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Free UK Professional Appointment Template (Architect / Engineer)

A UK Professional Appointment is the consultant engagement contract between a Client and a Construction Professional — Architect (regulated by ARB and a member of RIBA), Structural or Civil Engineer (chartered through IStructE or ICE), Mechanical / Electrical / Plumbing Engineer (CIBSE), Quantity Surveyor (RICS), Project Manager (APM / RICS) or Fire Engineer (IFE). Use our free UK template to draft a Professional Appointment under English, Scots or Northern Irish law that references the RIBA Plan of Work 2020 Stages 0-7, complies with the Construction (Design and Management) Regulations 2015 (CDM 2015) Principal Designer and Designer duty-holder regime, addresses the Building Safety Act 2022 Part 5 higher-risk buildings regime (over 18 metres or 7 storeys residential, gateways 2 and 3), aligns with the Defective Premises Act 1972 + Limitation Act 1980 s.4B 15-year prospective / 30-year retrospective limitation framework, and sets a PI insurance minimum of £2m / £5m / £10m calibrated to project value and risk.

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PROFESSIONAL APPOINTMENT
ARCHITECT  ·  England And Wales  ·  5 November 2026
CLIENT
Westbrook Estates Ltd
14 Cavendish Square, London, W1G 0HJ
PROFESSIONAL
Pemberton and Whitfield Architects LLP
40 Bedford Row, London, WC1R 4JL
Project: The Maltings — Mixed-Use Refurbishment
Discipline: architect
This Professional Appointment (the "Appointment") is made on 5 November 2026 between Westbrook Estates Ltd of 14 Cavendish Square, London, W1G 0HJ (Companies House no. 13294827) (the "Client") and Pemberton and Whitfield Architects LLP of 40 Bedford Row, London, WC1R 4JL (Companies House no. OC394821) (the "Professional"). The Professional is qualified to provide architect services in the United Kingdom and holds the following professional memberships: Sarah Pemberton ARB 092837 / RIBA Chartered; Imogen Whitfield ARB 102948 / RIBA Chartered; practice RIBA Chartered Practice no. C-12384. The Client appoints the Professional to provide the services described in clause 2 in connection with the The Maltings — Mixed-Use Refurbishment at 5-15 Maltings Street, Manchester, M3 4FR (Refurbishment and 4-storey vertical extension of a Grade II listed Victorian maltings building, providing 38 build-to-rent apartments + ground floor retail + basement co-working. Construction value £12.4 million; target practical completion June 2028.; type: mixed use) (the "Project"). The Professional shall carry out the services with the reasonable care and skill required by section 13 of the Supply of Goods and Services Act 1982 and in accordance with applicable professional codes (ARB / RIBA / IStructE / RICS as relevant).
1.
SCOPE OF SERVICES AND RIBA PLAN OF WORK
1.1 Scope. Full architectural services for the Maltings refurbishment + extension: heritage assessment, planning + listed building consent application, technical design, tender documentation, contract administration, and post-completion inspection. Sustainability and energy modelling to RIBA 2030 Climate Challenge.

1.2 RIBA Plan of Work. The Services are mapped to the RIBA Plan of Work 2020 as: Stages 0 to 7 (Strategic Definition through Use).

1.3 Standard of care. The Professional shall exercise the reasonable skill, care and diligence to be expected of a professional architect experienced in carrying out services of similar nature, scope and complexity for projects similar to the Project.
2.
FEES AND PAYMENT
2.1 Fee. The Client shall pay the Professional a fee of 6.5% of the construction cost of the Project.

2.2 Payment schedule. Fees are payable on completion of each agreed milestone / RIBA stage within 30 days of invoice.

2.3 Late payment. Late payment attracts interest at the rate under the Late Payment of Commercial Debts (Interest) Act 1998 (Bank of England base rate + 8%).

