Roles: beneficiary, developer, designers, contractors

PART III - Roles and responsibilities

Title I - General provisions (art. 419)

The factors involved are the beneficiary (owner or administrator), user, investor, developer, designers, verifiers and experts, contractors, monitoring and control factors, advisory and authorization factors and other factors (art. 419 para. 1); two or more roles may be combined (art. 419 para. 3).

Title II - Beneficiary, investor and user (art. 420-421)

The beneficiary is the holder of a principal real right or a right of claim over the property (art. 420 para. 1); the investor finances the contracts, monitors the project, carries out reception and takes over the construction (art. 420 para. 2). The beneficiary is the principal responsible for the construction and may transfer part of the responsibilities to a developer by contract (art. 420 para. 4). Responsible for the good faith selection of the project team (art. 420 para. 7). Obligations (art. 420 para. 8): engaging specialty designers; defining and assuming the design brief; assuming successive estimated budgets from stages 1-4; obtaining authorization or notification; execution only in accordance with authorization; putting into use only after reception at completion of works; putting permanent connections into operation; registration in the land register; maintaining fundamental requirements throughout the entire period of existence; maintenance and current repairs from the technical manual; preservation and handover of the technical manual upon disposal; compliance with the obligation to use the historical monument; monitoring behavior over time; interventions only on the basis of verified projects; post-use; civil liability insurance (lit. s). The beneficiary and developer are obliged to carry out reception at completion of works and final reception and to put connections into operation before operation (art. 420 para. 9). Insurance is not mandatory when the beneficiary is also the user of a single-family dwelling (art. 420 para. 10), for a single dwelling (art. 420 para. 11). The user uses the construction in accordance with the user manual, carries out contractual maintenance, intervenes only with the beneficiary's consent, notifies I.S.C. within 24 hours of technical accidents and notifies the beneficiary of defects (art. 421 para. 2).

Title III - Developer (art. 422)

What it regulates. The definition and obligations of the developer and, most importantly for the residential market, the regime for the sale of future dwellings: preliminary agreements only in authentic form after noting the authorization and opening of land registers for future units, reservations of maximum 60 days and 5% of the price, advances in dedicated account, with capped use.

The developer is a natural or legal person, public or private, who finances and carries out new construction or interventions, including real estate projects of the condominium or individual dwelling type for the purpose of disposal (art. 422 para. 1). Is the principal responsible for the work, without the possibility of transferring responsibilities to the beneficiary (art. 422 para. 3). Obligations (art. 422 para. 5): substantiation note for public projects and design brief for all projects, jointly assumed with the beneficiary; performance objectives, not below regulated criteria; obtaining permits and authorizations; design and execution by attested or certified persons; project verification by attested verifiers, independent of the designer; authorized site managers throughout; specifications for the selection of designer and contractor; resolution of non-conformities; organization of reception at completion of works and final reception at expiration of warranty; technical manual and registration in the National Register of Constructions; handover to beneficiary only after reception and putting permanent connections into operation (lit. k); civil liability insurance (lit. l).

Sale of future dwellings:

Title IV - Responsibilities of the beneficiary/developer by stage (art. 423)

At stage 0, the beneficiary establishes the project team and is responsible for documentation (art. 423 para. 1); at stage 1, the developer is responsible for the design brief and feasibility and procurement (art. 423 para. 2); at stage 2 the concept is received (art. 423 para. 3); at stage 3 the basic solutions are approved and authorization is obtained (art. 423 para. 4); at stage 4 approvals are obtained for the verified technical project, and if the technical project does not comply with the authorization, a modification authorization is requested (art. 423 para. 5). At stage 5 (execution), the developer keeps on site the authorization, the project marked for no changes, the technical project and details (art. 423 para. 6 lit. a), stops work at risks (lit. b) and upon discovery of archaeological remains, with automatic extension of contractual deadlines by the period of archaeological research, without penalties (lit. c), and reports quarterly on progress (lit. e). Upon completion: organizes reception based on the contractor's notification and finalizes it within 30 days of receiving the notification (art. 423 para. 7 lit. a); regularizes taxes and fees according to the final value established by I.S.C. (lit. b); declares the investment to the tax authorities (lit. c); obtains operating authorization (lit. d). At stage 6, the beneficiary organizes the final reception (art. 423 para. 8); at stage 7, the beneficiary and user are responsible for operation and monitoring of performance, and the beneficiary ensures final evaluation at the end of the standard period (art. 423 para. 9).

