Terms and Conditions

The below terms and conditions are clearly set out for the benefit of all parties and apply to all work carried out by A.R. Property Designs unless otherwise agreed in writing prior to the commencement of work.

1. Definitions

Client: The Client is the individual, company, authority, or other body who instructs A.R. Property Designs to carry out the work in acceptance with the quotation as agreed in writing or within an email (occasionally verbal acceptance is acceptable, see section 3). Within these Terms and Conditions, ‘you’, ‘your’, or similar refers to the Client or their interests. The Contract is between us and the Client.
We / Us / Our or similar: Within these Terms and Conditions, ‘we’, ‘us’, ‘our’ or similar refers to A.R. Property Designs or its interests.

2. Our Duty of Care

We shall exercise appropriate skill and care to conform with expected standards (and better) of the Architectural profession while performing the services as agreed.
We will make every effort to meet the programme for work as expected, however we cannot accept responsibility for delays or consequential costs unless otherwise agreed in writing before commission notwithstanding the normal course of Law of England and Wales. We will advise on any delays to the schedule as appropriate.
We shall not be held responsible for issues caused by the Client or other parties notwithstanding the normal course of Law of England and Wales.
As Planning Permission is often very subjective and can be inconsistent, both in terms of time and outcome. We cannot be held responsible for the performance of Local Authority Planning departments. It should be noted that gaining planning permission is often no mean feat and has a risk element to many projects which is outside of our control. We typically advise on the percentage of risk for any application where risk plays a significant factor.
When property is purchased for development which is subject to gaining planning permission, if the permission is not granted, we hold no responsibility. It is the Client’s prerogative to make decisions based on the risk of gaining planning permission. i.e., Legal Agreements for a period of time to have the option to purchase, for example.
We shall not be held responsible for the use of any of our work outside the realms of what they were intended to be used for.
Alex Robinson (the Director) complies with ‘The Chartered Institute Of Building’ (CIOB)’s Rules and Regulations of Professional Competence and Conduct.

3. Your Duty of Care

It is understood that you have the authority to accept our quotation and contract and agree to these terms and conditions.
It is understood that the Client has the authority and knowledge to accurately (or as required), give a brief for us to quote and work from.
As designers we aim to grasp your brief as best as we can, which greatly relies on your quality and thoroughness of communication. Then, with the understanding of what you hope to achieve and what’s best for you as individual and unique Clients, we deliver work which reaches – and often exceeds – expectations. However, it should be noted that if our architectural flair and own ideas of good design are not desired and the brief is fixed to any extent, it is the Clients responsibly to inform us before works start to avoid unforeseen edits being required.
Although we are responsible for guiding you where appropriate, a large proportion of project success relies on your clear instruction and performance. It is the Client’s responsibility to provide us with all required information and to make appropriate timely decisions for the best performance of our services.
It is the Client’s responsibility to ensure enough time and money is allocated to the project to ensure a successful outcome, and in order for employed parties to comply with ‘The Building Regulations 2010’ or superseding legislation.
The Client who accepts our quotation and commissions us is deemed to be individually responsible for payment.
For ultimate Client convenience, the commission of A.R. Property Designs and therefore the acceptance of these Terms and Conditions can be made verbally but must be made directly with team members Alex Robinson and/or Ashley Robinson.
If the Client’s position changes which may affect the contract, or their contact information changes, they will notify us as soon as reasonably possible, and inform us of any new Client/representative information as required.
Regarding any site survey by us or any specialist surveyors or similar, it is the Client’s responsibility to ensure the site is safe to access and measure or appropriate prior warnings must be given in writing or via email (verbal warnings are not deemed acceptable).
The Client has an equal duty with all those commissioned to ensure appropriate information is shared between parties (particularly the Principal Designer and Principal Contractor). This is to allow appointed competent parties to collaborate and work together as required. This includes identifying if there is any change in parties acting as Principal Designer/Principal Contractor.

4. Fees

Our quotations are valid for at least two months but may vary if not accepted within this period. Any variance is to be agreed between both parties in writing or email before works start.
All quotations are subject to reasonable levels of design edits and foreseen work only. It should be noted that although most edits are deemed inclusive, some situations which would alter a notable amount of the work already completed would be subject to an increase in fee.
Any increase in our fees is to be agreed between you and us before the unforeseen work relating to this fee increase is started.
For cases where an hourly rate is to apply, we may give estimates based on our experience and assessment and will endeavour to be as accurate and as honest as possible. It should be noted however that each project develops in different ways, suiting different situations for different Clients, dealing with different third-party influences, and as such accurate hours can be unknown until a considerable amount of work is completed. We will update you as expected and reserve the right to invoice when we see fit (usually at main stages throughout a project unless it is a large-sized project, or a long period has elapsed).
For projects we are charging hourly for, you can at any time request an update on hours spent and an accurate answer will be issued in a timely manner. At your discretion, you can also specify ‘safety nets’ of so many hours, at which we will pause work until an agreement is made to continue. In this instance, our target will be to pause work as close as reasonably possible to the specified ‘safety nets’.
Should statutory Council fees increase or decrease between quotation and payment, the difference will not affect the fees of A.R. Property Designs.
Regardless of the outcome of a Planning Application, our fees quoted remain applicable and are not affected by the success of a Planning Application unless agreed in writing beforehand.
At the discretion of A.R. Property Designs, any invoices which are not settled by the Client within the prescribed time (14 days for private clients, or 30 days for business clients) will be subject to interest at the equivalent of typical banking overdraft fees, specifically 35% APR simple interest. There will also be an admin fee for each additional invoice raised of £25. These repeat invoices will be sent fortnightly at maximum. These figures will be subject to VAT at the current rate.
Typically for all major aspects of our services we do not request any payments upfront of work being completed, we do however require settlement in full prior to any application submission.
If you are from another country: Bonjour, olá, namaste, marhaba and ni hau. Unfortunately, all invoices are to be paid in Pound Sterling unless otherwise agreed. Danke.
For any cash payments, a handling fee will apply. This equates to our bank’s 0.7% fee, plus our cash handling fee of £25. The total cash handling fee will be rounded down to the nearest £5 denomination for convenience.
Receipts for successful payments can be issued on request.

