building control systems and technical control activities

Building Control Systems and Technical Control Activities

in Belgium, The Netherlands, Sweden and France

Jonas Deman

Dissertation to obtain the Master Science Degree in

Civil Engineering

Chairperson: Prof. Albano Luís Rebelo da Silva das Neves e Sousa Supervisors: Prof. Nuno Gonçalo Cordeiro Marques de Almeida Eng. Margarida Enrech Casaleiro Proença Members of the committee: Prof. Luís Manuel Alves Dias Prof. Vitor Faria e Sousa

July 2013

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ABSTRACT

In the European union, building regulations and technical control activities should guarantee that newly

built or existing buildings are safe, healthy, environment friendly and comfortable for users and visitors.

To ensure this, an appropriate system of building control is essential. In Europe, authorities operate

building procedures to assure basic construction quality, and to verify that new buildings are appropriate

to the location in which they are to be built. In many European countries, private and public

organizations play an important role in conducting building plan checks and site inspections to ensure

compliance with public regulations.

This dissertation describes the accreditation of technical control activities in Belgium, the Netherlands,

Sweden and France. The legal and technical frameworks of technical control activities of each country

are as well explained. The dissertation compares the building control systems of four European

countries and is focused on the regulatory framework, plan approval, main control activities, different

missions, the purpose of technical control and construction control system. The information was

organized in thematic tables in which the countries are discussed. In addition to the comparison, there

are two case studies. Information about technical inspections in Belgium is presented in case study one.

The second case study is about technical control carried out by the municipalities in the Netherlands.

The main conclusion is that the building control systems of European countries have many

resemblances. Public parties check planning demands, grant building permits and completion

certificate, supervise the private parties. They maintain a dominant role. The main differences between

countries are the responsible parties for checking the technical requirements of the drawings during the

plan approval and the site inspections during the execution. This differences are experienced in this

dissertation.

Keywords: Building control, Technical control activities, Building regulations, Accreditation, technical

inspection

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ACKNOWLEDGMENTS

This research project would not have been possible without the support of many people. First, I would

like to express my gratitude towards my two supervisors, Prof. Nuno Gonçalo Cordeiro Marques de

Almeida and Eng. Margarida Enrech Casaleiro Proença who were abundantly helpful and offered

invaluable guidance, constant support and assistance. Anytime we could ask them for guidance and

help. I appreciate their understanding, experience, attention to detail, patience, vast knowledge and

skill in this subject. Without their help it would not have been possible to complete this research.

I would also like to express my gratitude to SECO, a technical control bureau in Belgium. In order to

learn more about technical control in Belgium an interview with Daniel Beurms, Business Development

Manager, and Bram Van der Stocken, project engineer, took place on the 6th of February. They granted

me important documents for my case study about site inspections in Belgium.

I would like to thank the Belgian insurance company ‘Protect’ for the valuable information that I

received. Also Wico Ankersmit, the director of the Construction and housing control association in the

Netherlands (Vereniging Bouw- en Woningtoezicht Nederland), for granting me lots of useful information

for my case study about technical control of the municipalities in the Netherlands.

A very special thanks goes out to Prof. Nuno Gonçalo Cordeiro Marques de Almeida, without his

motivation and encouragement I would not have been able to do my Master dissertation at Instituto

Superior Técnico Lisboa.

I would like to thank Hogeschool Gent as well for the possibility of the Erasmus exchange programme

and for the financial assistance.

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INDEX

ABSTRACT ................................................................................................................................................. I

ACKNOWLEDGMENTS ............................................................................................................................ III

INDEX .........................................................................................................................................................V

LIST OF FIGURES ....................................................................................................................................IX

LIST OF TABLES ......................................................................................................................................IX

ABBREVIATIONS ......................................................................................................................................XI

1. INTRODUCTION ................................................................................................................................ 1

1.1 SCOPE AND GOALS........................................................................................................................ 1

1.2 ORGANIZATION ............................................................................................................................. 1

2. ACCREDITATION OF TECHNICAL CONTROL ACTIVITIES .......................................................... 3

2.1 THE CONCEPTS OF CONFORMITY ASSESSMENT AND ACCREDITATION ................................................ 3

2.1.1 Conformity assessment .......................................................................................................... 3

2.1.2 Conformity assessment terms relating to attestation ............................................................. 4

2.1.3 Concept of accreditation ......................................................................................................... 5

2.1.4 Value of accreditation ............................................................................................................. 6

2.2 DESCRIPTION OF ACCREDITATION SCHEMES OF TECHNICAL CONTROL ACTIVITIES ............................. 7

2.2.1 Accreditation in Belgium ......................................................................................................... 7

2.2.2 Accreditation in The Netherlands ........................................................................................... 8

2.2.3 Accreditation in Sweden ......................................................................................................... 8

2.2.4 Accreditation in France .......................................................................................................... 9

3. LEGAL AND TECHNICAL FRAMEWORKS OF TECHNICAL CONTROL ACTIVITIES ............... 11

3.1 ORIGIN OF ANALYSIS CRITERIA .................................................................................................... 11

3.2 ANALYSIS CRITERIA ..................................................................................................................... 11

3.2.1 Legislation and/or standards ................................................................................................ 11

3.2.2 Various interested parties and their interrelations ................................................................ 11

3.2.3 Construction control system ................................................................................................. 13

3.2.4 The purpose of technical control activities ........................................................................... 13

3.2.5 Different missions ................................................................................................................. 13

3.2.6 Main technical control activities ............................................................................................ 13

3.2.7 Number of control bodies ..................................................................................................... 13

3.3 BELGIUM .................................................................................................................................... 13


3.3.2 Various interested parties and their interrelations – responsibility ....................................... 15

3.3.3 Construction regulatory system ............................................................................................ 18





3.4 THE NETHERLANDS ..................................................................................................................... 20






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3.5 SWEDEN ..................................................................................................................................... 25








3.6 FRANCE...................................................................................................................................... 31








4. COMPARISON OF LEGAL AND TECHNICAL FRAMEWORKS OF TECHNICAL CONTROL

ACTIVITIES .............................................................................................................................................. 37

4.1 COMPARATIVE ANALYSIS OF THE LEGISLATION AND CONSTRUCTION REGULATORY SYSTEM ............. 37

4.1.1 Regulatory framework .......................................................................................................... 37

4.1.2 Application for a building permit – Plan approval ................................................................. 38

4.1.3 Private – public organizations ............................................................................................... 39

4.2 COMPARISON OF THE MAIN CONTROL ACTIVITIES .......................................................................... 41

4.2.1 Control during design phase ................................................................................................. 41

4.2.2 Control during execution phase ............................................................................................ 41

4.2.3 Completion ............................................................................................................................ 42

4.2.4 Maintenance and use ........................................................................................................... 42

4.3 COMPARISON OF THE DIFFERENT MISSIONS .................................................................................. 42

5. CASE STUDY 1: TECHNICAL INSPECTIONS IN BELGIUM ........................................................ 45

5.1 METHODOLOGY OF TECHNICAL INSPECTIONS ................................................................................ 45

5.2 REPORT OF DOCUMENTATION REVIEW .......................................................................................... 46

5.3 VISIT REPORT OF SITE INSPECTIONS ............................................................................................. 46

5.4 EXAMPLE OF A VISIT REPORT – ROOFING ...................................................................................... 47

5.4.1 Description of the work ......................................................................................................... 47

5.4.2 Determined quality defects ................................................................................................... 47

5.4.3 Risks in long terms ............................................................................................................... 47

5.4.4 References with the correct execution ................................................................................. 48

5.4.5 Executed adjustments .......................................................................................................... 48

5.5 EXAMPLE OF A VISIT REPORT – REINFORCEMENT .......................................................................... 48

5.5.1 Description of the work ......................................................................................................... 48

5.5.2 Determined quality defects ................................................................................................... 49

5.5.3 Risks in long terms ............................................................................................................... 49

5.5.4 Executed adjustments .......................................................................................................... 49

6. CASE STUDY 2: TECHNICAL CONTROL BY THE MUNICIPALITIES IN THE NETHERLANDS 51

6.1 INTRODUCTION TO THE COMPREHENSIVE CONTROL PROTOCOL ...................................................... 51

6.2 DETAILED STRUCTURE OF THE PROTOCOL .................................................................................... 53

6.2.1 Category classification – checklists ...................................................................................... 53

6.2.2 Supervision Matrix ................................................................................................................ 53

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6.3 CHECKLISTS ............................................................................................................................... 55

6.3.1 Checklists for the execution phase ....................................................................................... 56

6.3.2 Checklists for the use phase ................................................................................................ 56

6.3.3 Checklists for the demolition phase ...................................................................................... 56

7. CONCLUSION.................................................................................................................................. 57

7.1 MAIN CONTRIBUTIONS ................................................................................................................. 57

7.2 FUTURE DEVELOPMENTS ............................................................................................................. 58

REFERENCES ......................................................................................................................................... 61

APPENDICES .......................................................................................................................................... 65

APPENDIX A: BELGIAN ACCREDITATION CERTIFICATE OF SECO GRANTED BY BELAC ................................ 67

APPENDIX B: COMPARISON GRID OF TECHNICAL REGULATIONS AND BUILDING PERMIT, CONSTRUCTION

REGULATORY SYSTEM AND NUMBER OF CONTROL BODIES ......................................................................... 71

APPENDIX C: COMPARISON GRID OF THE MAIN TECHNICAL CONTROL ACTIVITIES ADAPTED FROM MIKULITS,

2006 ...................................................................................................................................................... 75

APPENDIX D: COMPARISON GRID OF DIFFERENT MISSIONS OF TECHNICAL CONTROL ACTIVITIES................... 79

APPENDIX E: TEMPLATE FOR A REPORT OF REVIEW OF DOCUMENTATION ................................................... 84

APPENDIX F: TEMPLATE FOR A VISIT REPORT OF SITE INSPECTIONS ........................................................... 88

APPENDIX G: EXAMPLE OF A VISIT REPORT – ROOFING ............................................................................. 94

APPENDIX H: EXAMPLE OF A VISIT REPORT – REINFORCEMENT ................................................................ 100

APPENDIX I: EXAMPLE OF A VISIT REPORT .............................................................................................. 106

APPENDIX J: EXAMPLE OF A VISIT REPORT .............................................................................................. 112

APPENDIX K: EXAMPLE OF A VISIT REPORT ............................................................................................. 118

APPENDIX L: EXAMPLE OF A VISIT REPORT ............................................................................................. 124

APPENDIX M: SUPERVISION MATRIX (HOUSING AND PUBLIC) .................................................................. 130

