RBC Standard Terms & Conditions
RBC Standard Terms & Conditions
- `RBC’ – Regional Building Control Ltd.
- `The Act’ – The Building Act 1984.
- `The Building Regulations’ – The Building Regulations 2010 (as amended)
- ‘The Regulations’ – The Building (Approved Inspectors etc) Regulations 2010 (as amended)
- `The Project’ – the work described in the Initial Notice.
- `The Client’ – the individual or company instructing RBC to act as an Approved Inspector for the project.
- `The fees’ – the fee payable by the Client for RBC to carry out the functions of Approved Inspector for the project.
- ‘Plans’ – includes drawings, calculations, reports and any other data illustrating the designers intentions in respect of the proposed works.
RBC Services & Obligations
- The function of RBC shall be that of an Approved Inspector, as defined within the Regulations.
- RBC shall carry out these functions with integrity 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.
- RBC has fully adopted the Performance Standards for Building Regulations compliance set by the Department for Communities and Local Government.
- RBC shall have the right to ask for and receive plans in order that they may determine whether the design is in compliance with the Building Regulations.
- RBC shall examine the plans for compliance with the Building Regulations. Any items of additional information or non-compliance will be communicated to the Client or Designer.
- RBC shall consult the relevant Fire Authority where necessary and forward any comments to the Client.
- RBC shall not, in any way, be responsible for any work carried out by the Client before RBC agrees to act as Approved Inspector for the project.
- RBC shall not be responsible for the supervision of any contractor or subcontractor, nor shall the Approved Inspector have any liability for ensuring the performance or adequate standard of workmanship of any contractor or subcontractor.
- Once work commences on site, RBC will visit the site as and when necessary to inspect the work being carried out to determine compliance with the Building Regulations. RBC will issue a site report to the Client and / or builder after each inspection of the work. Any contraventions of the Building Regulations will be clearly identified within this report.
- Where work has been carried out on site in a manner which, in the opinion of RBC, constitutes a contravention of the Building Regulations and/or linked powers, due notice will be given to the Client including his builder, architect or other relevant person.
- Where a site inspection report details contraventions as detailed above and the defective works have not been regularised and put right, then RBC shall serve a formal written Notice of Contravention in accordance with the Regulations.
- RBC shall have the right to ask for and witness tests, as necessary, to determine compliance with the Building Regulations.
- RBC shall take such steps as are reasonable to enable it to be satisfied as to the Project’s compliance with the Building Regulations, and if so satisfied, it shall issue a final certificate. The final certificate is not a representation that every aspect of the Project complies with the Building Regulations.
- If the works to which the Initial Notice relates is carried out in stages, in such a way that part of the premises are completed and occupied, then a partial Final Certificate will be issued as detailed above.
- RBC will take full responsibility for giving the necessary statutory notices and certificates in respect of the project to the relevant Local Authorities.
- No-one has any right to enforce any term of this contract under the Contracts (Rights of Third Parties) Act 1999, except as set out in clause 8. This does not affect the rights of the Client and RBC in relation to this contract.
Responsibility of the Client
- The Client shall ensure that all necessary plans are provided to allow RBC to determine compliance with the Building Regulations.
- The Client shall be responsible for the Project’s compliance with the Building Regulations and the Services do not include advising the Client or managing the Project to ensure that compliance is achieved.
- For works involving new dwellings, it is the responsibility of the Client / developer to inform RBC of any planning conditions under the Town & Country Planning Act relevant to optional Building Regulation 36(2)(b) and / or Approved Document M4(2) or M4(3), which apply to the works described in the Initial Notice. RBC will apply default Building Regulations requirements unless informed otherwise.
- The Client shall ensure that reasonable access to the site and facilities are provided, at all reasonable times, to allow RBC staff to make necessary inspections.
- The Client shall give RBC at least 48 hours notice of commencement of works on site.
- The Client shall ensure that RBC are kept informed of the progress of site work, in particular items such as:
- Ground excavations
- Structural reinforcement and other structural elements
- Damp proof courses and membranes
- Above and below ground drainage
- practical completion of work
- The Client shall ensure that RBC is given reasonable notice to inspect the above. While RBC would appreciate as long a period as possible, such notice should not be less than 24 hours.
- The Client shall make arrangements to allow RBC staff to witness tests on drainage, ventilations 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.
- The Client shall pay RBC, within 30 days of the date of invoice the amount shown on the invoice.
