Architecture Company: Construction Laws and Business Code of Conduct

T.A.A.Z Architects

TABLE OF CONTENTS – OVERALL

Individual Task

Table of Contents          2

Question 1           4

Question 2           13

Question 3           20

Question 4           26

Bibliography           28

Peer Assessment           28

Group Task 1

Table of Contents          2

List of Figures and Tables         3

Question 1           4

Question 2           13

Question 3           20

Question 4           26

Bibliography           28

Group Task 2

Table of Contents          2

List of Figures and Tables         3

Question 1           4

Question 2           13

Question 3           20

Question 4           26

Bibliography           28

Appendices           30

Figure 1: T.A.A.Z Architects logo

Definition of logo design

The logo was created on the 29^th November 2018. The T.A signifies as “TA” as rice in Japanese, which represents as wealth and prosperous to the company. The upwards flow of A to T shows the adaptability of the group as all of us comes from different cultural background. The black representation of the fonts signifies as power, sophistication as Architects and targets high end audience like clients.

TABLE OF CONTENTS – INDIVIDUAL TASK

Table of Contents          2

Question 1           4

Question 2           13

Question 3           20

Question 4           26

Bibliography           28

QUESTION 1

ARB Code of Conduct: Standard 2 – Competence

“The Standard 2 of ARB Code of Conduct administrate the professions’ affirmation to the public that registered Architects and in practice must accomplish their work with appropriate skills and knowledge. Architects has to ensure that they are competent to practise, which indicates that they are expected to enhance their knowledge and skills relevant to professional work up to date. This standard reflects the policy of most professions which requires ARB members to commence in continuing professional development work. It is essentially important that architects have respect to this standard and do not take on attractive commissions from the client as they do not have the expertise to deliver. The Architect is also responsible in certifying the necessary competence to carry out the allocated work by ensuring that the project is properly supervised, even when the work is done by others. Architects are expected to be skilled in local knowledge and communication skills. This is important to ARB registered Architects who are practising or undertaking any projects outside of United Kingdom or any registered architects who are qualified outside of United Kingdom as the ARB code still applied to them. Failure of maintaining professional competence could count against an architect in the event of that competence having to be investigated. Architects who are sole practitioners or owns any larger practices should always have preparations in place to conduct their business in the occasion of incapacity or absence from or inability to work and ensuring there is a smooth handover of projects in their absence.”

(250 words)

QUESTION 2

In no more than 8 bullet points, summarise the opportunities and risks involved.

Opportunities

1. Protection of personal assets.

• Directors usually not personally liable for the debts of the company. The company will not dissolve if the owner director decides to leave as there are no complex legal procedure involved.

2. Liability Protection

• Both LLC and LLP helps owners limit their liability. The owner may lose the invested money, but their personal assets are not at risk, members will remain personally responsible for their own wrongful actions.

3. Foreign participation

• Foreign nationals can invest in Limited Liability Company – Oasis through automatic approval route and be internationally recognise to enhance marketing opportunities.

4. Ownership Transferability

• The ownership is transferable in LLP and LLC. Both have continuous existence, independent partners or shareholders which presents continuously until they are dissolved.

5. Pass-Through Federal Taxation

• LLC has a clear established and recognisable taxation position. It has a pass-through entity, where profits goes directly to members without being taxed by the government on the company level.

6. Flexibility in structure and management on profits

• LLC can be managed by members. It has an operating agreement that specifies a management structure, responsibilities of members, decisions made, and any profit or losses will be distributed evenly.

Risk

1. Registration and Record Keeping

• LLC has strict requirements in record keeping and to hold meetings. It is also obligated by state requirements and is essential to maintain a separation from the members’ personal affairs.

2. Regulatory / Statutory Compliances

• LLC has to file an extensive list of regulatory compliances and it is compulsory to be conducted by an auditor. It has to be audited once the shared capital exceeds £50,000.

QUESTION 3

The client has asked for each consultants’ views and advice on this proposed change. In the box below capture the key issues and advice that you think you should communicate back to the client.

The “design and build” (D+B) procurement route will enable the General Practice project to be solely responsible by the main contractor. The contractor controls the design and construction process, therefore the lump sum contract price of construction can be establish easily which is required by Dr Derek Dunn for early cost certainty to avoid any project delays and cost overruns. Time is essential to a construction project, the main contractor will reduce overall project duration in comparing to the traditional procurement route, providing that the planning permission took longer than anticipated. However, the D+B can be concomitantly in progress unlike the traditional procurement which is consecutive and takes a longer overall project time. Since the client has not come up with the overall budget, shortening of project time will also reduce the overall business downtime to prepare the Employer’s Requirements package, which is also time and cost saving of project compared to the traditional procurement route.

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The process of traditional procurement is subsequent where there is no concurrency. During preparation stage, Anjali has to prepare the design brief and development. The actual construction stage will begin once the tender is completed, causing the pre-construction stage to be lengthy. The design risk is bared by Dr Derek Dunn as the main priority should be given for rapid construction which enables the general practice to be opened at a specified date.