APPENDIX N: SUPERVISION MATRIX (COMPANIES AND OTHERS) ............................................................... 134

APPENDIX O: CHECKLIST ITP DURING EXECUTION PHASE (CATEGORY III- PUBLIC/ENTERPRISES) ............. 137

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LIST OF FIGURES

Figure 1: Inspection activities of inspection bodies (ISO 17020, 2012) .................................................... 4

Figure 2: An example of conformity assessment model (UNIDO, 2010) ................................................... 5

Figure 3: Hierarchy of conformity assessment activities ............................................................................ 6

Figure 4: Importance that certification is covered by accreditation (IAF, 2012) ........................................ 7

Figure 5: Reconized stardards of Swedac (Swedac, 2013) ....................................................................... 9

Figure 6: Insurance policies in Belgium (Ramboer, 2008) ....................................................................... 17

Figure 7: Correct execution of the cavity cover and roofing (SECO, 2012) ............................................. 48

Figure 8: Vaults (Seco, 2013) ................................................................................................................... 49

Figure 9: Erroneously placed reinforcement: (Seco, 2013) ...................................................................... 49

Figure 10: The Big Eight (iTP, 2013) ........................................................................................................ 52

Figure 11: Category classification (iTP, 2013) ......................................................................................... 53

Figure 12: Supervision code of the supervision matrix (BWT, 2013) ....................................................... 54

Figure 13: Supervision code ..................................................................................................................... 55

Figure 14: Eaves of the roof ..................................................................................................................... 97

Figure 15: Correct drawing of the eaves with the wooden cover plate .................................................... 97

Figure 16: Cracks in the EPDM ................................................................................................................ 98

Figure 17: Bubbles and wrinkles in the EPDM ......................................................................................... 98

Figure 18: Insulation is movable ............................................................................................................... 99

Figure 19: execution of the floor (the vaults) .......................................................................................... 103

Figure 20: Execution of the reinforcement ............................................................................................. 103

Figure 21: Execution of the reinforcement ............................................................................................. 104

LIST OF TABLES

Table 1: Origin of analysis criteria ............................................................................................................ 12

Table 2: 8 classes of building constructors (SECO, 2012) ....................................................................... 16

Table 3: Level of building regulations and rules set up by public parties (Pedro et al., 2009) ................. 37

Table 4: Responsibility of the design(Pedro et al., 2009) ......................................................................... 39

Table 5: Level public parties check the planning demands of a building permit application (Pedro et al.,

2009) ......................................................................................................................................................... 39

Table 6: Principal elements of building control, adapted and updated from the results of the CEBC

research project (Mikulits, 2006) .............................................................................................................. 40

Table 7: Involvement of site inspections (Pedro et al., 2009) .................................................................. 41

Table 8: Completion certificate/ Use permit (if required) (Pedro et al., 2009) .......................................... 42

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ABBREVIATIONS

AB Swedish General Conditions of Contract

AB04 Swedish General Conditions of Contract for Building, Civil Engineering and

Installation Work

AB06 Swedish General Conditions of Contract for Building, Civil Engineering and

Installation Work performed on a package deal basis

ABK 96 Swedish Standard terms and conditions for consulting agreements for

architectural and engineering services

ABR The policy all site risks (Alle bouwplaatsrisico’s)

AFNOR French standardization organization

ATG Technical approval in Belgium

BELAC Belgian accreditation body

BIN Belgian Institute for Standardization

BKK Construction Contracts Committee (Byggandets Kontraktskommitté)

BNA Professional Association of Dutch Architects (Bond van Nederlandse

architecten)

Bor Environmental Law Decree (Besluit omgevingsrecht)

BRL National assessment guideline (Beoordelingsrichtlijn)

BUtgb Belgian Union for the technical approval in construction

BWT Construction and housing control association (Bouw- en Woningtoezicht)

CASCO Committee on conformity assessment

CCH Housing and Building Code (Code de la Construction et de l'Habitation)

CCS The specification of the special provisions Le cahier des clauses spéciales

CCT The technical specification document (Le cahier des clauses techniques)

CEA Centre for insurance studies (Centre d’Etudes d’Assurances)

CEBC Consortium of European Building Control

COFRAC The French committee of accreditation (Comité Français d'Accreditation)

CPR Construction Product Regulations

CSTB Scientific and Technical Construction Centre (Centre Scientifique et Technique

du Bâtiment)

DGV Federal governmental office in Belgium

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DNR The new rules 2011 – legal relationship between an architect, engineer(s) and

the client (De nieuwe regeling 2011)

DO Damage to works (Dommage Ouvrage)

DTU’s Documents Techniques Unifiés

EA European accreditation cooperation

EN European standards

EPC Energy performance certificate

EPN Energy Performance Norm

IAF International Accreditation Forum

IEC International Electrotechnical Commission

ILAC International Laboratory Accreditation Cooperation

IMIA The International Association of Engineering Insurers

ISO International organization for standardization

iTP Comprehensive control protocol (Intergraal toezicht protocol)

NBN Belgian standards

NEN Dutch national standards

NF French standards (Normes Françaises)

NKO Dutch calibration organization (Nederlandse Kalibratie Organisatie)

NROA National Council of the Order of Architects

NS Norwegian Standards

NVBR Rural fire prevention network (Netwerk van brandpreventie)

OTB Research Institute For the Built Environment in the Netherlands

PRC International Building Center, Delft University of Technology

PTV’s Technical Prescriptions (Prescriptions Techniques)

QAS Quality Assurance Supervisor

RFCT Final report after a execution phase in France

RICT Initial report of technical control (Rapport Initial de Contrôle Technique)

RVA Dutch Accreditation Council

RVRAT A report that mainly covers all work under the Fire Safety for public buildings

(Rapport de Vérification Réglementaire Après Travaux)

SECO Belgian Technical control body

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SP Swedish National Testing and Research Institute

SS-EN Swedish Standards

SSENV European Pre-standards

STS Unified technical specifications (Spécifications Techniques unifiées)

Swedac Swedish Board for Accreditation and Conformity Assessment

TV Technical reports (Technische voorlichtingsnota’s)

UAV Uniform Administrative conditions for works and technical installations 2012

(Uniforme Administratieve Voorwaarden voor de uitvoering van werken en van

technische installatiewerken 2012)

UNIDO The United Nations Industrial Development Organization

VROM Ministry of Housing, Spatial Planning and the Environment

WABO General provisions environmental law (wet algemene bepalingen

omgevingsrecht)

WTCB Belgian Building Research Institute

YSE Finnish general conditions for construction contracts

1

1. INTRODUCTION

This first chapter is an introduction to the dissertation submitted in partial fulfillment of the

requirements for the Degree of Master of Applied Engineering Construction at the University

Hogeschool GENT and Instituto Superior Técnico LISBON as part of the Erasmus exchange

programme. This dissertation is the result of a research project focusing on building regulations

systems and implementation of building control in 8 European countries: Belgium, the Netherlands,

Sweden, France, UK England and Wales, Germany, UK Northern Ireland and Scotland. The output of

this research project are two Master dissertations. This dissertation focusses on the case studies of

Belgium, the Netherlands, Sweden and France.

1.1 Scope and goals

Developments in the construction world gave rise to the need of organizing public building control. In

Europe, authorities operate building procedures to assure basic construction quality, and to verify that

new buildings are appropriate to the location in which they are to be built. However, the organization

of building control varies. In many European countries, private and public organizations play an

important role in conducting building plan checks and site inspections to ensure compliance with

public regulations.

In the search for a more effective and efficient organization of building control, a comparison of the

approaches adopted by other European countries is useful. The central question concerns the

requirements for an effective and efficient building control system. The purpose of this study is to

compare the building control systems of the selected European countries.

In this dissertation the following research questions are successively answered: What is technical

control? What is the concept of accreditation of technical control bodies? What are the accreditation

schemes in each country? What are the characteristics and the organization schemes of building

control systems in the European countries? What legislation and which standards and technical

documents apply to the technical control activities? What are the various interested parties in the

technical control activities and their interrelations? What is the purpose of technical control activities?

What are the main technical control activities? What are the main problems of the current organization

of building control? What are the interesting elements of the regulatory systems of the different

countries that contribute to effective and efficient building control and could be the ingredients for an

harmonized system of building control in Europe?

1.2 Organization

This first chapter is an introduction to the dissertation. It explains the scope, the goal and the

methodology of this research.

During the last decade the number of researches on this subject has been increasing. The quality of

control is an important subject. The second chapter describes accreditation of technical control

activities in the different European countries. At first, the concept of conformity assessment and

2

accreditation is clearly explained. Afterwards the following paragraphs unveil the accreditation

schemes of each country.

The legal and technical frameworks of technical control activities are explained in the third chapter.

The first part of the third chapter describes the different criteria which are used to discuss the

technical frameworks. Each country is discussed separately according to the same criteria. At the end

of chapter three a comparison grid of the technical control activities in the different European

countries is presented. The results of this comparison can be found in the fourth chapter.

In addition to the comparison of the different European countries, two case studies are also presented

in chapter five and six. The first case study is about the site inspections in Belgium. The second case

study is about how technical control is carried out by the municipalities in the Netherlands. The

conclusion can be found in chapter seven.

3

2. ACCREDITATION OF TECHNICAL CONTROL ACTIVITIES

This section describes the concepts of conformity assessment and accreditation. The description of

accreditation schemes of four European countries are also discussed.

2.1 The concepts of conformity assessment and accreditation

In order to discuss the concepts of conformity assessment and accreditation, it is important to use the

consensual definitions. Such as those of the ISO 17000 standard, and to frame this definitions within

the scope of conformity assessment.

2.1.1 Conformity assessment

The ISO/CASCO committee gives the following definition for conformity assessment: “demonstration

that specified requirements relating to a product, process, system, person or body are fulfilled” (ISO

17000, 2004; ISO 17020, 2012). “Accreditation” is a term related to conformity assessment in general.

In order to identify the parties which might be involved in conformity assessment it is useful to refer to

first, second and third parties. For each party an example is given, which is applied to a product. The

differences can be distinguished taking the ISO 17000 into consideration.

The first-party provides the product and is responsible for its conformity with the specified

requirements. These requirements could be the first party’s own specification, a specification provided

by the purchaser or legal requirements relating to the product or any combination of the three. For

example a concrete factory that provides concrete could be the first party.

The second-party is performed by a person or organization that has a user interest in the object. The

second party specifies its requirements and is responsible for assuring itself that the product conforms

to them. Applied to the previous example: a building constructor who’s buying the concrete.

