DOWNLAND STUDIO
Terms & Conditions of Appointment
Last updated: September 2026
These Terms & Conditions apply to architectural design, planning, technical design and associated professional services provided by Downland Studio.
Downland Studio is a trading name of Daniel Hall.
These Terms should be read alongside the project-specific written proposal issued to the Client. Where the proposal expressly varies these Terms, the project-specific proposal shall take precedence.
1. Our Appointment
Downland Studio provides architectural design, planning, technical drawing and associated project support services.
The precise services included in each appointment will be set out in the written proposal provided to the Client.
Only services expressly identified as included within that proposal form part of the appointment.
Any additional services requested by the Client, required because the project changes or arising from circumstances that could not reasonably have been anticipated at the time of appointment may be subject to an additional fee.
Downland Studio will perform its services with the reasonable care and skill expected of a competent professional providing services of the type described in the appointment.
2. Formation of Contract
A quotation, proposal, fee estimate, discussion, email or other communication issued by Downland Studio does not by itself constitute acceptance of an appointment.
Unless expressly agreed otherwise in writing, an appointment becomes effective when:
a) the Client has confirmed acceptance of the written proposal and these Terms & Conditions; and
b) the initial payment or deposit specified within the proposal has been received by Downland Studio.
Downland Studio is under no obligation to commence work before these requirements have been satisfied.
Payment of the requested initial payment or deposit following receipt of a proposal may be treated as confirmation that the Client wishes to proceed subject to the proposal and these Terms & Conditions.
3. Consumer Cancellation Rights
Where the Client is a consumer and the appointment is entered into remotely or away from Downland Studio's business premises, the Client may have a statutory right to cancel the appointment within 14 days.
Where the Client asks Downland Studio to commence work during this cancellation period, the Client must expressly request that the services begin.
If the Client subsequently cancels during the statutory cancellation period after requesting that work commence, Downland Studio may charge a proportionate amount for services properly performed up to the point of cancellation.
Where the service has been fully performed during the cancellation period following the Client's express request and acknowledgement, the statutory right to cancel may cease.
Nothing within these Terms affects the Client's statutory consumer rights.
YOUR PROJECT
4. Scope of Services
The scope of Downland Studio's appointment is limited to the services expressly described within the project proposal.
Depending upon the appointment, services may include:
measured building surveys
existing and proposed drawings
concept design
planning applications
lawful development applications
Building Regulations drawings
technical design information
3D visualisation
drainage and sewer drawings
statutory application support
Party Wall notice preparation
Principal Designer services where specifically appointed
contractor pricing support
drawing amendments
site visits and technical support
The inclusion of one service does not imply the inclusion of another.
For example, the preparation of Building Regulations drawings does not automatically include construction monitoring, contract administration or project management.
5. Services Not Included
Unless specifically included within the written proposal, Downland Studio's appointment does not include:
project management
contract administration
continuous site supervision
inspection or certification of workmanship
valuation or certification of contractor payments
management of the construction programme
quantity surveying
structural engineering
civil engineering
geotechnical investigations
asbestos surveys
ecological surveys
arboricultural surveys
specialist heritage consultancy
energy assessments or calculations requiring an independent assessor
electrical, mechanical or specialist services design
verification of contractor quantities
testing or commissioning of completed work
preparation of health and safety documentation outside any specifically agreed duty-holder appointment
responsibility for a contractor's construction methods or temporary works.
Where specialist information is required, Downland Studio may recommend that an appropriately qualified third-party consultant is appointed.
6. Client Responsibilities
The Client shall provide Downland Studio with information reasonably required to undertake the agreed services and shall ensure, so far as reasonably possible, that information supplied by or on behalf of the Client is accurate.
The Client must inform Downland Studio of any relevant information known to them including:
ownership or boundary issues
restrictive covenants
easements
shared drainage
known structural problems
previous planning or Building Regulations applications
Party Wall matters
known asbestos or hazardous materials
rights of way
relevant neighbour agreements
unusual ground conditions
existing services or utilities
other matters that could reasonably affect the proposed works.
