Terms and Conditions

Matthew Giles Architects (“we”, “us”, or “the Practice”) frequently receive questions from new clients regarding the design process, building issues, and project management. In response, we have developed this guide to explain the design and construction process, including our working methods, work stages, and terms and conditions. This document outlines the basis of the contract between Matthew Giles Architects and our clients.

We are a RIBA-chartered practice and operate in accordance with the RIBA Plan of Work, which defines the sequential stages of architectural work. We follow the RIBA Conditions of Engagement in all our projects. For more information, please visit architecture.com

All UK-qualified architects at Matthew Giles Architects are registered with the ARB and adhere to its Code of Conduct. More details can be found at arb.org.uk

We aim to:
1. Deliver thoughtful, well-considered design responses aligned with the client’s brief, balancing creativity with practical delivery.
2. Apply a practical approach throughout the design and construction process.
3. Manage projects efficiently, ensuring a smooth experience for our clients.

1. Our services are structured in accordance with the RIBA Plan of Work and are tailored to the specific requirements of each project.
2. The scope of services is set out within the project proposal, which defines the stages of work, deliverables, and fee structure forming the basis of our appointment.
3. Our fee proposals are typically based on a continuous appointment through all work stages, from initial design through to completion on site.
4. Where a client wishes to appoint us for a limited scope of services, this should be agreed at the outset, as it may affect the structure of fees. Where our appointment is limited to early design stages only, we reserve the right to review the fee structure to reflect the standalone nature of this work.
5. If the agreed scope of services is subsequently varied, reduced, or extended, we reserve the right to review and adjust our fees to reflect the revised scope, level of involvement, and stage of the project.
6. Any services outside the agreed scope will be treated as Additional Services and may incur additional fees, which will be agreed in advance.

Architect’s Responsibilities:
1. Use reasonable skill, care, and diligence in accordance with the normal standards of the architectural profession.
2. Comply with all applicable laws and statutory regulations. Provide clear advice to clients on design, timescales, statutory consents, environmental factors, and other relevant matters.
3. Ensure the design is feasible, practical, and compliant with statutory regulations.
4. Liaise with consultants, prepare necessary documentation, and manage the building consent process.
5. Oversee the design development, technical details, and construction process, ensuring quality control and compliance with agreed budgets.

Client Responsibilities:
6. Provide clear project objectives and all relevant information about the site/building.
7. Ensure timely payment of fees and provide necessary funding for the project.
8. Communicate promptly regarding any changes to the project scope.
9. Provide timely and accurate information necessary for the completion of the services.

Other Professional and Contractor Responsibilities:
10. We are responsible for the architectural design and carry appropriate professional indemnity insurance. Similarly, structural engineers are responsible for their engineering design. The building contractor is responsible for carrying out the works in accordance with the design and holds full public liability insurance.
11. We carry out periodic site visits to review progress and assess whether the work generally conforms to the design. However, we are not responsible for the contractor’s methods, workmanship, or day-to-day supervision.
12. If continuous or detailed site supervision is required, we recommend the appointment of an independent site supervisor or project manager.

1. Contractual Relationships:
The client will have separate contracts with the architect and other consultants. The client also has a separate contractual relationship with the building contractor, who may have further contracts with sub-contractors and suppliers. Communication with all project parties should be managed through the architect to ensure efficiency and coherence.

2. Planning Applications:
We will submit planning applications on behalf of the client, but we cannot guarantee approval. Fees for planning applications are charged at submission and are not contingent on approval. Any modifications required to secure planning consent will be billed additionally.

3. Design Variations:
Where changes to the agreed design or scope are requested, we will advise on the implications for fees, program and approvals. Additional work arising from such changes may be charged on a time basis, subject to prior agreement.
We understand that ideas can evolve as the design develops. If you’d like to make changes to the agreed design or scope at any stage, please let us know in writing.

When this happens, we will:
- Discuss the changes with you to understand your updated goals.
- Advise you of any impact on fees, timelines, approvals, or other consultants.
- Provide written confirmation of the variation and any adjustments to our services or costs before proceeding.

Some changes may require significant rework or lead to additional design time. In those cases, we may treat the variation as additional work and charge accordingly - but we’ll always talk this through with you in advance. Our aim is to keep things flexible while staying transparent and fair throughout the process.

