Terms & Conditions
HERTFORDSHIRE BUILDING CONTROL LTD
TERMS AND CONDITIONS
INTRODUCTION
These terms and conditions apply to all purchases of services from Hertfordshire Building Control Limited (“HBC”, “we”, “us”, “our”) made by you (“you”, “your”, “the client”) on our website or through any other means. By submitting an application form (online or paper hardcopy), you confirm that you have read and accepted these terms and conditions.
Our Role and Your Responsibility
HBC provides building control services and associated services. Our obligations as Building Control Inspectors do not extend to providing a clerk of works service, full site supervision, or control of your building works. This is your responsibility.
It is your responsibility to ensure that all work carried out by you or on your behalf meets the requirements of the Building Regulations in force at the relevant time. By submitting your application, you confirm you understand that the Completion Certificate is not a document of guarantee or warranty that work carried out by you or your builders is entirely compliant with those regulations.
1. TERMS
By purchasing any services (“Services”) from HBC, you agree to be bound by our website terms and these terms and conditions. Please read them carefully before submitting your order.
Payment for Services using a credit or debit card will be processed by Worldpay through a 128-bit Secure Socket Layer connection (SSL). HBC does not store any credit card data. Further information on how Worldpay processes your information is available at www.worldpay.com.
2. ABOUT US AND CONTACT INFORMATION
2.1 Who We Are
We are Hertfordshire Building Control Limited, a company registered in England and Wales. Our company registration number is 09990656 and our registered office is at Campus West, 4th Floor, The Campus, Welwyn Garden City, United Kingdom, AL8 6AE. Our registered VAT number is GB242928691.
2.2 How to Contact Us
You can contact us by:
- Telephone: 01438 879990
- Email: building.control@hertfordshirebc.co.uk
- Post: The Campus, Welwyn Garden City, Hertfordshire, AL8 6AE
- Book inspections: via WhatsApp 07483 034482
2.3 How We May Contact You
If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided in your order.
2.4 “Writing” Includes Emails
When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How We Accept Your Order
Our acceptance of your order takes place when we acknowledge receipt of the order, at which point the contract becomes legally binding between us.
3.2 If We Cannot Accept Your Order
If we are unable to accept your order, we will inform you and will not charge you for the Services. This may be due to:
a. Unexpected limits on our resources which we could not reasonably plan for
b. An identified error in the price or description of the Services
c. Inability to meet a deadline you have specified
d. The works being outside our geographical area
4. OUR RIGHT TO MAKE CHANGES
4.1 We May Make Changes to Our Services
a. Minor changes to reflect relevant laws or regulatory requirements
b. Minor technical adjustments and improvements (e.g., to address security threats)
c. More significant changes to the Services and these terms, in which case we will notify you
If work on-site has not commenced, you may contact us to terminate the contract before significant changes take effect and receive a refund for any Services paid for but not yet received.
5. YOUR RIGHT TO MAKE CHANGES
5.1 If You Wish to Change the Services You Have Ordered:
We will inform you if the change is possible and about any changes to the price, timing, or other aspects that would result from your requested change. We will ask you to confirm whether you wish to proceed with the change.
If we cannot make the change or the consequences are unacceptable to you, you may end the contract (if work on-site has not commenced or if an event beyond our control delays our supply of services).
6. PROVIDING THE SERVICES
6.1 Dates
We will begin the Services on the date agreed during the order process. The estimated completion date depends on the progress of your building works.
6.2 Delays Beyond Our Control
If an event beyond our control delays our services, we will inform you and take steps to minimize the effect. Provided we do this, we will not be liable for delays caused by the event. If there is a risk of substantial delay and no works have commenced on site, you may end the contract and receive a refund for any Services paid for but not received.
6.3 Access to Property
If you do not allow us access to your property to perform the Services as arranged (without good reason), we may charge you additional costs incurred. If we are unable to contact you or re-arrange access, we may take legal action to gain entry.
6.4 Required Information
We may need certain information from you to supply the Services (e.g., details of proposed works). If you do not provide this information within a reasonable time, we may charge a reasonable sum to compensate for any extra work required. We will not be accountable for delays in service delivery resulting from your failure to provide required information promptly.
6.5 Suspension of Services
We may suspend the supply of Services to:
a. Update the Services to reflect changes in laws and regulatory requirements
b. Deal with technical problems or make minor technical changes
c. Make changes to the Services as requested by you or notified by us
d. Address situations where you have denied access to your premises
e. Address situations where your actions make it very difficult or impossible to perform the Services
6.6 Suspension for Non-Payment
If you do not pay for the Services as per our payment terms (see Clause 11.3), we may suspend the supply of Services until you have paid outstanding amounts. We will notify you of this suspension. We may also charge interest on overdue payments and take legal action to recover the debt.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You Can End Your Contract With Us
You can end your contract with us, provided building work has not commenced, and arrangements have been made, if necessary, to engage another Building Control body.