Downland Studio is not responsible for consequences arising from material information being withheld, inaccurate or unavailable, except where Downland Studio ought reasonably to have identified the issue within the agreed scope of services.
SURVEYS & EXISTING BUILDINGS
7. Measured Surveys
Measured surveys undertaken by Downland Studio are intended to provide sufficient information for the architectural services for which they are commissioned.
They are not land surveys, structural surveys, condition surveys, drainage surveys or measured surveys to specialist surveying tolerances unless expressly stated otherwise.
Dimensions and levels may be subject to reasonable survey and construction tolerances.
Areas that are concealed, inaccessible or unsafe to access may not be measured directly.
The contractor must verify critical dimensions on site before manufacture, ordering materials or commencing construction.
Any significant discrepancy must be referred to Downland Studio before the affected work proceeds.
8. Existing Structures and Concealed Conditions
Drawings of existing buildings are based upon visible and reasonably accessible conditions at the time of survey.
Downland Studio cannot warrant the construction, condition, dimensions or location of elements that are concealed or inaccessible, including foundations, underground drainage, structural members, concealed services, wall construction and roof structures.
Existing buildings frequently contain undocumented alterations or construction that differs from historic drawings.
Where previously concealed conditions become apparent during construction, additional investigation, design work or amendment may be required.
Such work is outside the original appointment unless expressly included.
PLANNING & STATUTORY APPROVALS
9. Planning Applications
Downland Studio will use reasonable skill and care when preparing and submitting planning applications.
However, planning permission cannot be guaranteed.
Planning decisions are made by the relevant Local Planning Authority and may be affected by planning policy, officer judgement, consultee responses, neighbour representations and other matters outside Downland Studio's control.
A planning refusal does not, by itself, demonstrate that Downland Studio has failed to exercise reasonable care and skill.
Any redesign, resubmission, appeal or additional information required following a decision may be subject to an additional fee unless included within the original appointment.
10. Building Regulations
Where appointed to prepare Building Regulations information, Downland Studio will prepare drawings and information appropriate to the agreed scope and project.
Building Control approval, acceptance or completion certification cannot be guaranteed because these decisions remain with the relevant Building Control body.
Building Control may request amendments, calculations, inspections or additional information during the approval or construction process.
Reasonable minor clarifications relating directly to Downland Studio's original design may be provided as part of the appointment at Downland Studio's discretion.
Substantial revisions, redesign resulting from construction changes or additional work outside the original scope may be charged separately.
11. Planning and Building Control Fees
Unless expressly stated otherwise, fees charged by:
Local Planning Authorities
Building Control bodies
water authorities
structural engineers
specialist consultants
statutory undertakers
other third parties
are not included within Downland Studio's professional fees.
Published Downland Studio prices relate to Downland Studio's own professional services unless expressly stated otherwise.
12. Specialist Consultants
Where structural calculations, specialist surveys, reports or other professional services are required, these will normally be undertaken by an appropriately competent third party.
Unless expressly agreed otherwise, the Client contracts directly with the specialist consultant and remains responsible for their fees.
Downland Studio may coordinate third-party information as part of its appointment but is not responsible for the professional performance of independently appointed consultants.
CONSTRUCTION
13. Contractor Selection
The appointment of a contractor remains the Client's responsibility.
Any contractor recommendation, introduction or review undertaken by Downland Studio does not constitute a warranty of that contractor's financial standing, competence, workmanship or future performance.
Clients should undertake their own appropriate checks before entering into a building contract.
14. Construction, Workmanship and Contractor Responsibility
This is an important limitation of Downland Studio's appointment.
Unless expressly stated otherwise within the written proposal, Downland Studio is appointed to provide architectural design and/or technical documentation services only.
Downland Studio is not appointed to manage, supervise or continuously inspect the construction works.
