Life cycle, handovers, warranties and materials

PART IV - Lifecycle of the investment project in construction

Title I - General Provisions (art. 474-479)

What it regulates. The definition of the investment project, total value, budget margin (different for private and public), and the eight stages of the lifecycle. The Part is largely methodological; for the private investor, the budgeting rules matter, and further, the warranties, handover and technical record.

The investment project begins with identifying a need or opportunity and ends with putting into use (art. 474 para. 1). The estimated total value is made up of the forecasted execution value and associated costs until handover (art. 475 para. 3), to which are added the budget margin and miscellaneous and unforeseen expenses, calculated against the maximum estimated value (art. 475 para. 4). For public projects, exceeding the estimated total value, including the maximum margin, is permitted only in exceptional circumstances, unknown initially, and well substantiated (art. 475 para. 6-7).

Budget margin (art. 476). In the private sector, it is the percentage adjustment up or down proposed by the beneficiary at initiation (art. 476 para. 1-2), excluding inflation, market fluctuations or tax changes (art. 476 para. 3), updated at each stage according to annex no. 7 (art. 476 para. 4), without cumulation between stages (art. 476 para. 6). In public works it is only a percentage adjustment upward (art. 476 para. 7), proposed once only, at the feasibility study, according to annex no. 8 (art. 476 para. 8 and 10); the technical-economic indicators are re-approved at the final stage of the technical project (art. 476 para. 12). Miscellaneous and unforeseen expenses cover changes to technical solutions with additional quantities and preservation during interruptions not attributable to the beneficiary, and are distinct from the margin (art. 477).

Lifecycle (art. 478-479). Phases: initiation, planning (design), execution (implementation), closure (handover) and operation (art. 478 para. 3); they may be combined for simple projects in lower classes (art. 478 para. 6). Stages (art. 479): stage 0 - strategic definition; stage 1 - design brief and feasibility; stage 2 - concept; stage 3 - basic solutions and authorization; stage 4 - technical development; stage 5 - execution; stage 6 - handover and commissioning; stage 7 - operation.

Title II - Lifecycle Stages (art. 480-537)

Chapter I - Stage 0, Strategic Definition (art. 480-488)

The beneficiary identifies the need and opportunity (art. 480), conducts initial documentation on similar projects (art. 482) and prepares the justification note, mandatorily aligned with sustainable development objectives (art. 483 para. 4), based on the urban certificate for information (art. 483 para. 5). The note includes the objective description, necessity, existing situation and benefits, similar projects, alignment with plans, objectives, funding sources, planned timeline, possible locations with legal, economic and technical regime (art. 484). The strategic brief presents sustainability, safety, risk, procurement, authorization and role strategies (art. 485 para. 1); it does not apply to national transport infrastructure (art. 485 para. 2). The content of the strategic brief (art. 486 para. 1) includes the purpose, functional requirements, quality and sustainability objectives, number of users, projected lifespan, urban fit, forms of allocation, specialties, key roles, preliminary studies and sustainability strategy. For projects financed entirely privately, the justification note and strategic brief are included in the business plan, whose preparation is optional (art. 487).

Chapter II - Stage 1, Design Brief and Feasibility (art. 489-497)

The design brief develops the strategic brief, identifies the actual location (art. 490 para. 1) and all mandatory building conditions; for each location an urban certificate for construction or for engineering works is obtained (art. 490 para. 3); preliminary geotechnical, hydrological and topographic studies are conducted (art. 490 para. 4) and, for interventions, a survey (art. 490 para. 7). The content of the brief (art. 491) includes the objective data, developer and beneficiary, objectives, location, existing and proposed situation, with purpose, envelope, areas, correlation with building conditions, quality objectives, target budget and budget margins.

The feasibility study identifies the location and optimal scenario and justifies the economic and financial opportunity (art. 492 para. 1); it is mandatory for projects funded from public sources (art. 492 para. 2) and is not mandatory for emergency interventions, current repairs, works by notification or without formality (art. 492 para. 3). For road infrastructure, it must include access to county capitals and measures for archaeological heritage and ecological corridors (art. 493). Analyses for each scenario: subject, specialist studies (financial and economic, sustainability, demand, risk) and cost estimation by reference to the benchmark index from art. 418 plus margin (art. 494). Framework content: existing situation, scenarios, optimal scenario, strategies, graphic representations, conclusions (art. 495 para. 1). Technical and economic indicators of the optimal scenario: estimated total value, minimum performance indicators, financial and socioeconomic indicators, execution duration (art. 496 para. 1); the study is approved according to Law no. 500/2002 and Law no. 273/2006 (art. 496 para. 6); exceeding maximum values or margins requires redoing the documentation and reapproval (art. 496 para. 7). Budget estimation takes into account land acquisition, development, environmental protection, utilities, design and supervision, construction, equipment, furnishing and related costs, including authorization fees (art. 497 para. 3).

