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Legal Documents

Terms and Conditions of Engagement

Version 3.0

Hampshire Build Limited · Company No. 16074499 · Governed by English and Welsh law

Suite 14, STANTA Business Centre, St Albans, AL3 6PF · 01722 548911 · info@hampshirebuild.co.uk

All fees are exclusive of VAT at 20%.

These terms govern all services provided by Hampshire Build Limited ("we"/"us") to you. Paying the £250 + VAT deposit means you have read and accepted these terms in full. No separate signature is required.

Contents

1

Definitions

1.1
"You" / "Client" — the individual or entity instructing us, as named in the instruction email or invoice.
1.2
"We" / "Us" — Hampshire Build Limited.
1.3
"Package" — one of: Pre-Build Package, Premium Package, or Premium Plus Package.
1.4
"Project" — the works at the property confirmed at instruction.
1.5
"Drawings" — all architectural, planning, and building regulations drawings we produce.
1.6
"Drawing Package" — the complete set of drawings issued by us together with structural calculations prepared by an independent qualified structural engineer for your project.
1.7
"Contractor" — any builder or tradesperson you engage.
1.8
"Structural Revision" — an amendment by an independent qualified structural engineer to the structural calculations, or an amendment to structural drawings, for the approved design of the Project, including amendments required because of conditions found during construction that were not visible at survey.
1.9
"Design Consultation" — the collaborative design development process between survey and issue of final drawings.
1.10
"Working Day" — Monday to Friday, excluding bank holidays in England and Wales.
1.11
"Indicative Timescale" — any timeframe we communicate, whether verbally, by email, or on our website, which is an estimate only and not a contractual commitment.
1.12
"Construction Phase" — the period from the start of any works at the property until completion of those works.
1.13
"Internal Reconfiguration" — the removal, relocation or addition of internal walls, or a change in the use of rooms, within the existing dwelling, whether or not combined with an extension.
1.14
"Service Boundary" — the point at which our services under a Package end, as set out in Clause 12A.
2

Engagement and Instruction

2.1
We are engaged when your £250 + VAT deposit clears. No signature is needed. We may decline any instruction before work starts, in which case the deposit is refunded in full.
2.2
Scope changes or package upgrades after instruction require written agreement and additional fees.
2.3
Your obligations. Please: (a) give us accurate information — title plans, planning history, brief; (b) respond to queries and approve drawings within 10 Working Days; (c) ensure property access on the survey date; (d) obtain any third-party consents (freeholder, lender, neighbour) at your own cost; and (e) tell us promptly if anything material changes. We are not liable for delays or errors caused by your failure to cooperate. Failure to respond within 10 Working Days triggers the dormancy provisions in Clause 2.4.
2.4
Dormancy. If we have no contact from you for 4 consecutive weeks, we will close your file. Restarting requires a £250 + VAT re-engagement fee. If you haven't re-engaged within 12 months, the project is permanently cancelled and a fresh instruction and deposit are required.
2.5
Timescales. We'll be in touch within 2 working days to arrange your measured survey. Your measured survey is booked within 10 working days of your deposit. Your first drawings follow within 15 working days of the survey. These are Indicative Timescales and estimates only, not contractual commitments. We are not liable for delays caused by matters outside our reasonable control, including the LPA, Building Control, statutory consultees, the independent qualified structural engineer's programme where we have acted promptly, or delays in receiving your information or approvals. The LPA's statutory determination timetable is a target imposed on the LPA, not a promise from us.
2.6
Acknowledgement of timescales. By instructing us, you acknowledge that structural design and engineering calculation stages undertaken by an independent qualified structural engineer, and third-party coordination stages, are complexity-dependent and that all timescales we provide are indicative estimates only, as set out in Clauses 1.11 and 2.5. Delays arising from the legitimate time required to complete these stages, or from awaiting your input or third-party information, do not constitute a failure to perform on our part.
3

Fees and Payment

All Fees Are Exclusive of VAT
VAT is charged at the current UK rate (20%) and will be added to all invoices. Council fees, building control fees, and third-party costs are separate and payable directly to those parties unless agreed otherwise in writing.
3.1

Our fixed fees (all exclusive of VAT):

Package Fixed Fee (excl. VAT)
Pre-Build Package £1,950
Premium Package £2,950
Premium Plus Package £3,950
3.2

Payment schedules vary by package as follows. All amounts are exclusive of VAT.