The contractor remains responsible for:
workmanship
construction methods
sequencing of work
temporary works
site safety
protection of the existing building
protection of neighbouring property
setting out
checking dimensions
appropriate storage and installation of materials
following manufacturers' instructions
compliance with the construction information provided
compliance with applicable statutory requirements and good building practice.
The preparation, issue or amendment of drawings by Downland Studio does not constitute supervision, inspection, approval or certification of the contractor's workmanship.
Downland Studio is not responsible for defective workmanship, inappropriate construction methods, unauthorised departures from the drawings or failures by contractors, subcontractors or suppliers to execute the works properly.
Nothing in this clause excludes liability which cannot lawfully be excluded.
15. Construction in Accordance with the Drawings
The Client should provide the appointed contractor with the latest relevant drawings and information.
Where construction is undertaken contrary to Downland Studio's drawings, specifications or written advice without Downland Studio's agreement, Downland Studio cannot accept responsibility for consequences resulting from that departure.
The contractor must notify the Client and/or Downland Studio where a discrepancy, unforeseen condition or apparent conflict is identified.
Work affecting the discrepancy should not proceed until appropriate clarification has been obtained.
16. Site Visits
Unless expressly included within the appointment, site visits are provided only when separately requested and agreed.
A site visit is limited to the particular matter or purpose for which Downland Studio has been asked to attend.
An occasional site visit does not constitute:
continuous inspection
supervision of the contractor
project management
contract administration
certification of workmanship
confirmation that every element of the works complies with the drawings.
Downland Studio cannot be expected to identify defects or departures from the drawings that are concealed, not reasonably apparent during the visit or outside the agreed purpose of attendance.
17. Builder and Site Queries
Downland Studio remains available to provide clarification and additional technical support where requested.
Where a contractor encounters an unforeseen condition or requires clarification, they should seek advice before proceeding.
Support outside the original appointment may be charged at Downland Studio's published hourly rate or at an agreed fixed fee.
18. Materials and Products
Where a particular product or manufacturer is identified, the contractor must confirm current availability, suitability, installation requirements and compatibility before ordering or installation.
Products must be installed in accordance with the manufacturer's current instructions.
Manufacturers may alter products, specifications and installation requirements after drawings have been produced.
Where an alternative product is proposed, its suitability should be established before substitution.
DESIGN CHANGES
19. Changes Requested by the Client
The agreed fee is based upon the project brief and scope known at the time the proposal is issued.
Reasonable design development is included where identified within the relevant service.
Substantial changes to the brief, repeated redesign after an agreed design direction has been established or changes following planning/technical submission may constitute additional work.
Downland Studio will advise the Client where practicable before undertaking material additional chargeable work.
20. Changes During Construction
Changes made by the Client, contractor or others during construction may affect:
planning permission
Building Regulations compliance
structural design
drainage approvals
Party Wall matters
other statutory approvals.
Downland Studio should be consulted before material changes are made to its design.
Preparation of revised drawings or coordination of retrospective changes is not included unless expressly agreed.
21. As-Built Drawings
Where Downland Studio is subsequently instructed to prepare as-built drawings without carrying out comprehensive verification on site, those drawings will be based upon information provided by the Client and/or contractor.
They should not be interpreted as independent certification that the construction has been completed precisely as shown.
FEES & PAYMENT
22. Professional Fees
Fees will be set out within the project proposal.
Fees may be:
fixed
staged
hourly
calculated as an additional agreed service.
Guide prices published on the Downland Studio website are indicative only and do not constitute an offer capable of acceptance.
Each project is subject to its own written proposal.
23. Additional Work
Additional work may be charged where reasonably required as a result of:
changes to the Client's brief
substantial redesign
unforeseen existing conditions
inaccurate information supplied by others
contractor departures from the drawings
additional statutory requirements
additional meetings or site visits
requests outside the agreed scope
work necessitated by changes made after approval.