2.4 Expenses. The Professional may recharge reasonable out-of-pocket expenses (travel, printing, planning fees) at cost, subject to Client approval for individual expenses exceeding £500.
3.
PROFESSIONAL INDEMNITY INSURANCE
3.1 Minimum cover. The Professional shall maintain professional indemnity insurance with a reputable UK insurer providing minimum cover of £10,000,000 per claim, in the aggregate or each-and-every claim basis as required by the project risk profile.

3.2 Continuity. The Professional shall maintain insurance throughout the duration of the Services and, in respect of run-off cover, for the period specified in clause 10 below (where Expert provisions apply).

3.3 Evidence. The Professional shall, on Client request, provide a certificate from its insurer confirming current cover and limits.
4.
GOVERNING LAW AND JURISDICTION
This Appointment and any dispute arising out of or in connection with it (including non-contractual disputes) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
5.
STAGE CANCELLATION AND VARIATIONS (EXPERT)
5.1 Stage cancellation. The Client may, by giving not less than 14 days written notice, cancel the Services at the end of any RIBA Plan of Work stage. On cancellation, the Professional is entitled to fees for work completed to the cancellation date, plus reasonable demobilisation costs.

5.2 Variations. Any variation to the scope of Services requires (a) a written quote from the Professional setting out fee + programme impact, and (b) the Client's written consent before the Professional commences the variation. No payment is due for variation work undertaken without Client written consent.
6.
INTELLECTUAL PROPERTY (EXPERT)
6.1 IP allocation. Subject to clause 6.2, the Client shall, on payment in full of all fees due under this Appointment, have a perpetual, irrevocable, royalty-free, non-exclusive licence to use the designs and other works produced by the Professional for the Project (including for any future stages, alterations, refurbishment or extension of the Project). The Professional retains copyright in the designs as author.

6.2 Retention of design ideas. Notwithstanding clause 6.1, the Professional retains the right to re-use design ideas, concepts, methodologies and know-how derived from the Services for the benefit of other clients, provided that no specific Project deliverable, drawing or document is re-used.

6.3 Third-party consents. The Professional warrants that the designs and other works do not infringe any third party's IP rights, and where they incorporate third-party content, the Professional has obtained all necessary licences / consents.
7.
CDM 2015 AND CLIMATE COMMITMENTS (EXPERT)
7.1 CDM 2015 — Principal Designer. The Professional is appointed as Principal Designer under Regulation 5 of the Construction (Design and Management) Regulations 2015 (CDM 2015). The Professional shall plan, manage and monitor the pre-construction phase of the Project, including coordination of design work to ensure health and safety risks are eliminated, reduced or controlled.

7.2 Designer duties (CDM 2015 Reg 9). The Professional acknowledges the designer duties under CDM 2015 Regulation 9: (a) eliminate, so far as reasonably practicable, foreseeable health and safety risks to those carrying out, maintaining or using the structure; (b) reduce remaining risks where elimination is not reasonably practicable; (c) control residual risks; (d) provide information about residual risks to those who need it; (e) cooperate with the Principal Designer and other duty holders.

7.3 Climate commitment. The Professional shall design the Project to align with the RIBA 2030 Climate Challenge targets (or such other industry net-zero benchmark agreed) and shall report on embodied + operational carbon at RIBA Stages 2, 3 and 4. The Professional shall consider biodiversity net gain and circular economy principles in design choices.
8.
BUILDING SAFETY ACT 2022 PART 5 (EXPERT)
8.1 High-risk building status. The parties confirm that the Project IS a high-risk building within the meaning of Building Safety Act 2022 Part 5 (typically buildings ≥18m or ≥7 storeys with at least 2 residential units; or care homes or hospitals ≥18m / ≥7 storeys). The extended Defective Premises Act 1972 limitation under section 135 BSA 2022 applies: 15 years prospective + 30 years retrospective.

8.2 BSR registration. Under the BSA 2022 Part 5 regime, BSR registration shall be conducted jointly by the Client and the Professional, with allocation of specific Gateway responsibilities agreed in writing.

