2021/0109/NL
EC/EFTA
NL Niederlande
  • B00 - BAUWESEN
2021-05-25
2021-02-26

The construction and renovation of consequence class 1 buildings. These are simple buildings, such as houses, including houseboats, recreational houses, simple company buildings and small infrastructural works.

Construction Quality Assurance Decree.

The Housing Act [Woningwet] stipulates that for the construction of designated categories of buildings, quality assurance instruments should be used. In the case of quality

assurance instrument, the core is a certification or accreditation system or an assessment directive which, after it has been tested by the admissions organisation to be set up against the statutory conditions, has been admitted to the construction quality assurance system. These conditions are tailored to the consequence class and the type of building. The greater the potential consequences associated with the failure of a building, the more stringent the conditions against which instruments are tested and the stricter the requirements for the quality assurance officer that has to work with the instrument.
This Decree regulates, among other things, that the quality assurance officer’s declaration on the realised building must be delivered, among others, together with the completion report for that building. In this declaration, the quality assurance officer records that in his opinion the building meets the structural regulations.
With the completion report, the municipality therefore receives the quality assurance officer’s declaration that there is justified confidence that the building meets the structural regulations. This may be a technical regulation as referred to in the Directive.
Article 2.21 (completion report for a building) of the Environmental Structures Decree [Besluit bouwwerken leefomgeving] may contain a technical requirement. It reads as follows:
‘Article 2.21 (completion report for a building):
1. It shall be prohibited to put a building as referred to in Article 2.17 into use without having reported this at least two weeks before the actual use of the building.
2. The report shall be signed and include at least the following data and documents:
a. name, address and telephone number of the person who built the building;
b. date;
c. address of the building, cadastral designation or coordinates of the location of the building;
d. the declaration of the quality assurance officer as referred to in Article 3.86(2) of the Environmental Quality Decree [Besluit kwaliteit leefomgeving], which, in so far as relevant, addresses measures to prevent or limit structural risks as referred to in Article 3.80(2) of that Decree;
e. data and documents showing the functions of use, residential areas, residential rooms and the dimensions and occupation of all rooms, including the total surface area per function of use;
f. data and documents demonstrating that the building meets the requirements set in relation to:
1 o. loads and load combinations of the structural parts of the realised building and of the building as a whole;
2 o. the extreme limit state of the building structure and parts of the building structure of the realised building;
3 o. the ventilation of the building;
4 o. the energy efficiency of the building;
5 o. the environmental performance of the building;
g. data and documents relating to the fire safety of the building as referred to in Article 6.8(1)(d)(4°) and (5°);
and
h. data and documents on any equivalent measures applied.’

No equivalence provision has been included, as it is part of the requirements imposed on a quality assurance instrument (the declaration must comply with an established format which also applies to foreign service providers). The provision is therefore non-discriminatory.