Title V - Designers (art. 424-434)

The designer is a graduate of higher education with a degree in construction and architecture specializations (art. 424 para. 1), responsible for documentation of stages 1-4 (art. 424 para. 2), with activity of public interest (art. 424 para. 3). Contractual conditions cannot establish responsibilities lower than those required by law (art. 424 para. 4). Designers are responsible for hidden defects appearing within 10 years of reception at the completion of work (art. 424 para. 5). When replacing a designer, the new designer assumes full responsibility, in writing, after concluding relations with the replaced one (art. 424 para. 6-7); the replaced one is responsible for what he signed, being exonerated if the solution was modified by him (art. 424 para. 8). The designer updates the general budget only at the written request of the beneficiary, exclusively for contracting (art. 424 para. 10) and is not involved in financial updates after execution begins (art. 424 para. 11). Main obligations (art. 426 para. 1): documentation of stages 1-4, specification of consequence class, quality level through projects and details, presentation before verifiers and resolution of non-conformities, execution and operation specifications, determining phases and participation in their verification, treatment of defects due to his fault, participation in reception, contractual technical assistance. The designer signs the minutes of determining phases and reception only after the site manager and the technical person responsible for execution (art. 426 para. 3) and is not responsible for quality control of execution (art. 426 para. 4).

Architects (art. 427-429). They practice the profession according to Law no. 184/2001, with or without signature rights (art. 427 para. 1-2). Specific activities under signature rights include architectural design, technical projects and details, feasibility and authorization documentation, coordination of specialty projects, CAD or BIM modeling, monitoring of implementation and reception of architectural works (art. 428 para. 2). Complementary activities, with other certifications: urbanism, technical verification, expertise, site management, technical responsibility, energy audit, judicial expertise (art. 428 para. 4). Without signature rights: design of projects not intended for authorization, interior design without authorizable works, furniture design, consultancy, applied arts, scenography, education, research, regulation, administration (art. 428 para. 5). The interior architect addresses any works in interior space, regardless of consequence class (art. 429 para. 1), with signature rights on approval and authorization documentation, design management, supervision and assistance (art. 429 para. 2).

Engineers (art. 430-431). The design engineer in construction holds an engineering degree from the fields of civil engineering, building services engineering or related fields (art. 430 para. 1). He prepares the technical memorandum, calculation summary, drawn part or brief for drafters, specifications, determining phases schedule, monitoring program and operation manuals (art. 430 para. 8). The technical drafter prepares digital models, drawn pieces and quantity lists, under verification by the architect or engineer (art. 430 para. 10-11). The landscape specialist is a graduate of studies of minimum 4 years in the field, or from related fields with postgraduate courses or with professional experience of minimum 5 years (art. 431 para. 1).

Design economic operators (art. 432). Legal entities according to Law no. 31/1990 or Law no. 184/2001, with main object of architecture and engineering, quality assurance system and professional civil liability insurance (art. 432 para. 1-2). Firms that do both architecture and engineering meet the requirements of both categories (art. 432 para. 3).

General designer and project manager (art. 433-434). The general designer is the operator or association contracted by the developer or beneficiary, responsible for the services provided, in its own capacity or through subcontractors (art. 433 para. 1-3); for separate contracts by specialty, one of the operators assumes the role of coordinator and project manager, stipulated in each contract (art. 433 para. 4). Submits for acceptance only projects compliant with the brief and verified for classes CC2, CC3 and CC4 (art. 433 para. 5 lit. d). The project manager is an architect with signing authority, interior architect with signing authority or design engineer, who leads the team (art. 434 para. 1), plans, coordinates and technically validates solutions, respecting the designer's vision (art. 434 para. 2). For civil buildings, the project manager is generally the architect (art. 434 para. 4); for buildings with specific programs, it may be the engineer, with an architect with signing authority in the team (art. 434 para. 5); for engineering, industrial or agrozootechnical constructions, the engineer or architect (art. 434 para. 6); for green spaces, the engineer, architect or landscape architect (art. 434 para. 7).

