North Office: Dunston Innovation Centre, Dunston Road, Chesterfield. S41 8NG
South Office: Suite 2, 45 Friar Gate, Derby. DE1 1DA
E: firstname.lastname@example.org T: 0333 880 2000 www.dbcp.co.uk
1. DBCP LIMITED STANDARD TERMS AND CONDITIONS
1.1 The function of Derbyshire Building Control Partnership Limited (DBCP) is as defined within the Building Act 1984 of the Building Regulations 2010 and we will carry out these functions with integrity, adequate resources and in a professional and practical manner, exercising reasonable skill, care and diligence as expected of an appropriately qualified and competent expert with knowledge of the standards of construction.
1.2 In order to determine the design is compliant with the Building Regulations, we may ask for plans and any other relevant information. We may check the plans for compliance with the Building Regulations and send the nominated party or Agent a request for further information if deemed necessary. Also, where required by the Building Regulations we may consult the fire and rescue service and/or sewerage undertaker and forward their comments where applicable.
1.3 It must be brought to the attention of the person responsible for the building work that if the work involves commercial property or in the case of flats which contain common area that they will bound by their obligation to Regulation 38 of the Building Regulations 2010; and provide all fire safety information to the building’s occupier prior to the building occupation. The Fire Safety (Regulatory form) Order 2005 states that a Fire Risk Assessment should be in place on the day of occupation of any part of the property. For further information please contact us. We reserve the right to request that this obligation has been undertaken.
1.4 We will undertake site inspections in line with the Building Control Guidance Note sent with Acknowledgement Letter or Decision Notice. We also reserve the right to request that we are notified at other stages of work via the plan check or approval document.
1.5 You must ensure that adequate notification of commencement and the necessary stages of work and safe access to the site and facilities are provided, at all reasonable times, to allow us to make the necessary inspections, including witness the testing of drainage, ventilation ductwork, emergency lighting, fire alarms etc. to determine likely compliance with the Building Regulations. It is your responsibility for any costs incurred for all test equipment, training and expenses to carry out such tests.
1.6 On submission of an application to DBCP Limited we automatically assume that you have agreed to the acceptance of our Standard Terms and Conditions.
1.7 DBCP Building Regulation Charge unless otherwise stated within a quotation, is exclusive of the expense involved in third party checks required to check fire engineering solutions, including Computational Fluid Dynamics (CFD) analysis, etc. This is charged in addition by a Fire Engineer or Fire Engineering Consultant.
1.8 For new dwellings or dwellings created by a material change of use, the requirement of a Standard Assessment Procedure (SAP) calculation and Energy Performance Certificate (EPC)
1.9 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 DBCP.
1.10 We 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 Regulations.
1.11 We will issue a completion certificate once it is satisfied that the work appears to satisfy the requirements of the Building Regulations 2010.
1.12 Validity of Submissions - Submissions will not be treated as deposited until the cost of works (where applicable) have been accepted and the correct fee paid. All submissions should also include a site location/block plan of the site.
1.13 Withdrawing Applications - A non-returnable minimum charge of £50 will be made to recover administration costs where an application is withdrawn before the plans are checked. An application may not be withdrawn once plans have been checked.
1.14 By submitting an application to DBCP, it is recognised that you have consented to the time period for consideration of the application being extended to two months and that, if appropriate, you wish the application to be passed with conditions.
1.15 Any complaints regarding charges must be submitted in writing to the Building Control Manager to investigate. The findings will be notified in writing within 14 working days.
1.17 The client shall ensure that all necessary plans and information are provided to allow DBCP to determine compliance with the Building Regulations.
1.18 For domestic schemes, electrical and space heating systems should be installed by competent persons (see https://www.gov.uk/government/policies/building-regulation) and they should provide the relevant certification e.g. NICEIC, Gas Safe, NAPIT, ELECSA, OFTEC, etc. when the work is completed. When work is undertaken by a registered competent person, such installations do not form part of the Building Regulations approval provided by DBCP. If certification is not available, a copy of the competent persons details maybe sufficient for DBCP to deem whether the works have been competently undertaken. In order to confirm compliance, DBCP will require the name of the installer and the relevant competent person scheme registration details.
2. CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS
2.1 DBCP is not a ‘dutyholder’ under the Construction (Design and Management) Regulations (CDM) 2015 and therefore does not prepare or modify designs for a building, product or system relating to construction work. Guidance should be sought from a CDM professional to ensure compliance with your responsibilities under the following regulations http://www.hse.gov.uk/pubns/books/l153.htm.
3. PAYMENT TERMS
3.1 All application forms should state the name of the individual or company responsible for the payment of fees with address for invoices, an email address and a contact telephone number. His information is required within Section 1 Applicant’s Details of the application form.
3.2 Payment is due on submission of the application, including VAT as applicable unless terms have otherwise been formally agreed. Once an inspection has been undertaken an invoice will be raised (2nd stage payment) and this must be settled within 28 days from date of invoice.
3.3 Where DBCP has not undertaken a site inspection within 12 months of the previous site inspection, a charge of £125.00 including VAT will be charged.
3.4 Where a project has not commenced on site within 3 years of the date of the application, then the application will be deemed to have expired and a Section 32 notice of the Building Act 1984 will be served by DBCP.
3.5 Failure to make payment will result in steps being taken to recover monies owed through a debt collection agency and no certification will be provided.
3.6 All fees must be paid in full prior to the issue of a Completion Certificate.
3.7 If substantial changes are made to the project whereby it becomes substantially different to that described on the application form, or amendments are made to the project requiring additional plan checking, consultations or inspection, DBCP reserves the right to make additional charges.
3.8 DBCP’s liability will be determined as that of the local authority having due regard to the limitations imposed by the judicial decision of the House of Lords in the Murphy v Brentwood District Council (1989) 88 LGR 333CA. This refers to a House of Lords decision which limits the precludes the financial recovery from a building control body of pure economic loss in tort. The liability of DBCP is limited to the amount of the professional indemnity (PI) insurance.
4. DBCP CHARGES
4.1 Full Plans Application - Plan charge is payable when you submit the application
4.2 Inspection charge will be invoiced when you start work.
4.3 Building Notice Application - Building Notice Charge is payable when you submit the application.
4.4 Regularisation Or Reversion Application - Regularisation or Reversion Charge is payable when you submit the application.
4.5 Building Regulation Charge Exemption - No charge is payable for adaptation, extension or alteration work solely for the purpose of providing access and facilities for disabled people in an existing dwelling occupied by a Disabled person as permanent residence or existing buildings to which members of the public are admitted. However, supporting documentation may be required to prove this for domestic dwellings:
4.6 Total Estimated Cost Of Building Work - This is required for calculation of Building Regulation Charges and means a reasonable estimate that would be charged by a professional Builder. Where the estimate is considered unreasonable, or where no estimate is provided the Application will be treated as invalid.
4.7 Supplementary Charges - A supplementary charge is payable for a range of discretionary services offered by DBCP and is payable prior to the request being actioned.
4.9 All Building Regulation applications where the last inspection was carried out over 12 months ago are archived. A supplementary charge will be applicable to retrieve this file and for any subsequent inspections that may be required.
4.10 The Building Regulation charge payable at the time an application is deposited is determined on the basis that the design and construction is carried out by a person or Company that is competent to undertake such work. Where that proves not to be the case, and we spend more time than the original charge allowed; (for example dealing with poor quality building plans or Builders, inspecting substandard work or work that is not ready for inspection and carrying out more site visits than allocated) then supplementary charges may be incurred.
4.11 All Charges include VAT rate of 20% except Regularisation and Reversion Charge
5. CONTACT DETAILS
Derbyshire Building Control Limited
Dunston Innovation Centre
Tel: 0333 880 2000