The activity performed by a person of body that is independent of the person or organization that

provides the object, and of user interests in that object. This is a third-party conformity assessment

activity. They could be requested by the first or second party to assess conformity of the product with

the specified requirements and would be responsible for providing a statement of conformity (or

nonconformity). Applied to the previous example: the second-party, the building constructor, uses the

help of a technical control bureau to check if the concrete has the required quality.

The main forms of conformity assessment are testing, inspection, certification and accreditation,

which are briefly described below:

Testing: determination of one or more characteristics of an object of conformity assessment,

according to a procedure. Testing typically applies to materials, products or processes. For

example testing the compressive strength of concrete. The requirements for testing bodies

are specified in ISO/IEC 17020.

4

Inspection describes the regular checking of product design, product process or installation to

make sure it meets specified criteria. For example fire extinguishers need to undergo regular

inspection to make sure they remain safe for use. The requirements for inspection bodies are

specified in ISO/IEC 17020. The main objective of the ISO/IEC 17020 standard is to promote

confidence in bodies performing inspection. Inspection bodies carry out assessments on

behalf of private clients, their parent organizations, or authorities, with the objective of

providing information about the conformity of inspected items with regulations, standards,

specifications, inspection schemes or contracts (ISO 17020, 2012). Figure 1 shows the

inspection activities of inspection bodies.

Certification is a third party attestation related to the product, process, persons or system in

question meets specific requirements. Certification is also known as third party conformity

assessment. For example, in Belgium; if a construction product has the required quality, then

the construction product can receive a ATG-certificate. An ATG-certificate is a technical

approval certificate used in Belgium.

Accreditation is a conformity assessment technique specifically related to the assessment of

the certification bodies by a third party body, generally known as an accreditation body. The

requirements for accreditation bodies are specified in ISO/IEC 17011.

An example of a conformity assessment model is presented in Figure 2. This model for conformity

assessment for trade was developed in 2010 by the UNIDO and ISO.

Third-party conformity assessment services such as a product certification needs to be confirmed by

an independent accreditation body. The suppliers and customers require some independent

confirmation of the conformity of goods and services. There are mechanisms to ensure that all service

providers are competent. Accreditation often used for this purpose. Paragraph 2.1.3 describes the

concept of accreditation more in detail (UNIDO, 2010).

2.1.2 Conformity assessment terms relating to attestation

Attestation is the issue of a statement, based on a decision following review, that fulfillment of

specified requirements has been demonstrated (ISO 17000, 2004).

Figure 1: Inspection activities of inspection bodies (ISO 17020, 2012)

5

We can distinguish three kinds of attestations: declaration, certification and accreditation. Declaration

is a first-party attestation. Certification is a third-party attestation that is related to products, processes,

systems or persons. And Accreditation is a third party attestation that is related to conformity

assessment body conveying formal demonstration of its competence to carry out specific conformity

assessment tasks.

2.1.3 Concept of accreditation

Consumers benefit from conformity assessment because it provides them with a basis for selecting

products or services. Customers seeking quality may have more confidence in products or services

that are supported by a formal supplier’s declaration, or that bear a mark or certificate of conformity,

that attests to quality, safety or other desirable characteristics. It is essential to gain the confidence in

the conformity of products and services and of the authorities in charge of the market.

In order to get their certificates the organizations need certification bodies. Those certification bodies

must be accredited by an accreditation body. An accreditation body is authoritative body that performs

accreditation (ISO 17000, 2004).

Accreditation is an attestation granted by a third party related to a body for conformity assessment,

such as a laboratory, an inspection or a certification body. This certificate is granted by an

accreditation body after a thorough assessment based on internationally recognized requirements; it

conveys the formal demonstration of the competence of the organization to carry out specific tasks

relating to conformity assessment (ISO 17000, 2004).

The national accreditation bodies are recognized by the two key international groups, the

Figure 2: An example of conformity assessment model (UNIDO, 2010)

6

International Laboratory Accreditation Cooperation (ILAC) and the International Accreditation Forum

(IAF), both having the aim of facilitating international trade though enhanced confidence. The primary

aim of this group is to develop a single worldwide program of conformity assessment which reduces

risk for Business and its customers by assuring them that accredited certificates may be relied upon.

Accreditation assures users of the competence and impartiality of the body accredited (IAF, 2012).

The hierarchy of conformity assessment activities is shown in Figure 3.

Each national accreditation body operates according to the international requirements with regard to

the management of the accreditation bodies. The mission of an accreditation body is certifying that

accredited bodies are competent and impartial, obtaining international acceptance of their services.

The body needs to recognize the competence of laboratories, inspection and certification bodies.

2.1.4 Value of accreditation

The International accreditation forum, IAF, published a study to show the value of accreditation in May

2012. IAF launched a survey which was completed by 4191 respondents from 41 different economies.

The majority (60%) have a responsibility for managing quality in their organization. The survey report

is called “The value of accredited certification”.

“Is it important that the certification is covered by accreditation?”: an important question in this

research. This question was answered by all 4191 respondents. The results are depicted in Figure 4

show that suppliers want their certification covered by accreditation.

On the one hand accreditation is the key to international business. It is an instrument to improve the

free circulation of products and services. On the other hand “customer requirement” is another big

motivation for suppliers. The customers seek quality and they have more confidence in products or

services when they are certified and if the certifications are covered by accreditation.

Figure 3: Hierarchy of conformity assessment activities

7

Accreditation benefits technical control as well. For example, in Belgium, if a construction product has

the BENOR or ATG certificate mark which is accredited, then it’s allowed to assume that the

construction product has it required qualities. For a lot of technical control firms it’s a minimum

requirement that the products or services are supported by a formal supplier’s declaration, or bearing

a mark or certificate of conformity, which attests to quality, safety or other desirable characteristics.

2.2 Description of accreditation schemes of technical control activities

The following paragraphs describe the accreditation schemes of each country. These essential

schemes are relevant to boost the confidence in the conformity assessment of products and services

both of the economic actors and of the authorities in charge of the market control.

2.2.1 Accreditation in Belgium

In Belgium, the accreditation of testing, inspection or certification bodies was introduced by law in

1990. The Belgian Accreditation body, BELAC, is since august 1 2006, the only Belgian accreditation

body. It was established by the provisions of the Royal Decree of January 31, 2006.

BELAC accredits conformity-assessment bodies by means of independent assessment and

supervision. The technical control bodies are covered by BELAC. Technical control in the construction

sector is not required by law as it is in France.

The technical control activities in Belgium are accredited and conform to the standard ISO 17020

(Requirements for the operation of various types of bodies performing inspection). Seco, a Belgian

technical control body, is accredited by BELAC. The accreditation certificate can be found in Appendix

A. This accreditation certificate describes that according to the Royal Decree of January 31, 2006,

BELAC conforms that Seco is competent to exercise inspections conform to the NBN EN ISO/IEC

17020:2004. BELAC checks if Seco complies with the accreditation conditions by regular controls.

The ISO 17020 standard is used by BELAC in order to serve as a reference for testing organisms that

Figure 4: Importance that certification is covered by accreditation (IAF, 2012)

8

are applying for accreditation and for the auditors which are responsible for the assessment of the

inspection bodies.

2.2.2 Accreditation in The Netherlands

The Dutch Accreditation Council, RvA, is a Dutch institution that was founded in September 1995. The

primary task of the RVA is to verify institutions that are active in the field of laboratory testing,

inspection, calibration and certification of accreditation standards. The accreditation body will use a

series of national (NEN), European (EN) and international (ISO and IEC) standards. These standards

focus particularly on expertise, independence, impartiality and continuity. In the Netherlands NEN

administers the standards. The process of the Accreditation Council is controlled by international

accreditation bodies through peer review (RVA, 2010).

In the Netherlands certified private sector parties are supervised by a certification body, which in turn

is supervised by the Dutch Accreditation Council (RvA). The requirements that parties must meet in

order to be able to perform assessments under a certificate are set out in a national assessment

guideline (BRL 5019). The system of certification and accreditation in the Netherlands is based

exclusively in private law (F. Meijer, 2008).

Recently a large number of quality marks, certificates for various housing related aspects exist in the

Netherlands, and can be obtained voluntarily by buyers, tenants, owner-occupiers, construction firms

and project developers. The certificates affect the quality and lack of hidden or apparent defects in

dwellings (new or existing), sanitary facilities, central heating installations, boilers, building materials

and energy efficiency. Also burglar-resistance of dwellings which is provided by the police. The

certification body which grants the certificates is supervised by the RvA (Elios, 2010).

The technical control activities in the Netherlands are accredited and conform to the standard ISO

17020. On March 1, 2012 the new version of the ISO 17020 "Conformity assessment - Requirements

for the operation of various types of bodies performing inspections" is published. The ISO 17020:2012

is the successor of the ISO 17020:1998.

2.2.3 Accreditation in Sweden

Swedac is the Swedish Board for Accreditation and Conformity Assessment. It is the sole national

accreditation body recognized by the government (the public authority acting under the Ministry for

Foreign Affairs). Coordinating, monitoring, providing advice and information in matters relating to

conformity assessment are one of the responsibilities of Swedac.

All accreditation is performed against requirements normally set out in ISO standards. As a national

accreditation body, Swedac must also fulfill certain requirements. These requirements are based on

ISO 17011. Compliance is confirmed by international assessments that are performed within the

framework of the European accreditation cooperation (EA). In Sweden the accreditation of technical

control activities is based on ISO 17020.

9

Only a minor part of Swedac’s operations are financed by the government. The accreditation work is

paid for by the customers, i.e. the accredited technical control bodies. Funding comes for the most

part from the proceeds of the commercial work, funded by fees. The commercial work is self-

financing, which means its costs are completely covered by its fees.

Accreditation and certification are performed according to recognized standards and other

requirements. Swedac conforms to ISO/IEC 17011, see Figure 5.

2.2.4 Accreditation in France

In France the accreditation structure is based on the French Law of July the 1st, 1901. COFRAC is a

private association created in 1994 at the instance of the authorities for the purpose of unifying the

existing procedures of recognition of laboratories, certifying bodies and inspection bodies. COFRAC

was designated as the sole national accreditation body by the Decree of 19 December 2008, thus

recognizing accreditation as an undertaking with public authority.

COFRAC is at the top of the structure in the pyramid of trust. The French technical control activities

are accredited and conform to the standard ISO 17020. The technical control bodies need to be

accredited by COFRAC.