D+B will be an appropriate procurement route for this project as it shortens the time frame with priority on cost certainty. The design brief should be well prepared to ensure it meets the client’s requirements. Since Medical Practice is under commercial projects, time and cost is essential as the timing from the start date on site to the completion of phase 1 takes approximately one year.

(296 words)

QUESTION 4

1. Given an example of how works to one of our projects which is situated very close to a boundary might trespass upon a neighbour’s airspace. What could the neighbouring landowner do about this invasion?

Trespass is an unlawful presence of a person on land in possession of another. As T.A.A.Z Architects’ project might trespass upon a neighbour’s airspace, the neighbouring landowner can discuss about the problem and take some legal advice. However, if a contractor decides to erect a crane without permission, the neighbouring landowner has two key remedies available. Firstly, to obtain an injunction. An injection is useful as it requires the trespasser to stop the trespass. The landowner shall seek for payment of a license fee through court proceedings. However, an injunction is awarded at the discretion of the court, and they may make award damages instead. Therefore, the neighbouring landowner has to seek injunction as soon as possible to avoid any delays in application. Secondly, the landowner can advise T.A.A.Z Architects to ensure that the hired building contractor applies an appropriate license to be able to use a crane over the landowner’s land. However, the landowners shall not assume and come up with any price they want a hold the contractor to ransom. T.A.A.Z Architects should also specify the duration applied on the license and regulate the issues such as the times of cranes might trespass the landowner airspace and the overall height that the crane is permitted to be while oversailling. Any damages for trespass will be assessed by the court in terms of loss of claimant. The neighbouring landowner should also require an indemnity against any aggravated damages caused by the crane, as it may provide for reimbursement of the landowners legal costs of obtaining the license.

2. Using trees as an example (either providing or removing them) demonstrate how the law of nuisance should be considered when developing land.

A nuisance may be caused by one person’s interference with his neighbour’s use and enjoyment of land. Interference will sometimes result in tangible damage, but equally nuisance may involve interference with a neighbour’s rights to have a quiet and comfortable enjoyment of his land. T.A.A.Z Architects may consider bringing an action for private nuisance. Private nuisance involves interference with the claimant’s enjoyment of their land, usually by encroachment onto land by trees and the causing of actual physical damage to their property. However, trees can cause a legal nuisance (damage) in some circumstances – trees. In such cases affected party may be entitled to claim damages for harm caused and the Courts may make an order (injunction) restraining a tree owner from allowing further nuisance. Roots crossing a boundary are a nuisance and may be cut back to the boundary in the same way as branches. A tree owner may have a claim against his neighbour if the tree dies or falls over as a result of such action. A neighbour may seek recompense for the damage caused and a Court injunction restraining the owner from allowing root trespass. However, in considering liability, damages may only be awarded if it can be shown that the tree owner was negligent, that is, that the damage was reasonably foreseeable and the tree owner should have taken preventative action. Although damages are the most common remedy in case of private nuisance it may also be possible to obtain an injunction to abate, ordering your neighbour to stop, remove or restrict a nuisance. For nuisance to be actionable, there must be actual damage, although this damage need not be physical, and demonstrated by encroachment.

3. Using the Medical Practice as an example explain a situation in which Anjali could be found negligent through either her actions or inaction on this project.

The key breaches in the architect’s – Anjali duty to reasonable care and skill in her professional performance:

• Failure to establish an overall fixed construction budget with Dr Derek Dunn.

Anjali has not disclosed any fixed construction budget before agreeing to the General Practice Project. As Dr Derek Dunn is indecisive on whether to refurbish or demolish the current building, Anjali should recognise the relevant regulations to meet the intended budget for the project. However, Anjali should be aware that the NHS funding will only be able to grant the funding from 21^st January 2019 to 1^st September 2020, which might result in extension of time to the construction, providing the fact that the GP practice has already achieve planning permission. 

• Insufficient experience in medical sector and lack of project leadership.

Anjali has majority of experience in Education sector. She might provide incorrect advice to Dr Derek Dunn as both client and her has lack of experience in medical construction project. Due to lack of project leadership, Anjali might rely on Lenka to monitor and assess overall client programmes and cost plans which causes disorganisation to the project, possibility delay of work.

4. Please identify one other term you do or have found confusing and define it for the benefit of others in your practice.

Easements are rights which benefits one piece of land and burdens another. It is attached to a land instead to a person and considered to last in perpetuity.

Example of easements includes:

• Right of support
• Right of light
• Right of way (private)
• Right to park in a defined space
• Right to lay pipes

Easement has a diverse grouping of rights which can be distinguished in many ways such as;

• Agreement between parties in the form of a deed.
• Easement must benefit dominant land.
• Two pieces of land – dominant and servient, both owned by two different people.
• The right must be specific.

“A ‘deed of easement’ is a signed, legal document that grants the right to use another person’s land for a specifically stated purpose. The right to do something on your own land which would otherwise amount to a private nuisance can be an easement, for example, acts that give rise to noise.” An easement can also be formed by express grant through transfer or conveyance deed. Necessity of easement is if there is only one access between a site and public highway.