Chapter III - Stage 2, concept (art. 498-502)

The designer proposes the volumetric solution and plan configuration, based on site constraints, ground studies and existing equipment (art. 498 para. 1); establishes structural typologies, installation types and energy concept (art. 498 para. 5). For public projects, the concept may result from a design competition (art. 498 para. 6). The concept defines spatial configuration, constructive feasibility, sustainability and energy efficiency (art. 499 para. 1) and must be approved by the client or developer (art. 499 para. 7). Content: architectural memorandum, preliminary dimensional elements, specialist memoranda, proposed execution schedule, preliminary cost estimate (art. 500 para. 2); drawings at scales of 1/2000 for site context, 1/500 to 1/250 for situation, 1/200 or 1/100 for plans, sections and elevations, plus volumetries and 3D images (art. 500 para. 3). Stage 2 studies: environmental impact, circulation, road safety audit, geotechnical and topographic (art. 501 para. 1); for interventions, diagnostic studies, expertise and energy audit (art. 501 para. 2). Estimation is done in general budget system on global indices (art. 502 para. 3).

Chapter IV - Stage 3, basic solutions and authorization (art. 503-504)

The stage begins with approval of the final design brief (art. 503 para. 1); stage documentation is the building authorization project, PAC (art. 503 para. 4), prepared according to annex no. 2 (art. 503 para. 8) and technically developed later without modifying basic elements (art. 503 para. 7). Final cost estimation is done by cost centres (art. 504 para. 1); the margin proposed by the designer for public projects must comply with annex no. 8 (art. 504 para. 2); costs for authorization fees are estimated in general budget system, on global indices (art. 504 para. 4).

Chapter V - Stage 4, technical development (art. 505-512)

The technical execution project and execution details are prepared (art. 505 para. 3), in one or two phases (art. 506 para. 4). The technical project complies with the authorization and urban planning regulations (art. 507 para. 2). Written documents (art. 508 para. 2) include memoranda, calculation notes, schedule, specifications, abstracts, monitoring programme for construction and for the first 10 years of operation (lit. i), general budget estimate on quantity lists (lit. j), maintenance cost estimation (lit. l) and time-dependent behaviour monitoring project (lit. m). Architectural drawings at scale 1/100, with site plan at 1/250 to 1/1000, layout plan and details at 1/50 (art. 508 para. 3); for structure, excavation plan, supports, foundations, plans for neighbouring protection, formwork, sections (art. 508 para. 4); for installations, plans at 1/100 and diagrams (art. 508 para. 5). Execution details (art. 509) include specifications, material extracts, technical sheets, updated schedule, final estimation on quantity lists, revised budget and details at scales from 1/20 to 1/2. The contractor may propose detail modifications without changing total cost, quality level or architectural solutions (art. 510 para. 1), only with the agreement of the designer and client (art. 510 para. 2); if modifications affect the authorization, a modification authorization is required (art. 510 para. 3). The technical project is verified according to art. 440 (art. 511). The final estimated budget includes the budget by work categories and serves as reference for tender evaluation (art. 512 para. 2 and 5).

Chapter VI - Stage 5, execution (art. 513-530)

The stage begins with the handover of the site and ends with acceptance upon completion of works (art. 513 para. 2). Before commencement, the developer ensures notification of authorities (art. 278), notification to the cultural heritage directorate, payment of I.S.C. fees, identification signage and execution organization project (art. 514 para. 1). The site is handed over by the site manager, based on a minutes of handover (art. 515 para. 1). The contractor prepares the health plan, work safety plan and waste disposal plan (art. 516 para. 2). Site organization is based on a project by the general contractor (art. 517 para. 1), subject to authorization (art. 517 para. 4), with temporary occupation of public domain taxed according to art. 486 of the Tax Code (art. 517 para. 3); the contractor obtains permits, builds the organization only on own land and returns temporarily occupied land (art. 517 para. 6). The contractor takes out site insurance against loss of the asset before completion (art. 519).