Pre-Build Package

Stage Amount When Due
1 — Deposit £250 + VAT (non-refundable) On instruction, before any work begins
2 — Balance Package fee less deposit On completion of design consultation, before final drawings are released

Premium Package

Stage Amount When Due
1 — Deposit £250 + VAT (non-refundable) On instruction, before any work begins
2 — Stage 2 payment £1,500 + VAT On completion of design consultation
3 — Balance Package fee less prior payments On issuance of technical drawings and structural calculations prepared by an independent qualified structural engineer

Premium Plus Package

Stage Amount When Due
1 — Deposit £250 + VAT (non-refundable) On instruction, before any work begins
2 — Stage 2 payment £2,000 + VAT On completion of design consultation
3 — Balance Package fee less prior payments On issuance of technical drawings and structural calculations prepared by an independent qualified structural engineer

The deposit is non-refundable from the point of payment, subject only to Clause 2.1 (instruction declined by us) and your 14-day statutory cooling off right under Clause 14.5. We will not release final drawings until all outstanding balances are received. Invoice amounts are confirmed in writing at each stage.

3.3
Our fees are fixed. No additional charges apply beyond those set out in these terms.
3.4
Invoices are due within 7 days. We may suspend work if payment is more than 14 days overdue. Interest accrues at 4% above Bank of England base rate on overdue amounts.
3.5

Add-ons (all + VAT):

Two-storey extension (additional storey) £750
Loft conversion combined with an extension £950 (a standalone loft conversion is charged at the package fee only)
Internal Reconfiguration £750
Building Notice submission £450, council fees excluded (included in Premium Plus Package; see Clause 12.3)
Party Wall notice £250 per adjoining owner (one included in Premium Plus Package; see Clauses 10.2 and 12.4)
Build Over Agreement £650, water company fees excluded
Staged Programme of Works — Pre-Build Package and Premium Package £750 (included in Premium Plus Package; see Clause 12.2)
Contract & Tender — Pre-Build Package £1,500 (the services in Clauses 11.1–11.4; included in Premium Package and Premium Plus Package)
Planning resubmission — Pre-Build Package £450 per resubmission (see Clause 5.4)
Ecologist Report quoted individually once the site requirement is known
Flood Risk Assessment quoted individually once the site requirement is known
3.6
The re-engagement fee under Clause 2.4 is in addition to any outstanding package balance.
3.7
Design and technical work we've already completed and issued to you has been delivered in full and isn't refundable if the council's decision means a further application is needed.
4

Measured Survey

4.1
We carry out a professional on-site measured survey under all packages. It is a visual inspection only — we do not carry out structural, drainage, party wall, or any intrusive investigations.
4.2
You must ensure full access on the survey date. If the survey cannot proceed due to restricted access or cancellation with less than 48 hours' notice, a £150 + VAT re-survey fee applies.
4.3
Our drawings are based solely on our survey. Information you provide (existing drawings, measurements, estate agent details) is used as background reference only. We accept no liability for inaccuracies in third-party information.
4.4
Measurements are not for ordering. Our dimensions are for design and planning purposes only and are approximate. Do not use them to order materials, place sub-contract orders, or manufacture bespoke items. We accept no liability for costs or delays arising from reliance on our dimensions for procurement.
4.5
Design amendment rounds. The fixed fee includes two rounds of design amendments during the Design Consultation stage. A "round of amendments" means one consolidated set of changes submitted in a single written communication. Where amendments are provided across multiple messages, we treat the first communication received as the round. Additional rounds beyond the second are charged at £150 + VAT per hour, minimum one hour. Amendments required due to our error do not count toward your included rounds and are always resolved free of charge.
4.6
Post-survey commitment window. Following completion of the measured survey, you have a window of 10 Working Days from the survey date, or until we issue your initial drawings to you, whichever occurs first (the "Commitment Deadline"), within which you may withdraw from the engagement without incurring any liability beyond the deposit already paid. If you give us written notice of withdrawal before the Commitment Deadline: (a) your deposit is forfeited in full; and (b) no further fees are due and you have no obligation to proceed with the remainder of the package. If we have not received written notice of withdrawal from you by the Commitment Deadline — whether because 10 Working Days have elapsed since the survey date, or because initial drawings have been issued to you, whichever occurs first — you are committed to the full service package. From that point the full package fee becomes payable in accordance with the payment schedule in Clause 3.2, and you may not withdraw without liability for the outstanding balance as set out in Clause 14.2. Written notice of withdrawal must be sent to our email address on record. Verbal notice is not sufficient to trigger this clause.
5

