Architecture Proposal Template (Gibraltar)

The scope exclusion sits in regulation 3, not the cancellation-circumstances list

Regulation 3(4) lists categories of contract the Regulations do not apply to at all: social services, healthcare, gambling, financial services, and — the two relevant here — paragraph (e), contracts for the creation, acquisition or transfer of immovable property or of rights in immovable property, and paragraph (f), contracts for the construction of new buildings, the substantial conversion of existing buildings, and for rental of accommodation for residential purposes.

Regulation 15, by contrast, is headed "Limits of application: circumstances excluding cancellation" and lists a different set of exclusions entirely — bespoke or personalised goods, perishable goods, alcoholic beverages with delayed delivery tied to market fluctuation, urgent repairs requested by the consumer, newspapers and periodicals, public auctions, and accommodation, transport, vehicle rental, catering or leisure services tied to a specific date. Construction and immovable property are not on that list, because they are already excluded earlier, from the Regulations' scope entirely.

No VAT on the fee itself

Gibraltar has no VAT system. A fee or cost clause copied from a United Kingdom or European Union precedent routinely carries a VAT line that simply does not apply to a Gibraltar-supplied architecture service, and this template omits it rather than leaving a clause that confuses the client and their accountant.

Where a client is based elsewhere, their own indirect-tax position on the transaction is theirs to state; the proposal itself should be silent on VAT rather than assuming a UK or EU rate applies to work carried out in Gibraltar.

Clause-by-clause guide

Client and architect

Names the client and the architect or practice submitting the proposal.

Project category

Whether the proposal is for new-build construction, substantial conversion, or another category, since regulation 3(4) excludes the former two from the Regulations' scope entirely.

Fee and payment schedule

The proposed fee and payment schedule, drafted without a VAT line since Gibraltar has no VAT.

Withdrawal right applicability

Confirms whether the Regulations apply to this proposal at all, based on the regulation 3(4) scope exclusion.

Proposal validity

The period during which the proposal remains open for acceptance.

Gibraltar compliance checklist

Cite regulation 3(4), not regulation 15, for the construction and immovable-property exclusion — the two lists cover different things.

• Cite regulation 3(4)(e) and (f) for the construction exclusion

  Regulation 3(4)(e) excludes contracts for the creation, acquisition or transfer of immovable property or rights in it; regulation 3(4)(f) excludes construction of new buildings, substantial conversion of existing buildings, and residential rental.

  Government of Gibraltar - Consumer Rights on Contract Regulations 2013

• Do not confuse this with the regulation 15 cancellation-circumstances list

  Regulation 15's separate list of circumstances excluding cancellation covers bespoke goods, perishables, urgent repairs and similar categories, and does not itself mention construction or immovable property.

• Check the actual project category

  The exclusion applies specifically to new-build construction, substantial conversion and immovable property transactions — not to every architecture-related proposal.

• Leave VAT out of the fee clause

  Gibraltar has no VAT system, so a VAT line copied from a UK or EU precedent does not apply to a Gibraltar-supplied service.

How to complete this architecture proposal

1. Identify the client and architect. Name the client and the architect or practice submitting the proposal.
2. Classify the project. Determine whether the project is new-build construction, substantial conversion, or another category.
3. Set the fee and validity period. Enter the proposed fee, without a VAT line, and the period the proposal remains open.
4. State the Regulations' scope position. Confirm whether the Consumer Rights on Contract Regulations 2013 apply to this proposal at all, based on regulation 3(4).
5. Send and record acceptance. Send the proposal and record how and when the client accepts it.

Frequently asked questions

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