Your rights when ending the contract, if site works have not commenced, depend on:
a. Whether the Services are defectively performed or misdescribed
b. Whether you’re ending the contract due to our actions
c. Whether you’ve simply changed your mind
7.2 Ending the Contract Due to Our Actions
You may end the contract immediately and receive a full refund for any Services not provided if:
a. We have informed you about an upcoming change to the Services or these terms which you do not agree to
b. We have informed you about an error in the price or description of the Services and you do not wish to proceed
c. There is a risk of significant delay due to events outside our control
d. We have suspended the Services for technical reasons for more than fourteen days
e. You have a legal right to end the contract because of our wrongdoing
7.3 Your Right to Change Your Mind
For most Services purchased online, you have a legal right to change your mind within 14 days and receive a refund under the Consumer Contracts Regulations 2013.
7.4 When You Cannot Change Your Mind
You cannot change your mind:
a. If any Services have been completed, even during the cancellation period
b. For partially completed Services, you must pay for Services provided up until you tell us you’ve changed your mind
8. HOW TO END YOUR CONTRACT WITH US
8.1 How to Notify Us
Contract cancellation must be done in writing. You can send a letter by post or email to building.control@hertfordshirebc.co.uk. Please include your name, home address, phone number, email address, and details of the Services.
8.2 Refund Process
We will refund you using the same payment method you used. We may make deductions for any Services supplied during the first calendar month after you notified us of your decision to cancel. The deduction will be proportional to what has been supplied compared to the full contract coverage.
8.3 Refund Timing
Refunds will be made within fourteen days after contract expiration. Payments related to Regularisation Certificate applications or Building Notices are not refundable once made, as it is your responsibility to ensure the application is required before submitting it.
8.4 Full Plan Application Refunds
a. If inspections are cancelled within three months of completing the plans check and no works have commenced on-site, a full refund of inspection fees will be made
b. If inspections are cancelled after three months of completing the plans check, 10% of the total inspection fee will be charged as an administration fee
c. Inspections can only be cancelled before works start on site and if another Building Control Body has been engaged
9. OUR RIGHTS TO SUSPEND THE CONTRACT
9.1 We May Suspend the Contract If:
a. You do not make payment when due and fail to pay within fourteen days of our reminder
b. You do not provide necessary information within a reasonable time
c. You act in a way that makes it very difficult or impossible to perform the Service
10. PROBLEM RESOLUTION
10.1 Complaints Procedure
If you have questions or complaints about the Services, please contact us in writing using the details in clause 2.2. We will attempt to resolve the issue informally. If unsuccessful, your complaint will proceed to Stage 1 of our complaints procedure.
Stage 1
We will acknowledge your complaint within 2 working days and aim to provide a substantive response within 10 working days. If we cannot meet this timeline, we will update you accordingly. If you remain dissatisfied, you may progress to Stage 2 within 28 days of our Stage 1 response.
Stage 2
We will pass your complaint to the relevant Local Authority for review of our Stage 1 response. We will amend our response if appropriate.
Stage 3
If you remain unhappy, you may, within 28 days of the Stage 2 response, take your complaint to the Local Government Ombudsman (www.lgo.org.uk, 0300 061 0614).
10.2 Your Legal Rights
We have a legal duty to supply Services that conform to this Contract and the law. Your key legal rights include:
a. You can ask us to repeat or fix a service not carried out with reasonable care and skill, or get money back if we cannot fix it
b. If no price was agreed beforehand, what you are asked to pay must be reasonable
c. If no time was agreed beforehand, the service must be carried out within a reasonable time
These rights are subject to certain exceptions. For detailed information, visit the Citizens Advice website (www.adviceguide.org.uk) or call 03454 04 05 06.
11. PRICE AND PAYMENT
11.1 Service Pricing
The price for the Services (including VAT for most services-see clause 11.2 for exceptions) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure pricing accuracy, but please see Clause 11.8 regarding pricing errors.
11.2 VAT Changes
If the VAT rate changes between your order date and the date we supply the Services, we will adjust the VAT rate you pay, unless you have already paid in full before the change takes effect. Certain Service charges are VAT exempt: Regularisation fees, Demolition fees, and Reversion fees.
Payment Terms:
a. We accept BACS, Visa, and Mastercard. Payment is required in advance, and the application is only validated upon receipt of payment
b. For online applications without immediate payment, you have 14 days to pay via the methods in clause 11.3(a). If payment is not received within 14 days, the application will be voided, and documents will need to be resubmitted for any future application
c. Confirmation of online payments will be displayed on your screen after payment authorisation and acceptance, with an option to print
d. Unauthorised use of credit or debit cards will be dealt with seriously, and we will take appropriate action against those committing or attempting to commit online fraud
11.4 Late Payment Interest
If you do not make payment by the due date, we may charge interest on the overdue amount at 8% per year above the Bank of England base rate. This interest accrues daily from the due date until actual payment of the overdue amount. The interest is payable together with the overdue amount.