Figure 5: Reconized stardards of Swedac (Swedac, 2013)

11

3. LEGAL AND TECHNICAL FRAMEWORKS OF TECHNICAL CONTROL

ACTIVITIES

This chapter describes the legal and technical frameworks of technical control activities of each

investigated country. This is explained by using analysis criteria. First the origin of the analysis criteria

is explained, then each analysis benchmark is described. Finally the legal and technical frameworks

of technical control activities of Belgium, The Netherlands, Sweden and France is investigated by

using the analysis criteria.

3.1 Origin of analysis criteria

It’s useful to know which criteria have already been investigated in previous researches and which

criteria are a new input in this dissertation. Therefore table 1 explains the origin of the analysis criteria.

This table shows which criteria have already been investigated in previous researches and which

criteria are a new input in this dissertation.

3.2 Analysis criteria

This section describes each analysis benchmark. Not all criteria will be discussed for each country.

For some countries it was not necessary to discuss a specific criteria. In the cases where there was

not enough reliable information, the criteria are also not discussed.

3.2.1 Legislation and/or standards

This benchmark was used in previous research projects. The research project of OTB, building

regulations in Europe (H.M. Vermande, 2011) is often used in order to understand the legislation

and/or standards of each country. It is necessary to include this benchmark, because it’s essential to

comprehend the regulatory framework before a comparison can be made.

Also, this benchmark allows answering the following questions:

Which documents are mandatory by law? On which laws is the framework based? On the other hand

the used standards will be investigated. Which practiced guidelines are used as a reference for the

technical control of buildings? Is it mandatory to follow these guidelines? Are national or international

standards applicable in each country?

3.2.2 Various interested parties and their interrelations

In this dissertation, the term “interested party” refers to any person/organization that has a real and

direct interest in any proceeding or action being proposed or taken. For example in the construction

sector, by the start of a new project, there are several interested parties: the owner, the constructor,

the designer, the insurance company, etc. It is important to investigate their interrelations and their

responsibilities. Who is responsible for what? When something goes wrong, who is responsible?

12

Table 1: Origin of analysis criteria

Scre

en

ing

of

nati

on

al

bu

ild

ing

reg

ula

tio

ns -

Ve

rma

nd

e 2

01

1

Lia

bilit

y a

nd

in

su

ran

ce s

yste

ms in

th

e b

uil

din

g s

ecto

r -

Elio

s, 2

010

Bu

ild

ing

co

ntr

ol s

yste

ms i

n E

uro

pe -

R. M

isku

lits

, 2

006

Bu

ild

ing

co

ntr

ol:

pri

vate

vs p

ub

lic -

F.M

. M

eij

er

et

al., 2

004

Bu

ild

ing

reg

ula

tio

ns in

Eu

rop

e -

F

.M.

Meij

er

et

al.

, 2002

Inh

ere

nt

defe

ct

insu

ran

ce

- IM

IA c

on

fere

nc

e,

Syd

ne

y 2

001

New

im

pu

t

Criteria Legislation and standards

Building application X X X X

Laws X X X X X

Used standards X

Parties and interrelation

Different parties X X X X

Responsibilities X X X

Construction control system

Mandatory/Insurance/Voluntary X X

Private/public X

Number of control bodies X

Accredited control body X X

Different Missions

Missions X

Technical control activities

Plans X X

Site Inspections X

Maintenance and Use X X

13

3.2.3 Construction control system

There are several control systems for carrying out technical control. These systems can be voluntary-

based, mandatory-based or insurance-based. A voluntary-based system means that technical control

by an extern control bureau is not mandatory by the government and that technical control isn’t

necessary in order to get an insurance. When technical control by an external control bureau is

mandatory by the government then it’s referred to as a mandatory-based control system. Sometimes

the insurance company requires technical control bodies to be recognized external control bureau in

order to grant the decennial insurance. In that case the control system is referred to as insurance-

based.

3.2.4 The purpose of technical control activities

Why would someone ask for technical control by an external control bureau? The answer to this

question, the purpose or goal of technical control activities is somehow related to the type of system.

For example in a voluntary-based system the reason for technical control will be most likely to offer

quality assurance to the customer.

3.2.5 Different missions

This benchmark provides information about the different missions of building control in Europe. Not

every country controls the same aspects. In some countries the government or the insurance

companies makes the distinction between types of work. The civil engineering works (bridges,

metro's, etc.) may have a different system of technical control than that of the building works. It is

thus useful to indicate the differences between the different types of works.

3.2.6 Main technical control activities

Not every country is using the same methodology to accomplish technical control. Some countries

have more comprehensive methods than other countries. So this is a point of difference that was

added to the list of criteria.

3.2.7 Number of control bodies

The number of control bodies may be useful to give an indication about the competitive pressure

between the technical control bodies in a country. Larger number of control bodies may indicates a

competitive market and, on the other hand, a country with a limited number of control bodies may

indicates lower competitive pressure.

3.3 Belgium


The Belgian system of building regulations and control differs widely from other European countries.

Belgium consists of three independent administrative regions or “gewesten”: Wallonia, Brussels and

the Flanders. The government plays only a limited role when it comes to building control. The Belgian

14

regulating system is quite similar to that in France, the basis of both systems being the Civil Code

which stems from the Napoleonic era and establishes the liability of the building industry actors and

architects.

In Belgium, there is a legislation and some provisions that relate to construction. The national

standards and documents are without compulsory legal status, which means that they are not

mandatory, but are usually referred to in construction contractual documents.

Besides the Civil Code, there is the Royal Decree. This is an act that contains a certain amount of

building regulations. The Royal Decree is an act of the government, signed by the king of Belgium.

The compulsory rules are maintained to a minimum. Fire safety (performance surveyed by fire

brigades under major city liability), general architectural rules (heath size of building, lightening of

rooms, etc.), destination of building, energy consumption and roof insulations are covered by

legislation.

For example, the national legislation for fire safety is arranged in terms of risk classes related to fire-

fighting equipment. Within the framework of their competences, each region has additional provisions

and also the larger cities like Brussels and Antwerp have issued local regulations (F. Meijer et al.,

2002).

In addition to the local regulation and the few national laws and building ordinances, there are the

following national “rules for good workmanship” and there are also documents made by institutions

with a normalizing activity. These “documents with a normative character” do not connect directly to

the working of the NBN. These are for example (H.M. Vermande et al., 2011):

• NBN standards, the Belgian standards issued by the Belgian Normalization Institute or NBN.

The Belgian Normalization Institute is a member of ISO and CEN.

• Technical Prescriptions or PTV’s (Prescriptions Techniques). These are ‘normative’

documents drafted by a qualified technical institute, for example Probeton, the Belgian

institute for the certification of concrete products, which add to the standards in question in

order to connect the Benor quality mark to it, awaiting the appearance of a standard;

• Documents published by WTCB: This Belgian Building Research Institute established by law

and financed by building constructor and public research funds which conducts research into

construction and the components used in building;

• The unified technical specifications or STS (Spécifications Techniques unifiées) are published

by the Federal governmental office DGV;

• The technical approvals or ATG of the Belgian Union for the technical approval in construction

or BUtgb;

• Technical reports or TV (Technische voorlichtingsnota’s): TV’s are guidance documents,

primarily intended for building constructors, but used by everyone in the Belgian construction

15

sector as good practice documents even used in court to judge workmanship of building

constructors.

A building permit is not always mandatory, in some cases reporting to the local authority before the

work starts is enough. The research project of the OTB (F. Meijer et al., 2002) distinguishes two types

of application: the simple and the extensive application. A simple application is enough in case of

alterations within a building, works concerning the external surfaces of a building, small annexes

(surface shall not exceed 21m²), accessories of a dwelling, tennis courts, swimming pools and

barriers. The simple application file must consist (in quadruplicate) of a completed and signed

application form which an applicant can get at the local authority office, the plans or drawings with

date and signature and legend, folded to A4-format and at least three different, numbered, photos of

the planned construction site. Note that the plans must consist of at least a situation plan, an imprint

plan and drawings of the works.

The extensive file counts a few extra documents. The applicant must add a descriptive note, signed

by the architect and applicant. This note describes the aim of the application, the spatial context of the

works, zonal information, conformity and consistence of the application with the legal and spatial

context and integration of the planned works or actions with the surroundings. Further the plans and

drawings in the extensive file must be more elaborated than for the simple file. If the application is for

the rebuilding or building of a dwelling a form has to be added which demonstrates that the planned

construction meets the minimum demands concerning the thermal insulation of dwellings (as stated in

a Decree of the Flemish government of 18-9-1991). The form must be filled in according to the

indications given and must be signed by applicant and architect. This information is found in the OTB

research project (F. Meijer et al., 2002) and checked for changes by checking the official Belgium

journal.

3.3.2 Various interested parties and their interrelations – responsibility

In Belgium it is relevant to mention 6 interested parties: the owner, the architect, the building

constructors, the local authorities, the insurance companies and the technical control bodies. The

interested parties are mentioned below.

The first party which is discussed is the owner. The owner must be aware of the laws and comply with

them. Proof can be required that the work is being carried out in accordance with the legislation. The

owner decides for himself if technical control is needed (voluntary-based). If the owner wants to be

insured, then it’s possible that the insurance company require a technical control office in order to

carry out technical supervision of the works.

The authorized architect has to be educated, having acquired the legal education diploma, recorded

by the Order of Architects (Ordre des Architectes). Furthermore the architect must be registered by

the National Council of the Order of Architects (NROA). Only architects of the NROA can draw the

building plans that have to be submitted to obtain the building permit. Also the architect needs to sign

the documents that have to be submitted to the building application. So, in order to submit a building

16

application an architect is required. The architect is responsible for the design but he may use the

services of a structural or other consulting engineer. An architect cannot be a building constructor and

if he prepares plans, these must be supervised by another architect. In principle an architect must be

hired for the design of every construction and to control the execution of works that need a permit.

However, for small works, for works that have a ‘non-building character’ (like cutting trees or

constructing a tennis court) and construction of industrial or civil engineering projects an architect is

not necessary. An architect can’t play a role within a building constructor company. If an architect

designs a construction and is also involved in the construction phase, another architect must

supervise the construction. In that sense the architect is more a general director than a permanent

supervisor. The architect is the only construction partner who is legally obliged to insure themselves

for damage of the decennial liability (Ramboer, 2008).

Another interested party are the building constructors. The building constructor must also be aware of

the laws, standards, and must, if asked, prove that he is complying with the regulations. The liability of

the architect and building constructor relates to stability, durability and water tightness but does not

relate to the secondary works such as ceilings, windows and doors, etc. The liability could however

result in heavy financial loss, should major defects occur, then the insurance companies will cover this

risk. Belgian building constructors are divided into 8 classes of building constructors based on the

value of the works. Table 2 shows the 8 classes of building constructors. Besides the 8 classes, there

are 17 building constructors categories and 64 subcategories. Some examples of the 17 building

constructors categories are: A: Dredging, B: Hydrological works, C: Roads and highways, D: Building,

etc.

