Terms and Conditions
Terms and Conditions
1. Service & Obligations
1.1 The function of Active BCS, referred to in these terms as “Active BCS”, is that of a Registered Building Control Approver, as defined within the Building Act 1984, the Building Safety Act 2022, and the Building (Registered Building Control Approvers etc.) (England) Regulations 2024.
Active BCS will carry out its building control functions with integrity, adequate resources, professional skill, care and diligence, and in accordance with the relevant professional conduct rules and operational standards applicable to Registered Building Control Approvers.
1.2 On receipt of a signed Project Information Sheet, quotation acceptance, application form or written instruction, Active BCS may submit the Initial Notice to the relevant Local Authority, where required by the Building (Registered Building Control Approvers etc.) (England) Regulations 2024.
Acceptance of these terms and conditions authorises Active BCS to sign and submit relevant statutory documents on behalf of the Client where required.
1.3 Active BCS may request plans, specifications, calculations, certificates, dutyholder information, commencement information and any other relevant documentation required to assess likely compliance with the Building Regulations.
1.4 Active BCS may review submitted plans and information for likely compliance with the Building Regulations and may issue comments, observations or requests for further information to the Client, Agent, Principal Designer, Principal Contractor or other relevant dutyholder.
1.5 Where required under the relevant regulations, Active BCS will consult with the Fire and Rescue Authority, Sewerage Undertaker, Local Authority or any other statutory consultee as applicable to the project.
1.6 Where the work involves commercial premises, flats, common areas, or other buildings subject to fire safety requirements, the relevant dutyholders remain responsible for ensuring that appropriate fire safety information, strategies, risk assessments and handover information are provided in accordance with applicable legislation.
1.7 Active BCS will undertake site inspections in line with the project’s inspection notification framework and risk-based assessment. Active BCS reserves the right to request notification at additional stages where necessary.
1.8 Where appropriate, Active BCS may undertake remote inspections using photographs, video calls, electronic evidence or other suitable digital methods. Active BCS reserves the right to require a physical site inspection where remote evidence is insufficient.
1.9 Unless stated otherwise in the quotation, the fee does not include third-party assessments, specialist reviews or consultancy input, including but not limited to structural calculations, fire engineering reviews, CFD analysis, acoustic testing, air testing or other technical assessments.
1.10 Active BCS may request certificates, commissioning records, test results, inspection photographs, installation certificates or other evidence to support its assessment of likely compliance.
1.11 Active BCS will issue a Final Certificate only when it is satisfied, so far as is reasonably ascertainable, that the works appear to comply with the relevant Building Regulations and that all required information, declarations and certificates have been provided.
1.12 Active BCS will submit the necessary statutory notices and certificates to the relevant Local Authority where required.
1.13 Active BCS does not supervise contractors or subcontractors and is not responsible for the workmanship, performance, sequencing, management or quality control of any contractor, subcontractor, designer, consultant or other party involved in the project.
2. Client Responsibilities
2.1 The Client shall pay Active BCS for the agreed services and for any additional work carried out in accordance with these terms and conditions.
2.2 The Client is responsible for the design, construction, management and delivery of the project.
2.3 The Client is responsible for obtaining and complying with all necessary permissions, permits, licences, approvals and consents, unless otherwise agreed in writing.
2.4 The Client must ensure that all necessary plans, drawings, specifications, structural information, fire safety information and supporting documents are provided to Active BCS in a timely manner.
2.5 The Client must provide safe access to the site at all reasonable times to allow Active BCS to carry out inspections.
2.6 The Client must ensure that Active BCS is notified at the required inspection stages before works are covered up or progressed beyond the relevant stage.
2.7 The Client must notify Active BCS before works commence on site so that the inspection regime can be implemented.
2.8 The Client must notify Active BCS in writing when the work has commenced and when the work is deemed to have commenced under the relevant regulations.
2.9 The Client and relevant dutyholders must ensure that all completion declarations are provided before a Final Certificate can be issued.
2.10 For new dwellings or dwellings created by a material change of use, the Client is responsible for providing SAP calculations, EPCs and any associated energy performance evidence where required.
