Terms and Conditions

Introduction

These Terms of Business set out the basis on which enevo Building Control provides services as a Registered Building Control Approver.

They explain our respective responsibilities, the services included within our appointment, payment arrangements, the Initial Notice process, additional fees and inspections, and the limitations that apply to our services and liability.

Please read these terms carefully before completing and signing the Agreement Form. By signing the Agreement Form, you confirm that you accept these Terms of Business and authorise enevo Building Control to act as the Registered Building Control Approver for your project.

Should you have any questions about these terms or how they apply to your project, please contact our team before entering into the agreement.

Terms of Business

Upon receipt of a completed Agreement form, Yorkshire Dales Building Consultancy Ltd (trading as enevo Building Control) will serve the statutory Initial Notice. By signing this Agreement Form you are confirming that the person intending to carry out the work understands that Yorkshire Dales Building Consultancy Ltd (trading as enevo Building Control) will sign the Initial Notice on their behalf (Building Control Alliance - Initial Notice Protocol Paragraph 9.1).
All completed Agreement forms must be accompanied by the total fee (unless otherwise agreed) and include, where applicable, plans for the scheme of proposed works. Please provide an address to which the receipt can be sent or to which the receipt is to be copied.
Where invoices have been issued these are required to be paid in full immediately.
The total fee has been determined based on the information provided at quotation stage - namely the number of site inspections (identified at instruction stage), a reasonable amount of time allocated to the plan checking process and where applicable, a proportion of the fee for checking of structural design/calculations by our consulting engineers. Additional plan check/consultancy fees incurred by Yorkshire Dales Building Consultancy Ltd (trading as enevo Building Control) which are deemed as disproportionate to the total fee will be charged to the Client.
Where significant changes in a project are proposed, including additional structural design information or, where structural design calculations are found to be incomplete or unsatisfactory, and additional checking is therefore required, additional fees may be charged.
These terms of business cannot be varied unless agreed writing. Full terms of business are as provided in the BSR Registered Building Control Approvers (copy available upon request).
A valid Agreement must include the fee as in 2 above for Yorkshire Dales Building Consultancy Ltd (trading as enevo Building Control) to be able to act as the Registered Building Control Approver for the project and proceed to serve the statutory Initial Notice. Unless agreed in writing fees will not be refundable in the event any project does not proceed.
Fee scales/quotes, orders, invoicing, and method of working will be as stated in each term contract.
Where payment of fees has been agreed then the amount must be paid in full prior to the issue of a Final Certificate or part Final Certificate.
Where additional site inspections are requested, over and above those agreed at the instruction stage, a fee will be charged per additional inspection. The fee will be notified prior to any of the additional inspections being carried out.
Where you are signing the Agreement form on behalf of a Client you are confirming that the Client accepts that Yorkshire Dales Building Consultancy Ltd (trading as enevo Building Control) will be undertaking the building control function i.e. acting as Registered Building Control Approver for their project.
Complaints. Yorkshire Dales Building Consultancy Ltd (trading as enevo Building Control) has a complaints procedure. If you are not satisfied in any way with any aspect of the service you receive then please contact enevo Building Control. A copy of our complaints procedure is available upon request.
Please return the completed agreement to enevo Building Control at the following address: Suite 2.1, Woodhead House, Woodhead Road, Birstall, Batley, WF17 9TD - info@enevobuildingcontrol.co.uk
An Initial Notice, once served upon the Local Authority, does not become valid until it has been accepted by the Local Authority. Local Authorities have 5 (working) days within which to accept or reject an Initial Notice served upon them. The commencement of work to which an Initial Notice relates within this period is done entirely at the risk of the person carrying out the works.
Yorkshire Dales Building Consultancy Ltd (trading as enevo Building Control) will carry out its duties with reasonable skill care and diligence and shall act with integrity in and for the interests of the Client for whom we act, maintaining confidentiality at all times, subject to our obligations in respect of current statutes or statutory provisions which are applicable to the functions of Registered Building Control Approvers. Yorkshire Dales Building Consultancy Ltd (trading as enevo Building Control) will undertake the function of Registered Building Control Approver and carry out the duties and obligations required by The Building Act 1984 and The Building (Registered Building Control Approvers etc.) (England) Regulations 2024.
REGISTERED BUILDING CONTROL APPROVER ADDITIONAL CLAUSES
Compliance with the Building Regulations
The Client has the statutory responsibility 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 or give rise to any duty to do so.
The Registered Building Control Approver shall, in performing the Services exercising the level of skill and care provided in clause 14 above, 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 the Project as a whole or every aspect of the Project complies with the Building Regulations.