Class 1 74.388 € until 136.314€

Class 2 136.314 € until 272.682 €

Class 3 272.682 € until 495.787 €

Class 4 495.787 € until 892.416 €

Class 5 892.416 € until 1.809.622 €

Class 6 1.809.622 € until 3.222.615 €

Class 7 3.222.615 € until 5.329.710 €

Class 8 Over 5.329.710 €

Building constructors can use a certifiable checklist to maintain a safe and healthy workspace. The

safety, health and environment checklist for building constructors or VCA is a certifiable checklist for

building constructors so that they can demonstrate that they manage the aspects safety, health and

environment while working in the workplace. This document also contains additional requirements to

increase safety awareness. In order to be VCA certified, the building constructor needs to pass a

VCA-exam.

Most of the time the local authority don’t inspect work during execution, so the supervision of building

work is, to a large extent, one of permanent self-inspection. Small building projects are mostly

Table 2: 8 classes of building constructors (SECO, 2012)

17

supervised by the architect himself but most bigger projects bring in a specialized control bureau such

as SECO. A building permit need to be obtained from the local authority. The local authority have to

check the zoning and planning of the building project, in order to grant a building permit.

As regards the insurance, Belgium can be described as a voluntary insured-based system. There are

three main insurance policies: the policy all site risk or ABR, decennial insurance and professional

liability policy. A timeline of insurance policies are depicted in Figure 6.

The policy all site risks, ABR (Alle bouwplaatsrisico’s) is a specific policy during construction or during

renovations of the building. It is comprehensive insurance for construction buildings. When defects,

errors are taking place, then the insurance company won’t seek for a liable party. This is the biggest

advantage of an ABR policy. This insurance covers the owner, building constructor, architect,

engineer, safety coordinator, etc. in respect of all damage caused to the construction or renovations.

The third party liability can be included in this policy. That is also the biggest advantage of an ABR

policy. The policy will reimburse the damage of the new building and will not blame the party who’s

responsible for the damage. With this kind of insurance the work can continue and there is no need to

stop the work for protracted legal disputes between building constructors and architects. An ABR

policy is valid the entire duration of the construction project (construction period) and also gives

coverage for 12 months after completion (the maintenance period).

Besides the policy all site risks, there is the decennial insurance which ensures for each project the

legal decennial liability of the building constructor or subconstructor, the engineers and the architect.

The main guarantee the repair - or replacement cost of the work of the insured building constructor

guaranteed covered by insurance cf. the art 1792 and 1792-2 of the Code Napoleon (Ramboer,

2008). Whether or not the insurance company permit a decennial insurance is based on the value of

the work. As regards paragraph below, the insurance firm “Protect” was contacted in April 2013 for

some extra information.

Figure 6: Insurance policies in Belgium (Ramboer, 2008)

18

Value of the building work (Protect, 2010):

up to 300.000 EUR: intern control by Protect;

up to 3.000.000 EUR: technical control by an technical control body like INVENTUM+ or Civil

which cooperates with Protect;

more than 3.000.000 EUR: technical control by an external technical control. The approved

external control bodies of Protect are: SECO, SOCOTEC and AIB Vinçotte.

The professional liability policy is an extra insurance for the architect and engineers who give advice

to the architect. It covers the entire civil liability of the construction projects.

The last discussed interested party are the technical control bodies. They intervening with the aim to

prevent technical hazards, preventing the risk of errors made involved in a building project. In order to

carry out technical control, they make different reports (For more information about the control reports

can be found in chapter 5, the case study about technical inspections). The technical control body is

an independent third party.

3.3.3 Construction regulatory system

The construction regulatory system in Belgium can be described as an insurance-based system

(decennial insurance). In the conclusion of the International Association of Engineering Insurers

conference or IMIA conference (IMIA conference, 2001) Belgium was added to the group “Countries

with legal builders liability, without compulsory decennial insurance but with inherent defect

insurance”. The author states that the Belgian system is “Insurance control”.


During the design phase, the main goal of the technical opinion is to pool knowledge, guaranteeing

that the project exudes quality from start to finish. The main purpose of the technical control activities

is the standardization of risks in order to get insurance companies to cover builders' liability over a ten

year guarantee period. Therefore the control bureau has to be renowned for their reliability by the

insurance company (Seco, 2012).

Technical control activities should guarantee that newly built or existing buildings are healthy,

environment friendly and comfortable for users and visitors.


The information for the different missions of technical control in Belgium was granted by Bram Van

der Stocken, an engineer of SECO. In Belgium there is no distinction between building works and civil

works as regards the missions.

The main missions of control that should be covered are: general safety (coordination of safety and

health requirements at temporary or mobile construction sites, general safety of individuals, safety of

persons in finished buildings and fire safety of buildings), structural stability (stability and good

19

behavior of ten years of civil works engineering, open or closed carcase in their normal limit state,

stability and good behavior of 10 years of facade work or curtain walls in their normal limit state,

stability and good behavior of 10 years of the completion of buildings in their normal limit state,

stability and good behavior ten years of technical equipment of buildings in their limit state, stability of

existing structures, stability of adjacent structures, stability of the buildings under construction and

stability of the buildings during demolition), the performance of technical equipment of buildings,

acoustics and sound insulation, dynamic and vibration behavior, seismic actions, asbestos (Inventory

of asbestos-containing materials, with or without proposal of a management plan, achievement of

"asbestos safe" and "asbestos free" certificates for new or for existing buildings after asbestos

removal and monitoring of asbestos removal work), structure audits of existing buildings, energy

audits of buildings, certification of sustainable construction, assistance in risk management as a tool

for decision-making, technical arbitrations, “non progressive collapse" of structures, external

monitoring of quality assurance plans, works to landfills and polluted sites, the refurbishment of

redeploying areas of activities in the past, operating technical installations, façade, trusses,

foundation, finishing works, etc.


In order to discuss the main technical control activities in Belgium, this section is divided into three

phases of building projects: the design phase, execution phase and maintenance and use.

1. The design phase – Preventive control

A building permit need to be obtained from the local authority (The city or village). It’s not mandatory

to obtain a planning approval by the building authority (For zoning and planning reasons). When

building permit is granted, then the local authority have checked the zoning and planning of the

building project.

The fire safety requirements need to be advised by the fire brigade and it has to be enforced by the

local authority.

Technical control should start in an early phase of the building process. The best case scenario is

when they start in the stage of preparatory studies. First there is the control of the plans, followed by

the inspection of the calculations. It is not enough to just correct the calculations of the engineers

cause then there is the risk that the engineers of the control body make the same mistakes as the

engineers of the project. Therefore they start all over again with their own methods and recalculate

the soil test, foundation, structure, façades, finishing works, technical installations, etc. This system

gives them the best results. In this phase is the architect and the technical controller (on a voluntary

basis) responsible.

Besides the control of the plans and the recalculations, the body ensures that the technical

specifications are optimal.

20

2. Execution phase (Technical check and safe use)

In the execution phase there is an investigation of the used materials and the technology. During the

execution there are regular visits and site inspections, this is at least once per week and on a

voluntary basis. The control body checks if the work is built in accordance with the drawings.

Technical control activities should guarantee the quality of the construction. In this phase the architect

and the third party private controller are responsible.

3. Maintenance and Use

The architect or the engineer drafts an official report of provisional acceptance when the building is

completed. The client and the building constructor sign then this official report of completion. When

the report of completion is signed, then the 10-year liability starts.

An inspection of electrical installations has to be carried out before the building can be connected to

the energy network. Also sanitary installations need to be inspected before the water company

provide water supply. This is also the case for indoor plumbing. The separation of sewage and

rainwater has to be function properly. These inspections receive no certificates.

Exploitation permits granted by public authorities are required for buildings where public interest is

concerned (hospitals, hotels and retirement homes, etc.). Firms need to obtain an additional

environment permit. For hospitals, hotels, old people’s homes the public authorities are responsible.

In the other cases the architect and the technical controller are responsible. The inspection body has

to be agreed by the Minister of Work for electrical installations, lifts, tanks for inflammable materials

and gas distribution pipes (Mikulits, 2006).


In Belgium the number of control bodies is limited. There are three large companies which offer

technical control of buildings in Belgium: AIB VINCOTTE, SECO and SOCOTEC. In addition to the

larger bodies, there are smaller as well, for example Interventum or civil consult.

3.4 The Netherlands


The building regulations of the Netherlands are discussed in the following paragraphs, the information

was gathered from the OTB research (Meijer F. et al., 2002), the Dutch country report (H.M.

Vermande, 2011), the housing Act (Housing Act , 2013) and from a study about the liability and

insurance regimes in the construction sector was finished. Unknown authors from the Consortium

formed by Centre d’Etudes d’Assurances (CEA) and Centre Scientifique et Technique du Bâtiment

(CSTB) made a report of this study (Elios, 2010).

21

The Building Decree (Bouwbesluit) is the central document for the technical requirements in the Dutch

building regulation system. Besides the Building Decree, there is the Housing Act (Woningwet), which

itself does not contain technical rules. This Act is issued by the central government.

The Housing Act and a new Building Decree came into force on 1 October 1992. A new revision of

Building Decree was made in the first of January 2012. The Building Decree complies to a collection

of building regulations in the Netherlands. Buildings must comply to the Building Decree. Renovations

are also covered by the Building Regulations.

The Building Decree is complex because of large amount of construction rules and the relationship

between these rules. The Dutch Building Act 2012 and associated regulations refer to the standards

(NEN Standards) and the codes of practice. These provide instructions on how to comply with the

requirements of the Building Decree (H.M. Vermande, 2011).

The Dutch Building Decree 2012 is divided in eight chapters relating to (H.M. Vermande, 2011; van

der Graaf et al., 2012): safety, health (e.g. ventilation, sound insulation, etc.), usefulness (e.g.

accessibility for disabled people), energy-saving and the environment (e.g. thermal insulation, energy

performance, etc.), installations (e.g. electricity, water supply, sewerage, etc.), user safety and fire

safety (e.g. requirements for stairs, availability for emergency appliances, etc.) and construction and

demolition (e.g. construction procedure, demolition procedure, safety and limitation of disruption to the

environment, etc.).

In the Netherlands there is a strong emphasis on the energy performance of buildings. The so called

Energy Performance Norm (EPN) has been introduced to regulate the energy performance of

buildings. The EPN is an index, a non-dimensional figure, representing the energetic efficiency of new

construction – currently the EPN for housing is 0.8 (H.M. Vermande, 2011).

