice of Contravention has been served and no action has been taken by the client to regularise the contraventions within a prescribed time limit (normally 28 days) and no greater than 90 days.

3.1.2. Aedis Regulatory Services Ltd is prevented from carrying out their legitimate functions as an Approved Inspector for the project by undue restrictions placed upon them by the client or their agents.

3.1.3. Aedis Regulatory Services Ltd is prevented from making site inspections due to dangerous or unsafe conditions.

3.1.4. Failure on the part of the client to submit requested information in a reasonable period of time.

3.1.5. Any other condition or situation that prevents Aedis Regulatory Services Ltd from carrying out their function as an Approved Inspector.

4. Professional indemnity insurance

4.1. Aedis Regulatory Services Ltd is required to comply with the guidelines issued by the office of the DCLG in respect of the maintenance of professional indemnity insurance; details published at www.cic.org.uk/services/register.php.

4.2. Aedis Regulatory Services Ltd shall, on written request of the client, provide evidence that the insurance is properly maintained.

4.3. Aedis Regulatory Services Ltd shall immediately inform the client if the insurance referred to above ceases to be valid.

5. Local Acts

5.1. Local Acts are not enforced by Approved Inspectors and a separate application may need to be submitted and an additional fee may be payable to the enforcing body. Aedis Regulatory Services Ltd will not be responsible for the submission of the application or payment of fees. Aedis Regulatory Services Ltd may, however, assist with negotiations subject to the agreement of fees for this service.

6. CDM regulations

6.1. Aedis Regulatory Services Ltd is not a ‘dutyholder’ under the Construction (Design and Management) Regulations 2015 and therefore do not prepare or modify designs for a building, product or system relating to construction work.

6.2. Aedis Regulatory Services Ltd advise that you seek guidance from a CDM professional to ensure compliance with your responsibilities under these regulations; http://www.hse.gov.uk/pubns/books/l153.htm.

7. Terms of payment

7.1. All applications should state the person or company responsible for the payment of fees with address for invoices, an email address and a contact telephone number.

7.2. Where an application is placed on behalf of a third party, this client must take responsibility for payment of the fee.

7.3. All invoices are due for payment within 7 days of the issue date, including VAT as applicable.

7.4. Fees shall be calculated as follows:

7.4.1. Where the total fee is £600+VAT or less, then full payment should be made with the application, as validation of the application.

7.4.2. Where the total fee is greater than £600+VAT, then 2 invoices will be issued, with the validation fee equal to 40% of the total fee, and the site inspection fee as the remaining balance, due on commencement of the project on site.

7.5. Invoices for site inspection will be issued once the first inspection is carried out.

7.6. Where a project has not commenced on site within 12 months of the date of the Initial Notice, then Aedis Regulatory Services Ltd reserve the right to apply an annual increase to the inspection fee of 5%.

7.7. Where a project has not commenced on site within 3 years of the date of the Initial Notice, then that Initial Notice has deemed to have expired under The Building (Approved Inspectors etc.) Regulations and a new application will be required.

7.8. Failure to pay fees may result in the project being cancelled with the local authority, and/or suspension of visits to any site. Aedis Regulatory Services Ltd will be entitled to the full amount of the fee should debt recovery need to be instigated and charges will be added for collection.

http://www.financial-ombudsman.org.uk/publications/technical_notes/debtcollecting-note.html

7.9. Instalments may be arranged in advance, at the discretion of any of the Directors or the Finance Manager.

7.10. All fees must be paid in full prior to the issue of a Final Certificate.

7.11. Regardless of the number of site visits made where the project is abandoned, Aedis Regulatory Services Ltd will be entitled to the full amount of the fee.

7.12. If the scope of the work changes to an extent that it becomes substantially different to that described in the original Initial Notice thus requiring the submission of an amendment notice, or amendments are made to the project requiring additional plan checking, consultations or inspection, then Aedis Regulatory Services Ltd shall be entitled to additional payment. The amount will be subject to prior agreement between Aedis Regulatory Services Ltd and the client.

7.13. If the project should result in a dispute between the client and a third party, then Aedis Regulatory Services Ltd shall be entitled to make reasonable charges to recover additional costs on the project.

8. Copyright

8.1. The copyright in all documents prepared by Aedis Regulatory Services Ltd in providing the services shall remain the property of Aedis Regulatory Services Ltd unless a financial agreement is made.

9. Complaints

9.1. In the event that the client has a complaint in respect of the performance of services by Aedis Regulatory Services Ltd, under this agreement, without prejudice to any other remedy available under this agreement, they shall be entitled to have access to the Complaints Handling Procedure (CHP) which can be accessed at https://www.aedis.com/complaints-handling-procedure.

Written copies of the CHP are available upon request from:

Business Support
West Farm
Ponteland Road
Newcastle Upon Tyne
NE3 3EJ

Tel: 0191 271 9933
Email: sonia.dhesi@aedis.com

10. Liability

10.1. The liability of Aedis Regulatory Services Ltd shall be limited to such sum as would be just and equitable for Aedis Regulatory Services Ltd to pay, having regard to the extent of the responsibility of Aedis Regulatory Services Ltd for the damage suffered on the basis that all other consultants and any subcontractors who have a liability shall be deemed to have provided contractual undertakings to the client on terms no less onerous than those applying in the case of this agreement and shall be deemed to have paid to the client such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for such loss or damage. In assessing any liability arising from this agreement, due regard shall be made to the limitations imposed by findings in the Murphy v Brentwood District Council (1989) 88 LGR 333CA.

10.2. The liability of Aedis Regulatory Services Ltd shall be limited to the amount of the professional indemnity (PI) insurance required by virtue of Clause 4.1 above.

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