Planning Applications

5.1
We prepare and submit your planning application to the local planning authority (LPA) as your agent.
5.2
Planning Approval Is Not Guaranteed
Planning outcomes are determined by the local authority, and we accept no liability for a refusal.
5.3
Design amendments before submission. The design amendments included in the fixed fee are the two rounds set out in Clause 4.5, which must be requested within 60 days of survey and before we have submitted the application. Further rounds requested within that period are charged under Clause 4.5. Amendments requested after 60 days of survey, or after submission, are charged at £150 + VAT per hour, minimum 3 hours (£450 + VAT minimum). Amendments caused by our error are always free.
5.4
Resubmissions after refusal. Pre-Build Package: all resubmissions charged at £450 + VAT each. Premium Package and Premium Plus Package: first resubmission included at no charge; further resubmissions £450 + VAT each. The included resubmission covers one revised application only — not appeals or pre-application advice.
5.5
LPA application fees are your responsibility and are not included in our fee.
5.6
We are not responsible for LPA delays. Statutory determination periods are targets for the LPA, not promises from us.
5.7
Conservation areas and listed buildings require additional supporting documentation not covered by the standard fee. An additional £450 + VAT applies. Specialist heritage reports required by the LPA are your cost.
5.8
Our permitted development assessments are professional opinions only, not lawful development certificates. Obtain a formal certificate from your LPA if certainty is required.
5.9
Choosing your route. There is usually more than one way to gain approval for your project — for example permitted development, a Lawful Development Certificate, or a full planning application. We'll talk you through the options and give our recommendation, but the route is your decision, and we'll ask you to confirm it before we submit anything.
5.10
What we can and can't promise. We prepare and submit your application to a high standard, but the decision always rests with your local authority. We can't guarantee that any application will be approved, or that a scheme will be confirmed as permitted development. A Lawful Development Certificate exists to check that with the council — so a decision that full planning is needed is a normal possible outcome, not a fault in our work.
5.11
If a different route is needed. If the council decides your project needs a different application (for example, full planning after a Lawful Development Certificate), preparing and submitting that is a separate piece of work, charged at £450 + VAT. Council and planning fees are always paid by you directly.
6

