Standard Business Terms and Conditions

Acton & Co Building Consultancy

Regulated by RICS. Version: May 2026

These Standard Business Terms and Conditions form part of all appointments, instructions, quotations, proposals, surveys, inspections, reports and professional services undertaken by Acton & Co Building Consultancy (the “Consultant”) unless expressly varied in writing.

1. Definitions and Interpretation

“Appointment” means the agreement between the Client and the Consultant including any fee proposal, instruction, quotation, email acceptance and these Terms and Conditions.
“Client” means the person, company or organisation instructing the Consultant.
“Consultant” means Acton & Co Building Consultancy and any employee, consultant or subcontractor acting on its behalf.
“Services” means the professional services described within the Appointment.
“Project” means the property, development, asset or instruction relating to the Services.
“Additional Services” means any services outside the agreed scope or arising due to changes, delays, additional instructions or unforeseen circumstances.
“Report” includes any survey, schedule, specification, advice note, defect analysis, valuation commentary, photographic record, or other deliverable.

2. Basis of Appointment

The Client’s written acceptance of a fee proposal, email confirmation, verbal instruction to proceed, or payment of fees shall constitute acceptance of these Terms and Conditions.
These Terms shall apply to the exclusion of any other terms unless expressly agreed in writing.
The Consultant may rely upon information provided by the Client, agents, consultants, local authorities, contractors or third parties unless otherwise agreed.

3. Scope of Services

The Consultant shall exercise the reasonable skill, care and diligence expected of a competent Chartered Building Surveyor and Building Consultant undertaking services of a similar nature.
The Consultant does not warrant or guarantee any specific outcome, planning approval, project performance, contractor performance or property condition.
Services may include, where instructed: building surveys, defect diagnosis, schedules of condition, party wall matters, project management, contract administration, dilapidations, reinstatement cost assessments, planned maintenance advice, HHSRS assessments, specification writing, tender analysis, and general building consultancy services.
Unless specifically agreed, the Services do not include structural engineering design, invasive opening-up works, asbestos investigation, environmental investigation, fire engineering design, cladding certification, quantity surveying, legal advice, planning consultancy, mechanical or electrical engineering services.

4. Non-Intrusive Inspections and Hidden Defects

Inspections are visual and non-invasive unless expressly agreed otherwise.
The Consultant will not lift fitted floor coverings, open up structures, move heavy furniture, dismantle fixtures, remove finishes, or carry out destructive investigations unless specifically instructed.
The Consultant shall not be responsible for latent, concealed or inaccessible defects that could not reasonably be identified during a standard inspection.
The Client acknowledges that hidden defects may exist including rot, dampness, timber infestation, structural movement, asbestos-containing materials, defective services, or concealed water ingress.

5. Client Obligations

The Client shall provide safe and timely access to the property and all relevant information necessary for the Services.
The Client warrants that they have authority to instruct the Consultant.
The Client shall promptly provide decisions, approvals and information required for the performance of the Services.
The Client shall ensure that all premises are reasonably safe for inspection.

6. Fees and Payment

Fees shall be payable in accordance with the Consultant’s fee proposal or invoice.
Unless otherwise stated, invoices are payable within 14 days of the invoice date.
All fees are exclusive of VAT and disbursements.
Additional Services shall be charged on a time-cost basis.
The Consultant reserves the right to charge interest on overdue sums pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
The Consultant may suspend services where invoices remain unpaid.

7. Additional Services

Additional Services may arise due to variations in scope, unforeseen site conditions, extended negotiations, contractor defaults, redesign work, delays, additional meetings, tribunal attendance, expert witness work, or revised instructions.
The Consultant shall be entitled to reasonable additional fees and expenses for Additional Services.

8. Limitation of Liability

The Consultant’s aggregate liability arising from the Services shall be limited to the level of Professional Indemnity Insurance maintained by the Consultant at the date the claim arises.
The Consultant shall not be liable for indirect or consequential losses including loss of profit, financing costs, business interruption or diminution in value.
No claim may be brought against the Consultant more than six years after completion of the Services or issue of the relevant Report.
The Consultant shall not be liable for contractor workmanship, contractor insolvency, material failures, hidden defects, or defects arising after inspection.
Nothing within these Terms excludes liability for death or personal injury arising from negligence, fraud, or any liability which cannot lawfully be excluded.

