Homeowner Contract (with Consultant) and Consultancy Agreement (HO/C/Scot and HO/CA/Scot)

Homeowner Contract (with Consultant) and Consultancy Agreement for use in Scotland: 

(HO/C/Scot and HO/CA/Scot 2021)

Building Contract for a homeowner/occupier who has appointed a consultant to oversee the work and Consultancy Agreement.

This contract is for work to be carried out by a building contractor for a homeowner/occupier (the customer) who has appointed a consultant.

Accompanying products available:

• HO/C/Scot and HO/CA/Scot 2021 Contract Administration Model Forms
• SBCC's Homeowner Contract Administration Model Forms provide a series of template forms to assist with the administration of the Homeowner Contract (with Consultant) and Consultancy Agreement for use in Scotland 2021.

About the Homeowner Contract (with Consultant) and Consultancy Agreementfor use in Scotland 2021:

• This document is made up of two parts, HO/C/Scot and HO/CA/Scot. One copy of the contract (HO/C/Scot) should go to the customer and one to the contractor. One copy of consultancy agreement (HO/CA/Scot) should go to the customer and one to the consultant.
• Guidance Notes are included within the contract and consultancy agreement.

 HO/C/Scot 2021

• This contract is for a homeowner/occupier who has appointed a consultant to administer the contract on their behalf.
• It is suitable for small domestic building work, such as extensions and alterations.
• This is a consumer contract for a residential occupier; therefore it is excluded from the provisions of the Construction Act. However, the contract does provide for adjudication in the event of a dispute between the home owner and the contractor. See Rules for Adjudication (HO/Adj/Scot) and explanatory notes.
• The works are carried out for an agreed lump sum (including VAT), which can be paid in a single payment on completion, or agreed interim payments.
• Part 1 (The arrangements for the work) covers:
  the work to be done (please click here to view a sample page), planning permission, building regulations and party walls, using facilities on the premises, price, payment, the working period, product guarantees, insurance, working hours, occupation and security of the premises, and disputes.
• Part 2 (The conditions) covers:
  contractor’s responsibilities, customer’s responsibilities, the consultant’s roles, health and safety, changing the work details, extending the working period, certifying finished work and making good, payment, contractor’s continuing responsibility, bringing the contract to an end, right to cancel, insolvency, other rights and remedies, law of the contract.

HO/CA/Scot 2021

• This agreement is for use between a homeowner/occupier and a consultant (e.g. architect, engineer or surveyor) who is to provide services.
• It covers a range of services that the consultant can provide, such as producing designs and detailed specifications for the work, applying for planning permission and building regulations approval, and inspecting the building work while it is being done.
• This agreement is designed for use with the Building Contract for a homeowner/occupier who has appointed a consultant. It may however be used independently of this contract, but care must be taken to ensure it is compatible with the building contract.
• This is a consumer agreement for a residential occupier, therefore it is excluded from the provisions of the Construction Act. However, the agreement provides for adjudication in the event of a dispute between the home owner/occupier and the consultant. See Rules for Adjudication (HO/Adj/Scot) and explanatory notes.
• Part 1 (The consultant's services) covers:
  the services, consultant's fees, insurance, disputes.
• Part 2 (The conditions) covers:
  consultant’s responsibilities, customer’s responsibilities, changing the services, paying the consultant's fee, consultant’s continuing responsibility, copyright, bringing this agreement to an end, right to cancel, other rights and remedies, law of the agreement.
• The Construction (Design and Management) Regulations 2015 (CDM 2015) apply to both domestic and commercial clients. Domestic clients should refer to guidance produced by the HSE, Want construction work done safely? (INDG411(rev1)), which can be downloaded for free from www.hse.gov.uk/pubns/indg411.pdf.

Purchasing a digital contract:

SBCC digital contracts can only be purchased through the SBCC website with a valid subscription. When ordering this contract the system will generate an editable PDF for downloading, this will be found in the 'My Contracts' page of your account. This contract can be completed online using a PDF reader (such as Adobe), or printed for completion by hand.

Further information about SBCC Homeowner contracts:

• About this type of contract.
• Important note: This contract is for use in Scotland and is not for use in England and Wales. If you don’t want the consultant to deal directly with the builder, the building contract will not be suitable. In this case you should use our 'Building contract for a homeowner/occupier' which is for use where no consultant is involved during the building process.
• Print Edition: This contract will also be available to purchase in print format from Selling Agents in the coming months.

ISBN: 9781909432529

Edition: HO/C/Scot and HO/CA/Scot 2021 - Published February 2025. (Previous version: HO/C/Scot and HO/CA/Scot 2015)