8.3 Building control route. The building control route is BSR-appointed higher-risk building inspector (mandatory for high-risk buildings).
9.
SUB-CONSULTANTS, PI RUN-OFF AND TERMINATION (EXPERT)
9.1 Sub-consultants. The Professional may engage sub-consultants with the Client's prior written consent (not to be unreasonably withheld). The Professional remains responsible for the acts and omissions of sub-consultants as if they were its own.

9.2 PI run-off cover. The Professional shall maintain run-off PI insurance for 30 years (BSA 2022 Part 5 retrospective limitation — high-risk buildings) from the date of practical completion of the Project.

9.3 PI cancellation notice. The Professional shall give the Client at least 30 days written notice if PI cover is cancelled or materially reduced; if alternative compliant cover is not in place by the cancellation date, this is a material breach.

9.4 Termination. Either party may terminate on 3 month(s) written notice. Either party may terminate immediately for material breach (subject to 30-day cure right) or for insolvency.
10.
EXECUTION
IN WITNESS WHEREOF the parties have executed this Appointment on the date set out at the start of this Appointment.
CLIENT
Westbrook Estates Ltd
Date: ____________________
PROFESSIONAL
Pemberton and Whitfield Architects LLP
Date: ____________________

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What Is a UK Professional Appointment?

A UK Professional Appointment is the contractual engagement between a Client commissioning a construction project and a Construction Professional providing the design or related services. It is the legal foundation of every construction project: it defines the Professional's scope of services (typically referenced to the RIBA Plan of Work 2020 Stages 0-7), the fees and payment basis, the IP licence to the Client to use the Professional's design output, the professional indemnity insurance the Professional maintains, and the standard of care (Supply of Goods and Services Act 1982 s.13 reasonable care and skill, plus the professional's discipline-specific standards under ARB / RIBA / IStructE / RICS codes of conduct). The Appointment may be a standalone consultant engagement or sit alongside JCT, NEC4 or FIDIC main contracts as a separate consultant appointment.

Every UK Professional Appointment must address the Construction (Design and Management) Regulations 2015 (CDM 2015) designer duty regime. CDM 2015 imposes specific duties on anyone who carries out design work for a construction project — eliminating foreseeable risks to the health and safety of construction workers, occupiers and users; coordinating design with the Principal Designer where one is appointed; providing information to the Principal Contractor for the construction phase plan. For projects with more than one contractor, the Client must appoint a Principal Designer (sometimes the same person as the lead Architect, sometimes a separate appointment). The Appointment must record whether the Professional is taking on Principal Designer duties or is acting under a separate Principal Designer appointment.

The Building Safety Act 2022 (BSA 2022) added a critical compliance layer for higher-risk buildings. Where the project is within scope of BSA 2022 Part 5 — typically buildings of at least 18 metres in height OR at least 7 storeys containing at least two residential units, defined by the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 — the project must navigate the Building Safety Regulator (BSR) gateway 2 (pre-construction) and gateway 3 (pre-occupation) approval regime, with timelines of 12 to 15 weeks plus consultation. Section 135 BSA 2022 inserted a new section 4B into the Limitation Act 1980 extending Defective Premises Act 1972 claims to 15 years PROSPECTIVE (from completion) and 30 years RETROSPECTIVE (for completions before 28 June 2022) — and URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 confirmed the retrospective sweep. The Appointment's PI insurance run-off, IP licence durability and design liability provisions must accommodate this extended exposure window.

What's Covered in This Template

This UK Professional Appointment covers the full consultant engagement architecture for any construction discipline, with a Free baseline for the core scope and fees, and an Expert tier for the full IP, CDM, BSA, PI and termination overlay.

Client + Professional Parties

Client (Developer / Funder / End-User) and Professional with Companies House numbers, registered offices and named signatories.