Title VI - Technical experts and project verifiers (art. 435-449)

Certified technical expert (art. 435-439). Architect or engineer certified in domains, who performs expertise of constructions, execution and, when required by law, of projects (art. 435 para. 1). Expertise of a project cannot be performed by the entity that elaborated or verified it (art. 435 para. 2). Historic monuments are expertised only by experts additionally certified in the field of monument protection (art. 436 para. 2). The right to practice is granted for an indefinite period and is confirmed every 5 years (art. 436 para. 3), with proof of experience and continuous training courses (art. 436 para. 4); after age 70, confirmation of work capacity and health is done annually (art. 436 para. 7). Expertise is mandatory for substantiating interventions on existing constructions, for disasters and accidents, upon expiration of the projected lifespan and for evaluating the influence of a construction or demolition on surroundings (art. 437 para. 2); it is also performed at the request of the beneficiary, insurers or courts (art. 437 para. 3). Expertises are recorded in the technical file, and the summary in the National Register of Constructions (art. 437 para. 4). Interventions on existing constructions are performed only based on diagnostic studies, technical expertise and energy audit (art. 438). Expert's obligations (art. 439 para. 1): technical statement of findings, compliance with regulations in force at the date of contract, limitation to certified domains, register of expertises, transmission of summaries, professional civil liability insurance. The expert is responsible for conclusions throughout the projected lifespan or until a new expertise (art. 439 para. 2); when evaluating an existing construction with a favorable conclusion, establishes a monitoring program in time and the period during which the construction may still function (art. 439 para. 3-4), and may extend the projected lifespan (art. 439 para. 5). Signing of documents not elaborated by him is prohibited (art. 439 para. 7).

Project verifiers (art. 440-449). Technical verification is performed by certified verifiers, other than the elaborators (art. 440 para. 1-2). Projects in class CC1 are not verified, responsibility falling exclusively on design architects and engineers (art. 440 para. 3). Verification levels (art. 440 para. 4):

Interventions on monuments are verified only by verifiers additionally certified in the field of monuments (art. 440 para. 5). Verifier obligations (art. 445 para. 1): compliance with regulations in force when submitting documentation for authorization, verification level corresponding to the class, limitation to certified fields, verification report, register, professional insurance. Verifies the authorization project, technical project and execution details (art. 445 para. 3), not feasibility studies, concept or actual executed project (art. 445 para. 4), not site provisions, except for consolidations and monuments (art. 445 para. 5), and not site works (art. 445 para. 6). Any intervention in choosing design solutions is prohibited (art. 445 para. 9). Liability: 10 years from handover of the building for verification conclusions and, thereafter, for the entire duration of existence, for structural defects resulting from non-compliance with design standards (art. 446 para. 1); limited to NVP2 and advanced to NVP3 and NVP4, overlapping with the designer's only for what was verified (art. 446 para. 2). Project verifier is the certified specialist who verifies projects in classes CC2, CC3 and CC4 (art. 447). Right to practice is granted for an indefinite period and is confirmed periodically (art. 448 para. 2). Technical verification companies are legal entities with architecture, engineering and testing activities (art. 449 para. 1), which cannot verify projects developed by them (art. 449 para. 2), are authorized by the ministry based on activity from the last fiscal year and employed verifiers (art. 449 para. 4), with confirmation once every 5 years (art. 449 para. 5); when verifying a company, liability falls to it (art. 449 para. 8).

Title VII - Contractors (art. 450-464)

Contractors are entrepreneurs, persons responsible for verifying execution (site manager and technical manager of execution) and consultants (art. 450 para. 2). They are liable for hidden defects appearing within 10 years from acceptance at completion of work and, after this period, for the entire duration of existence, for structural defects resulting from non-compliance with the project or execution standards (art. 451 para. 3). When replacing a contractor, the new contractor assumes full responsibility, in writing (art. 451 para. 4-5).

General Contractor art. 452. Legal entity or association contracted by the developer or beneficiary, which executes on its own or through subcontractors (art. 452 para. 1). Obligations (art. 452 para. 3): reporting non-conformities in projects; reporting to I.S.C. within 24 hours, through the technical manager, for technical accidents; starting work only on authorized buildings and verified projects; own quality system with authorized technical managers; convening parties at determining phases; resolving non-conformities only through designer solutions; exclusive use of certified or approved products and management of witness samples; compliance with projects; submission for acceptance only of conforming buildings, with delivery of documents for the technical file; fulfillment of measures from control acts; remedying defects due to its fault, in execution and during the warranty period from art. 531 (lit. k); restoring land to initial state; notifying completion and requesting the reception committee; environmental protection. Liable to the beneficiary for the entire work (art. 452 para. 4). Specialty contractor is liable to the general contractor for its part (art. 453 para. 2).