Building Regulations and Structural Calculations

6.1
Building regulations drawings and structural calculations prepared by an independent qualified structural engineer are included in all packages.
6.2
The independent qualified structural engineer's calculations are based on information visible at survey and the agreed design. Our building regulations drawings are prepared for Building Notice submission only — not a full plans application.
6.3
Building Control is your responsibility. You and your builder must appoint Building Control and ensure they check and approve the independent qualified structural engineer's calculations before work starts. We accept no liability for loss or non-compliance if Building Control was not appointed before works commenced or failed to validate the drawings before work began. Where we submit a Building Notice on your behalf (Clause 3.5 or Clause 12.3), we prepare and serve the notice only. Building Control inspections, notification of work stages, compliance of the works, the completion certificate and all Building Control fees remain the responsibility of you and your contractor.
6.4
The building regulations package covers structural and architectural elements only. It does not include mechanical or electrical engineering, HVAC, joinery schedules, kitchen or bathroom specifications, finishes, materials schedules, or detailed drainage design.
6.5
If Building Control requests additional information beyond our issued package, we will agree the cost with you before proceeding. Additional work is charged at £150 + VAT per hour, minimum 3 hours (£450 + VAT minimum). Queries caused by our error are handled free of charge.
6.6
Where conditions found during construction require structural drawing amendments prepared by an independent qualified structural engineer, Clause 10.6 applies. Such amendments are prepared remotely and do not involve attendance on site.
6.7
Construction (Design and Management) Regulations 2015 (CDM 2015). Hampshire Build Limited acts as a Designer under CDM 2015 solely in respect of the design information contained within the drawings we produce. Hampshire Build Limited does not act as Principal Designer unless separately appointed in writing under Clause 8.3.

Where more than one contractor is engaged to carry out the works — which is likely on most domestic extension and alteration projects — the client is legally required under CDM 2015 to appoint a suitably qualified Principal Designer in writing before construction commences. The client is also required to appoint a Principal Contractor.

It is the client's sole responsibility to ensure that all appropriate CDM duty holders are appointed. Hampshire Build Limited accepts no responsibility for CDM coordination, health and safety file preparation, pre-construction information management, or any other Principal Designer duty. The client should seek independent advice on their CDM obligations if required.
7

Structural Engineering Services

7.1
Third-party provision. Structural calculations are not produced by Hampshire Build Limited. Where structural calculations form part of the Package, Hampshire Build commissions an independent qualified structural engineer to produce them. That engineer takes design responsibility for the calculations, which are issued signed and dated in their name.
7.2
Engineer location and competence. The independent qualified structural engineers engaged by Hampshire Build may be based outside the United Kingdom. Before engaging any structural engineer, Hampshire Build takes all reasonable steps to satisfy itself that the engineer is competent to design to the relevant British Standards and to the Eurocodes as applied by the UK National Annexes, and that the engineer holds professional indemnity insurance. Evidence of competence and insurance is retained by Hampshire Build and is available to the Client on request.
7.3
No guarantee of Building Control approval. Hampshire Build does not warrant or guarantee that any Building Control body will approve, accept or agree the structural calculations or any other design information supplied. Building Control approval is a discretionary decision of a third party and lies outside Hampshire Build's control.
7.4
Third-party review and checking — Client's cost. Where a Building Control body, warranty provider, mortgage lender, party wall surveyor or any other third party requires the structural calculations to be independently reviewed, checked, countersigned, re-issued or verified by a separate qualified structural engineer or by a UK-registered structural engineer, that review does not form part of the Package and is not included in the Package fee. Commissioning and payment of any such review is the responsibility of the Client.
7.5
Correction of genuine errors. If an independent review of the kind described in Clause 7.4 identifies a genuine error or omission in the structural calculations for which an independent qualified structural engineer commissioned by Hampshire Build is responsible, Hampshire Build will procure the correction and re-issue of the affected calculations at no cost to the Client.

This obligation does not extend to:
  • the cost of the review or check itself;
  • design changes arising from altered site conditions, unforeseen ground conditions, or Client or contractor instructions;
  • requirements imposed by a third party which go beyond the standards to which the calculations were properly prepared;
  • preferences of a reviewing engineer as to method or presentation where the original calculations are compliant.
7.6
Statutory obligations preserved. Nothing in this Clause 7 limits or excludes Hampshire Build's obligation to perform its services with reasonable care and skill, or any other right the Client has which cannot lawfully be excluded or restricted.
8