5. Copyright

Intellectual property rights and copyright of material produced by us shall remain in the ownership of A.R. Property Designs.
We have the moral right to be identified as the author of work produced by us.
No individual, company, or other body are to use the work produced by us for personal gain unless otherwise agreed – notwithstanding the expected use by the Client, Contractors or Sub-Contractors to continue with the project as usually expected, on the condition that all relevant invoices have been settled.
A licence fee may be applicable to release the intellectual property / copyright material for third parties at the discretion of A.R. Property Designs. Any work taken or used without prior agreement with us will be subject to escalation as required to suit the situation. If in doubt, ask.
Site photos or material produced by us may rarely be used for advertising purposes but will generally be made anonymous and untraceable. We will always provide adequate respect for the privacy of all parties. If preferred, you or other relevant parties have full rights to request us not to use any of this material for publicity. If any material under our control is already public and requested not to be, it shall be removed in a timely fashion.

6. Liabilities and Insurance

If at a late stage in a project it becomes known that there is a reason for a project not to continue, for example land ownership disputes, major underground drainage systems, protected flora/fauna, archaeological discoveries and alike, A.R. Property Designs is not to be held liable for any losses arising from these discoveries.
No individual within A.R. Property Designs shall be personally liable to the Client for any negligence, error or otherwise. A.R. Property Designs would be liable in line with the Law of England and Wales.
If due to our negligence we cause personal injury or death, or if we commit fraud or dishonesty, we will be liable.
Beyond the last item, we will only be liable for any direct loss defined as the ‘actual loss and damage which was directly and solely caused by us, excluding indirect/consequential losses and damages. Excluded examples are any accommodation costs, loss of financial income, furniture storage costs, charges or similar.
Our liability for any loss or damage shall not exceed the amount covered by our Professional Indemnity Insurance which we will hold at all times and will cover the extent of works which we are involved in. Details of our cover can be sent if requested.
In the case of any legal proceedings occurring for the recovery of fees, the Client will be liable for all outstanding invoices including any interest/fees, in addition to relevant court costs, solicitor’s fees and other applicable fees as fair and just as incurred by us in the recovery process.
No third parties other than our lawful assignees are liable to these terms and conditions, even if we liaise with them on your behalf. Separate businesses will have their own Terms and Conditions which will be between you and them.