Quality monitoring is carried out mandatorily by the contractor through the technical manager, by the developer through the site manager, by the designer at key stages, by the control authority, by the beneficiary and by design specialists (art. 520 para. 3). Key stages: the contractor convenes the parties from the quality program; authorization to continue works is issued by the representative of the county construction inspectorate after checks from the control program (art. 520 para. 4). Technical assistance from the designer is mandatory (activities from art. 426 para. 1 lit. e, h, i, j, k) or optional (art. 521 para. 1 and 4) and includes arbitration of non-conformities, analysis of materials and manufacturing projects, solutions for unforeseen situations, site instructions, inspection notes and coordination meetings (art. 521 para. 5). Execution cost is the one contracted based on the offer and detailed budget (art. 523 para. 1). Cost monitoring is done by the site manager and/or project manager (art. 524 para. 7), recorded in reports with risks of overrun (art. 524 para. 6). The execution schedule is approved by the project manager or site manager, who reports monthly (art. 526 para. 2); delays attributable to the beneficiary give the contractor the right to additional costs (art. 526 para. 5).

Acceptance (art. 527-528). Acceptance has two stages: upon completion of works and final, upon expiry of warranty (art. 527 para. 2). Partial acceptances are possible for engineering works and, for buildings, for at least one distinct physical and functional section, at the beneficiary's decision, at the contractor's request, with the designer's approval (art. 527 para. 3). The building may be put into use only after acceptance upon completion of works, takeover by the beneficiary and obtaining use permits (art. 527 para. 4). Acceptance upon completion of works involves handover of the technical file and maintenance manual (art. 528 para. 2) and preparation of the viewpoints of designers and site manager, minutes of handover, technical file, user manual, instruction sheets and as-built project (art. 528 para. 3). Rule affecting residential complexes: acceptance is carried out only together with acceptance of connections to utility infrastructure for individual and collective housing complexes, public buildings and access roads (art. 528 para. 4).

Technical file (art. 529-530). Finalized upon acceptance at completion of works (art. 529 para. 1), mandatory in electronic format, uploaded to the National Register of Buildings, permanently connected to the cadastre and land register (art. 529 para. 2). Includes design, execution, acceptance, operation, monitoring, interventions and post-use documentation (art. 530 para. 1); prepared by the developer and handed over to the beneficiary (art. 530 para. 2); updates during execution are coordinated by the site manager (art. 530 para. 3); the owner keeps and updates it (art. 530 para. 4); for homeowners' associations, the administrator (art. 530 para. 6); operation provisions are mandatory for beneficiary, administrator and user (art. 530 para. 7); upon transfer, the physical and digital technical file is handed over to the new owner (art. 530 para. 8).

Chapter VII - Stage 6, handover of building (art. 531-533)

What it regulates. The warranty period and final acceptance. Article 531 is the reference for any buyer: minimum warranty by consequence classes and warranty for the entire duration of existence for structural defects.

Stage 6 begins after acceptance upon completion of works and ends with final acceptance (art. 531 para. 1). The contractor has the obligation to remedy hidden defects that appear during the warranty period (art. 531 para. 3). The warranty period is provided for in contracts, by consequence class, with minimum duration (art. 531 para. 6):

If warranty is not provided for in the contract, the minimum legal duration applies (art. 531 para. 7). Warranty is extended by addendum for the period necessary to remedy defects (art. 531 para. 8) and runs from the signing of the minutes of acceptance upon completion of works (art. 531 para. 9). Warranty for structural defects is granted for the entire duration of existence of the building (art. 531 para. 10). Evaluation at the end of warranty concludes with final acceptance (art. 532 para. 1); the commission may extend warranty until defects not caused by improper use are remedied (art. 532 para. 3); the beneficiary organizes final acceptance within maximum 10 days from warranty expiry (art. 532 para. 4). Maintenance (cleaning, current upkeep, inspections, replacements, repairs) is the responsibility of the beneficiary or user (art. 533).