Termination Right
The Registered Building Control Approver may terminate this contract forthwith by notice in writing if the Registered Building Control Approver reasonably believes that it is impossible or impracticable to perform the Services as a result of any circumstances for which the Registered Building Control Approver is not responsible and/or that the Registered Building Control Approver will not be in a position to issue a final certificate on completion. Following termination by the Registered Building Control Approver or the Client, the Registered Building Control Approver is entitled to write to the Local Authority (with a copy to the Client) cancelling the initial notice under the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 in which case the Registered Building Control Approver functions will revert to the Local Authority and the Registered Building Control Approver will be discharged from all requirements to complete the Services or any Additional Work. The Registered Building Control Approver shall not be liable for any losses, costs, expenses, damages, or liabilities that the Client may incur in such circumstances.
Limitations of Liability
The Registered Building Control Approver’s obligation in relation to the performance of the Services shall be limited to the exercise of the level of skill and care provided in clause 14 and it shall only be liable if and to the extent that it has failed to exercise such skill and care.
The Registered Building Control Approver shall not be responsible for or have any duty or liability in connection with the supervision of any contractor or sub-contractor, nor shall the Registered Building Control Approver have any responsibility, duty or liability as a result of in connection with the performance of any contractor or sub-contractor or any contractor or sub-contractor’s standard of workmanship.
The Insurer will not be liable in respect of:
Any Claim arising from a contract, agreement or appointment signed, entered into or concluded on or after the 1st July 2021, which contains provisions more onerous than the BSR Registered Building Control Approvers ‘Contract for the Appointment of an Registered Building Control Approvers’ but only to the extent that the claim or part thereof relates to a liability arising out of provisions more onerous than the BSR approved ‘Contract for the Appointment of an Registered Building Control Approvers’.
Any Claim arising out of or liability assumed under a Third Party Contract entered into on or after the 1st July 2021 other than such liability that would have attached to the Insured in the absence of such Third Party Contract.
A Third Party Contract is defined as:
Any Collateral Warranty, Letter of Reliance or any other contract with a third party other than the Insureds appointment for the provision of services.
Financial Cap
Notwithstanding anything to the contrary in this Agreement, the liability of the Registered Building Control Approver under or in connection with this Agreement whether in contract or in tort [delict], in negligence, for breach of statutory duty or otherwise (other than in respect of personal injury or death) shall not exceed in aggregate the sum of ten times the total fee.
If no amount is inserted above, the liability of the Registered Building Control Approver shall not exceed in aggregate a multiple of ten times the total of the fees payable to the Registered Building Control Approver by the Client.
Economic Loss Exclusion
Neither Party shall under any circumstances whatsoever be liable to the other for any direct or indirect loss of profit, loss of business or anticipated saving or special, indirect or consequential damage suffered by the other Party that arises under or in connection with this Agreement.
Net Contribution
Further and notwithstanding anything to the contrary contained in this Agreement and without prejudice to any provision in this Agreement whereby liability is excluded or limited to a lesser amount, the liability of the Registered Building Control Approver, if any, for any loss or damage (“the loss or damage”) in respect of any claim or claims shall not exceed such sum as it would be just and equitable for the Registered Building Control Approver to pay having regard to the extent of the Registered Building Control Approver's responsibility for the loss or damage and on the assumptions that:
1. All other consultants and advisers, contractors and sub-contractors involved in the project shall have provided contractual undertakings to the Client on terms no less onerous than those set out in this agreement in respect of the carrying out of their obligations in connection with the project; and
2. There are no exclusions of or limitations of liability nor joint insurance or coinsurance provisions between the Client and any other party to the Project and that 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
3. All the parties referred to in (i) above, 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.
Time Limitation
No action or proceedings under or in respect of this Agreement whether in contract, in tort, in negligence, for breach of statutory duty or otherwise shall be commenced against the Registered Building Control Approver after the expiry of six years from the date of completion of services or the termination of the services if earlier.
Exclusion of Third-Party Rights
Nothing in this Agreement confers or purports to confer on any third party any benefit or any right to enforce a term of this Agreement. Neither the Registered Building Control Approver nor the Client may assign its rights and/or benefits under this contract without the prior written consent of the other.
Please see our privacy policy: enevobuildingcontrol.co.uk/enevo-privacy-policy/