7. The Building Safety Act & CDM Regulations

The following section relates to ‘The Building Safety Act 2022’ (effective from 1st October 2023), referred to here as BSA, and ‘The Construction (Design and Management) Regulations 2015’ referred to here as CDM Regulations.
The Client is responsible for informing A.R. Property Designs prior to, or at the earliest available opportunity, if the project will relate to a Higher-Risk Building (HRB). HRB’s are, for example, buildings with 7 or more storeys or boarding accommodation in schools amongst many other things. HRB’s are not low rise domestic or commercial buildings of a single use class. If in any doubt, please ask us. A.R. Property Designs will not act as a Principal Designer for any HRBs as defined in the BSA or CDM Regulations. If we do agree to engage in any work relating to any HRBs, this will be limited as defined given the situation (as a ‘Designer’ only instead of ‘Principal Designer’).
It is the Client’s responsibility to ensure their own duties are met (also see section here titled “Your Duty of Care”). The Client’s responsibility also includes the appointment of a competent Principal Designer as well as a competent Principal Contractor who supervises construction work. These appointments need to be in writing (including the appointment of a Principal Contractor prior to construction activities). We will inform you if we cannot provide Principal Designer duties, but unless otherwise stated we will assume this position in as far as we are employed to do so, unless the work is for a HRB or as directed by the Client, the client’s representative, or Principal Contractor with your agreement.
When we assume the duty/position of Principal Designer, we are only acting as such for the scope of work commissioned. E.g., if we are employed to only complete Pre-Planning, Planning, and/or Listed Building Consent drawings/design, we wavier Principal Designer responsibility for the project moving forward beyond such a point which we have been commissioned for. The same applies on the completion of Building Regulation Drawings if that is the final extent of our appointment (as is typical for smaller scale projects in the industry). While we are generally expected to act as the Principal Designer up to and including Building Regulation Full Plans Compliance stage (when commissioned to do so), we then waiver continued Principal Designer duties for construction activities as is typically expected for the work we are generally involved in. As defined in the BSA, Principal Designer duties involve the Planning, Managing, and Monitoring of on and off-site construction activities. As we typically do not engage in this on-site related work, in accordance with the BSA/CDM Regulations, the duty of Principal Designer then falls to the party completing these processes (typically the Principal Contractor). In such an event, A.R. Property Designs then becomes a defined “Designer” under the supervision of the newly appointed Principal Designer. If A.R. Property Designs is to continue as Principal Designer while construction activities are underway, this will be as per specific written agreement and separate commission.
We retain responsibility for all the work we have been commissioned to complete to enable others to continue with the construction/project beyond our scope of work – on the condition that our instructions are being complied with.
Our direction, specification and drawings are to be strictly adhered to. If any changes beyond our completed instruction occur, if directed by any other party (e.g., the Client, any Contractor, or any other Designer) and are not agreed with us, we take no responsibility for such work.
We waiver all responsibility regarding CDM Regulations involving on-site safety during construction works. It is trusted that a competent Principal Contractor will be employed as is the duty of the Client. Any shortfall in this regard will not be our responsibility. CDM responsibility falls to the Client and Principal Contractor (as is standard practice with the typical work we are involved with). Please note, as CDM regulations dictate, it is the responsibility of the Client to ensure there is a responsible party, normally the Principal Contractor, or for larger projects a dedicated CDM Consultant to ensure safety standards are met. However, as/if required we will work proactively as would be reasonably expected to aid CDM regulations being met.
By appointing us you agree that you understand your legal requirements and duties. If you are in doubt about any duty/responsibility, do not hesitate to ask.

8. Suspension and Termination

In the unlikely event we cannot continue to work on a project for whatever reason (i.e. sickness, outstanding invoices, breach of contract, power failure, flood etc), we reserve the right to suspend or cease work as would reasonably be expected.
The Client has full rights due to any reason to suspend or terminate a contract which is yet to be started, or which has been partly completed at any stage. When work has already begun, a fair judgement will be made regarding the proportion of the project completed before notice was given to suspend / terminate, and the same proportion of the quotation will be invoiced for. An invoice of this sort will be produced only if we find appropriate. The use of our completed work shall still be subject to clause 5 (Copyright).

9. Data & Privacy Protection

By supplying personal information, you are consenting for us to hold your relevant personal data in a lawful, fair, and secure manner to an extent which, and for purposes of which, would be generally expected.
We will always be transparent about the data we hold so if requested the Client always has the right to request information about what data we hold about them and their associates, and any such information will be delivered in a timely manner.
We will never share your personal data with any other individual/company unless you have requested/agreed to engage with such an individual/company. We would only share the pertinent data as required and agreed, and we hold no responsibility for how other individuals/companies use your data.
Over time, we delete/destroy outdated information which is no longer relevant. However, the Client and their associates can at any point request ‘the right to be forgotten’ and for all personal data to be deleted/destroyed, and we will do so thoroughly, and in a timely manner presuming it is appropriate, i.e., no work has been completed which is yet to be settled by any agreed invoices.
It should be noted that beyond our control, a certain amount of information for any planning application will be made publicly available by the local authority (or substitute authority) if planning or building control applications are made. (Name, address, site address and material submitted for planning permission).
In addition to the above, site photos are increasingly a validation requirement by Local Authorities for any Planning Application(s). As such selected photos which we may take on site are likely to be submitted and attached to any relevant application which is publicly available. If you would like to see, screen or otherwise the photos we have stored, or those which we may submit to any application, please let us know before any such submission and we will be more than happy to liaise and action as requested.

10. Even More Small Print

If there is anything within these Terms and Conditions not fully understood by the Client, they should make it known prior to confirming the contract.
It’s very rare for anything to go wrong, and we hope that any complaints would be brought to light without prompting, however if you have any grievances, please make them known to us at the earliest convenience and we will take suitable action. Any praises are also more than welcome.
If one or more of these Terms and Conditions is found to be invalid/unlawful or otherwise, it shall be disconnected (or corrected as common sense would dictate) from all other Terms and Conditions, with the remainder left valid and enforceable.
The contract and Terms and Conditions are interpreted by and governed according to the Law of England and Wales. Any disputes (contractual or otherwise) arising under this agreement are subject to the authority of the English and Welsh Courts.
“A.R. Property Designs” is a Trading Name of “A.R. Property Designs Ltd”, Limited Company No. 11076210, VAT No. 292105420 registered in England and Wales, with a registered office address at Swift House Ground Floor, 18 Hoffmanns Way, Chelmsford, Essex, England, CM1 1GU.

Long story short, we are a quality team of professionals and we’re going to have a great time together doing something very exciting. We hope this all made sense to you and look forward to some progress!