QUESTION 5

1. Your answer to the traditional scenario.

With traditional procurement, the role of contract administrator (Anjali) will vary depending on the particular form used. She is entitled to issue instructions, and required to act in a fair and reasonable manner where impartial judgement is required by the Building Contract. The client first appoints an architect led consultant team (T.A.A.Z Architects) to design the project in detail and then prepare for tender documentation, which includes work schedules, bills of quantities, and drawings. Contractors are then invited to submit tenders for the construction of the project, normally on a single-stage. Since the client wants changes to construction immediately, the contractor have no responsibility for any design other than temporary works. The client is able to retain the design consultants (Anjali and Lenka) to prepare any additional design information that is required during construction phase. Since the contractor has begun the works, the client should be certain about design quality and cost which was developed before tender phase, and as the contractor is appointed once the design is complete, they will not be able to improve the build ability. Anjali must administrate the contract promptly and impartially as any design required by the client or contractor must be included within contract terms before starting any construction. However, if the design information is incomplete at tender, or if there is any significant variations required after the contractor has been appointed, the cost to the client can be significant. The contractor appointed under a lump-sum construction contract includes penalties for late completion.

(250 words)

2. How would Marco’s actions / situation differ if the project were being procured under a design and building contract?

With design and build procurement, there is normally no role for an impartial contract administrator with design and build procurement. Anjali will therefore have no direct involvement in contract administration. The main contractor is appointed to design and construct the works. Design and build can be seen as a single point of responsibility for delivering the project design and construction, either in single or two-stage tender process. The contractor appoints Anjali for design who has no functional link to the client, however, client may retain her as an advisor. The issue of liability is once the contractor is on board, the architects’ terms of appointment are novated over the contractor as if Anjali had been working for the client from the start – referring as ‘true’ novation. The more detailed the client’s requirements, the less contractor design required, as any variation comes at a cost to client.

(146 words) 

QUESTION 6:

1. Does Doug have a contract in place or not? Why?

Yes. Dough has accepted an unqualified acceptance as a contract with Mrs Francis. Although Mrs Francis has declined his offer (£1800), yet Dough has agreed to start the work after accepting the £1200 project offered by Mrs Francis as he urgently needs the money.

(44 words)

2. Bullet point your top three issues / concerns for discussion with Doug.

• Valuation of variations
• Accepting a Fixed price construction contract
• Agreeing to a non-disclosure agreement with client
• Source of conflict on work
• Extension of time (EoT) in construction contracts

3. In no more than 200 words total for discussion of all three, expand upon those bullet points with what Dough should do now and what he should put in place for future projects.

The valuation of variations may cause impact on the expenses due to substantial changes of design by Mrs Francis. Variations may constitute relevant events that can merit an extension of time and adjustment to the completion date. Dough can assess into compensation events, he can reimburse Mrs Francis his forecast additional cost (or actual cost since the work has already been done).

As Dough has been disorganised with his business, conflict can arise when work is not mentioned in the bills of quantities. If Dough omits work from Mrs Francis scope, the work omitted must be omitted from the contract entirely. Since Dough has agreed to a non-disclosure agreement without disclosing any confidential information, he may not be empowered to claim cost plus on variations. He should take provisions for this in the contract price as the client is not bound to pay for things to be done omitted from the bills of quantities.

Similarly, Dough has agreed to a lump sum contract, he then realises that the actual cost of works has exceeded £1200, he must bear the additional expense above the guaranteed maximum price. The contract should contain provision for the client/architect to issue instructions to vary the design.

(201 words)

BIBLIOGRAPHY – INDIVIDUAL TASK

Book

Speaight, Anthony. (2010). Architecture Legal Handbook- The Law for Architects, Ninth Edition, and Professional Conduct of Architect, Standard 2: Competence. Page 376

Cox and Hamilton. (1991). Architect’s Handbook of Practice Management. RIBA Publications – 2nd Edition. Part E: Risk

Cross, Steven. (2017). Handbook of Practice Management. RIBA Publications, Ninth Edition.

Cross, Steven. (2017). RIBA Job Book Procurement, Ninth Edition, Stage 5: Construction. Page 227

RIBA Chartered Practice (2017) Accreditation Criteria and Standards, Standards and Enforcement Procedures: Accreditation Criteria and Standards. Page 2-3

Online Articles

UK Essays, (2018). Procurement Issues in Construction

Available at:

https://www.ukessays.com/essays/construction/analysis-of-the-key-procurement-issues-construction-essay.php

ARB Architects. (2017). Architects Code: Standards of Professional Conduct and Practice, Page 3

Available at:

http://www.arb.org.uk/wp-content/uploads/2016/05/Architects-Code-2017.pdf

Martin Dobson and Derek, (1997). Patch Trees and Hedges in Dispute, Trees in Dispute, Arboriculture Practice Note No.3

Available at:

https://www.trees.org.uk/Trees.org.uk/files/19/19efe78e-aadb-4465-9377-e978626957f6.pdf

Loveday and Sheridan. (2018). TANFIELD, Trespass

Available at:

https://www.tanfieldchambers.co.uk/resources/articles/can-a-developer-oversail-my-property-with-a-tower-crane

Haskins, (2016). Legalzoom. Advantages and Disadvantages of LLC vs. LLP

Available at:

https://www.legalzoom.com/articles/advantages-and-disadvantages-of-llc-vs-llp

Online References

Architects Registration Board, Maintaining Competence

Available at:

http://www.arb.org.uk/architect-information/maintaining-registration/maintaining-competence/

Sheth Shrijay, (2017). What are the Pro’s & Con’s of converting my partnership firm into Pvt Ltd Co or an LLP?