9. Reliance and Third Parties

Reports and advice are prepared solely for the named Client.
No third party may rely upon any Report or advice without the Consultant’s prior written consent.
The Consultant accepts no responsibility to lenders, purchasers, tenants, insurers, contractors or other third parties unless expressly agreed.

10. Copyright and Intellectual Property

Copyright in all Reports, drawings, schedules, specifications, photographs, templates and documents remains vested in the Consultant.
The Client is granted a non-exclusive licence to use the documents solely for the Project for which they were prepared.
Documents shall not be altered, reused, reproduced or relied upon for other projects without written consent.

11. Artificial Intelligence and Automated Processing

The Client shall not upload, scrape, train, process or analyse the Consultant’s Reports or documents using artificial intelligence systems or automated processing tools without prior written consent.
The Consultant accepts no liability for altered, summarised or machine-generated interpretations of Reports.

12. Health and Safety

The Consultant shall have regard to applicable health and safety legislation including the Construction (Design and Management) Regulations 2015 where relevant.
Unless expressly agreed, the Consultant shall not assume the role of Principal Designer or Principal Contractor.

13. Contractor and Third-Party Performance

The Consultant shall not be responsible for the acts, omissions, workmanship, delays, insolvency or defaults of contractors, subcontractors, suppliers or other third parties.
Site inspections do not constitute continuous supervision or quality control of the works.

14. Insurance

The Consultant shall maintain Professional Indemnity Insurance at commercially reasonable levels.
Evidence of insurance may be provided upon reasonable written request.

15. Confidentiality and Data Protection

Both parties shall keep confidential any commercially sensitive or personal information obtained during the Appointment.
The Consultant shall process personal data in accordance with applicable UK data protection legislation.

16. Suspension and Termination

Either party may terminate the Appointment by written notice.
The Consultant may terminate immediately where invoices remain unpaid, instructions become unlawful, or the relationship becomes abusive or unsafe.
Upon termination, the Client shall pay all fees and expenses incurred up to the termination date.

17. Complaints Procedure

The Consultant operates an internal complaints handling procedure available upon request.
Nothing within these Terms affects any statutory rights available to consumers.

18. Consumer Contracts

Where the Client is acting as a consumer, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall apply.
Consumers may have a statutory 14-day cancellation period.
If the Client requests commencement of Services during the cancellation period, the Client shall remain liable for fees relating to work undertaken before cancellation.

19. Force Majeure

The Consultant shall not be liable for delays or failures arising from events beyond reasonable control including adverse weather, strikes, power outages, pandemics, acts of terrorism, governmental action or utility failures.

20. Dispute Resolution

The parties shall attempt to resolve disputes amicably in good faith.
Either party may refer disputes to adjudication, mediation or the courts of England and Wales.

21. Governing Law

These Terms and Conditions shall be governed by the laws of England and Wales.
The Courts of England and Wales shall have exclusive jurisdiction.

22. Assignment

Neither party may assign rights or obligations under the Appointment without prior written consent.
The Client shall not transfer or distribute Reports without written consent.

Housing Health and Safety Rating System (HHSRS)

Where instructed, HHSRS assessments shall be undertaken in accordance with the Housing Act 2004 and associated guidance.
HHSRS assessments represent professional opinion only and do not constitute statutory certification.
The Consultant has no statutory enforcement powers.

23. Complaints

The Consultant operates a complaints handling procedure available upon request.
Complaints should be raised promptly to allow investigation.

24. Disputes

The parties shall attempt to resolve disputes amicably.
Either party may refer disputes to adjudication or the Courts of England and Wales.

25. Method of Issuing Reports

Reports and deliverables may be issued electronically in PDF format via email or secure digital transfer.
Electronic PDF versions shall constitute the original issued document.
The Consultant accepts no responsibility for amendments or corruption occurring after issue.

Acton & Co (Acton Surveyors Ltd), 1A Saddington Street, Gravesend DA12 1ED.