2.11 For new commercial buildings, the Client is responsible for providing SBEM calculations and any associated energy performance information where required.
2.12 Where works are carried out by a Competent Person Scheme installer, the Client must provide relevant certificates, registration details or evidence of competence, such as Gas Safe, NICEIC, NAPIT, OFTEC or other relevant certification.
2.13 Where certification or evidence is not provided, Active BCS may require additional inspections, testing, third-party assessment or supporting information. Additional fees may apply.
2.14 The Client must notify Active BCS of any changes to the project scope, dutyholders, design, construction method, site conditions or any matter that may affect Building Regulations compliance.
3. Cancellation of Initial Notice and Termination
3.1 Active BCS may cancel the Initial Notice or terminate its appointment where it is prevented from carrying out its statutory building control functions.
3.2 Active BCS may terminate the contract where the Client, Agent, Designer, Principal Designer, Contractor, Principal Contractor or other dutyholder is in material breach of their obligations and fails to remedy that breach within a reasonable period after notice has been given.
3.3 Active BCS may cancel the Initial Notice where a formal contravention has not been resolved within the prescribed period.
3.4 Active BCS may cancel the Initial Notice or suspend services where access to the site is unsafe, restricted or deliberately withheld.
3.5 Active BCS may suspend services where requested information, certificates, declarations or evidence are not provided within a reasonable timeframe.
3.6 Active BCS may cancel the Initial Notice where it reasonably believes that it will not be able to issue a Final Certificate.
3.7 Non-payment of fees may result in services being suspended. This may prevent plans from being assessed, inspections from being carried out and the Final Certificate from being issued.
3.8 The Client may terminate the contract where Active BCS is in material breach of its obligations and has failed to remedy that breach within a reasonable period after written notice has been given.
3.9 Where the Initial Notice is cancelled at the request of the Client, Agent or person carrying out the work, Active BCS reserves the right to charge an administration fee.
3.10 Where works have already commenced, Active BCS reserves the right to charge for inspections, administration time and any work already undertaken before cancellation.
3.11 Where the Initial Notice is cancelled due to unresolved non-compliance, no refund shall be due for services already provided.
4. Professional Indemnity Insurance
4.1 Active BCS will maintain appropriate professional indemnity insurance and public liability insurance where available on commercially reasonable terms.
4.2 Active BCS will provide evidence of insurance upon reasonable request by a contracted party.
4.3 Active BCS will inform the Client if relevant insurance ceases to be valid or materially changes in a way that affects the service.
5. Local Acts and Other Approvals
5.1 Active BCS does not enforce Local Acts unless specifically required under its statutory building control function.
5.2 Where a separate application is required to another authority or enforcing body, the Client remains responsible for submitting that application and paying any related fees.
5.3 Active BCS may assist with discussions or coordination where appropriate, subject to agreement and any additional fees.
6. Construction Design and Management Regulations
6.1 Active BCS is not a dutyholder under the Construction (Design and Management) Regulations 2015.
6.2 Active BCS does not act as Principal Designer, Principal Contractor, CDM Advisor, Project Manager, Contract Administrator or Clerk of Works.
6.3 The Client should seek advice from a suitably competent CDM professional where required.
6.4 The dutyholder roles under the Building Regulations and the CDM Regulations may appear similar, but they are separate legal responsibilities.
7. Terms of Payment
7.1 All applications must state the person, company or organisation responsible for payment, including invoice address, email address and contact telephone number.
7.2 Where an application is submitted by an Agent on behalf of a Client, the Agent must ensure that the Client is fully aware of the fees and payment terms.
7.3 Invoices are due for payment within 30 days of the invoice date unless otherwise agreed in writing.
7.4 All fees will be invoiced in accordance with the quotation or written fee agreement.
7.5 Unless otherwise stated, fees are exclusive of VAT.
7.6 Where payment is staged, inspection fees may be invoiced following the first site inspection unless otherwise agreed.
7.7 Where a project has not commenced on site within 12 months of the Initial Notice, Active BCS reserves the right to review and increase the inspection fee.