Available at:

https://www.quora.com/What-are-the-Pros-Cons-of-converting-my-partnership-firm-into-Pvt-Ltd-Co-or-an-LLP

Designing Buildings Wiki. (August 2018). Traditional contract for construction

Available at:

https://www.designingbuildings.co.uk/wiki/Traditional_contract_for_construction

Designing Buildings Wiki. (December 2018). Design and build procurement route

Available at:

https://www.designingbuildings.co.uk/wiki/Design_and_build_procurement_route

Designing Buildings Wiki. (September 2018). Variations in construction contracts

Available at:

https://www.designingbuildings.co.uk/wiki/Variations_in_construction_contracts

Designing Buildings Wiki. (August 2018). Fixed price construction contract

Available at:

https://www.designingbuildings.co.uk/wiki/Fixed_price_construction_contract

Designing Buildings Wiki. (December 2017). Deed of easement

Available at:

https://www.designingbuildings.co.uk/wiki/Deed_of_easement

Leicester School of Architecture. MArch. Arch3414. Practice Management and Law. 2017-18

peer assessment

QUESTION 2:

a. The Issues which the practice needs to consider

1. Getting Started – Financial risk

• One of the most crucial matters to consider when establishing a firm is how much money T.A.A.Z Architects would need to get started. Business expenses tend to run high especially when you’re in the start-up phase and with a potential client list that is probably got only two names.
• The company start-up cost would depend a lot on what your needs are initially, what you are willing to do without for the moment, and what tasks you can do yourself.

• Are you and your partners doing all the work for now, or do you intend to employ a staff or two?

• How the company intend to proceed would also answer the question of how many financial resources you should prepare. For instance, establishing an upscale, polished image for the firm at the outset would work well with the type of clientele               T.A.A.Z Architects are trying to attract. Generally, many design companies have succeeded by starting small, going the do-it-yourself route while keeping a tight lid on spending for the first year.

2.  Attracting and Retaining Talent

• When T.A.A.Z Architecture firm has grown enough to merit hiring more people, the company has to bear in mind that a business can only become as good as its best employees. Anjali and the founder of the firm could have the combined talent that could bring more customers in, but eventually the works have to be delegated to other team members of the firm.
• It is important to know who you welcome into the firm as it is not about the skills that they offer, but also their passion for the work they do, to also fit into T.A.A.Z Architects Company’s vision.
• T.A.A.Z Architects has to focus on the element to make good employees stay. A great culture can stem from putting some trust into the employees. This means having the team contributing to design process too, allowing them some autonomy and chance to tap into their own creativity.

3. Setting up Goals and Management Structure

• T.A.A.Z Architects should be aware of the importance of having a clear vision in the perspective of starting a design firm by determining short and long-term goals.

• How small you would like to start and how large you would like to grow in the future?
• What type of work and projects would you like to take on?

• T.A.A.Z Architects should develop a management criterion. This is to ensure the management structure is suitable for the working environment of the organization and aimed towards the success of the firm.
• Setting a clear company strategy and having all team members align its individual goals helps to minimize organisational problems. This is to enable agility, where the team has to interact and set a good communication to avoid lack of structure or an inflexible structure that can impede the work force from performing good results.

4. Insolvency of Professional Indemnity Insurance (PII) policy

It is important that the company’s commitments are not met by having an insurance in place. To avoid any risk to the company’s insurers refusing to cover a claim, it is essential to inform them as soon as possible. The nature of PII is the cover is provided on a claims-made basis, this is ensure T.A.A.Z Architects place adequate “run-off” cover when the practice is ceased, whether it is due to retirement or closure of practice. It is important to have a minimum six years’ worth of run of cover and monitor any risk that has been claimed being made against the company. T.A.A.Z Architects should be careful in completing any proposal forms while setting up a practice to avoid any invalidation of policy.

5. Resource availability and Visibility over projects

T.A.A.Z might not have the ability to see the overall organisation as a while when it comes to managing larger projects. It may require input from people who works on other project, thus is not easy to lend a hand to a project team, which relies large on manual coordination.

2. The Ways in which a New Practise Could Be Set Up

These are the ways to set up a new practice to develop into a successful business;

1.  Forms of Practice

• Sole Trader/principal/practitioner

• “A sole trader is an individual who establishes their own business in which responsibility for the running and operation of the business is theirs alone.
• The individual may employ others but they remain the sole owner of the business.”

• Partnership

• “A partnership is a business arrangement in which two or more people own the business, have invested in it, and share the profits and liabilities.
• It differs from a corporation in that it is not considered a separate entity from the individual owners.”

• Limited Liability Company (LLC)

• “LLC is a corporate structure whereby the members of the company are not personally liable for the company’s debts or liabilities.
• LLC are hybrid entities that combine the characteristics of a corporation and a partnership or sole proprietorship.”