Professional Discipline + Membership (Free)

Architect (ARB / RIBA) / Structural Engineer (IStructE / ICE) / MEP Engineer (CIBSE) / QS (RICS) / Project Manager (APM / RICS) / Fire Engineer (IFE) — with discipline registration / membership numbers.

Project Identification + Type (Free)

Project name, address, description and type (residential / commercial / mixed-use / public / industrial / high-risk building under BSA 2022 Part 5).

Scope of Services (Free)

RIBA Plan of Work 2020 Stages 0-7 full / Stages 2-4 (Concept + Spatial + Technical) / Stages 4-5 (Technical + Manufacturing / Construction) / specific stages only.

Fee Basis (Free)

Lump sum / percentage of construction cost (UK SME standard) / hourly time charge / milestone-based.

Payment Schedule (Free)

Monthly in arrears / on completion of each milestone or RIBA stage / on completion (lump sum only).

PI Insurance Minimum (Free)

£2m per claim (small project) / £5m per claim (UK SME standard) / £10m per claim (commercial / high-risk) / custom amount.

Governing Law

England and Wales / Scotland / Northern Ireland with matching exclusive jurisdiction.

Stage Cancellation Right (Expert)

Client may cancel at end of each RIBA stage on 7 / 14 / 28 days notice / cancellation with break fees / full project commitment.

Variation Procedure (Expert)

RFQ then written consent / instruction with invoicing — controls scope creep and fee uplift.

IP Assignment vs Licence (Expert)

Licence to Client on payment of fees (UK SME standard) / assignment on payment (Developer mandates) / licence during project only.

Third-Party Consent + Design Ideas Retention (Expert)

Licence permits Client to grant third-party consents (sub-funders, tenants); Professional retains rights to design ideas for use on other projects.

CDM 2015 Designer Duties (Expert)

Acknowledgement of Designer duties under CDM 2015; Principal Designer role taken on by the Professional or under separate appointment.

Climate / RIBA 2030 Commitment (Expert)

Project committed to RIBA 2030 Climate Challenge targets, or commitment reviewed at Stage 2 — alignment with Climate Change Act 2008 net-zero pathway.

Building Safety Act 2022 Part 5 (Expert)

Higher-risk building Yes / No / Unknown flag; BSR gateway 2 and 3 registration responsibility (Professional lead / Client Principal Designer / jointly); building control route.

Sub-Consultants (Expert)

Permitted with Client consent (UK SME standard) / without consent / not permitted — addresses Professional engaging specialist sub-consultants.

PI Run-Off Years (Expert)

6 / 12 / 15 / 30 years run-off PI insurance post-Appointment — aligns with Limitation Act 1980 + BSA 2022 s.135 / DPA 1972 limitation framework.

PI Cancellation Notice (Expert)

Professional gives Client notice if PI insurance is cancelled, lapses or coverage changes during the run-off period.

Termination Notice (Expert)

Configurable termination notice (typically 1-3 months) with provisions for fees due and design output access on termination.

Defective Premises Act + BSA 2022 Limitation Alignment

Design liability framed to align with the s.135 BSA 2022 + Limitation Act 1980 s.4B 15-year prospective / 30-year retrospective DPA 1972 exposure window for residential / higher-risk projects.

How to Create a UK Professional Appointment

Follow these steps to draft a UK consultant appointment for an Architect, Engineer, Quantity Surveyor, Project Manager or Fire Engineer on a construction project.

  1. 1

    Identify the Parties

    Provide the Client and the Professional with Companies House numbers, registered offices and named signatories. Insert the Professional's discipline (Architect / Structural Engineer / MEP / QS / PM / Fire) and discipline membership numbers.

  2. 2

    Identify the Project

    Insert project name, address, description and type. Tick higher-risk building if the project is within Building Safety Act 2022 Part 5 (typically over 18 metres or 7 storeys residential).