4. Project Delays:
If a project experiences delays between work stages, we may charge additional fees for work required during dormant periods that are not covered by the overall fee agreement.

5. Dispute Resolution:
In the rare event of a dispute, the parties shall first seek to resolve it through informal negotiation. If unresolved, the matter shall be referred to mediation, and if necessary, to arbitration. We are committed to resolving issues without resorting to litigation.

6. Termination of Contract:
If the client wishes to terminate the contract, all fees due for work completed, together with any agreed or committed services, will be payable.
We strive to ensure that any termination is handled amicably and professionally.

7. Liability and Professional Indemnity Insurance:
We maintain professional indemnity insurance in line with the Architects Registration Board’s Code of Practice. Our insurance is reviewed and renewed annually.
The Architect’s liability for loss or damage (except for death or personal injury) is limited to the amount of professional indemnity insurance in place at the time.
The Architect is not liable for any loss due to decisions made by third parties or delays beyond their control.

8. Copyright and Use of Information:
We retain the copyright to all designs and materials produced for the project. The Client receives a non-exclusive licence to use the documents for the purposes of the project only, provided all fees are paid in full.
If a client wishes to use the materials for other purposes or outside the scope of the project, additional arrangements must be made. The reuse of documents without written permission is not permitted.

9. Photography:
Photographing our completed schemes is an important aspect of our work. It allows us to maintain an accurate record of projects and showcase our work in our portfolio and on our website.
We reserve the right to photograph completed projects for portfolio and promotional purposes. If the client does not wish to have their property photographed, this must be communicated in writing prior to appointment.

1. Fee Approach:
Our fees reflect the level of design input, coordination and involvement required to deliver each project successfully.
For clarity, fees are typically structured as fixed sums for the early design stages, followed by a percentage of the construction cost for later stages, where the level of detail, coordination and site involvement increases.
A project-specific fee proposal is provided at the outset and forms the basis of our appointment.

2. Percentage-based Fees:
For later stages of work, fees are typically calculated as a percentage of the construction cost.
The overall percentage will depend on the scope, complexity, and level of service required. This is set out clearly within the project-specific fee proposal and is reviewed as the design develops and project costs are refined.

3. Fee Stages and Invoicing:
Fees are invoiced in accordance with the agreed work stages, or monthly where appropriate.
Payment terms are 14 days from the date of invoice. We aim to maintain a steady and transparent fee structure throughout the project, aligned with progress and delivery.

4. Time-based Fees:
Where additional services are required outside the agreed scope, these are charged on a time basis.
We will always discuss and agree any additional work in advance, including the likely level of input and associated fees.

Typical hourly rates are as follows:

- Principal / Director: £200/hour
- Associate Director: £200/hour
- Project Architect: £150/hour
- Assistant Architect: £125/hour

(All rates are subject to VAT)

5. Appointment Retainer Fee:
An Appointment Retainer Fee is payable upon appointment, enabling us to commence work on your project and allocate the necessary resources.
This forms part of the overall fee and is allocated against fees due during the course of the project.
Our fee proposals are typically based on a continuous appointment through all work stages. Where our appointment is reduced in scope or terminated earlier than anticipated, we reserve the right to retain all or part of the retainer, taking into account the stage reached, the work undertaken, and the value created through the design process.
Where a limited scope of services is agreed at the outset, this will be reflected in the fee structure and retainer arrangement.

6. Expenses:
Reasonable expenses incurred on behalf of the client (including surveys, printing, travel, statutory documents and third-party costs) are charged in addition to fees.
We will, where appropriate, obtain approval prior to incurring significant expenses.

As a domestic client, you have certain responsibilities under the Construction (Design and Management) Regulations (CDM) to ensure health and safety on your project:
1. Appointment of Key Roles: You must appoint a Principal Designer and Principal Contractor.
2. Providing Information: You must provide any known health and safety information about the site.
3. Ensuring Competence: You must ensure that the professionals and contractors you hire are qualified and competent.
4. Health and Safety File: The Principal Designer will prepare a Health and Safety File, which will be handed to you at project completion.
We are here to guide you through these responsibilities to ensure everything is managed safely.

We process and store client data in accordance with the UK General Data Protection Regulation (GDPR). Any personal information collected will be used solely for project and communication purposes and will not be shared with third parties without your consent.

We encourage clients to discuss any aspect of these Terms and Conditions. Prior to commencing work, clients must agree to these terms.