RRCD Engagement Disclaimer – Architectural, Heritage & ESD Advisory Services (Victoria)

1. Scope of Services

RRCD provides architectural, heritage advisory, ESD advisory and expert evidence services as outlined in the relevant proposal, engagement letter or written agreement. Services may include architectural advice, design guidance, heritage assessments, statutory planning input, heritage impact assessments, conservation management planning, ESD assessments or recommendations, expert evidence, expert witness reports, independent heritage assessments, or related professional services. Any services outside the agreed scope are not included unless confirmed in writing by RRCD.

2. Reliance on Information Provided

RRCD’s advice, recommendations and deliverables are based on the information, documents, site conditions and instructions supplied by the client or third parties. RRCD is not responsible for any consequences arising from incomplete, inaccurate, outdated or delayed information provided by the client or others.

3. Nature of Architectural, Heritage and ESD Advice

RRCD may provide professional architectural, heritage and ESD advice, including via email or other written communication. Such advice is provided solely for the client’s use and for the specific project and purpose for which it was prepared. It must not be relied upon for any other purpose or by any third party without RRCD’s prior written consent.

Architectural, heritage and ESD assessments involve professional judgement, interpretation of statutory controls, evaluation of cultural significance, and assessment of environmental performance. Such assessments may vary between practitioners and may be subject to differing interpretations by authorities.

4. Expert Evidence

Where RRCD provides expert evidence (including for VCAT, Planning Panels Victoria, the Heritage Council, or other tribunals or authorities), such evidence is prepared in accordance with the relevant expert witness code of conduct. RRCD’s overriding duty in providing expert evidence is to the tribunal or authority, and this duty prevails over any obligation to the client.

5. Client Responsibilities

The client remains responsible for all decisions made in connection with the services. RRCD’s advice should be considered alongside the client’s broader operational, financial, legal, planning, architectural, heritage and strategic considerations. Implementation of recommendations, including compliance with statutory requirements, is the responsibility of the client unless otherwise agreed in writing.

6. No Guarantee of Outcomes

RRCD does not guarantee any particular commercial, operational, regulatory, planning, heritage, architectural, ESD, tribunal or financial outcome. Decisions made by the client based on RRCD’s advice remain the responsibility of the client. RRCD is not responsible for, and does not guarantee, the decisions, actions or outcomes determined by any third‑party authority, regulator, council, referral authority, heritage body, ESD assessor, building surveyor, planning authority, tribunal, appeal body, or approval process, including but not limited to decisions under the Heritage Act 2017 (Vic), Planning & Environment Act 1987 (Vic), Building Act 1993 (Vic), or local planning schemes.

7. No Duty to Update

RRCD has no obligation to update its advice, reports or deliverables after they have been provided, unless the parties agree otherwise in writing. Changes in circumstances, legislation, planning controls, heritage policies, ESD standards, site conditions or client operations may affect the relevance or accuracy of earlier advice.

8. Limitation of Liability

To the maximum extent permitted by law, RRCD excludes all liability for any loss, damage or costs arising from the use of, or reliance on, RRCD’s advice or services, except to the extent caused by RRCD’s negligence. Where liability cannot be excluded, it is limited to the amount paid by the client for the relevant services.

This clause is drafted to comply with the Architects Act 1991 (Vic) and does not exclude liability where doing so would be unlawful.

9. Records Retention

RRCD may retain engagement‑related documents for its own administrative and legal purposes but is under no obligation to retain records beyond a reasonable period. RRCD will retain records for a period consistent with professional obligations for architects, heritage practitioners and ESD consultants, and in accordance with applicable limitation periods, unless otherwise agreed in writing.

RRCD is not responsible for maintaining or storing client records, archival materials, historic documents, conservation documentation, or ESD modelling files unless expressly agreed in writing.

10. Confidentiality

RRCD will take reasonable steps to maintain the confidentiality of client information and expects the same from the client regarding RRCD’s methodologies, materials and communications.

11. Intellectual Property

Unless otherwise agreed in writing, RRCD retains ownership of all intellectual property created during the engagement. The client receives a licence to use deliverables solely for internal business purposes and for the specific project to which the services relate.

12. Privacy

Any personal information collected during the engagement will be handled in accordance with the RRCD Privacy Policy.

13. Third‑Party Services and Materials

RRCD is not responsible for the performance, accuracy or reliability of any third‑party tools, platforms, archival sources, historic records, ESD modelling software, data sets, mapping systems, or services used or recommended during the engagement.

14. Force Majeure

RRCD is not liable for any delay or failure to perform its obligations due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, government restrictions, system outages, supply chain disruptions or other unforeseen circumstances.

15. Amendments

Any changes to the engagement terms must be agreed in writing by both parties.

Updated 2026