Chapter VIII - Stage 7, building use (art. 534-537)

Stage 7 begins at handover to the beneficiary and ends at the expiration of the lifespan (art. 534 para. 1). Management and maintenance are the obligation of the beneficiary or user (art. 535 para. 2). End-of-life evaluation analyzes physical condition, durability, installations, requirement persistence, context and owner needs (art. 536 para. 1), plus operating costs compared to forecasts (art. 536 para. 3); it is the obligation of the developer or beneficiary (art. 536 para. 5) and is performed in the last three years of the standard lifespan (art. 536 para. 6). Periodic evaluations are typically conducted at 10-year intervals, unless prior expertise indicates otherwise (art. 536 para. 7). Post-use means either complete demolition (decommissioning, reuse of recoverable elements, waste recycling) or integration into a new project through refunctioning, modernization, rehabilitation, consolidation, restoration, extension or partial demolition (art. 537).

Title III - Investment project management (art. 538-555)

Every project has three interdependent dimensions: time, cost, quality (art. 538 para. 2). The project objective is defined by the beneficiary through a justification note (public) or business plan (private) (art. 539 para. 2-3). The management plan is prepared by the project manager, approved by the developer and is part of the strategic brief (art. 541 para. 1-2), covering scope, costs, schedule, procurement, human resources, theme, risks, special issues, quality and communication. Quality is approached from the perspective of user, product, value, uniqueness and manufacturer (art. 542 para. 2). Technical specifications are part of the technical project, developed by designers by specialty (art. 543 para. 1-2), concise and non-restrictive (art. 543 para. 3), and become part of the execution contract (art. 543 para. 4). The specifications for execution are prepared only after completion of the technical project, phase 1 (art. 544 para. 3). Cost estimation is done by the developer at initiation, by designers at feasibility and by the contractor at bidding (art. 546 para. 2); final cost and derived indicators (cost per sqm, per km) are reported to I.S.C. (art. 546 para. 4). The general budget is structured by chapters and subchapters (art. 547 para. 1), prepared by the beneficiary or developer, with zero budget margin at project completion (art. 547 para. 4). The general schedule is prepared by the project manager (art. 548 para. 1), and the execution schedule by the general contractor, becoming part of the contract (art. 549 para. 2).

Monitoring behavior over time (art. 550-551). Applies to all buildings, except those in CC1 (art. 550 para. 3); the beneficiary is responsible during the use period (art. 550 para. 4). Current monitoring is continuous, throughout the lifespan, through direct examination (art. 550 para. 6-7), according to the program in the technical project (art. 550 para. 8). Special monitoring applies to new buildings in CC3 and CC4 and those in use with dangerous evolution (art. 550 para. 10); for CC2 it may be temporary or permanent (art. 550 para. 11). Category and intervals are established by the designer or an accredited expert; the interval cannot exceed one year (art. 550 para. 12). Buildings in CC4 and those in CC3 in areas with ground acceleration of at least 0.35 g (average recurrence interval 475 years) are seismically instrumented, with at least one digital station and 4 triaxial sensors, one of which is free-field (art. 550 para. 14). Within 10 years of handover and then at 10-year intervals, the technical expert conducts an investigation and evaluation of the building (art. 550 para. 19), which may result in a certificate of good performance, repair or consolidation recommendations, reduction or extension of lifespan (art. 550 para. 21). Reports are recorded in the events log in the technical record (art. 550 para. 22); for CC3 and CC4, in a centralized database integrated into the National Building Register (art. 550 para. 23). The monitoring schedule is part of the technical project (art. 551 para. 4), updated by the developer through the project manager during execution and by the beneficiary during operation (art. 551 para. 6).

Risks, communication, human resources (art. 552-555). Risk categories: external (disasters, terrorism, war), realization (design, execution, approval, legal), in operation (technological, vandalism, fire, cyber) and data gaps (art. 552 para. 2); identified in the feasibility study or business plan (art. 552 para. 3). Internal communication includes handover to the beneficiary of the actual executed project and final cost, through the site manager (art. 554 lit. e). The project manager plans human resource requirements (art. 555 para. 2).

PART V - Risk assumption (art. 556)

What it regulates. Mandatory insurance for all involved parties. Together with guarantees from art. 531, they form the buyer's safety net.

Insurance is concluded with companies authorized by the Financial Supervisory Authority (art. 556 para. 6).