Site Manager art. 454-456. Authorized specialist who verifies correct execution (art. 454 para. 1), employed or contracted by the developer or beneficiary, independent of other parties (art. 454 para. 2); activity is incompatible with design, execution, verification or expertise of the same work (art. 454 para. 3). Authorization and confirmation are done by I.S.C. (art. 454 para. 4). For historic monuments, only additionally authorized managers (art. 454 para. 5). Duties (art. 456 para. 1): knowledge of projects; direct participation in continuous verification and determining phases; non-conformity reports to designer; stopping work at accidents or deviations, with notification to I.S.C. within 24 hours, and resumption only after remediation (lit. d); electronic activity register; continuous improvement; professional insurance; secretariat of reception committee, reception documents and technical file (lit. j).

Technical Manager of Execution art. 457-459. Authorized specialist who ensures execution quality which he technically coordinates (art. 457 para. 1), employed or contracted by the contractor (art. 457 para. 2), authorized by I.S.C. (art. 457 para. 3). Duties (art. 459 para. 1): verifies existence of execution sheets and procedures, schedules, participates in continuous verification and determining phases, makes documentation available to developer for technical file, stops work at non-conformities and accidents, with notification to I.S.C. within 24 hours, keeps electronic register, concludes professional insurance. I.S.C. may authorize one person simultaneously as manager and technical manager, as execution specialist, respecting incompatibilities (art. 459 para. 3).

Consultants, project manager, other specialists (art. 460-462). Consultants are of two categories: those of the beneficiary or developer (stages 0 and 1, site supervision, occupational safety, procurement, costs, legal, financial) and specialized ones (fire, facades, environment, lifts, security, IT), who do not sign the project (art. 460 para. 2); they are contractually liable, without quality responsibilities (art. 460 para. 3). For constructions from public funds with mandatory consultancy, the consultant or supervisor becomes an involved factor in the quality system, jointly and severally with designers and contractors (art. 460 para. 4), with the obligation to engage certified specialists, to keep daily reports during execution and quarterly reports during warranty (art. 460 para. 5). The project manager plans, organizes and coordinates activities (art. 461 para. 1), from the developer's structure or contracted (art. 461 para. 3), with economic-financial, organizational, administrative and executive duties (art. 461 para. 4). Other specialists (technologist, archaeologist, historian, landscape architect, geotechnician, energy auditor, lawyers, cost estimators) work on a contractual basis and are contractually liable (art. 462).

Laboratories and bodies (art. 463-464). Laboratories perform analyses and tests during execution, at expert assessment and during behaviour monitoring, as well as tests on products (art. 463). Product evaluation bodies are authorized and supervised according to European regulations (art. 464).

Title VIII - Factors with supervision and control duties (art. 465-473)

S.C.C. (art. 465-466). State quality control applies to all constructions, regardless of ownership, purpose, class or financing (art. 465 para. 2). Objectives: fulfilment of legal obligations by authorities and operators, compliance with technical regulations in product manufacturing and in design, execution, operation and post-use of constructions, compliance with authorizations and approvals, improvement of the quality system (art. 466 para. 2). Exception with practical impact: constructions in class CC1 located in rural areas and in villages belonging to municipalities and cities, temporary constructions and works that can be executed without authorization are not subject to S.C.C. control; these fall under the control of local authorities (art. 466 para. 5).

IGSU (art. 467). Approves and authorizes fire safety and civil protection according to Law no. 307/2006 and Law no. 481/2004, controls compliance with approvals and authorizations, participates in reception committees, supervises the market for products from art. 567 lit. b, issues the Seveso opinion and controls territorial compatibility.

Local Police (art. 468). Controls works executed without authorization or in breach of it, including temporary constructions, repairs to the roadway, participates in demolitions of constructions on public domain and establishes contraventions, forwarding the minutes to the president of the county council or mayor for the application of the penalty.

Other factors (art. 469-473). SNAOPSN institutions control military and special objectives (art. 469). Factors with authorization duties are local authorities, ministries of transport, gas and energy and SNAOPSN institutions; approval factors are network operators, transport infrastructure administrators, central authorities for transport, environment, health, heritage, fire and civil protection (art. 470). Professional associations supervise the quality of specialists' services (art. 471 para. 2), participate mandatorily in the ministry's social dialogue committees (art. 471 para. 4) and are represented in the builders' certification body (art. 471 para. 5). Insurance companies have no obligations regarding construction quality, beyond insurance contracts (art. 472). The financier has no quality obligations, except where they are also beneficiary, investor or developer (art. 473 para. 2).