• Limited Liability Partnership (LLP)

• “LLP is a great alternate structure for any business that currently operates as a traditional partnership with a small and consistent number of members who each make comparable contributions and draw similar profits.”

• Private Limited Liability Company (LTD)

• “A private LLC company is the traditional alternative to working as a sole practitioner or partnership, a LTD is a legal entity separate from all its members (shareholders).
• There is no limit on the number of members that form a LTD company, and a board of directors, who carry no personal liability.”

• Cooperatives

• Cooperative company has limited liability, essentially workers are cooperatives as workers both own and controls it. All workers has a nominal and equal share which differs from just an ‘employee owned’.
• The company can be a type with dividend earning shares which has controls and dependent on votes – one per shareholder.
• It has to be registered under Friendly Societies under the Industrial and Provident Societies Act 1965 to 1987.

3. Your (group) recommendation for the best way to proceed with your new practice and why.

The appropriate way to start up the new practice is Limited Liability Partnership. A Limited Liability Partnership (LLP) is defined as a partnership in which some or all partners have limited liability. For instance, one partner is not responsible for another partner’s misconduct or negligence. The LLP was designed to promote the growth of partnerships by providing limited liability and a separate legal identity while maintaining the tax treatment received by partnerships. Our company would also have other key benefits, such as a sense of ownership in the business and flexibility in management and pay structures.

The main driver for becoming an LLP is the ability to grow the ownership of the practice in a structured way and to create the opportunity for us as a qualified Architect to take the initiative, in terms of leading new areas of growth and be rewarded accordingly. This would allow us to engender a sense of ownership among the managing partners, and to foster a performance-based compensation approach instead of just focusing on salaries, bonuses and fixed tiers of management.

The approach would allow us to excel and be rewarded in proportion to our efforts, achievements, and contribution to the profit of the practice. Furthermore, an LLP would increase engagement between senior staff from AABC Architects, improve levels of debate internally and has more evenly spread responsibilities for running the practice and budget holding. We would also be able to retain the majority of the share of ownership and profit pool, but in return carry all the risk by guaranteeing a minimum annual drawdown for the remaining members. New members who want to join our practice are voted in based on their individual contribution to the practice, this is to ensure that their inclusion does not cause share dilution without an overall increase to the practice’s reputation, turnover, and profit. Following up to the LLP agreement, similar to a company’s memorandum and articles, we must not lose more than what we have invested, unless fraud or some other form of wrongdoing is proven.

In conclusion, understanding the benefits of collective ownership and responsibility, and giving direct rewards for performance are the keys to successfully becoming an LLP. Our company’s vision from the top is to seek potential and growth by empowering management and supporting people with passion and drive. Thus, this enables personal growth and reward in a more gradual and proportional way than the big leaps of step promotions or choosing the elite tier of a traditional partnership.

4. The implications that the proposal would have on any potential future expansion plans.

This hybrid structure seeks to retain the best from best worlds (traditional partnership and limited liability companies), this means an LLP can absorb the Partnership ethos and structure with complete freedom of internal organization, with the only exception that two of its personnel must be designated to perform duties similar to those of a company secretary and director.

Flexibility. T.A.A.Z Architects will have a flexible internal structure that can be changed at any time, as often as required, furthermore, the workflow of the company would not be interrupted abruptly even when new partners decided to join the firm, and thus this is an appropriate method in diversifying our architecture firm. Thus, the operation of the partnership and distribution of profits is determined by written agreement between the members. This may allow for greater flexibility in the management of the business.

Since T.A.A.Z Architects undertakes professional work through LLP, the company’s design project work will be fully covered by insurance. The company will have protection against liability incurred in business related to any architecture needs to be in place for both the company and the client. The Professional Indemnity Insurance (PII) will ensure that the company is protected against any future claims. However, it is essential that the company should maintain a minimum level of cover, including run-off cover accordingly with the ARB guidance.

The members of T.A.A.Z Architects can be changed simply depending on the partnership agreements. In the state of retirement, the individual has to dispose his or her share of the firm, thus the remaining partners would have to buy these shares causing tax implication on the individual. Shareholders are taxed when they withdraw money from the business which is beneficial to all members of T.A.A.Z Architects subjecting to tax and National Infrastructure Commission on full profits of the business. The company may also apply to RIBA Chartered Practice in the future to be competence towards competitive marketplace.

TABLE OF CONTENTS- GROUP TASK 2

Table of Contents   2

List of Figures and Tables   3

Question 1   4

Question 2   13

Question 3   20

Question 4   26

Bibliography   28

Appendix   30

Individual Amendments – Individual changes are highlighted in yellow.

Group Amendments – Individual changes are highlighted in grey.

List of Figures and Tables

Number              Page

Fig.1    Regional fees index    6

Fig.2     Stratford-on-Avon District Material requirements    17

Fig.3     RIBA Plan of Work based on Stages A-L   22

Fig.4     RIBA members’ online survey 2012   22

Tab.1    The average fees line of GP surgery     6

Tab.2     Fee work sage fee for small project     7

Tab.3      £/m2 study of average construction cost      8

Tab.4      Average demolition cost     9

Tab.5      Average hourly rate    11

Question 2

Possible constraints to development of the site and the associated timescales for any required consultations or Statutory Permissions required.