11.5 Invoice Disputes
If you believe an invoice is incorrect, please contact us promptly. You will not have to pay interest until the dispute is resolved. Once resolved, we will charge interest on correctly invoiced sums from the original due date.
11.6 Debt Collection
If payment is not received after 4 reminders, the debt will be transferred to collection, and additional costs will be incurred. These additional costs depend on the amount owed and will be added to the debt plus any accrued interest.
11.7 Price Determination
The price you pay is determined by us after assessing the proposed work, circumstances, and application type. Fee quotations are valid for 3 months, provided the work is identical and concerns the same property.
11.8 Additional Works
Quotes and invoices are based on the work description in your application. If the actual work exceeds our original quotation or invoice, you are liable for additional costs resulting from the extra work required. We will advise you of additional costs before undertaking the work.
11.9 Rejuvenation Fees
If building or related work stops for a period after inspections start, the following fees apply:
- If works stop for 1-2 years since our last visit: a supplementary fee will be charged at project completion, plus additional fees if Building Regulations have changed
- If works stop for 2-3 years since our last visit: a supplementary fee plus one hour of surveyor time will be charged, plus additional fees if Building Regulations have changed
- If works stop for more than 3 years: we will charge the standard Rejuvenation fee (4 hours at current surveyor hourly rate), with additional time charged at hourly rates, plus fees for compliance with any changed Building Regulations
- Rejuvenation fees must be paid upfront before service recommencement
11.10 Defective Works
If your builder has, in our reasonable opinion, carried out defective or negligent work, more Services may be required than originally quoted. Where further inspections or additional work is needed, we will provide a quote before undertaking it.
12. LIABILITY FOR LOSS OR DAMAGE
12.1 Consumer Liability
If you contract with us as a consumer and we fail to comply with these terms, we are responsible for foreseeable loss or damage resulting from our breach of contract or failure to use reasonable care and skill. We are not responsible for unforeseeable loss or damage.
12.2 Non-Exclusion of Liability
We do not exclude or limit our liability where it would be unlawful to do so, including liability for:
a. Death or personal injury caused by negligence
b. Fraud or fraudulent misrepresentation
c. Breach of your legal rights about the Services
12.3 Property Damage Liability
Where you contract for Services as a business or not as a consumer, our liability is limited as follows:
a. We have no liability for consequential loss, lost profits, lost data, or business interruption arising from the Services or website use
b. For all other non-consumer liability, our liability is limited to the sum paid or due for the Service
13. DOCUMENT COPIES AND RETENTION
13.1 Document Copies
We may provide copies of documents related to your application and the Services upon request. Requests for certified copies, notarized documents, or expedited processing may incur additional fees, which will be communicated at the time of request.
13.2 Fee for Document Copy Requests
A reasonable administrative fee may be charged for providing copies of documents. This fee covers administrative costs, document retrieval, and delivery expenses.
13.3 Fee Payment and Processing
Payment of the document request fee must be received before your request will be processed.
13.4 Non-Refundable Fee Policy
The document request fee is non-refundable once the requested document(s) have been located, processed, and transmitted to you through your designated delivery method. This non-refundable status applies in all circumstances, including but not limited to:
a. Dissatisfaction with the content of the provided document(s)
b. The document(s) not containing the specific information you were seeking
c . You no longer requiring the document(s) for your intended purpose
d. Duplicate requests for documents you have previously received
13.5 Document Quality and Format
All documents will be provided in [format type(s)] and in the condition maintained in our records. While we strive to provide legible and complete copies, we cannot guarantee the quality of documents beyond what exists in our system.
13.6 Document Retention
We will retain documents related to your application for a period of 15 years from the date of completion of the Services. After this period, documents may be securely destroyed in accordance with our data retention policy.
14. OTHER IMPORTANT TERMS
14.1 Rights Transfer
If you have not entered into this agreement as a consumer, you may only transfer your rights or obligations under these terms to another person with our written consent.
14.2 Third-Party Rights
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 Severability
Each paragraph of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.4 Enforcement
If we do not immediately insist that you do something required under these terms, or if we delay in taking steps against you for breaking this contract, that does not mean you do not have to do those things or prevent us from taking steps later. For example, if you miss a payment, and we do not chase you but continue to provide the Services, we can still require payment later.
14.5 Governing Law
These terms are governed by English law, and you can bring legal proceedings regarding the Services in the English courts.
15. PERSONAL DATA
15.1 Data Confidentiality
We will treat your personal details confidentially and only use them for processing your order. If requested by regulatory or government authorities investigating suspected illegal activities, we may release your details. Some information (e.g., name and address) may be retained as required for public information, which others may access by request.
16. WEBSITE CHANGES
16.1 Website Modifications
We reserve the right to modify or withdraw all or any part of our website without notice. Your continued use of the website following changes will be deemed acceptance of these changes.