  3. 3

    Set Scope of Services

    Pick RIBA Plan of Work 2020 Stages 0-7 full / Stages 2-4 / Stages 4-5 / specific stages only. Insert a free-form scope summary.

  4. 4

    Set Fee Basis and Payment

    Pick lump sum / percentage of construction cost / hourly / milestone. Insert fee amount and pick payment schedule (monthly / milestone / on completion).

  5. 5

    Set PI Insurance Minimum

    Pick £2m / £5m / £10m or custom — calibrated to project value, risk profile and Client mandate.

  6. 6

    Pick Governing Law

    England and Wales / Scotland / Northern Ireland with matching exclusive jurisdiction.

  7. 7

    Configure IP Allocation (Expert)

    Pick IP licence on payment (UK SME standard) / assignment on payment (Developer mandate) / licence during project only. Tick third-party consent and design ideas retention.

  8. 8

    Address CDM 2015 and Climate (Expert)

    Tick Designer duties acknowledgement; pick Principal Designer role (taken on by Professional / separate appointment). Tick RIBA 2030 Climate Challenge commitment.

  9. 9

    Address Building Safety Act Part 5 (Expert)

    Confirm higher-risk building status. Pick BSR registration responsibility (Professional lead / Client Principal Designer / jointly). Pick building control route (standard / higher-risk building inspector / TBA).

  10. 10

    Add Sub-Consultants, PI Run-Off and Download (Expert)

    Pick sub-consultants (consent / no consent / not permitted). Pick PI run-off years (6 / 12 / 15 / 30). Tick PI cancellation notice and termination notice. Preview and download as a free PDF or, with Expert, editable Microsoft Word (.docx).

Why Doxuno documents are different

Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.

Accurate

Country-specific legal content

Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.

Always current

Always current with the law

Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.

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Print-ready PDF

Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.

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Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.

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Legal Considerations

UK Professional Appointments engage the SGSA 1982 implied standard of care, the discipline-specific codes of conduct (ARB / RIBA / IStructE / ICE / CIBSE / RICS / APM / IFE), the CDM 2015 designer duty regime, the Building Safety Act 2022 Part 5 higher-risk buildings regime, the Defective Premises Act 1972 + Limitation Act 1980 s.4B 15-year prospective / 30-year retrospective limitation framework, the CDPA 1988 design IP rules, and the post-Grenfell era PI insurance market constraints.

This template is for informational purposes only and does not constitute legal advice. UK construction Professional Appointments are highly specialised — for any project above £500,000 construction value, any project within a Building Safety Act 2022 higher-risk building, any project for a Developer Client with bespoke Funder requirements, any project requiring Net Zero Carbon assessment under the GLA London Plan or local equivalent, or any cross-discipline lead consultant appointment, professional advice from construction law counsel is strongly recommended.

Reviewed for England & Wales, Scotland and Northern Ireland construction law

SGSA 1982 s.13 and the Professional Standard of Care

Section 13 of the Supply of Goods and Services Act 1982 implies into every UK B2B services contract that the supplier will perform with reasonable care and skill. For a Construction Professional, this baseline is elevated by the discipline's professional code: an Architect registered with the Architects Registration Board (ARB) and a member of RIBA must meet the ARB Code of Conduct and the RIBA Code of Practice; a Chartered Structural Engineer must meet IStructE professional standards; a Chartered Surveyor must meet RICS rules. The Bolam test (Bolam v Friern Hospital Management Committee [1957]) applies to professional negligence claims, modified by Bolitho v City and Hackney Health Authority [1998] to require any responsible body of opinion to withstand logical scrutiny. UK Professional Appointments should expressly reference the relevant discipline code so the standard of care is unambiguous; the template builds this into the discipline-specific drafting.

