New Construction Quality Assurance Act: Everything you need to know about it

To improve the quality of construction works and construction supervision, the government has adopted a new law: the Construction Quality Assurance Act. This law will come into effect gradually from July 1, 2022.

Increased build quality

Residents of rental or owner-occupied homes and users of commercial properties benefit from high-quality buildings. Good insulation, fire safety and the use of high-quality building materials ensure a safer home and lower energy consumption. To get there Certainly To ensure that the applicable quality requirements are followed, more supervision of construction is needed. This is the idea behind the introduction of the Quality Assurance Act.

Quality assurance

The law changes the way in which testing and control of the quality of construction projects takes place. The Building Decree and the quality requirements that must be applied remain the same. However, from now on assessment will take place by independent inspectors and they use a tool from the government. The new law ensures that projects take more time in the initial phase, but ultimately helps to prevent construction errors, saving time and costs.

Your liability as a contractor

The Quality Assurance Act expands the liability of contractors and thus strengthens the position of clients. Contractors will be held responsible for the consequences of any self-inflicted fault or defect in the construction work. The client can oblige the contractor to correct the error, even if an error is only discovered years later. The contractor must also inform the client about the extent to which he has insured himself against risks.

Five important points from the Construction Quality Assurance Act:

• The current municipal supervision will expire. A segment of the construction projects will become Building Decree test-free, while the construction quality of the remainder will be tested through independent quality assurance;
• Supervision and control is only carried out by independent inspectors (quality assurance);
• Tightening the liability of contractors. The contractor is responsible for all self-induced errors and/or defects in the construction work. This is also possible for errors that are only identified (years) after the delivery phase;
• Both the quality assurance and the municipality have the option to stop construction if they discover a problem with the structure;
• The permit system is being abandoned. Control tasks are taken over by independently appointed quality assurance officers.

Introduction of the Quality Assurance Act can have a major impact on you as an entrepreneur, or as a contractor, supplier or self-employed person in the construction industry. The law extends liability. This makes it extra important to cover yourself against risks, using a business liability insurance (AVB) or CAR insurance for the build.

The WKb in brief

The law is intended to improve and guarantee the quality of construction works. The part of the Quality Assurance Act that tightens the liability of contractors will be effective from the effective date for all types of buildings apply. The part that prescribes the adapted method of quality assurance will be gradually introduced. This is expected to initially only apply to less complex construction projects (simpler buildings) so that both construction and municipalities have time to get used to the new working method. In that context, small-scale projects are also being started pilots to test implementation and enforcement of the law.

We can imagine that you have questions about your risks and/or liability. The HBR/Klap advisors are of course ready to assist you. Please contact Brian Gal by telephone

06 – 50886616 or email brian.gal@hbrbranche.nl.

Source: Clap