Constraints should be identified, and described in as much detail as possible during the early stages of a project, so that awareness of them and their potential impact can be managed. This includes understanding the dynamics of the project and how different constraints interrelate, as well as being clear about any potential risk and who is responsible for them.

The architect’s role in relation to the community is to be able to satisfy the client’s need with an interesting and functional design which however should also fit and suit the cultural architecture background of the area. Being mostly a residential area, Harbury, the site main physical constraints would have been represented by the adjacent road, which, during construction works, might have brought some delay of time, considering the site fall inside Needleham Conservation area and adjoins to Green belt Land.

However, considering the nature of the site, the design choices and material use are more than justified. The accessibility to the site is very direct as there is, an adjacent road on Leycester Cl which overlooks the entrance of the building. Due to the former old building and Smart Car Wash, being listed as Grade ii listed Farmhouse, allowed the process of design to be faster and the consultation between client and architect to be more direct. Apart from the existing constraints, due to the existing walls and spaces the old building offered, the project can be proposed as an opened field to be filled the best way possible. The development of the proposed GP Practice will not be collided by any legal issues regarding the neighbouring buildings as this would be a desirable and necessary local service for a growing village.

These are the possible constraints that can affect the construction project;

1. Design Constraints

Design constraints are factors that limit the range of potential design solutions that can be adopted. Design constraints may be inherent following to what the client, Dr. Derek Dunn has imposed on the site at Warwickshire.

Design constraints includes:

1. The budget for overall construction
2. Site form, boundaries, conditions and neighbouring properties.
3. Local infrastructure.
4. Site access, rights of way, rights to light and etc.
5. Planning and building regulations restrictions.
6. Completion date – 1^st September 2020

2. Time Constraints

Contracts need to be specified the earliest date on the design phase, written should be completed (‘no longer than’); and the exact date to be completed (‘on this date’). Dr. Dunn will only find out if their application for this funding has been successful on 21^st January 2019. Thus, expected date for completion should be on that exact date to allow all grants to be successfully made through. These, includes key dates on the project schedule and project milestones. Conforming to these dates is generally very important in terms of the overall project completion date, and penalties may applied for failure to meet agreed dates.

3. Third Party

The project is dependent to some extent on third parties. It is important that these third party dependencies are identified and that their potential impacts are understood, quantified and managed. Third party dependencies may include; central and local government, neighbours (Binswood End Residential), statutory authorities, and statutory undertakers.

4. Green Belt Constraints

Anjali need to apply for planning permission for green belt land. As the site is adjacent to Green Belt zone, the General Practice project may get planning approval from the National Planning Policy Framework (NPPF) unless Dr Derek Dunn agrees to remain the existing building within the character of the original. The building can be altered and extended providing that it is within the same parameters. Design quality is an important factor to obtain green belt permission, stated on the paragraph 11 of NPPPF, the development can be permitted if it is of high architectural value and quality. However, if the setting of heritage and surrounding context has been integrated to the design project, the chances of getting the approval will be higher.  Since the project will be a commercial medical building, Anjali has to ensure that the design is appropriate, help to raise standards of design in rural areas and not harmful to the green belt.

5. Listed Building Constraints

The existing building on Leycester Cl has been listed as Grade ii Farmhouse. T.A.A.Z Architects has to understand that planning control is predominantly stricter when it comes to listed buildings. The company shall respect the planning regulations to avoid any unrestricted alterations, extension or demolition to the listed buildings without any permission from the local planning authority. Anjali has to apply for Listed Building Consent if Dr Derek Dunn decides to purchase and demolish or renovate the existing building on site. Carrying out unauthorised works to a listed building is a criminal offence. Anjali should meet Harbury’s local planning authority before carrying out any work. As soon as the project has received planning permission, Anjali should apply for listed building consent as the decision may take up to 8 weeks. Design options will be limited as the entire structure (exterior and interior) has to comply with the regulation in terms of materiality and carrying out construction work. Due to the method of construction, Anjali should be aware of the upcoming structural problems and damps issues which will increase the cost of budget.

6. Community Consultations

The General Practice Project will be part of a community development project. Thus, community consultation is important in creating a new development. This is ensure that local community in Harbury will get what they need and reduces any vandalism and antisocial behaviour. After consulting with Harbury Parish Council, Anjali should invite local community to a consultation event, either passing leaflets around the site area or posters around public buildings. The event would display the proposed layout of the project showing how General Practice would benefit the local community. The local community can improve the project and enhance any decision making. Anjali as a design architect should identify what the community needs and interest in a general practice. Anjali should be aware of consultation plans to set out strategies with timelines aligned to the General practice project timelines.

