Terms and conditions of grants
Definitions
Application – means any documents or other information you send the HHF in relation to your application including the Pre-application form, the full application form and all documents or other materials submitted in support.
Approved Usage – means how you said you would use the property in your application (including any changes that the HHF has agreed in writing).
Contract - means the standard terms and conditions and the offer letter when signed by you.
Grant – means the award offered by the HHF or any part of it.
Offer Letter – means the letter from the HHF to you setting out the terms and conditions of the grant.
Project – means the project to be carried out at the property for which you have applied for the grant. This includes how you plan to carry it out as set out in your Application, any terms and conditions contained in the Offer Letter and any changes agreed subsequently in writing by the HHF
Property – means the property as referred to in your application.
A: Terms & Conditions for Architectural Projects
1. You will accept the grant offer within three months of the date of the Offer Letter.
2. You will use the grant only for the Project in the manner set out in your application, unless you get approval for any variation from the HHF in writing beforehand
3. You will commence the Project by no later than the date specified in the Offer Letter, unless we agree otherwise.
4. You will complete the project no later than the date specified in the Office Letter and claim all grant payments within 3 months of completion unless we agree otherwise.
5. You will use the Property, or allow it to be used, only for the Approved Usage.
6. As well as these terms and conditions, you will follow the special conditions set out in the Offer Letter, which will include public access, publicity, the amount of the grant and how/when it is to be paid, the start date and the anticipated completion date.
7. You will carry out the Project in line with current best practice and to a standard that is in our opinion appropriate to a project of importance to the national heritage.
8. If the Project involves buying goods or services or getting work done, you will obtain not less than two tenders unless this is not possible and you are able to explain to us why this is so.
9. To assist us in monitoring the Project, we require that you keep us informed. As a minimum we require the following:
That you confirm in writing when the Project actually starts. If there is any delay and the Project does not start on the date referred to in the Offer Letter then you must notify us accordingly and the reasons why there is a delay.
That you provide us with written reports together with recent photographs demonstrating the progress of the Project upon every request for a grant payment.
That you notify us in writing when you require payment of the next instalment. Please note that payment will be normally made within 35 days of receipt of your request, provided all conditions of the offer have been met and continue to do so.
That you notify us in writing of any significant changes to the project, in particular if
a) there are any changes to the anticipated completion date
b) there are any changes to the overall cost of the Project by more than 10%
c) there are any changes in your main professional advisor
That you notify us in writing as soon as the Project is completed by sending us a completion report (including photographs showing the finished result) on request of the final grant payment. We will also want to visit the Property following completion.
That you send us a final statement of Project costs, detailing the amounts you have paid, for what and to whom. Please note that the final payment of the grant will not be made until this has been received and the final inspection visit has taken place.
Following completion, and for the duration of the Contract, we will require annual written reports which provide the following information:
a) the amount of public access in the previous 12 months
b) the arrangements (including the proposed dates for ‘open days’) for the next 12 months
c) the on-going maintenance programme
d) the sustainability of the Project
10. You will allow the HHF, its trustees, officers and anyone authorised by us access to the Property we may reasonably require and upon giving you reasonable notice both during the Project, following completion and for the duration of the Contract.
11. Except as set out in your application or as otherwise specifically provided, you will not sell, let or otherwise part with it or any interest in the property, or give any rights to anyone else (or take and steps to do so) without our prior written approval for the duration of the Contract. If we give you approval, it may depend on you repaying all or part of the grant together with interest at 3% above the base rate for Barclays Bank PLC prevailing at the time and complying with other conditions reasonably required by us.
12. For the duration of the Contract, you will continue to maintain the property in good repair and condition after it has been repaired or restored.
13. i) During the project, you must take out insurance to cover the works being undertaken by the builder against all risks, including occupier’s liability. This will normally be in the joint names of you and the builder and can be an extension of your existing buildings policy. The policy must note our interest.
ii) When the project has been completed, we recommend that you continue to insure the property. Although this is not a condition of the grant, we will require you to make good any loss or damage that may occur during the Contract term, failing which you may have to repay some or all the grant. You may also have to repay all or some of the grant if the property is so destroyed that the statutory authorities agree that it cannot be reinstated.
14. You will notify the HHF in writing, within five working days about any significant loss or damage to the Property.
15. You will arrange for the general public to have access to the Property as agreed with us and set out in the Offer Letter.
16. You will not issue any written public statement, press release or other publicity, in relation to the Grant or that refers to the HHF, other than in a form approved by us.