The Housing Act regulates the whole area of buildings, from subsidies to requirements, and from

building permit procedures to regulations for existing buildings. The Act refers to the Building Decree

for the technical requirements. These construction regulations are drawn up on national level in the

Housing Act. All construction works must comply with them (F. Meijer et al., 2002).

The purpose of the Housing Act was to mitigate poor and unhealthy houses and to promote quality in

construction.

The Housing Act 2007 consists of 9 chapters (Housing Act, 2013):

General provisions;

Regulations concerning construction, the condition of the existing buildings, use and demolition;

Special provisions:

o Supervision of constructions, open yards and terrain;

o Summons/instructions for improvements;

o Condemnation order.

Permits:

22

o Wabo-permit is a permit for housing, space, technical requirements, environment, zoning and planning;

o Permit free construction (The case for small constructions).

Provision in housing need:

o Housing research;

o Planning, programming and distribution;

o Housing institutions;

o Financial support from local authorities;

o Financial support from national government.

Bodies and services for housing:

o State supervision on housing;

o Municipal building and housing control.

Provisions in the case of special circumstances;

Pressure and penalty clauses;

Final and transitional provisions.

Besides the Housing Act and the Building Decree, there exist municipal building bylaws. Municipalities

are responsible for the quality of the buildings (within their borders). The municipal building rules

relate to: urban planning, building on contaminated land and requirements regarding the external

appearance of buildings.

The construction rules are developed by Ministry of Housing, Spatial Planning and the Environment or

VROM. The respect of the rules is enforced by the local authorities trough building permit procedures

and construction sites inspections (Elios, 2010).

As other countries it is required to build with building permit granted by the local authority. Before

October 1, 2010 the Netherlands required a large number of building permits. It was too complicated,

and there were conflicts between permits. Since October 1, 2010 the legal basis for applying for a

building permit is regulated by the General provisions environmental law or in short the Wabo (Wet

algemene bepalingen omgevingsrecht). The Wabo-permit is introduced to replace the many various

permits for housing, space, technical requirements, environment zoning and planning aspects. It is

needed for most construction work. Without a Wabo-permit it is most of the time not allowed to build

(van der Graaf et al., 2012). Not for every construction project requires a Wabo-permit. Sometimes it

is possible to build permit free. Since the Wabo law it is allowed to build more without a permit. The

scheme for unlicensed building is part of the Environmental Law Decree, which entered into force

together with the Wabo (on the first of October 2010). The permit application is checked by a

municipal building authority (H.M. Vermande, 2011).


In the Netherlands there are four interested parties in technical control activities. The main interested

parties are the owner, the architect, building constructor and technical control bodies.

23

First, there is the owner who has to request most of the time a Wabo-permit for newly built. An

important task of the local building control is the provision of building permits. This can be seen as a

preventive control.

In the Netherlands only persons who are registered in the “Register of Architects” can use the

protected title of “architect”. In addition, many architects in the Netherlands joined the Professional

Association of Dutch Architects or BNA (Bond van Nederlandse architecten). This is often seen by

clients as a benchmark. There is an arrangement made by the BNA which describes the legal

relationship between an architect, engineer(s) and the client, called The New Rules 2011, DNR 2011

(De nieuwe regeling). When an architect is producing a design, then provisions of the Building Decree

apply primarily. Architects must therefore have a thorough knowledge of the regulations and related

standards (F. Meijer, 2008).

During the construction process the building constructor has to deal with all kinds of laws and

regulations such as the Building Act, the Housing Act, the Uniform Administrative conditions for works

and technical installations 2012 or UAV (Uniforme Administratieve Voorwaarden voor de uitvoering

van werken en van technische installatiewerken 2012). The UAV regulates the contractual

relationship between client and building constructor. The UAV in 2012 is the result of collaboration

between the building sector and the government. It simplifies the statement of work because many

administrative matters may be omitted. The UAV has become a standard scheme for government

projects and projects in the private sector.

Another interested party is the building control bodies. In the Netherlands there are private control

bodies and (mainly) public local-municipal control bodies. Technical control is partly (especially

structural calculations) contracted out to private control bodies. This consist mainly of private

engineers. Although the local building control will decide about the scope of the controls of the private

control parties. The requirements to perform assessments under a certificate are set out in a national

assessment guideline, BRL 5019 (Mikulits, 2006; F. Meijer, 2008).

In the Netherlands there is ongoing research about technical control. One of the largest research

projects on building control was conducted in the Netherlands (F.M. Meijer et al., 2002). In 2015 a

new system will enter into force. Nowadays technical control is mainly carried out by public technical

control bodies. That is going to change and technical control will be carried out by private control

bodies. The government also examined the possible effects of a heavier liability and compulsory

insurance.

The local control bodies will carry out technical control activities until 2015. In order to carry out the

technical control, a comprehensive protocol is used. More information can be found in chapter 6,

Case study 2: technical control by the municipalities in the Netherlands. Building control is supervised

by the VROM Inspectorate. They supervise the process of checking compliance with technical

building regulations by the municipalities.


24

In the Netherlands the controls are mainly contracted out to local authorities. The local municipalities

are responsible for the quality of the buildings (within their borders). Technical control is also partly

(especially structural calculations) contracted out to private control bodies, this on a voluntary basis.

The Dutch control system is not insurance-based. It is also not mandatory to use qualified

professional for design or construction of a building. So technical control is done on a voluntary basis.

Only the building permits provided by municipalities are mandatory (Mikulits, 2006).


The main role of the technical inspection body is to intervene with the aim to prevent technical

hazards. For example preventing the risk of errors made by those involved in a building project.

Besides the aim to prevent technical hazards, there is in the Netherlands a strong emphasis on the

energy performance of buildings (H.M. Vermande, 2011).


There is no distinction between building works and civil works as regards the missions. The missions

of local building control can be slightly different for each municipality. But the basis of the missions are

the same for all municipalities and are discussed in the section below. The technical control of

buildings in the cities are based on the Dutch building Decree 2012. The main missions are (van der

Graaf et al., 2012): safety (use safety, fire safety, etc.), health (sound insulation, damp proofing,

ventilation and flue gas outlet, damaging circumstances, daylight, etc.), usefulness (sanitary areas,

accessibility buildings, outdoor storage and outdoor space in a residential function, other provisions

for a safe and healthy use, etc.), energy-saving and the environment, installations (presence of

artificial lighting, electricity consumption, gas consumption, heating, water supply, sewerage, fire

safety installations, accessibility of buildings for people with disabilities, prevention of common crime,

etc.), construction and demolition (construction procedure, demolition procedure, safety and limitation

of disruption to the environment, etc.).


In order to discuss the main technical control activities in the Netherlands, this section is divided into

three phases of building projects: the design phase, execution phase and maintenance and use.

1. The design phase – Preventive control

The first technical control activity is the assessment of the building plans by the municipalities. This is

in order to receive the Wabo-permit. It’s a preventative way of technical control. Unfortunately,

preventive control takes place very late in the design phase. Deficiencies that are found have to be

solved as soon as possible. This can have major consequences and will probably not lead to optimal

designs. Control within the primary phase (during the design) could give an early indication of

problematic aspects in the design and could lead to early improvements (F. Meijer, 2008; Scholten,

2006).

25

2. Execution phase (Technical check and safe use)

During the construction of the building, the control body checks if the work is executed according to

the plans and the rules of art. Municipalities, the local authority, conduct also site inspections during

the execution, and if necessary this authority can stop a construction work (H.M. Vermande, 2011).

Besides the site inspections, there are often inspections if conditions of the Wabo-permit and building

regulations are consistent with the building in progress (Scholten, 2006).

During the execution phase, municipalities also use a comprehensive control protocol or iTP

(Integraal toezichtsprotocol). The iTP is the tool for keeping of integrated, high-quality, measurable

and efficient monitoring. With this protocol there is an integral supervision of the Wabo-law. It contains

a total list of possible control elements (subjects) based on the General Provisions Environmental Law

(Wabo-law). The control elements are based on the well-known executive, the Building Act 2012 and

the activity decree. The protocol meets as much as possible to architecture principles. The content

has been developed by several staff members of various municipalities and fire organizations. The

protocol contains checklists and a supervision matrix.

A building project consists of characteristic objects (e.g. façade, roof finishing, roof structure). Each

characteristic object of a building phase (execution, use and demolition phase) has its own checklist.

The checklist is based on the type of building and size. This collection of objects has the same control

profile. Besides the checklists, there is the supervision matrix, which is the actuating heart of the iTP.

It determines the depth and frequency of the check that must be performed. More information about

the comprehensive control protocol can be found in chapter 6.


In the Netherlands when the construction is completed, a completion certificate is not required. Except

for the buildings where public interest is concerned (e.g. hotels, hospitals, theatres, shopping centres).

The municipality can forbid the use of the building when works are not done according to the Wabo-

permit (Mikulits, 2006).


Local building control is carried out by every municipal in the Netherlands. Besides the local building

control bodies there are as well private control bodies. There are about 50 private bodies recognized

by the local authority.

3.5 Sweden


In Sweden there are three main legal acts which apply to construction (Boverket, 2006):

The Planning and Building Act (Law 1987:10) contains the regulations concerning planning

and building;

26

The Act on Technical Requirements for Construction Works (Law 1994:847) relates to

technical requirements for construction works and products;

The Environmental Code (Law 1998:808) measures necessary to assure sound and healthy

environment.

The Planning and Building Act consists of 17 chapters which are divided into several sections

(Boverket, 2006): Chapter 1: Introductory Provisions, Chapter 2: General Interests to be observed in

Planning and Siting of Buildings, Chapter 3: Demands on Buildings, Chapter 4:The Comprehensive

Plan, Chapter 5: Detailed Development Plans and Area Regulations (Detailed Development Plan,

Area Regulations, Procedural Issues, etc.), Chapter 6: Implementation of Plans (Implementation

description, Joint Land Development, Property Regulation Plan, Appropriation of Land, Surrender of

certain Public Spaces, Street Costs, Determination of Compensation, etc.), Chapter 7: Regional

Planning, Chapter 8: Building permits, Demolition Permits and Site Improvement Permits (Measures

requiring a Building Permit, Special Provisions for Areas covered by a Detailed Development Plan,

Special Provisions for Single-family or Two-family Dwellings, Municipal Decisions on the Extent of

Requirements for a Building Permit, Measures Requiring a Demolition Permit or a Site Improvement

Permit, Prerequisites of Permits, General Provisions, Processing of Permits, Validity of Permits,

Tentative approvals), Chapter 9. Construction Work, Supervision and Control, Chapter 10: Sanctions

and Actions Resulting from Infringements (Introductory Provisions, Prohibition on Continuation of

Building Work, Actions to achieve Redress, Effects of Injunctions in Certain Cases, Entries into the

Registration Section of the Real Estate Register, Other Provisions), Chapter 11: The Building

Committee, Chapter 12: Governmental Interventions with regard to Areas of National Interest,

Chapter 13: Appeal, Chapter 14: Obligations to Acquire Land and to Pay Compensation, Chapter 15:

Court Decisions, Chapter 16: Authorizations and Chapter 17: Transitional Provisions.