7. Conservation Consent

As the location of site is at Needleham Conservation area, any demolition of building would need a planning permission required from the conservation area consent. If Dr Derek Dunn decides to demolish the existing building, Anjali needs to obtain a consent from the local planning authority. The planning permission is required for relevant demolition, as it is a criminal offense for those who failed obtain consent in the form of planning permission. Any work of demolition in terms of removal of the whole building except the façade would amount as demolition. Unless the client agrees to a design on removal on architectural details such as making holes in walls or demolishing a wall to make extension would not be considered as a demolition. The existing building would not excluded from demolition as it exceed 115 cubic metres and it is adjoin with Green Belt zone.

8. Party Wall Agreement

The existing building on Leycester Cl is located within the green belt boundary, and its excavations is close to neighbour’s property at the depth of 3 metres. Anjali would need a party wall agreement before any building works starts. The Party Wall Agreement is a written statement, prepared and to be given to adjoining neighbours who are affected, including Smart Car Wash which is located next to the existing building. Dr Derek Dunn has to prepare a two months written notice on building works which will affect a party wall or boundary. Once the notice has been served, Anjali does not need a planning permission as long the work is completed within a year.  However, if the neighbour dissents or does not reply within 14 days, a party wall award is required. Dr. Derek Dunn would have to appoint a surveyor, which will produce an “award” on the details of work and schedule of project.

9. Building Regulation

As the project leader for the general practice, Anjali has to meet the requirements of building regulations in carrying out the project works. She would need to apply for planning approval if the project needs;

• Alteration of work involving any temporary or permanently that will affect ongoing compliance of the building, services requirements, fire access and use of buildings.
• Extension or erection to the existing building
• Installing replacement windows using a builder.

It is essential to check with planning service to ensure whether planning permission is needed before carrying out any works. Anjali has to submit a full plans application containing drawings, details and supporting information to be examined and approved. The application takes up to 15 days, even if the project work has started potential problem can still be identified during construction phase.

10. Planning Permission

Before making a planning application it is important to check with the local planning authority; when planning meetings are held and what procedures are followed (procedures of planning meetings, number and types of drawings required, notices required, public consultation requirements, etc.). It is also wise to enter into early consultations with the local planning authority to gauge their likely reaction to the proposed development. The start date for the period for determination is defined by the date stamp on the application.

The lead Architect, Anjali requires consent from the local planning authority in the form of planning permission due to potential extensive changes to the existing building. It is essential that Anjali takes on full application to ensure that design schemes are approved. However, Dr Derek Dunn has to be aware on the planning application cost which will cost up to £426 for a full application in England and Wales. The planning application should include application forms, signed ownership certificate, plans and elevations of both existing and propose sites, design and access statement, and fees. Once the application has been submitted, the planning department will go through all the required information that has been received together with the correct fee. Local authorities will then determine planning application which takes up within 10 to 12 weeks of registration. The authority will post a sign outside the proposed development address and local community who is affected are invited to view the proposed projects. This will last for 3 to 8 weeks known as public consultation.

Once planning permission is granted, T.A.A.Z Architects can begin construction works which would last up to 3 years. Since the existing building is a listed building, Anjali has to ensure that the project receives consent from local authority to avoid any enforcement action to be taken.

11. Pre-application advice

Before Anjali submits a planning permission for approval, she should seek for pre-application advice from a professional to avoid any invalid application and improve the quality of application. The level of preparation required depends on the proposed General Practice. The preparation should be sufficient enough to govern the grant of permission. Thus, she has to ensure that planning application will only be decided in accordance to development plan and meet the requirements of each planning authority.

12. Stratford-on-Avon District

T.A.A.Z Architects need to look into the Stratford-on-avon district guide before submitting a planning permission. Since the General Practice project needs Listed Building Consent, Conservational Area Consent and Express consent for advertisement, Anjali need to demonstrate that they have given consideration to the issues and principles set out in the formulation of the proposed design. The proposed design has to show a clear feature in common with neighbouring buildings and landscapes. Anjali would need guidance of design for residential conversion of redundant farm buildings.

Character and identity – identifying local character and creating new designs that enhance the unique character and qualities of the district. Avoid diminishing the quality and accessibility of the public realm. If Dr Derek Dunn decides to demolish the existing building, Anjali needs to look into the design element.

Figure 2: Materials used on walls, showing the colour, and texture.

Analysis of settlements – It is advisable for Anjali and the client to visit the site, and to identify the specific characteristic that make up the site and the area in which the project is proposed.

Design and Landscape – Development within the settlements that alters the built up area of village can give an effect to the village. It is highly recommended to reuse the existing building as long the design is simple and able to facilitate adaptive reuse. The acceptability of conversion depends on the proposed new use and location of the building.

Timescales for required planning application

Once the general practice planning application has been authorised, the local planning authority will a make a decision within the statutory time limit. The statutory time limits takes about 13 weeks for applications that is involved in major development. However, if the decision of planning application takes longer than the statutory period, or rejection of extended period, the decision can be made within 26 weeks to comply with the ‘planning guarantee’. Anjali should be aware and noted that the planning application is to be decided within a year.

Timescales for required Consultation

Once local authority has received the planning application, Anjali has to wait for 21 days of consultation period. The local planning authority will classify and consult into various consultation groups. Consultations normally last for approximately 12 weeks with consideration to longer timescales as to enhance the quality of responses.

