What’s involved in a typical domestic project? +
The following is an example procedure for a typical construction project:-
After meeting either at the property or in our office, we would send the client a fee proposal and suggested basis for a fee agreement (to set out the fee, scope of work to be provided and terms of the agreement).
Should you wish to accept our fee proposal, we would normally visit the property to take dimensions and then prepare survey plans and sketch plans for discussion. From that you should be able to approve or amend the sketch plans after discussion with us, which will enable us to draw up plans and elevations for making a Planning application.
This element of our work might take say four weeks from receipt of your instructions dependant on discussions on the sketch schemes. A Planning fee would be required payable to the Local Authority.
Presuming that planning approval is granted, (say eight to ten weeks from the date of submission), we would then prepare detailed working drawings and usually a specification/schedule of works to enable builders to prepare competitive tenders. The detailed drawings are also submitted to the Council for Building Regulations approval, together with an accompanying 'Plans fee'. Our work on this stage will take four to six weeks, dependent upon how involved the project is and on other work in the office at the same time.
We would recommend allowing builders four to five weeks to prepare their tender. We have knowledge of a wide range of builders and would be pleased to make suggestions as well as include any preferences you may have in compiling the tender list.
We hope that a figure would be received that is within your budget and that it would not be necessary to negotiate reductions with the lowest tenderer.
Dependent upon his workload, the builder would usually be able to start work within a few weeks of your acceptance of his tender. He has to organise labour, place preliminary orders and obtain materials, etc. and our experience is that a reasonable lead in time must be allowed to ensure a meaningful start when the contractor arrives on site.
The builder in his tender submission will state a period for carrying out the work.
We would inspect the work at one or two week intervals, dependant upon the stage of the job, report to you on progress and discuss any queries or variations and issue instructions to the builder.
The builder’s requests for payment come to us at monthly intervals: we assess the claim against the amount of work done and materials on site, and issue an Architect’s Certificate which authorises payment of the amount, less a 5% retention.
The retention is held until Practical Completion, i.e. when the building is basically ready for use, when half of it is paid. The remaining 2.5% is held back for the defects period; usually three or six months and included with the final payment after any defects through workmanship or faulty materials have been rectified.
On smaller domestic projects and if the scope of work is within the standards of reasonable competence to be expected of an experienced builder, we may suggest that the use of a JCT Homeowners contract, (which is designed for these situations), is appropriate. In these situations, a site inspecting or contract administration role for us is probably not necessary We will be able though to answer any reasonable queries which you or the builder may have on the information which we produce.
Other consultants - If possible, on smaller domestic projects we will use the services of a lintol manufacturer to provide lintol and beam sizing calculations. If they cannot provide the service for the design developed then a Structural Engineer will need to be appointed to provide structural calculations as required by the Building Inspector. We can recommend consultants at the appropriate stage. Such other appointments being directly between yourselves and the Consultant. Costs for these services would usually be on a time charge basis.
The 1996 Party Wall Act outlines requirements to notify adjoining owners of proposed building works. If the neighbour does not object, no further action is required. However if the neighbour has concerns which cannot be resolved by further discussion, a specialist Party Wall Surveyor may need to be appointed for each side, (and paid for by the person wishing to carry out the work), in order to prepare a mutually acceptable Party Wall Award. We can suggest surveyors if so required.
If the work is for a ‘domestic client’ as defined under the 2007 Health and Safety (CDM) Regulations, a Health and Safety Co-ordinator appointment, as set out in that Act, will not be required. The Contractor will be required however to advise the HSE of the start of work on site.
What sort of building contract should I enter into? +
By far the majority of building projects in the UK operate under contracts issued by the Joint Contracts Tribunal of which RIBA is a member.
In a radical departure the JCT has published a 'consumer contract' - a contract between a home owner and a builder. It has been prepared in very plain language and has been awarded the Crystal Mark of Clarity by the Plain English Campaign. A version for use with an architect or other professional advisor is also available. It is available (alongside DIY Will kits and the like) from high street stationers such as WH Smith or from the RIBA Bookshop.
What are the RIBA Workstages often referred to? +
The RIBA Plan of Work is a robust process protocol which describes the activities from appraising the client’s requirements through to post construction. The stages are also used in the appointing documents to help identify the architect's services.