PART VI - Materials, products, equipment, systems, technologies (art. 557-571)

Title I - General provisions (art. 557-559)

A construction product is any product or set placed on the market for permanent incorporation into constructions, whose performance affects fundamental requirements (art. 557). Products with harmonised specifications follow Regulation (EU) No. 305/2011; others follow non-harmonised specifications or technical approval (art. 559).

Title II - Characteristics and performance (art. 560-563)

Conformity certification is carried out by the manufacturer, by notified or accredited bodies, in accordance with Regulation (EU) No. 305/2011 or Regulation (EU) 2024/3110 (art. 560 para. 1); use of products without certification and performance declaration is prohibited (art. 560 para. 2). Technical approval is a favourable assessment of fitness for use for procedures or products not subject to a standard (art. 561 para. 1), drawn up by a body authorised by the ministry and accompanied by the technical opinion of the Permanent Technical Council for Construction (art. 561 para. 3); it is mandatory only if products do not have CE marking and performance declaration (art. 561 para. 5). Approvals are granted for 3 years (art. 562 para. 1), and the technical opinion is valid for 3 years (art. 562 para. 3). The manufacturer, representative or importer holds the performance declaration and CE marking, the mutual recognition declaration, the declaration of conformity with the non-harmonised standard or the national declaration of conformity with the approval, the technical file, instructions, safety data sheet and, for products in contact with drinking water, the health opinion (art. 563 para. 1); documents are drawn up or translated into Romanian, and the distributor holds and supplies them along the distribution chain (art. 563 para. 3).

Title III - Regulation, approval, certification, monitoring and control (art. 564-568)

The competent ministry is the state authority in the field of construction products, the notification authority and designating authority of evaluation bodies to the European Commission and the authority authorising technical approval bodies (art. 564). The Permanent Technical Council for Construction (CTPC), a body without legal personality, with a president (the state secretary coordinating the construction field) and 8 members (art. 565 para. 2-3), evaluates and supervises approval bodies and issues technical opinions accompanying approvals (art. 565 para. 5). Market surveillance of construction products is carried out by I.S.C. for all products and by IGSU for fixed fire suppression and detection equipment and fire-resistant elements (art. 567 para. 1), through checks along the distribution chain, planned or unannounced inspections, sampling tested in independent laboratories and sanctions (art. 568).

PART VII - Sanctions (art. 569-572)

What it regulates. The offence of non-compliance with stability and resistance regulations, the 41 contraventions of the construction regime (quality), established exclusively by I.S.C., with a 5-year limitation period, and suspension of the right to practice for specialists.

Offences (art. 569). Designing, checking, expert assessment, execution of a construction or its modification without compliance with technical regulations on stability and resistance, if the life or bodily integrity of persons is endangered, is punished by imprisonment from one to 5 years and prohibition of certain rights (art. 569 para. 1). If the act resulted in loss of life, serious injury, destruction of the construction or other particularly serious consequences, the punishment is imprisonment from 3 to 10 years and prohibition of certain rights (art. 569 para. 2). Through negligence, the limits are reduced by half (art. 569 para. 3).

Contraventions of the construction regime (art. 570). Sanctioned by fine, without the possibility of warning (art. 570 para. 3), for natural and legal persons (art. 570 para. 2):

Verification and sanctioning are carried out by I.S.C., and for special constructions by SNAOPSN (art. 571 para. 1). By derogation from OG no. 2/2001, the right to verify and sanction is prescribed within 5 years from the commission of the act (art. 571 para. 2).

Suspension of the right to practice (art. 572). It is imposed as a complementary sanction, by law or upon request (art. 572 para. 1). The Ministry may suspend inspectors, experts and energy auditors, and I.S.C. may suspend site managers and technical supervisors, for: 6 months, for at least two contraventions among those in art. 570 para. 1 lit. c, g or h, i, p, q, nn during the validity period; 9 months, for the contravention regarding lack of insurance (lit. ee); 12 months, for more than four contraventions (art. 572 para. 2 and 4). Suspension by law occurs when practicing outside the validity period or upon judicial prohibition of the profession (art. 572 para. 6); when practicing outside the validity period, suspension operates for 3 months (exceeding between 3 and 12 months), 6 months (between 12 and 60 months) or 12 months (over 60 months) from the request for extension (art. 572 para. 7-8). Suspensions are recorded in the public registers of specialists (art. 572 para. 11).