Dutyholder Roles

8.1
Hampshire Build's role. Hampshire Build Limited acts as a Designer under the Construction (Design and Management) Regulations 2015, and as a designer under Part 2A of the Building Regulations 2010 (as amended by the Building Regulations etc. (Amendment) (England) Regulations 2023).
8.2
Client's appointment obligations. Where more than one contractor is engaged on the project, or where it is reasonably foreseeable that more than one contractor will be engaged, the Client is required by regulation 11D of the Building Regulations 2010 (as amended) to appoint a Principal Designer and a Principal Contractor in writing. A separate appointment is required under CDM 2015.
8.3
Principal Designer not included. The Principal Designer role under either regime does not form part of the Package and is not included in the Package fee. Hampshire Build may accept a Principal Designer appointment where separately agreed in writing and separately priced.
8.4
Client's positive obligation. The Client shall appoint a Principal Designer and Principal Contractor in writing before construction commences, and shall provide Hampshire Build with a copy of each appointment. The Client acknowledges that Hampshire Build has advised them of this requirement.
8.5
Effect of failure to appoint. The Client acknowledges that where a domestic client does not make the appointments required by regulation 11D, the regulations attribute the Principal Designer and Principal Contractor roles by default. Where no appointment has been made and Hampshire Build's fee does not include Principal Designer services, the scope of Hampshire Build's services to the Client remains limited to the services expressly set out in the Package, and Hampshire Build accepts no contractual responsibility to the Client for Principal Designer duties.
9

Intellectual Property

9.1
All drawings and documents we produce belong to us until you have paid in full. On full payment, you receive a non-exclusive licence to use the drawings for this project only. They may not be used for any other project without our written permission.
9.2
We may use images of completed projects and anonymised project details for marketing.
9.3
CAD files (DWG). DWG files are not included in any package. If we agree to release them on written request, a £750 + VAT release fee applies before transfer. On release, our engagement ends entirely and immediately — all obligations and warranties cease, and you assume full responsibility for any subsequent use of those files.
10