Besides the three main legal acts, there is a law applicable to the liability of private houses and

residential buildings, which guarantees protection of individuals who contract performance of building

works, namely the Law on Consumer Protection or Konsumenttjänstlagen (Law 1985:716). Because

of this law, individual construction consumers benefit from legal guarantee of building defects up to 10

years from completion of the project.

The Law on Construction Defects Insurance or Lag om byggfelsforsakring (Law 1993:320) can be

applied as regards the insurance (Elios, 2010).

There are as well relevant Ordinances, issued by the government (H.M. Vermande et al., 2011):

Planning and Building Ordinance (1987:383, many changes since then);

Ordinance on Technical Requirements for Construction works, (1994:1215).

In Sweden the liability of different parties involved in a construction project is principally defined in a

contractual way. The governmental building authority, Boverket, develops and issues Building

Regulations and Design Regulations. Both consist of mandatory provisions and general

27

recommendations. This via standard forms of contracts. These standard forms of contracts are also

widely used in other Nordic countries such as Finland (YSE 1998), Norway (NS 8405) and Denmark

(AB 92). The Swedish standard forms of contracts are composed by the Construction Contracts

Committee or BKK (Byggandets Kontraktskommitté) (H.M. Vermande, 2011).

The BKK is a non-profit association composed of authorities, associations and organizations

representing different categories of construction parties such as building owners, consultants and

building constructors. The BKK gives legal advice about standard contracts.

Several BKK statements are published as guidelines on application of law related to construction.

BKK may also act in some cases as a mediator or as a “dispute settlement board” (Elios, 2010).

Nowadays, a large majority of contracts in Sweden are based on:

AB04: “General Conditions of Contract for Building, Civil Engineering and Installation Work”

introduced in 2004;

And ATB06: “General Conditions of Contract for Building, Civil Engineering and Installation

Work performed on a package deal basis” from 2006.

The building committee of each municipality in Sweden examines applications for permits. There are

three kinds of permits: building permits, demolition permits and site improvement permits. Besides

granting permits, the committee carries out supervising activities and the necessary inspections.

Building permit concerns the construction of a new building, change of use of a building, additions to a

building, certain external alterations to a building, etc. To demolish a building completely or partially,

then a demolition permit is required. A site improvement permit concerns excavation or the deposition

of fill which will change the level of ground within land set aside for development. This permit is also

required for tree felling and afforestation (Boverket, 2006).

The building committee of the local authority grants the permits. Their responsibility it is to fulfill the

obligations of the local authority within the zoning, planning and building system and to exercise

supervision over building activities. Technical requirements of buildings is not monitored by the

building committee. This is checked by the private control bodies.

The processing of applications for a building permit has been limited to an examination of the location

of a building or civil engineering works and of the design of the works or the site. This means

demands relating to precise positioning and external appearance (F.M. Meijer et al., 2002; Boverket,

2006).


In Sweden the liability of different parties involved in a construction project is principally defined in a

contractual way. The main interested parties are: the owner, the building committee, quality

assurance supervisor, the architect, the building constructor, certified quality site manager, private

28

control bodies, insurance companies. The applied standard contracts are discussed in the following

section.

As regards the owner, he is completely responsible for ensuring that a building or civil engineering

works complies with the relevant technical requirements. The standard contract AB04 “General

Conditions of Contract for Building, Civil Engineering and Installation Work” reveals the relationship

between the owner or the principal and the building constructor. Under AB04 contract the owner is

responsible for design, plans and specifications of the project. Unless for larger scaled project, turn-

key projects, then is the main building constructor liable for the design and plans. In this case there

are specific contracts, ABT06. The scope of building constructor’s liability defined by this contract is

larger than that established in AB04. Before the construction work starts, the owner has to give in a

construction notice to the building authority. This notice gives the building committee the chance to

assess the need for supervision. The committee shall convene a meeting to examine the construction

work. After the meeting, the building committee shall set up an inspection plan for the works. But it still

primarily the responsibility of the owner to set out what inspections he considers necessary in order to

comply with the technical requirements. The committee shall determine whether the proposed

supervision moments by the owner are sufficient, or if other actions have to be taken (such as more

inspections, documentation, etc.). For complicated constructions the owner can ask to be assisted by

an quality assurance supervisor, QAS. The QAS will assist the owner, being present at meetings and

inspections (F.M. Meijer et al., 2002; H. Vermande, 2011).

Another interested party is the Architect. In Sweden the title of architect is not protected and no

diploma is needed to exercise the profession. Nevertheless, the position of the architect’s syndicate

(Sveriges Arkitekter) is very powerful in Sweden. The standard contract ABK 96 are general rules of

agreement for architectural and engineering consulting services. It defines the liability of architects

and engineers. This is mainly defined contractually.

When the design is ready to be executed, then the building constructor needs to appoint a certified

quality site manager before the works start. It is required by the Planning and Building Act. For each

construction site, the quality manager and the local authorities define a quality control plan for the

project. Subsequently they help to control that the building constructor complies with the building

requirements in accordance with the defined plan. At the end of the works, the quality site manager

shall draw up the completion certificate. Under AB04 contract, the building constructor is in charge of

providing workforce and building materials in accordance to project specifications. Unless for larger

scaled project, turn-key projects, then is the main building constructor liable for the design and plans.

(ABT06)

The liability of the building constructor for defects and hazards during the executrion is strict. When

the project is finished, during a guarantee period (the duration may vary, depending on the used type

of contract) contracter is still liable. When the guarantee period is expired, then is the building

constructor liable for important defects up to 10 years from completion of works. In this stage the

client has to proof the building constructor’s fault. In the case of a construction failure the building

29

constructor is the first party who is liable. He would need to prove that another participant (e.g. the

architect) is responsible for the damage. The building constructor is under surveillance of the QAS

and has the overall responsibility for the project.

A far reaching form of privatization of technical control can be found in Sweden. Assessment by a

private sector organization is compulsory. The standard contract ABI 09 is exclusively developed for

technical controllers. It regulates for a liability period of two years for the consultants. On the 18th of

December 2009 a standard contract ABK 09 “General conditions of contract for consulting

agreements for architectural and engineering assignments” was implemented for agreements

between customer and a technical controller (F.M. Meijer et al., 2002).

According to the Law on Construction Defects Insurance or Lag om byggfelsforsakring (Law

1993:320) all places intended for permanent habitation must carry a Building Defects Insurance. This

is a mandatory insurance that covers material damage caused by faulty materials, design or execution

of works. This insurance is valid for 10 years from the date when the certificate of completion was

issued. The building defects insurance covers costs of repair of defects. The cover applies regardless

of the liability of the constructor. It’s available for houses or residential buildings and it may be

subscribed either by the client or by the building constructor (Elios, 2010).

The main providers of building defects insurance are (Elios, 2010): AB Bostadsgaranti and its

subsidiary Försäkrings, AB GAR-BO AB and its subsidiary GAR-BO Försäkring AB, Nordisk Garanti

and Gerling.


In Sweden the local authorities carry out no preventive (technical) assessments at all. However,

assessment by a private control body is mandatory. Sweden has a mandatory insurance control

system. According to H.M. Vermande (H.M. Vermande et al., 2011) author of the country reports of

the International Building Center (PRC) in Delft, the Netherlands, the Swedish building regulations are

performance-based.


The main purpose of technical control in Sweden is to check if the building complies to the technical

requirements. The building committee can grant a permit to build but they don’t carry out technical

assessments at all. It’s mandatory that the construction complies with the relevant technical

requirements. Technical control is to help ensure compliance and avoid risk on construction projects.


There is no distinction between building works and civil works as regards the missions.

The main missions of control that should be covered are: mechanical resistance and stability, safety in

case of fire (fire resistance classes and other conditions, escape in the event of fire, protection against

30

the outbreak of fire, protection against the spread of fire inside a fire compartment, protection against

the spread of fire and fire gases between fire compartments protection against the spread of fire

between buildings, loadbearing capacity in the event of fire and fire-fighting facilities), hygiene, health

and the environment (air, light, temperature, moisture, water supply and drainage, discharges to the

environment), protection against noise (sound insulation, sound level and reverberation time), safety

in use (protection against falls, against injuries due to collisions, trapping or tripping, against burns,

explosions, drowning, being locked in, poisoning, electric shocks) and energy economy and heat

retention (limitation of heat losses, efficient use of heat, efficient use of electricity).


In order to discuss the main technical control activities in Sweden, this section is divided into three

phases of building projects: the design phase, execution phase and maintenance and use.

1. The design phase

The applications of the building permits is examined by the building committee of each municipal.

Then the design documents, building plans, etc. are verified. There are three levels of plans: general

plan, detailed development plan and special area regulations.

Room height, access, accessibility of rooms, supplementary housing facilities are the first subjects

which are checked (F. Meijer et al., 2008).

When the building permit is granted, then it is the building owner who has the total responsibility to

ensure that the civil or building work fulfills all the technical requirements. The local authorities, the

building inspection, have a purely supervisory responsibility. So, the applicants for a building permit

are responsible for arranging adequate control. The owner has to employ a technical control body in

order to ensure that the building project fulfills all the technical requirements (H. Vermande, 2011).

2. Execution phase

Before the construction work starts, the owner has to give in a construction notice to the building

authority. This notice must be sent at least 3 weeks before the start of work. This notice gives the

building committee the chance to assess the need for supervision. The committee shall convene a

meeting to examine the construction work. The following issues need to be discussed during this

meeting: planning of the works, supervision and other controls which are necessary to comply with the

technical requirements (H. Vermande, 2011).

After the meeting, the building committee shall set up an inspection plan for the works. But it still is

primarily the responsibility of the owner to set out what inspections the owner considers necessary in

order to comply with the technical requirements (Mikulits, 2006).