17. You give the HHF the right to use any of the photographs you send us. You must get any permission you need for you to use the photograph before you send them to us or before you use them. We will acknowledge such photographs as provided by you.
18. You acknowledge that the grant is the total amount of funds the HHF will provide and that the HHF is not under any obligation to increase this for whatever reason.
19. We may require you to repay to the HHF immediately any Grant paid to you (and we will stop any future instalments of the grant) if:
a) you fail to keep any clause contained in the Contract (unless the failure was to complete the Project by the completion date and the failure was due to events beyond your control);
b) you no longer operate, or you are declared bankrupt or placed into receivership or liquidation, save for the purposes of reconstruction or amalgamation and provided this Contract is assigned to the new company or body;
c) you have, in our reasonable opinion, put fraudulent, incorrect or misleading information in your application form, monitoring or progress reports or at any other time.
d) you have acted negligently in any significant matter or fraudulently in connection with the project or the Approved Usage.
20. If you are required to repay the grant as a result of:
a) A change of ownership of all or part of the Property without our permission;
b) A significant change in your status (save as provided in the preceding clause);
c) A material change from the Project or Approved Usage without our permission; or
d) You are no longer operating due to a merger with, or the transfer of functions to, another organisation (save as provided in the preceding clause);
then you, the new organisation or the new owner may, within 90 days of the terms being broken, send the HHF a new version of your application to consider. The HHF may decide not to ask you to repay the grant, or any part of it, if we agree to the new application and you, the new organisation or the new owner enters into a new grant contract with us on such terms as we think fit.
21. If you complete the project without spending the full amount of the Grant, you must pay back the part of the Grant that you have not spent. We will assume that you have spent the Grant in proportion to other funds you received from other sources for the Project unless you provide us with evidence to show otherwise.
22. If you sell or otherwise part with all or part of the Property without our permission (except in the case of a transfer to a new trustee) or you receive money in some other way as a result of the Contract being broken, you may be required to repay some or all the grant together with interest at 3% above the base rate of Barclays Bank PLC prevailing at the time.
23. The HHF may enforce any rights under this Contract at any time, even if we do not always choose to do so. If we decide not to enforce one right, we may still enforce any of our other rights under this Contract.
24. If you need our approval for anything, you must first obtain this from the HHF in writing before proceeding. We will notify you of our decision within 14 days of receipt of your request.
25. Any notice, request or other document we or you send to each other under the Contract will be delivered or sent by first-class post or fax to the registered address for the HHF and the address used by you in the application, unless otherwise notified.
26. For grants of less then £200,000 the conditions of the Contract last for 10 years from the date of the final grant payment. For grants of £200,000 or more, the conditions of the Contract last for 15 years from the date of the final grant payment.
27. The conditions in the Contract cannot be enforced by any other person other than you and us, but this will not affect the rights anyone else might have other than under the Contracts (Rights of Third Parties) Act 1999.
28. You can withdraw from this Contract by notifying us in writing at anytime before you receive any of the Grant.
29. Save as specifically provided, the Contract is not assignable.
B: Terms & Conditions for the Conservation of Works of Art
1. Signature of the Grant Contract acts as your acceptance of our grant conditions and as your confirmation that the money will be spent on the purpose approved by the HHF.
2. The HHF will normally make a grant offer of no more than 50% of the costs of the project.
3. No changes to the project will be made without our agreement.
4. The HHF's advisers shall be entitled at any stage to inspect the work in progress and on its completion prior to making payment.
5. By accepting the grant you give permission for the HHF to publicise the grant on its website and in promotional material.
6. The support of the HHF should be acknowledged in an appropriate manner, for example in the property's Guide Book; in other information about the project or by displaying a sign identifying the assistance from the charity.
7. Digital images will be provided to the HHF prior to work being undertaken and after completion
8. We will sometimes add additional conditions to an individual grant to take account of particular circumstances. These will be included in the grant offer letter.
9. During the period of 20 years from the date of final payment of the grant no alterations or other work can be carried out on the work of art without the prior consent, in writing, of the HHF.
10. The public will be allowed access on at least 25 days in any calendar year to the work of art at the address specified or, by our prior agreement, to any museum or art gallery which can fulfil this requirement. Such access should be without a requirement for prior appointment.
11. The property where the work of art is normally to be seen should be advertised as open to the public.
12. If the work of art is disposed of within 20 years, the grant will be repaid.