General Service Conditions

10.1
We will carry out all work with reasonable skill and care to the standard of a competent experienced residential architectural technician.
10.2
Party wall matters. Party wall surveying is not included in any package. Where we are commissioned to issue Party Wall notices (Clause 3.5), we prepare the notice documents only. If your neighbour's surveyor requests drawing amendments as a condition of consent, those are charged as post-issue amendments under Clause 10.4. We do not give party wall advice, resolve boundary disputes, or act as Agreed Surveyor. An included or commissioned Party Wall notice covers the preparation and service of one notice on one adjoining owner. Responding to counter-notices, appointing or acting as a surveyor, and party wall awards are excluded.
10.3
We are not responsible for delays caused by the LPA, Building Control, statutory consultees, utilities, or your own advisers.
10.4
Post-issue amendments. Changes to issued drawings requested by you are charged at £150 + VAT per hour, minimum 3 hours (£450 + VAT minimum). Not applicable where the change results from our error.
10.5
Third-party measurements. Our drawings are based on our survey. If you ask us to amend drawings to reflect your builder's measurements, we accept no liability for resulting errors. A fresh survey is available at £950 + VAT.
10.6
Structural revisions prepared by an independent qualified structural engineer — all Packages. Every Package includes exactly three rounds of structural revisions, carried out by an independent qualified structural engineer. Each additional structural revision round beyond the three included rounds costs £450 + VAT and will only be carried out after the Client gives prior written approval.
10.7
Acceptance of drawings. You have accepted the Drawing Package when either: (a) you confirm in writing you are happy to proceed; or (b) your builder starts work on site. Starting on site constitutes full unconditional acceptance, with or without written sign-off.
10.8
Post-acceptance amendments. Any non-structural change after acceptance (Clause 10.7) costs £450 + VAT per revision, for any reason. Structural revisions remain subject to Clause 10.6, including the three included rounds and the requirement for the Client's prior written approval before any additional round. No change is made without your prior written agreement to the fee.
10.9
Hidden conditions. Our survey covers what is visible. We cannot determine the condition of concealed elements and will make reasonable assumptions where elements are hidden. If opening up during construction reveals a structural issue, any resulting Structural Revision is prepared remotely by an independent qualified structural engineer and counts toward the three included rounds under Clause 10.6; any additional round costs £450 + VAT and will only be carried out after the Client gives prior written approval. We do not attend site to inspect concealed conditions. We accept no liability for concealed conditions not visible at survey.
10.10
Additional work. Work outside your package scope not covered by a specific fee in these terms is charged at £150 + VAT per hour, minimum 3 hours (£450 + VAT minimum). We will always agree the charge with you before proceeding.
10.11
Post-planning handover call. Following your planning decision we will hold a call of up to 30 minutes to explain the decision, outline the approved drawings, and confirm next steps. This is included in all packages. Additional work arising from the call that falls outside your package is chargeable under Clause 10.10.
10.12
Project Feasibility Study and marketing materials. All figures from our online Feasibility Study, website, brochures, or social media are indicative guides only — not quotes and not part of your contract. Your actual fee is what is confirmed in writing at instruction. Build costs are subject to contractor pricing and site conditions outside our control.
10.13
Complaints. Email info@hampshirebuild.co.uk with details of your complaint. We will acknowledge within 5 Working Days and respond fully within 20 Working Days.
10.14
Verbal and site-discussion status. Any opinion, suggestion or discussion provided verbally during a site visit, telephone call or meeting is indicative only. It does not form part of the agreed design scope and does not constitute a design or structural instruction unless and until it is subsequently confirmed by us in writing. Where we issue written notes or minutes following a site visit or meeting, those written notes represent the agreed position.
10.15
Written site-visit and meeting minutes. Following a site visit or design meeting, we will issue written notes summarising the matters discussed and agreed. You are asked to confirm these in writing. The written notes, once issued, take precedence over any recollection of verbal discussion.
10.16
Close of design consultation stage. The design consultation stage concludes on issue of the written minutes following the design consultation meeting. Issue of those minutes also exhausts the included design amendment rounds set out in Clause 4.5. Following issue of the minutes, any change you request — for any reason other than correction of our error — is a post-issue amendment chargeable under Clause 10.4. The production of technical drawings and structural calculations by an independent qualified structural engineer is a separate subsequent stage and does not affect the close of the design consultation stage.
10.17
Third-party design coordination. Where a project requires us to coordinate with an independent qualified structural engineer on a structural interface to drawings, components or specifications produced by a third party (for example, orangery or conservatory manufacturers, or another engineer's structural package), such coordination falls outside the standard package scope. This work is chargeable under Clause 10.10 and will be agreed with you in advance. We accept no liability for errors, omissions or delays arising from third-party information or from Clause 10.5.
10.18
Changes to client-supplied information. Where you change a specification, dimension, datum, layout or material that you previously provided to us, and drawings or calculations have already been produced on the basis of the earlier information, the resulting rework is a chargeable amendment under Clause 10.4. This does not apply to corrections of our own error, which are always resolved free of charge in accordance with Clauses 4.5 and 10.4.
11

Premium Package and Contract & Tender — Schedule of Works and Contractor Coordination

11.1
Clauses 11.1 to 11.4 apply to the Premium Package, the Premium Plus Package and the Contract & Tender add-on. Schedule of Works. We produce a Schedule of Works based on the approved drawings. It is a design document — not a bill of quantities or cost plan. We accept no liability if tender prices differ from your expectations.
11.2
Contractor introductions. We maintain a vetted contractor panel and will use reasonable endeavours to introduce you to suitable builders for competitive quotes. We do not warrant their performance, solvency, or conduct. Any contract you sign with a builder is solely between you and them.
11.3
Vetting consists of a Companies House check, reference checks, and a review of insurance at time of introduction. We do not monitor contractors ongoing and accept no liability for changes after introduction.
11.4
Building contract. Where we provide a standard building contract document, it is a template for you and your builder. We are not a party to it, do not administer it, and accept no liability for any dispute between you and your contractor.
11.5
We are not project managers. Nothing in any Package or add-on makes us responsible for managing, supervising, inspecting, monitoring or certifying the construction works, valuing or certifying payments to the contractor, or administering the building contract. Our services end at the Service Boundary in Clause 12A.
11.6
Site signage. As a condition of the Premium Package and Premium Plus Package, we will supply one site board displaying our company name, logo, website address and contact details, for your contractor to erect at or near the entrance to your property at the start of works and keep in place until practical completion. By accepting these terms you grant permission for the board to be displayed on your land for this purpose. You must not remove, damage, obscure, or otherwise interfere with the board without our prior written consent.
11.7
Photography and marketing licence. We may take photographs and short video footage of your property at the measured survey, and at any post-completion photography visit you agree to in writing, for our portfolio, website, brochures and social media. You may also send us photographs of the completed works for the same purpose. By accepting these terms you grant us a perpetual, royalty-free, non-exclusive licence to use, reproduce, and publish such material for marketing purposes without further consent or payment. We will not publish your full name or full property address in any public-facing material without your separate written consent. Anonymised references (such as "a client in Winchester") and images from which no personal data is identifiable may be used without restriction.
12