The stages are as follows:-
A: Appraisal Identification of client's requirements and possible constraints on development. Preparation of studies to enable the client to decide whether to proceed and to select probable procurement method. (usually charged on a time basis)
B: Strategic Briefing Preparation of Strategic Brief by, or on behalf of, the client confirming key requirements and constraints. Identification of procedures, organisational structure and range of consultants and others to be engaged for the project. (usually charged on a time basis)
C: Outline proposals. Commence development of strategic brief into full project brief. Preparation of outline proposals and estimate of cost. Review of procurement route. (usually 20% of total project fee)
D: Detailed proposals. Complete development of the project brief. Preparation of detailed proposals. Application for full development control approval, (planning consent). (usually 20% of total project fee)
E: Final proposals. Preparation of final proposals for the Project sufficient for co-ordination of all components and elements of the Project. (usually 15% of total project fee)
F: Production information F1: Preparation of production information in sufficient detail to enable a tender or tenders to be obtained. Application for statutory approvals. F2: Preparation of further production information required under the building contract. (usually 20% of total project fee)
G: Tender documentation. Preparation and collation of tender documentation in sufficient detail to enable a tender or tenders to be obtained for the construction of the Project. [Solely concerned with the documentation required for tenders. Particularly useful with D+B or management contracts] (usually 2% of total project fee)
H: Tender action. Identification and evaluation of potential contractors and/or specialists for the construction of the project. Obtaining and appraising tenders and submission of recommendations to the client. (usually 1% of total project fee)
J: Mobilisation. Letting the building contract, appointing the contractor. Issuing of production information to the contractor. Arranging site handover to the contractor. (usually 1% of total project fee)
K: Construction to Practical Completion. Administration of the building contract up to and including practical completion. Provision to the contractor of further information as and when reasonably required. (usually 20% of total project fee)
L: After Practical completion. Administration of the building contract after practical completion. Making final inspections and settling the final account. [Clearly separated from the construction phase] (usually 1% of total project fee)
Where do I get advice on appointing an architect? +
A new edition of the RIBA's "A Client's Guide to Engaging an Architect" has just been published. The guide starts with an explanation of the need for a written form of appointment between the client and their architect, preferably a Standard Form of Agreement (SFA). It explains the main purpose and content of the appointment document including defining the extent and type of services to be provided, copyright, fees, dispute resolution, determination of the agreement and what is required of both client and architect.
The section on fees sets out a range of options for fee calculation including percentage of construction cost, lump sums, time charges and the new 'value-added' concept of fees. It highlights the fact that fees are a matter of calculation and negotiation based on the services to be provided, the procurement method, the programme and the cost, type and complexity of the project.
What are the benefits of using Nye Saunders LLP rather than going straight to a builder? +
Architects are trained to take your brief and can see the big picture
Architects look beyond your immediate requirements to design flexible buildings that will adapt with your changing needs.
Architects solve problems creatively
When they are involved at the earliest planning stage, they gain more opportunities to understand your requirements, develop creative solutions, and propose ways to reduce costs.
Architects can save you money by maximising your investment
A well-designed building can reduce your bills now and increase its long-term value.
Architects can manage your project from site selection to completion
In many building projects the role of the architect includes co-ordinating a team of specialist consultants such as landscape architects, engineers, quantity surveyors, interior designers, builders and subcontractors.
Architects can save you time
By managing and co-ordinating key project elements they allow you to focus on your organisation’s activities.
Architects can help your business
They create total environments, interior and exterior, which are pleasing and functional for the people who work and do business within them.
Are there any copyright issues? +
Generally by using an architect to design a building for you, the client has purchased the right to use that design on single property on the one site. The architect otherwise retain copyright over the design.
What sort of indemnity / warranty do I have? +
For the architect services you will have the benefit of our practice Professional Indemnity insurance policy cover. For the Building Works on new build there are the NHBC and Zurich insurance backed schemes. On works undertaken under the JCT range of contracts there will be a defects liability period usually 6 – 12 months, during which time 2.5% retention of project cost is held back pending completion of all outstanding snagging items identified during that period. Following on from this you would have contractual rights for probably 6 years although you would require legal advice if any subsequent defect occurred and required to be pursued. We also understand that there are various trade federation backed schemes which some builders may well be able to offer.
How far geographically do you work away from Godalming? +
Generally where site inspection required we would suggest we can provide an economic service in the South west London, Surrey, Hampshire and Sussex areas. Where there is no site role for us, we work throughout the country.