Phase 1: Public Consultation

Local authority will then seek for formal period of public consultation, which involves neighbouring residents and Harbury community in prior to deciding to the general practice planning application.  Article 15 of Development Management Procedure Order sets out the minimum statutory requirements. The planning application will be set out publicly accompanying with time period of making comments approximately 21 days. Once the consultation period is completed, the local planning authority can proceed with the planning application before statutory deadline.

Phase 2: Statutory Consultees

Statutory consulters will provide advice on the proposal where consultations are set out in a consultation direction within the deadline. The National Planning Policy Framework (NPPF) ensures that statutory consultees will provide advice in a well-timed manner to ensure that T.A.A.Z Architect will not face any delays or unnecessary cost. The 21 days period will not start until the consultee has a substantive response. Anjali has to ensure that the consultees engage with the developers during pre-application phase to avoid any delays at formal application stage.

A new project often provokes interest by the local population in which it will take place, the local community might wonder how they could be benefitted by such, or what would be the disadvantages they could face thanks to it. When it comes to a public development (in this case –GP Practice) it is necessary to spend care in involving the local community to understand the project, its aims, the reasons behind its design (functionally). Also, setting out information for proposals in a written format, ranging from an invitation to an event to publications presenting information about a scheme and perhaps including questionnaires. The distribution area needs to be carefully considered to ensure enough residents are contacted about the proposals. The old building, is planned to be renewed and transformed upon to the client’s agreement into General Practice where the local community could have benefitted thanks to its local service, creating a desirable growing village.

Proposed Timeline

The timeline of events shows the preparation of the General Practice Project according to the client’s coordinates. In prior to phase 1, the completion date is critical as the building completion date is 1^st September 2020, that’s if Dr Derek Dunn has received additional NHS fund. Time saving will enable Dr Derek Dunn to operate business on time and reducing cost of delays to the project. The planned construction start date at the site is 21^st January 2019 providing that the project has already received planning permission. Since the duration may take up to 12 weeks, Anjali has to ensure that all planning application are well prepared once they have received the NHS funding approximately on the 8^th April 2019. In phase 2, according RIBA Plan of work (Parts C, D, & E), the design process may take up at least 8 months that is developing analytical and technical design and confirmation of contractual stage. The pre-construction then take place on the 7^th January 2020 where tender contract was set to be signed on RIBA Plan of work (Parts F, G, & H). In phase 3, which involves the final construction phase, the mobilisation and construction involved takes place until practical completion.

Figure 3 shows current RIBA Plan of Work based on Stages A-L (in green) compared to 2013 proposed changes of 7 stages (blue), which is closely aligned to the CIC Work stages (orange) © RIBA.

Statutory Approval / Permission 

Other than planning permission, the main statutory approval required on a building project is building regulations approval.  The Ministry of Housing, Communities and Local Government (MHCLG) is responsible for building regulations (from 2012, Wales has had the power to bring in its own regulations, which will then supersede MHCLG regulations), which exist to ensure the health and safety of people in and around buildings, and the energy efficiency of buildings.

The regulation applies to most new buildings and any alterations of existing buildings in England and Wales, whether it is domestic, commercial or industrial. Since the site is located at Warwickshire which is in West Midland, England, and if Dr Derek Dunn decides to renovate or demolish the current building, T.A.A.Z Architects need to prepare a series of approved documents which provides general guidance on how to comply with the building regulations:

Building regulations approvals can be sought either from the building control department of the local authority or from an approved inspector. The approved documents can be downloaded from the Ministry of Housing, Communities and Local Government (MHCLG) website. Local planning authorities are required to undertake statutory consultations on proposed development as set out in Article 10 of the Town and Country Planning (General Development Procedure) Order 1995.

Bibliography

Online References

Bahar, Urbanist Architecture, 2018, How to get planning permission for building on green belt land in the UK.

Available at:

https://urbanistarchitecture.co.uk/how-to-get-planning-permission-for-building-on-greenbelt-land-in-the-uk/

Estate Agent Networking UK, 2018. What are the issues when buying a listed building?

Available at:

https://estateagentnetworking.co.uk/issues-buying-listed-building/

Historic England, 2013. Works in a Conservation Area

Available at:

https://historicengland.org.uk/advice/hpg/consent/cac/

Home Owners Alliance. Do I need a party wall agreement?

Available at:

https://hoa.org.uk/advice/guides-for-homeowners/i-am-improving/party-wall-agreement/

Dade and Speer. 2008. Homebuilding & Renovating.

Available at:

https://www.homebuilding.co.uk/planning-permission/

Planning portal. 2018. Pre-application advice

Available at:

https://www.planningportal.co.uk/info/200126/applications/59/how_to_apply/4

GOV UK. 2017. Determining a planning application

Available at:

https://www.gov.uk/guidance/determining-a-planning-application

GOV UK. 2018. Consultation and pre-decision matters, Statutory Consultees

Available at:

https://www.gov.uk/guidance/consultation-and-pre-decision-matters#Statutory-consultees

Stratford-on-avon District Council 2001. Stratford-on-Avon District Design Guide

Available at:

https://www.stratford.gov.uk/doc/175516/name/stratford%20district%20design%20guide.pdf