Where reasonably practicable, the Client will be informed before significant additional chargeable work is undertaken.
24. Payment
Invoices are payable within the period stated on the invoice or project proposal.
Downland Studio may pause further work where an undisputed invoice remains overdue after reasonable notice has been given.
Any resulting programme implications will not be treated as a delay caused by Downland Studio.
For business-to-business appointments, statutory interest and recovery costs may apply to qualifying overdue commercial debts. Government guidance currently provides for statutory interest of 8% above Bank of England base rate where applicable.
PROGRAMME
25. Timescales
Any programme or anticipated completion date provided by Downland Studio is an estimate unless expressly stated to be a contractual deadline.
Project timescales may be affected by matters outside Downland Studio's control including:
Local Authority determination periods
Building Control responses
statutory consultees
water authorities
consultant information
Client decisions
contractor queries
changes to the brief
third-party approvals.
Downland Studio will make reasonable efforts to progress its services appropriately but cannot be responsible for delays caused by third parties or circumstances outside its reasonable control.
DRAWINGS, COPYRIGHT & USE
26. Copyright
Unless otherwise agreed in writing, copyright and other intellectual property rights in drawings, designs, visualisations, documents and other material produced by Downland Studio remain with Downland Studio.
Copyright protection in the UK is principally governed by the Copyright, Designs and Patents Act 1988.
Subject to payment of all properly due fees, the Client is granted a licence to use the relevant documents for the purpose of constructing, maintaining and using the specific project for which they were prepared.
The drawings may not be reproduced, adapted or used for another site or project without written permission.
27. Unpaid Drawings
Where professional fees relating to drawings or other documents remain properly due and unpaid, any licence to use those documents may be suspended to the extent permitted by law until payment is received.
This does not affect rights that cannot lawfully be restricted.
28. Third-Party Reliance
Drawings and documents are prepared for the Client and the particular project identified within the appointment.
No third party may rely upon them as professional advice without Downland Studio's written agreement.
Contractors may use drawings supplied for the purpose of constructing the Client's project but this does not create a separate professional appointment between Downland Studio and the contractor.
29. Electronic Files
PDF drawings issued by Downland Studio constitute the primary issued drawing information unless expressly agreed otherwise.
Editable CAD, Revit, BIM, SketchUp or other source/model files are not included within the appointment unless specifically agreed.
Drawings should not be scaled to determine critical construction dimensions where written dimensions are provided.
LIABILITY
30. Standard of Care
Downland Studio will exercise reasonable care and skill in providing the agreed professional services.
No greater duty, warranty or fitness-for-purpose obligation shall apply unless expressly agreed in writing.
Consumer law requires services to be provided with reasonable care and skill and these Terms do not seek to remove that right.
31. Matters Outside Downland Studio's Responsibility
Subject to applicable law, Downland Studio is not responsible for loss arising solely from:
defective contractor workmanship
contractor negligence
unauthorised changes to the design
failure to follow drawings or written advice
inaccurate information provided by others
hidden or unforeseen site conditions outside the agreed scope
independent consultants' errors
product defects
manufacturer failures
statutory authority decisions
matters outside Downland Studio's agreed appointment.
Where Downland Studio itself has failed to exercise the reasonable care and skill required by law or contract, nothing in this clause removes liability that cannot lawfully be excluded.
32. Limitation of Liability
Any limitation on Downland Studio's financial liability shall be as expressly stated in the project-specific appointment and shall be subject to applicable law and the terms and level of professional indemnity insurance maintained in relation to the services.
TERMINATION
33. Suspension or Termination by the Client
The Client may terminate the appointment by giving written notice.
The Client remains responsible for fees properly due for services completed up to the effective termination date together with any reasonable committed third-party costs incurred on their behalf.
This does not affect any statutory cancellation rights.