7.8 Where a project has not commenced within the statutory period, the Initial Notice may cease to have effect and a new submission may be required.
7.9 Non-payment may result in the suspension of services. Any work carried out while services are suspended is undertaken at the Client’s own risk.
7.10 All fees must be paid in full before a Final Certificate is issued.
7.11 Where a project is abandoned, Active BCS may remain entitled to the agreed fee for work already undertaken.
7.12 Where the scope, design, size, complexity, use or programme of the project changes, Active BCS may charge additional fees.
7.13 Additional fees may apply for repeated inspections, abortive visits, additional plan checking, amendments, consultations, additional correspondence, disputes or work outside the agreed scope.
7.14 Active BCS reserves the right to charge reasonable fees for additional services, inspections, administration and third-party assessment costs.
8. Copyright
8.1 Copyright in documents, reports, forms, inspection records, templates, correspondence and other material prepared by Active BCS shall remain the property of Active BCS unless otherwise agreed in writing.
8.2 The Client may use documents issued by Active BCS only for the project for which they were prepared.
8.3 Active BCS is not responsible for any use of its documents for any purpose other than the project to which they relate.
9. Information Sharing and Data
9.1 Active BCS may share relevant project information, inspection records, certification or correspondence with Local Authorities, statutory consultees, warranty providers, regulators or other relevant parties where required for the proper performance of its building control functions.
9.2 Active BCS will process personal data only for legitimate project, contractual, regulatory and legal purposes.
9.3 Where the Client does not wish information to be shared with a particular third party, the Client must notify Active BCS in writing. This will not prevent Active BCS from sharing information where required by law, regulation or statutory function.
10. Complaints
10.1 If the Client is dissatisfied with the service provided by Active BCS, they may request access to Active BCS’s complaints handling procedure.
10.2 Complaints may be submitted in writing to Active BCS
Email: info@activebcs.co.uk
10.3 Active BCS will review complaints in accordance with its complaints procedure and applicable regulatory obligations.
10.4 Where appropriate, the parties should consider whether a dispute can be resolved through discussion, mediation or another suitable dispute resolution process.
11. The Role of Building Control
Building Control acts as an independent third-party check. Active BCS is required to take reasonable steps, within the limits of professional skill and care, to assess whether the work within the scope of a valid Initial Notice is likely to comply with the applicable Building Regulations.
Building Control does not:
provide quality control of the works;
act as a Clerk of Works;
monitor every stage of the construction process;
manage contractors or subcontractors;
provide aesthetic or finish-quality assessments;
offer contractual protection between the Client and the contractor;
guarantee compliance with the Building Regulations;
remove the legal responsibility of the Client, Principal Designer, Principal Contractor or other dutyholders to achieve compliance.
12. Liability
12.1 The liability of Active BCS shall be limited to such sum as is just and equitable, having regard to the extent of Active BCS’s responsibility for the loss or damage suffered.
12.2 Active BCS shall not be responsible for loss or damage caused by the acts, omissions, negligence, breach of duty or failure of any Client, dutyholder, contractor, subcontractor, consultant, designer, installer or other third party.
12.3 Active BCS’s liability shall be limited to the amount recoverable under its professional indemnity insurance policy, subject to the terms, conditions, exclusions and limits of that policy.
12.4 Active BCS shall not be liable for indirect loss, consequential loss, loss of profit, loss of business, loss of income, loss of opportunity, loss of goodwill or any similar economic loss.
12.5 Nothing in these terms shall exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
12.6 No claim shall be brought against any individual employee, director, inspector, consultant or representative of Active BCS personally in connection with services provided under this agreement.
13. Contact
For any questions regarding these Terms and Conditions, please contact:
Active BCS
Email: info@activebcs.co.uk
Website: www.activebcs.co.uk
Get in Touch
Phone: 01217942109
Mobile: 07470000885
Email: info@activebcs.co.uk
Address:
146 the CIBA Building, Suite 203 N 2nd floor, Hagley Road, Birmingham B16 9NX, UK.
© 2026. All rights reserved to Active BCS.
Forms and Procedures
Company Number 16519824