- If the project is abandoned prior to works commencing on site, RBC shall be entitled to 40% of the total fee due for the project, unless otherwise agreed in writing.
- If the works commence on site and RBC have made an inspection and the project is then abandoned, RBC shall be entitled to the full amount of the total fee due for the project.
- If the scope of work changes to an extent that it becomes substantially different to that described on the Initial Notice then RBC shall be entitled to additional payment. The amount of such payment shall be resolved by discussion between RBC and the Client.
- Where the Client intends to withhold payment of any amount either stated in the RBC’s request for payment, the Client must give written notice to RBC not later than 5 days before the final date for payment, stating the amount to be withheld and the grounds for withholding payment.
- In the event that the Client is in default over payments of amounts at the final date for payment and no notice of intention to withhold payment from such amount has been given under Clause 25 above. RBC reserves the right to suspend performance of any or all of the services. Furthermore, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, RBC reserves the right to charge a late payment fee together with interest at 8% above the current bank base rate.
Cancellation of Initial Notices
- RBC shall cancel the Initial Notice by sending a Notice of Cancellation to the Local Authority in the following circumstances:-
- After a formal Notice of Contravention has been served as described in Clause 11 and no action has been taken by the Client to regularise the contraventions within the specified period.
- RBC is prevented from carrying out their legitimate functions as Approved Inspector for the project by undue restrictions placed by the Client or their agents on site to gain reasonable access to inspect works.
- RBC is prevented from making site inspections due to dangerous or unsafe conditions.
- Failure on the part of the Client to submit plans in a reasonable period of time.
- Any other condition or situation that prevents RBC from carrying out their function as Approved Inspector.
- Non payment of RBC fees (part or full)
Initial Notice Ceasing to be in Effect/Application for Extension of Time
- Under Regulation 17 of the Building (Approved Inspectors Regulations, etc) Regulations 2010, an Initial Notice shall cease to be in force where a Final Certificate has not been issued within 4 weeks of occupation where the building is a relevant building as defined by Regulation 12(6)(a) or within 8 weeks in any other case. RBC LTD can apply for an extension of time where formally requested, but granting this will be at the discretion of the Local Authority.
Professional Indemnity Insurance
- RBC is required to comply with the guidelines issued by the Department for Communities and Local Government and the Construction Industry Council in respect of the maintenance of professional indemnity insurance.
- RBC shall on written request of the Client provide evidence that the insurance is properly maintained.
- RBC shall immediately inform the Client if the insurance referred to in Clause 32 above ceases to be available.
- The company providing professional indemnity insurance in accordance with clause 32 is Royal Sun Alliance PLC (£5 million cover limit).
Limitations of Liability
- The total limit of RBC’s liability to the Client referred to in clause 38 is no greater than the insured limit of the current professional indemnity insurance referred to in clause 35.
- Nothing in this clause shall limit RBC’s liability for negligence resulting in death or personal injury. Subject to that:
- Notwithstanding any other provisions in this contract (apart from clause 37), RBC’s total liability to the Client for any claims arising under or in connection with this contract (whether in contract, in tort (including negligence), for breach of statutory duty or otherwise) shall be limited to the insured limit referred to in Clause 36.
- Without prejudice to any other exclusion or limitation of liability, damages, loss, expense or costs, the liability of RBC for any loss or damage under this contract shall be limited to that proportion as it would be just and equitable for RBC to pay having regard to the extent of its responsibility for the loss or damage and on the assumptions that:
- all other consultants, contractors, subcontractors, and advisers engaged in connection with the Project have provided contractual undertakings on terms no less onerous than those in clause 2 to the Client in respect of the carrying out of their obligations in connection with the Project.
- there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Client and any other party referred to in this clause and any such other party who is responsible to any extent for the loss or damage is contractually liable to the Client for the loss or damage; and
- all the parties referred to in this clause have paid to the Client such proportion of the loss or damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss or damage.
- The Client shall look only to RBC (and not to individuals engaged by RBC or any individual directors or members of RBC) for redress if the Client considers that there has been any breach of this contract. The Client agrees not to pursue any claims in contract, in tort (including negligence), for breach of statutory duty or otherwise against any such individuals as a result of carrying out its obligations under or in connection with this contract at any time. The Client acknowledges that such individuals are entitled to enforce this term of the contract pursuant to the Contracts (Rights of Third Parties) Act 1999.