What are the Health & Safety Regulations? +
The 2007 Health & Safety CDM Regulations set out procedures to improve standards of safety in the industry. On non-domestic construction projects and on those other than very short term, a Health & Safety CDM Co-ordinator is required to be appointed by the client. The CDM Co-ordinator will develop a pre tender H&S Plan outlining project restrictions and identifying H&S risks to be considered. The CDM Co-ordinator will ensure that the H&S Plan is then satisfactorily developed by the contractor during the construction phase and eventually developed into a H&S File which is left as a project record. Nye Saunders can offer this service.
Do you supervise the building work? +
We would usually recommend that we carry out the full architect’s service and oversee the works on site and administer a building contract on your behalf. Architects rarely ‘supervise’ the work preferring the term ‘inspecting’ as this reflects the usual basis which involves an inspection at periodic intervals. This inspection would involve reviewing progress against programme, reviewing quality of workmanship and dealing with any queries which the contactor may have. If supervision is required, then a Clerk of Works can be appointed who will be permanently on site to inspect all work carried out. It is the contractor’s duty under the contract to supervise his own work.
Will I need planning consent? +
Planning consent is generally required where there is a change in the appearance, volume or use of buildings, such as an extension to a house, or a conversion of a house into flats. Planning consent can be one of the main hurdles to clear when thinking about making changes to your property and needs to be given consideration from the start.
On residential properties, it may be that your project can be carried out within what is known as ‘permitted development’. This is a concession under the planning acts to allow some works to be carried out without requiring planning consent. Permitted development rules were changed in October 2008 and whilst they may provide more scope for development than the previous legislation, the criteria are more complicated and it is our recommendation that a Certificate of Lawfulness is sought from the Local Authority to confirm that the proposed development does not require planning consent. This certificate can be an important document to have available when selling a property. Nye Saunders can assist with such applications.
Planning applications are handled by planning officers in the planning department of the Local Authority. For minor proposals the planning officers can approve an application under 'delegated powers' if there are no public objections to your proposals. Generally, the decisions are taken by a committee of local elected councillors based upon the recommendations of their planning officers.
It is usual for a planning application to take at least eight weeks to process and there is always the possibility that an application may be refused, in which case the time needed for amendments, negotiation and re-submissions can be even lengthier. A common misunderstanding is that because, for example, on other houses in the same area a similar proposal has been built, this will automatically mean that your proposal will be allowed. Planning policy changes over time and the existing examples may have been allowed under policies that have now changed.
If your proposals are refused you have a right of appeal to the DoE Planning Inspectorate. Many Local Authorities have a less than 50% success rate in defending their decisions at appeals and Nye Saunders have had much success as agents in such appeals and can assist in handling an appeal on your behalf, perhaps in conjunction with a specialist planning consultant.
Buildings of particular architectural interest are often 'listed' and have additional protection. Many pre 19c and even later residential buildings are listed which means that all alterations have to be approved under listed building consent. Making a listed building consent application is similar to making a planning application - but with a few differences. A specialist report on the proposed development will be prepared by a conservation officer within the Local Authority planning department and might be referred for comment to English Heritage or other amenity societies such as The Georgian Society etc. Nye Saunders have a specialism in dealing with Listed and other historic buildings and good relations with all the local conservation officers.
If your building is not listed you may however be within a 'conservation area'. This usually means that changes to the external appearance of your building will require conservation area consent and we can advise on this as well.
Architects fees generally reflect the time spent on the project and charging may either be on a time charge basis, a lump sum fee or a ‘traditional’ % fee based on the construction cost of the works. The latter method is useful where the exact extent of the proposal, (and therefore work required throughout a project), cannot be assessed before the architect has a full appointment – as is often the case. We are happy to quote lump sum fees once the full exact extent of the proposal is established and this may be after commissioning a few hours of work in developing a sketch scheme. It is always helpful to have an early measured survey of the property carried out and which we can carry out. For extensive surveys and where site levels are required, it may be more economic to employ a land surveyor and Nye Saunders can arrange this.
Where percentage fees are used, these may range from, for example, 8 – 15% of the cost of the works. The lower figures being on perhaps larger new build commercial projects to the higher on small scale intensive historic building alterations.
For the building works themselves, costing can be a very complex and involved process and many people would like to know the building cost before it is even designed. We can provide early guidance based on the RIBA/BCIS cost service which we subscribe to and which provides a cost estimate based upon typical floor area building costs for the building type. This is backed up by our extensive experience over many years and knowledge of current building tenders on similar projects.
