Changes in building inspection regulations

On May 18, 2017, the Government adopted a resolution that changes the procedure of building inspection. This resolution is not yet in force, but it will be published in a few days in the Official Gazette and it will come into force.

Thus:

The structure of the inspection committee at the end of the works mandatorily includes:

– a representative appointed by the investor, who is also the chairman of the committee;

– a representative appointed by the competent public administration authority that issued the building / dismantling authorization;

– 1-3 specialists in the construction works are that are the subject to inspection, depending on the category and class of importance of the constructions, designated by the investor, other than those involved in the design / execution of the investment objective; they carry out their activities as employees of the investor, with an employment contract or on the basis of a services contract, as a registered sole trader, as the case may be.

The structure of the committee shall be supplemented by:

– a representative appointed by the State Building Inspectorate for investment objectives, irrespective of the funding source, classified, depending on importance, in category A – “exceptional”, B – “special” and C – “normal” and for the investment objectives financed from public funds;

– a representative appointed by the County / Bucharest-Ilfov Emergency Inspectorates for the constructions mentioned in Law 103/2006 on fire protection;

– a representative designated by the counties or Bucharest cultural directorates for the constructions that are nominated in the list of historical monuments;

– a representative appointed by the chief budget authorizing officer who is not an investor or is not subordinated to the investor in the case of investment objectives classified as A – “exceptional” or B – “special”, totally or partially funded from public funds and for which the approval of technical and economic documentation is the responsibility of the Government.

The Inspection Commission may only operate in the presence of at least 2/3 of its appointed members, and the commission’s decision shall be taken by a majority of its members. The representatives of the public administration authorities and the bodies with powers of control in the inspection committee have the right to veto, and if they propose to reject the inspection, it must be reasoned in writing. The Commission for the inspection of buildings and related facilities can no longer recommend the postponement of the inspection but only the admission or rejection of the inspection, according to a decision adopted by the Government. The normative act amends H.G. no. 273/1994 regarding the approval of the Regulations for the inspection of the construction works and related installations, in order to strictly regulate the inspection process, to increase the quality in the construction field, as well as to increase the responsibility of the investors, the executors and those involved in the inspection process . The committee’s decision is not just a recommendation. Only according to the decision of the inspection committee, the investor approves the admission or rejection of the inspection, within 3 days of the decision making by the commission, and signs the minutes at the end of the works. If the investor fails to fulfill the quality of ownership, he also surrenders to the owner the received construction.

It is forbidden to use the construction whose inspection at the end of the works was rejected, until the remedies were completed, and this was put in a state of conservation by the investor’s care and expense.

The final inspection is organized by the owner, setting the start date of the final inspection within 10 days after the expiration of the warranty period. The provisions of the approved Regulation do not apply to constructions for which the inspection at the end of the works, ie the final inspection, is in progress at the date of entry into force of the normative act. An exception is the case when the inspection was made after the old regulation, but the inspection committee recommended admittance of the inspection with objections, objections not remedied within the agreed terms are considered nonconformities and, in this case, the final inspection is done according to the provisions of this Regulation.