34. Suspension or Termination by Downland Studio
Downland Studio may suspend or terminate the appointment on reasonable written notice where:
properly due fees remain unpaid
the Client materially breaches the appointment
the Client requires Downland Studio to undertake something unlawful, unsafe or professionally inappropriate
essential information is repeatedly withheld
circumstances outside Downland Studio's reasonable control make continued performance impossible.
Where appropriate, the Client will be given a reasonable opportunity to remedy the issue before termination.
This is deliberately balanced rather than giving you an unrestricted right to walk away, because one-sided cancellation provisions can be unfair in consumer contracts.
WEBSITE & PUBLISHED INFORMATION
35. Website Information
Information published on the Downland Studio website is provided as general guidance and does not replace project-specific professional advice.
Planning policy, Building Regulations, statutory guidance, product information, fees and other requirements may change.
Downland Studio will take reasonable care to maintain accurate information but does not warrant that every piece of general website content will remain current indefinitely.
36. Published Guide Prices
Prices displayed on the website are guide prices unless expressly stated otherwise.
They are intended to help prospective clients understand likely professional costs and do not constitute a quotation or binding offer.
The applicable fee for a project is the fee contained within the written project proposal accepted by the Client.
UNSOLICITED SALES & SUPPLIERS
37. Unsolicited Sales, Advertising and Supplier Approaches
IMPORTANT NOTICE TO SUPPLIERS
Downland Studio does not enter into binding contracts for advertising, marketing, directory listings, telecommunications, utilities, software, subscriptions or other business services solely through unsolicited telephone calls or verbal conversations.
No statement made during an unsolicited sales call, including any verbal indication of interest, agreement to receive information or discussion of pricing, constitutes authority to place an order or incur expenditure on behalf of Downland Studio.
Unless Downland Studio expressly agrees otherwise in writing, a supplier order will only be regarded as accepted when:
a) Downland Studio has provided explicit written confirmation that the particular order is accepted; and
b) any payment expressly required by Downland Studio's acceptance process has been made by Downland Studio.
For the avoidance of doubt, the following do not by themselves constitute acceptance by Downland Studio:
a recorded telephone conversation
a verbal "yes" or similar statement made during an unsolicited sales call
agreement to receive further information
a supplier-generated order confirmation
an invoice
an email sent by the supplier asserting that an order has been placed
inclusion of Downland Studio within a directory
commencement of unsolicited services
a supplier's standard terms and conditions.
Suppliers relying upon an alleged verbal telephone agreement do so without Downland Studio's authority unless the above acceptance procedure has subsequently been completed.
Nothing within this clause affects a contract that Downland Studio has expressly entered into through another agreed written process.
GENERAL
38. Communication
Email will normally be treated as an acceptable form of written communication between Downland Studio and the Client.
The Client should ensure that contact details provided remain current throughout the appointment.
39. Complaints
If the Client is dissatisfied with any aspect of the service, they should raise the matter with Downland Studio as soon as reasonably possible so that there is an opportunity to investigate and, where appropriate, resolve the issue.
A formal complaint should be submitted in writing to:
Downland Studio
Email: info@downlandstudio.uk
Any applicable professional complaints procedure or alternative dispute resolution information will be provided where required.
40. Severability
If any provision of these Terms is found to be unlawful or unenforceable, that provision shall be treated as modified or removed only to the extent necessary.
The remaining provisions shall continue to apply.
41. No Waiver
A failure or delay by either party in enforcing a contractual right does not automatically waive that right.
42. Third-Party Rights
Unless expressly stated otherwise, no person other than the Client and Downland Studio shall have rights to enforce the appointment.
43. Governing Law
These Terms and the appointment are governed by the laws of England and Wales.
Nothing within these Terms restricts any mandatory rights a consumer may have concerning where legal proceedings may be brought.
44. Changes to These Terms
Downland Studio may update the Terms & Conditions published on its website from time to time.
The terms applicable to an existing appointment are the version incorporated into that appointment when it was entered into, unless the Client and Downland Studio subsequently agree a variation.
Version: September 2026