We have an in house surveyor and suggest that very early in the design process a cost exercise is carried out to establish a more accurate indication of the likely eventual building cost. It is always helpful where the client has a specific budget to declare this so that we can be sure, as far as reasonable, that a design is developed with a realistic chance of tenders being obtained within that budget.
To control costs, a specification or schedule is developed in tandem with the detailed drawings and which sets out in detail the work to be carried out. This document is costed by the contractor and forms one of the contract documents. From this an assessment can readily be made of interim payments during the contract as work is completed. It also assists in agreeing the cost of any variations which will inevitably occur during the project.
On more complex or larger scale projects, it may well be advisable to appoint a Quantity Surveyor. This specialist surveyor has detailed knowledge of project costs and will assist us in developing a design in accordance with the budget. The Quantity Surveyor will prepare either a project pricing schedule or Bill of Quantities for the work which the contractor will cost. Again, from this information, the Quantity Surveyor can assess interim payments during the contract and agree the cost of any variations. The Quantity Surveyor also assists in agreeing the project final account and can be a useful client ally in keeping control of project finances.
Do you know any good builders? +
Nye Saunders have worked with numerous local builders and can make suggestions of contractors who may be appropriate for your project. You may also have some recommendations to add to a tender list agreed between architect and client.
When choosing a builder, a good starting point is to ask others who have recently had work carried out if there is anybody they can recommend. Once you have chosen some possible builders, contact them for a list of references and follow these up even if they came highly recommended. Nye Saunders can assist you in this selection process either by visiting other projects the builder has recently completed and checking out the workmanship, by meeting them with you or by following up the references for you.
A tender list should include builders with a similar reputation and expectation of quality of workmanship. Therefore with a full specification and a thorough set of detailed drawings sent out to tender, the factors to consider on receipt of tender returns should usually only relate to price, length of time required to carry out the work and availability to start the project.
To control the costs it is important to understand what factors tend to make costs vary and how to keep these controlled. The more details that you can confirm before work starts, the less opportunity there is for unforeseen extra costs at a later date. The choice of fittings often is the most influential issue to affect the cost of a building project. It is very easy to get carried away with choices of e.g. bathroom and kitchen fittings and the total of these can be considerably more significant than the materials in the basic building.
For large or complex projects, a standard form of building contract that requires a 'contract administrator' is the recommended route to follow (such as the JCT range of standard forms of contract). For many domestic projects however, some people regard this formal approach as rather excessive and simply resort to agreeing matters directly with the builder. If you follow this route, the drawings that Nye Saunders produce will help to define what it is the builder has agreed to build. It is important that before your chosen builder starts any work, you have a written agreement stating the work to be done, the price agreed and the timescale involved. There is a very simple standard form of contract agreement now available that has been specifically designed for such circumstances called ‘JCT building contract for a home owner/occupier', (it has gained the crystal mark from the plain English campaign), and which covers the important areas. Nye Saunders can obtain a copy for you if required.
And what about Building Regulations? +
Building regulations are distinct from planning consent and ensure that buildings are made to a minimum standard in many areas of Public Health e.g. structure, fire escape, drainage, ventilation, insulation. Building regulations are handled by building inspectors in the building control department of the local authority who inspect the built works on site. Unlike planning consent, there is no committee decision required and work can commence on submission of an application or service of an appropriate notice. Local Authority fees are charged on a DoE standard fee scale based on either the size of built proposal or an estimate of construction cost.
There are two ways to apply for approval under the building regulations: the 'full plans' method or the 'building notice' method. Local Authority fees for both methods are identical, although paid at differing stages. The 'building notice' method is the simplest and most appropriate for minor alterations or extensions to domestic properties and the LA fee is paid in full on serving notice. You may not need specific drawings for this and your builder may well be able to look after the process on your behalf while undertaking the works. To do this the builder simply completes a 'building notice form' and submits it to the building control department.
Once the work starts, the building control officer will visit the site and make arrangements with the builder to visit at specific points through the progress of the works to check that the works are up to the minimum standard that the regulations require. When the works are complete, the building control officer will give you a certificate to confirm that everything has been done satisfactorily.
A ‘full plans' application is more involved as it requires the submission of detailed drawings that show information e.g. fire escape routes, method of construction. The advantage however of this route is that most items of concern to the Building Inspector will be identified before the start of building work which reduces the risk of delays and any possible cost escalation on your project caused by possible changes by the Inspector to work being carried out on site. The LA fees for this method are paid 25% on submission of plans and the balance after the Inspector’s first site visit.