CDM 2015 Designer Duties and the Principal Designer Role

The Construction (Design and Management) Regulations 2015 (CDM 2015) impose specific duties on designers: eliminate foreseeable risks to the health and safety of construction workers, occupiers and users during construction, use and dismantling; take into account the general principles of prevention; coordinate design with the Principal Designer where one is appointed; provide pre-construction information to the Principal Contractor. For projects with more than one contractor, the Client must appoint a Principal Designer under Regulation 5 — typically the lead Architect or sometimes a separate appointment. The Principal Designer's role under Regulation 11 includes planning, managing and monitoring health and safety during the pre-construction phase, coordinating designers' compliance with their duties, and preparing the pre-construction information. The Expert template builds in the Designer duties acknowledgement and the Principal Designer role configuration.

Building Safety Act 2022 Part 5 and the Higher-Risk Buildings Regime

The Building Safety Act 2022 Part 5 introduced a phased gateway compliance regime for higher-risk buildings — defined under the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 as buildings of at least 18 metres in height OR at least 7 storeys, containing at least two residential units. Three gateways apply: Gateway 1 is planning consultation by the Building Safety Regulator (BSR) on fire safety; Gateway 2 must be passed before construction begins (or major refurbishment); Gateway 3 must be passed before occupation. Gateway 2 typically takes 12-15 weeks plus consultation. The Appointment must allocate the BSR registration responsibility (Principal Designer typically leads), reflect the BSR timeline in the project programme, and accommodate the additional design documentation the BSR requires. The Expert template surfaces the BSA flag and registration responsibility configuration.

Limitation Act 1980 s.4B and the 15+30-Year Extended Exposure

Section 135 of the Building Safety Act 2022 inserted a new section 4B into the Limitation Act 1980 extending the period for claims under section 1 of the Defective Premises Act 1972 (provision of dwellings duty). Section 1 DPA 1972 imposes a duty on anyone taking on work for or in connection with the provision of a dwelling to do that work in a workmanlike or professional manner with proper materials, so the dwelling is fit for habitation when completed. Post-s.135 BSA 2022, the limitation period is 15 YEARS PROSPECTIVE (from completion) for work completed after 28 June 2022, and 30 YEARS RETROSPECTIVE for completions before that date. URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 confirmed the retrospective sweep applies. For Construction Professionals, the implication is profound: design liability for residential / higher-risk projects extends potentially 30 years from completion. PI insurance run-off must accommodate this; the Expert template offers 6 / 12 / 15 / 30-year run-off options.

IP Allocation — CDPA 1988 and the Licence on Payment Model

Under section 11 of the Copyright, Designs and Patents Act 1988, copyright in a design produced by a contracted Professional is owned by the AUTHOR (the Professional), not by the Client commissioning the work. To use the design, the Client requires either an assignment of copyright under section 90 CDPA 1988 or a licence under section 92. UK Professional Appointment market practice is overwhelmingly the LICENCE ON PAYMENT model: the Client receives a licence to use the design output for the agreed project on payment of fees, with the Professional retaining the copyright (and the right to use the design ideas on other projects). Developer-led projects sometimes demand assignment on payment; this is acceptable but materially affects the Professional's portfolio and design ideas retention. The Expert template offers all three configurations.

PI Insurance — Post-Grenfell Market Constraints

Professional indemnity (PI) insurance is the practical backstop for design liability claims. The UK construction PI market hardened materially after the 2017 Grenfell Tower fire and subsequent investigations: premiums for fire-safety-relevant disciplines (cladding-aware Architects, Fire Engineers) increased 200-500% in 2020-22, claim notification clauses tightened, and many policies introduced cladding exclusions or limited cover. Post-BSA 2022 with the s.4B 15+30-year limitation extension, the run-off market is also constrained. UK Professional Appointment market practice: £2m per claim for small projects; £5m per claim UK SME standard; £10m per claim for commercial / high-risk; with 6-15 years run-off (15 years for residential to align with s.4B prospective). The Expert template's PI cancellation notice clause is the Client's early-warning mechanism for cover changes during the run-off period.

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