Terms and Conditions

1.0 INTRODUCTION

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.

2.0 ROYAL INSTITUTE OF BRITISH ARCHITECTS (RIBA)

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 www.architecture.com.

3.0 ARCHITECTS REGISTRATION BOARD (ARB)

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 www.arb.org.uk.

4.0 OVERALL OBJECTIVES

We aim to:
- Deliver imaginative and innovative designs in line with the client’s brief.
- Apply a practical approach throughout the design and construction process.
- Manage projects efficiently, ensuring a smooth experience for our clients.

5.0 SCOPE OF SERVICES

- Services will follow the RIBA Plan of Work stages, tailored to the Client’s requirements. Please refer to our Scope of Services Document for a full description of the work included in each stage.
- The scope will be defined in the Appointment Letter or agreed separately in writing.
- Any services outside the agreed scope will be treated as Additional Services and may incur additional fees.

6.0 ROLES AND RESPONSIBILITIES

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

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

Other Professional and Contractor Responsibilities:
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.
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.
If continuous or detailed site supervision is required, we recommend the appointment of an independent site supervisor or project manager.

7.0 IMPORTANT CONSIDERATIONS

7.1 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.
7.2 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.
7.3 Design Variations:
If the client requests design changes during the project, we will advise on cost and programming implications. Such changes are charged on a time basis according to our published hourly rates.
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.
7.4 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.
7.5 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.
7.6 Termination of Contract:
If the client wishes to terminate the contract, all fees and expenses incurred up to that point will be payable. We strive to ensure that any termination is handled amicably and professionally.
7.7 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.
7.8 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.
7.9 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.

8.0 FEES AND PAYMENTS

8.1 Fee Structure:
We charge fees based on either a percentage of the contract value or an hourly rate, depending on the project scope, complexity, and duration.
8.2 Percentage-based Fees:
Our fees typically range from 15% to 20% of the contract value, depending on the project scale. A fee proposal will be provided at the project outset and adjusted as the project progresses. This typically occurs at the Cost Plan Stage, upon agreement of contract value and at project completion.
8.3 Fee Stages:
Fees are charged in stages and invoiced monthly. Payments are due within 14 days of the invoice date. Late payments may be subject to interest in accordance with the Late Payment of Commercial Debts Regulations.
8.4 Time-based Fees:
Hourly rates vary depending on the seniority of the architect and task complexity. Typical hourly rates are:
- Principal / Director: £200/hour
- Associate Director: £175/hour
- Project Architect: £150/hour
- Assistant Architect/Designer: £125/hour
(*All rates are subject to VAT*)
8.5 Deposit:
A deposit is payable upon appointment, which enables us to commence work on your project. This deposit is not an additional charge but forms part of the overall agreed fee.
The deposit amount will be deducted from the remaining balance of fees once the project cost or contract value has been confirmed — typically during Stage 5: Tender & Construction.
In cases where we are appointed on a limited basis, or our involvement is terminated sooner than initially agreed, we reserve the right to retain the deposit, in lieu of a one off payment.

9.0 EXPENSES

Expenses incurred on behalf of the client (e.g., travel, surveys, prints, contract documents, OS maps, etc.) are charged in addition to fees.

10.0 CONSTRUCTION (DESIGN & MANAGEMENT) REGULATIONS (CDM)

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.

11.0 DATA PROTECTION

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.

12.0 CONCLUSION

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