Architect Services Agreement Template (Gibraltar)

One joint application, two separate statutory approvals

A Planning/Building Control Application is a joint application for both a Planning Permit under section 17 of the Town Planning Act and Building Control Approval under section 45 of the Public Health Act. The Building Control Section administers and enforces building regulations under the Public Health Act by inspecting deposited plans and then inspecting works to confirm they follow the approved specifications.

For an architect services agreement, this means the scope of services should say explicitly whether the Perit or architect is preparing and submitting the joint application covering both approvals, or only one side of it — a scope drafted around "planning permission" alone can leave the Building Control Approval side unaddressed.

Section 19 developments trigger public participation

Some types of development are subject to public participation requirements under section 19 of the Town Planning Act — referred to as "Section 19 developments" — which include construction of buildings more than 4 metres in height, extensions adding one or more storeys where the height would exceed 4 metres, swimming pools, and use of land as a bar or restaurant.

Where a project falls into one of these categories, the architect's scope of work and timeline should account for the public-participation process this triggers, rather than assuming the application proceeds on the same timeline as a project that does not meet the section 19 thresholds. This template flags whether the project is a Section 19 development as a distinct field, not a buried assumption.

Clause-by-clause guide

Client and architect

Names the client and the architect, with confirmation of GSA registration.

Scope of services

The project stages covered, and whether the architect is handling the joint Planning/Building Control Application or only one part of it.

Section 19 status

Whether the project meets the section 19 thresholds that trigger public participation, affecting both process and timeline.

Fees and payment schedule

The fee for services, payment schedule and basis for charging additional work.

GSA registration confirmation

Confirmation that the signing architect is registered with the Gibraltar Society of Architects and, if UK-qualified, understands and will comply with local requirements.

Limitation of liability

The scope and limits of the architect's liability in relation to compliance of the design with applicable requirements.

Gibraltar compliance checklist

Confirm both the architect's registration and whether the project triggers the section 19 public-participation process before fixing the scope and timeline.

• Confirm registration with the Gibraltar Society of Architects

  Architects in Gibraltar are regulated under the Architects Act and must be registered to use the title and practise professionally; the GSA maintains the register.

  Expat Focus - Gibraltar Property Building and Renovation

• Confirm UK-qualified architects understand local requirements

  UK-qualified architects and engineers can work in Gibraltar, but must ensure they understand and comply with local requirements rather than relying solely on UK registration.

• Use the joint Planning/Building Control Application where both approvals are needed

  The Planning/Building Control Application is a joint application for a Planning Permit under section 17 of the Town Planning Act and Building Control Approval under section 45 of the Public Health Act.

  Government of Gibraltar - Town Planning

• Check for section 19 development status

  Buildings more than 4m in height, extensions adding storeys exceeding 4m, swimming pools, and bar/restaurant use of land are Section 19 developments subject to public participation requirements.

• Do not treat building control approval as automatic once planning is granted

  Planning permission and Building Control Approval are separate statutory approvals under different Acts, even when submitted jointly; confirm both are actually obtained before construction proceeds.

How to complete this architect services agreement

1. Identify the client and architect. Name the client and architect, confirming GSA registration.
2. Define the scope of services. State whether the architect covers the joint Planning/Building Control Application or only part of it.
3. Check section 19 status. Determine whether the project meets the height, extension, swimming-pool or bar/restaurant thresholds triggering public participation.
4. Set fees and payment schedule. Enter the fee, payment schedule and basis for charging additional work.
5. Review and sign. Confirm registration status and section 19 classification, then have both parties sign.

Frequently asked questions

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