Premium Plus Package — Staged Programme of Works and Statutory Notices

12.1
The Premium Plus Package includes everything in the Premium Package, plus: (a) a Staged Programme of Works (Clause 12.2); (b) Building Notice submission (Clause 12.3), council fees payable by you; and (c) one Party Wall notice to one adjoining owner (Clause 12.4), with notices to additional adjoining owners at £250 + VAT each under Clause 3.5. The fixed fee covers these services. Planning approval cannot be guaranteed; approval is always the local authority's decision. Council, planning, Building Control and water company fees are payable separately by the Client directly to the relevant body.
12.2
Staged Programme of Works. We will prepare an indicative programme setting out the principal build stages and a recommended stage-payment structure aligned to those stages. The programme is issued before works start and is for the Client's guidance only. It does not constitute project management, contract administration, or certification of the contractor's works, and we do not monitor, update or enforce it during the Construction Phase. Responsibility for payments to the contractor, and the timing and amount of such payments, rests solely with the Client under the Client's contract with the contractor. The programme is available as an add-on to the Pre-Build Package and Premium Package at £750 + VAT under Clause 3.5.
12.3
Building Notice. We will prepare and serve a Building Notice on the local authority using our building regulations drawings. Clause 6.3 applies: serving the notice does not make us responsible for Building Control inspections, notification of work stages, compliance of the works, or the completion certificate.
12.4
Party Wall notice. Clause 10.2 applies. The included notice covers the preparation and service of one notice on one adjoining owner only.
12.5
Hampshire Build is not liable for the contractor's workmanship, delays, insolvency, or failure to follow the drawings, programme, or stage-payment recommendations. The building contract is between the Client and the contractor; Hampshire Build is not a party to it.
12.6
Existing instructions. The price applicable is the price at the date of instruction. Premium Plus Packages instructed under earlier terms continue on the terms and price in force when instructed.
12.7
Clauses 11.6 and 11.7 apply in full to the Premium Plus Package.
12A

Service Boundary — No Construction-Phase Services

12A.1
Our services under every Package end when we issue the final documents for that Package. For the Premium Package and Premium Plus Package, this is when the building contract is issued to you and your contractor for signature, whether or not it is later signed.
12A.2
No Package or add-on includes attendance at the property after the measured survey. We do not attend site during the Construction Phase. We do not inspect, supervise, monitor, sign off or certify the works; value or certify payments to the contractor; administer the building contract; or act as project manager, contract administrator or clerk of works.
12A.3
Questions raised during the Construction Phase by you, your contractor or Building Control about our drawings are handled remotely under Clause 6.5 (Building Control requests) or Clause 10.10 (additional work), with the cost agreed with you in writing before we proceed. Queries caused by our error are handled free of charge.
12A.4
Nothing in this Clause 12A limits our obligation to perform our services with reasonable care and skill, or any right you have which cannot lawfully be excluded or restricted.
13

