Building Construction Regulations and Responsibilities

Posted on Sep 10, 2024 in Law & Jurisprudence

Article 1. Aim

The aim of these regulations is to establish a framework for the construction process, outlining the obligations and responsibilities of all parties involved. This ensures building quality, meets basic requirements, and protects the interests of users.

Article 2. Scope

These regulations apply to the construction of all permanent buildings, both public and private, intended for the following primary uses:

Building Use Categories

  1. Administrative, healthcare, religious, residential (all forms), educational, and cultural.
  2. Aeronautical, agricultural, energy, hydraulics, mining, telecommunications, land transport, sea, river and air transport, forestry, industrial, naval engineering, sanitation and hygiene, and accessory to engineering works and their exploitation.
  3. All other buildings not specifically listed in the above groups.

Project Work Categories

These regulations apply to the following types of project work:

  1. Construction of new buildings.
  2. Extensions, modifications, alterations, or rehabilitations that alter the architectural configuration of existing buildings.
  3. Total interventions on listed buildings or buildings with environmental protection or historical significance.

Article 3. Basic Building Requirements

All buildings must be designed, constructed, maintained, and preserved to meet the following basic requirements:

Functionality

  1. Use: Layout, dimensions, and facilities should facilitate the intended functions of the building.
  2. Accessibility: The building must be accessible to all users.
  3. Telecommunications: Access to telecommunication services, audiovisual, and information technology must be provided.

Security

  1. Structural Safety: The building must be structurally sound and safe.
  2. Fire Safety: Adequate fire safety measures must be in place.
  3. Safety in Use: The building must be safe for its intended use.

Habitability

  1. Hygiene, Health, and Environmental Protection: The building must meet hygiene and health standards and minimize environmental impact.
  2. Noise Protection: Adequate noise protection measures must be implemented.
  3. Energy Saving and Thermal Insulation: The building must be energy-efficient and thermally insulated.
  4. Other Functional Aspects: All other aspects that contribute to the satisfactory use of the building must be considered.

Article 4. Project

The project encompasses all documents that define and specify the technical requirements of the works outlined in Article 2. The project must provide technical justification for the proposed solutions, adhering to all applicable technical regulations.

Article 5. Licenses and Administrative Authorizations

The construction of buildings, the completion of works, and their occupation require licenses and administrative authorizations in accordance with applicable law.

Article 6. Receipt of Work

The receipt of work signifies the formal handover of the completed project from the builder to the developer. The receipt must be documented in minutes signed by both parties, including:

  1. Identification of the parties involved.
  2. Date of the final certificate of completion for the entire work or a completed stage.
  3. Final value of the actual work execution.
  4. Statement of receipt with or without reservations.
  5. Safeguards required from the builder to ensure their responsibilities.

The final building certificate, signed by the construction manager and the director of work execution, must be attached.

Article 9. Promoter

The promoter, whether an individual or legal entity, public or private, initiates, manages, programs, and finances the building work. They may use their own resources or external funding, and the building may be for their own use or for subsequent sale or transfer to third parties.

Obligations of the Promoter

  1. Secure legal ownership of the site and obtain authorization to build.
  2. Provide documentation and information required for project drafting and authorize subsequent amendments.
  3. Obtain necessary licenses and administrative authorizations and sign the minutes of work receipt.
  4. Adhere to safety regulations.
  5. Provide the purchaser with executed construction documents.

Article 10. The Designer

The designer, commissioned by the promoter, drafts the project in compliance with technical standards and relevant planning regulations.

Obligations of the Designer

  1. Possess the necessary educational and professional qualifications.
  2. Prepare the project in accordance with existing laws and contractual agreements.
  3. Agree with the promoter on the recruitment of partial contributions.

Article 11. The Constructor

The constructor is contractually obligated to the developer to execute the works, or part thereof, using their own or external human and material resources, according to the project and contract.

Obligations of the Constructor

  1. Implement the project work according to applicable laws and instructions from the construction manager and director of work execution.
  2. Possess the necessary qualifications and professional training to act as a builder.
  3. Designate the chief work.
  4. Allocate the required human and material resources.
  5. Formalize subcontracting agreements.
  6. Sign the minutes of rethinking or commencement and receipt of work.
  7. Provide the construction manager with information for the documentation of work performed.

Article 12. The Main Contractor

The main contractor, as part of the development board, directs the work technically, aesthetically, urbanistically, and environmentally, adhering to the project and contract conditions.

Obligations of the Contractor

  1. Possess the necessary educational and professional qualifications.
  2. Verify the redesign of the foundation and structure.
  3. Resolve on-site contingencies and document instructions for project interpretation in the order book.
  4. Develop potential project amendments.
  5. Endorse the minutes of rethinking or commencement of work, the final certificate of work, and conduct partial certifications and final settlements for executed work units.
  6. Develop and sign the documentation of work performed for delivery to the promoter.

Article 13. The Head of Work Execution

The head of work execution, as part of the development board, manages the actual execution of the work, controlling the quality and quantity of construction.

Obligations of the Director for Work Execution

  1. Possess the necessary educational and professional qualifications and meet the requirements for practice.
  2. Verify the receipt of construction products, ordering tests as needed.
  3. Direct the work execution, checking the stakeout, materials, implementation, and provision of constructive elements and facilities.
  4. Provide precise instructions in the Book of Orders and Attendance.
  5. Endorse the minutes of rethinking or commencement of work, the final certificate of work, and subscribe to partial certifications and final settlements for executed work units.
  6. Collaborate with other parties in developing the documentation of work performed by providing monitoring results.

Article 15. Providers of Products

Providers include manufacturers, wholesalers, importers, or sellers of construction products.

Obligations of the Supplier

  1. Deliver products according to order specifications, ensuring their origin, identity, and quality.
  2. Provide instructions for use and maintenance of supplied products, including quality guarantees, for inclusion in the documentation of work performed.

Article 16. Owners and Users

Obligations of the Owners

  1. Maintain the building in good condition through proper use and maintenance.
  2. Receive, store, and transfer the documentation of work performed, including insurance and guarantees.

Obligations of the Users

  1. Use the building or its parts properly, following the instructions for use and maintenance provided in the documentation of work performed.