Liability

13.1
Our total liability to you, for any reason and in any form, is capped at the total fees you have paid us for your project.
13.2
We are not liable for any loss that was not reasonably foreseeable when the contract was made. We supply our services for domestic and private use, and are not liable for any business losses.
13.3
Nothing here limits our liability for death or personal injury caused by our negligence, or for fraud, or for anything else that cannot be limited or excluded by law.
13.4
If you provide us with incorrect or incomplete information and a problem results, you will indemnify us against any resulting claims or costs.
13.5
We are not responsible for outcomes decided by third parties — including planning decisions, Building Control approvals, and permitted development rulings.
13.6
Force majeure. We are not in breach of these terms if something entirely outside our control prevents performance — including natural disasters, pandemic, war, strikes, or major IT failures. We will notify you promptly and resume as soon as the event has resolved.
14

Cancellation and Termination

14.1
You may cancel at any time by emailing us. Cancellation takes effect on receipt.
14.2
Fees on cancellation (outside the cooling off period). What you owe depends on where we have got to: (a) before survey — deposit retained, nothing further owed; (b) after survey but before the Commitment Deadline defined in Clause 4.6 — deposit forfeited, nothing further owed, provided written notice of withdrawal is received by us before that deadline; (c) after the Commitment Deadline (whether because 10 Working Days have elapsed from the survey date or because initial drawings have been issued, whichever occurs first) — you are committed to the full package and the outstanding balance is due in full; (d) after final drawings issued — full package fee due in any event. We will invoice any outstanding amount within 7 days.
14.3
When we can terminate. We may end the contract immediately if: (a) you fail to pay within 7 days of a written reminder; (b) you are abusive or threatening to our team; (c) you have provided false information; or (d) your failure to cooperate makes it impossible to progress the project.
14.4
On termination by either party, all fees outstanding remain due. We will not release drawings until the account is settled. Your licence to use drawings is suspended until full payment is received.
14.5
14-day cooling off right. If you are a consumer and instructed us remotely or away from our premises, you have a statutory right to cancel within 14 days of paying your deposit. If we have not started work, you will receive a full refund. If you asked us to start work within those 14 days — for example by booking your survey — you will pay a proportionate amount for the work carried out up to the point you tell us you are cancelling, up to the value of the deposit, and we will refund the rest within 14 days of you telling us. After the 14 days, Clause 14.2 applies.
14.6
Continuation checkpoint. On projects involving multiple rounds of design development or third-party coordination, we may at defined stages ask you to confirm in writing that you wish to continue on the current terms and timescales. This is to ensure both parties remain aligned. Should you elect instead to appoint an alternative provider, our terms on intellectual property, fees and the release of native CAD/DWG files (Clauses 9.1, 9.3, 3.2, 14.2 and 14.4) apply.
15

Data Protection

15.1
We process your personal data in line with UK GDPR and the Data Protection Act 2018. Your data is used solely to deliver your project and meet our legal obligations. We will not sell or share it for marketing purposes. Our full privacy policy is at hampshirebuild.co.uk/privacy.
16

General Provisions

16.1
Entire agreement. These terms and your package confirmation are the whole agreement between us and replace all prior discussions or representations.
16.2
Variation. Any change to these terms must be agreed in writing by us.
16.3
Waiver. Not acting on a breach immediately does not mean we have waived our right to act on it later.
16.4
Severability. If any provision is unenforceable, it is modified to the minimum extent needed or removed. The remaining provisions stay in force.
16.5
Third party rights. The Contracts (Rights of Third Parties) Act 1999 does not apply. No contractor or third party has any rights under these terms.
16.6
Notices. Formal notices must be in writing by email. An email is treated as received the next Working Day, provided no delivery failure notification is received.
16.7
Governing law. These terms are governed by English and Welsh law. Disputes are subject to the exclusive jurisdiction of the courts of England and Wales.

Hampshire Build Limited · Company No. 16074499 · Registered in England and Wales

Suite 14, STANTA Business Centre, St Albans, AL3 6PF · hampshirebuild.co.uk

Governed by the laws of England and Wales