31

At the end of the work a completion certificate is required that the works have been performed in

accordance with the established plan. This certificate is granted by the authority (quality site

manager). There is also a certificate of ventilation control needed for most type of buildings, checked

by a certified ventilations inspector. The inspectorate of the Building committee supervises the

inspector and keeps the documents (Elios, 2010; Mikulits, 2006).


In Sweden there are many private technical control bodies. The most important bodies are

BesiktningsMan, Inspecta, Bureau Veritas and Köpa-Hus.

3.6 France


The French system of building regulations is complex. It consists of many different kinds of laws and a

large collection of official and semi-official documents. The main documents that are used are: the

laws (Lois), decrees (Décrets), implementing orders (Arrêtés) and many ministerial rulings (They can

function as regulations).

The rulings and regulations for construction are combined in the Codes. The building and housing

Code (Code de la Construction et de l’Habitation) and the urban planning Code (Code de

l’Urbanisme) are the most important ones for building regulations. The fundamental principles of

responsibility for building originate in the Napoleonic Civil Code of 1804.

This Code presumes that architects and building constructors are responsible for damage occurring in

structural works for a minimum of ten years after the completion of a building project.

Each Code therefore has a legislative part (L) and a regulative part (R). Some articles of part (R) refer

to implementing orders that are regulative documents although not part of the specific Code (F. Meijer

et al., 2002).

Spinetta Law

The Spinetta law, a law of 4 January 1978, was introduced for obligatory insurance for major

structural defects, and defects which may threaten the safety of persons (fire) or alter the performance

of the building. This law gave a legal framework for the intervention of the technical controller.

Three types of liability are included:

The guarantee of perfect achievement or garantie de parfait achèvement (1 year): art. 1792-6

C.C.

The guarantee of good running of dissociable elements of equipment or garantie de bon

fonctionnement (minimum 2 years): art. 1792-3 C.C.

And the guarantee required for the decennial responsibility or responsabilité décennale (10

years): art. 1792 and 1792-2 C.C.

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The Spinetta law requires all parties to the construction process to take up the appropriate insurance

policy before the construction begins.

Housing and Building Code (Code de la Construction et de l'Habitation - CCH)

Housing and Building Code (Code de la Construction et de l'Habitation, CCH) comprises legislative

articles and regulatory articles. It is the code that includes the laws and regulations relating to the

construction, property development, social housing and other issues related to real estate.

The Articles L111-23 to L111-26 of the Housing and Building code defines the responsibilities and

conditions of exercise of the activities of technical control. The regulatory articles are a mixture of

specifications (such as minimum floor area and volume, and sanitary provision), and performance

requirements (such as acoustic insulation, and energy efficient provision of heating and hot water).

Many regulations require implementing orders (arrêtés) to be made to set levels of requirements

(H.M. Vermande et al., 2011).

Standards and practice guides

The Housing and Building Code requirements mainly deal with safety, accessibility, acoustics and

thermal insulation of buildings. But a major part of the technical requirements in France is not laid

down in official public regulations, but in standards and practice guides that are determined by semi-

or non-public organizations (standardization institute, CSTB, private control offices and the insurance

sector). The most important are (H.M. Vermande, 2011):

The French standards, NF, which are published by AFNOR. The NF norms usually define

characteristics of products like performance tests and dimensions of construction methods,

construction systems, construction elements, materials and construction products.

The DTU’s, “Documents techniques unifiés”, are document applicable to works building in

France. These documents are approved by the NF. The DTU’s may consist of the following

documents: technical specification document or CCT (le cahier des clauses techniques),

which defines the conditions to be met in the selection and implementation of materials and

the specification of the special provisions or CCS (Le cahier des clauses spéciales), which

defines the limits of the benefits and obligations to other trades and Calculation rules for the

design of structures.

Other ‘règles de l’art’ and other professional rules.

Eurocodes

Technical approvals

French Insurance Code or Code des assurances

In France a property insurance (Art. L. 242-1 and L. 242-2 of the French Insurance Code) and the

decennial liability (Art. L. 241-1 and 242-2 of the French Insurance Code) are both mandatory in the

33

construction field, whether or not the construction takes place within a new building project or it is

carried out on an existing building, and except in some specific situations.

The obligation of insurance ( L241 articles and following of the Insurance Code) applies to works of

buildings. Art. L.243-1-1 of the French Insurance Code contains a list of construction works that are

not subject of this obligation.

The compulsory scheme enacted in 1978, is said to be of “double layer”:

Insurance against damages to the works (Art. L. 242 - 1 and L. 242 - 2 of the French

Insurance Code);

Insurance of decennial liability (Art. L. 241- 1 and L. 241 - 2 of the French Insurance Code).

In the first case, the insurance against damages to the works (DO or Dommage Ouvrage) is

subscribed to by the employer (or maître d'ouvrage), which in time will come to the benefit of the

future owners of the works, being either himself or a third person. The aim is to ensure enough

guarantees to be able to finance repair of any possible damages without having to seek recourse to

the chief responsible for the damage, thus eliminating possibility of any delays. The DO (Client

insurance) is obligatory under law (Spinetta law) (CEBC, 2008).

Secondly, the “responsabilité civile décennale” (civil responsibility, for a period of ten years) falls on

most parties in the construction process. This guarantee must be obtained by the constructor and the

project manager from an insurance company. The decennial liability insurance is obligatory for the

developer (H.M. Vermande, 2011).

Building permits are granted by the local council. But for some categories of buildings, for example

high rise flats, then the judgement is made at department level (F. Meijer, 2008).


The main interested parties in France are: the owner, the architect, the building constructor, technical

control bodies and insurance companies.

First, the owner chooses the technical control body and its missions. He decides how much money he

wants to spend into technical control. For some types of buildings the owner is obligated to use

technical control by a private technical control body. The owner decides what to do after technical

control opinion.

An architect is in most cases responsible for the design but he may use the services of a structural or

other consulting engineer. An architect cannot be a building constructor and if he prepares plans,

these must be supervised by another architect. During the conception phase, he has to transmit data

to the technical control body.

The building constructor makes the technical choices, generates the structure and follow the orders of

the costumer. He is responsible for every building defect for a ten-year period.

34

The insurance in the French construction industry is a dominant factor. Whether or not the insurance

company permit an insurance is based on the technical control of the private technical control bodies.

They insure the owner and the building constructors. More specific information about insurances can

be found in section 3.6.1.

Technical control in France is carried out by private bodies. The private technical control bodies

intervening on behalf of the owner, with a view to contributing to the prevention of technical hazards

(i.e., the risk of errors made by all professionals involved in a project) (F. Meijer et al., 2004). The

bodies make different reports (RFCT and RICT, see section 3.6.6).


The construction regulatory system in France can be described as a mandatory insured-based system

(decennial insurance), combined with control by third parties of the private sector. The system has

been mainly established by the government and is partially gathered in the Housing and Building

Code (H.M. Vermande, 2011).


The main purpose of the technical control activities is the standardization of risks in order to get

insurance companies to cover builders' liability over a ten year guarantee period. Because of the strict

liability systems and partially obligatory insurance systems in France, extensive checks and site

inspections by private organizations, commissioned by building constructors, are sometimes

necessary (F. Meijer et al., 2004).


In France technical control is mandatory for some types of building, according to the decree nr. 78-

1146 7 December 1978. There is a distinction between civil engineering works (e.g. bridges and

tunnels) and building works. Technical control of building works is most of the time compulsory and

private ‘technical controllers’ exercise this. For civil engineering works technical control is most of the

time not mandatory. In August 2005, the decree was modified and since then technical control is

mandatory for (H.M. Vermande, 2011):

The public buildings classified as 1st, 2nd, 3rd and 4th classes;

Buildings where the bottom of the highest floor is located more than 28 meters above ground

level;

Buildings, other than industrial use;

o With elements cantilevered range greater than 20 meters or beams or arcs range

greater than 40 meters;

o Including, in relation to the natural soil, parts buried deeper than 15 meters, or

foundations deeper than 30 meters;

35

o Occasions requiring underpinning or support work of adjacent structures to a height

greater than 5 meters;

in seismic areas II and III to all buildings where the floor below the last level is more than 8

meters from the ground,

in seismic areas I, II and III, the construction of buildings whose failure poses a high risk to

people or to the class C.

The main subjects of control that should be covered are structural stability (mission L) and the general

safety of individuals (mission S). Structural stability refers to the strength of foundations, frames,

providing cover closed and for inseparable elements of building equipment, those which cannot be

removed without jeopardizing the integrity of structures (for example water pipes embedded in floors).

Besides the L mission there is:

Mission LP: LP includes the Mission L. The strength of separable parts of a building. The

controller investigates if the separable parts of a building can be removed without any

damage caused to the structures above. Walls for example.

Mission LE: Strength of existing buildings and for the operations renovation, rehabilitation or

conversion. After reviewing a diagnostic analysis is carried out by the controller that checks if

the work doesn’t compromise the strength of the old parties.

In addition to the mission S, general safety of individuals, there is:

Mission SH: Safety of people in residential buildings

Mission SEI: Safety of people in public buildings.

Mission STI: Fire Safety of people

The other subjects of control are (Socotec, 2013): Mission PS: Safety of people in buildings during

earthquakes, Mission HAND and Brd: Accessibility for disabled persons, Mission TH: Thermal

insulation and energy saving, Mission PHh: Sound insulation of residential buildings, Mission PHa:

Sound insulation of other buildings then residential buildings, Mission GTB: focusses on the system

building management, Mission ENV: is a security missions to installations classified for environmental

protection (risk of fire or explosion), Mission HYSh and hysa: are additional tasks relating to health in

residential buildings (h) and other structures (a): air, waterproof, sanitation, waste, Mission CD: is on

the dynamic behavior of the machine supports, especially when their successive displacements are

likely to affect the operation of machinery or strength of structures, Mission F: Operating technical

installations and Mission PV: Control and review of the official reports of the technical installations,

Mission AV: is the stability of surrounding buildings. The controller verifies that the foundations and

infrastructure of the new structure does not jeopardize the stability of surrounding buildings affected

by the work.


36

1. The design phase

In this phase, the technical control body checks the design documents (e.g. drawings, energy check).

This second reading of the project makes a review and gives recommendations of all the technical

provisions of the project: plans, specifications and calculations. This control process is made before

the execution phase. After this review, the technical control body produces a report called initial

report of technical control or RICT (Rapport Initial de Contrôle Technique).

2. Execution phase

During the construction of the building, there is a technical checking. There needs to be checked if

the work is executed according to the building plans and the rules of art. Besides the control body, the

architect is supposed to supervise the work as well.

During the execution phase the technical control body is making occasional visits to the site and have

to participates in meetings of technical issues.

The control body gives advice after each site inspection. And at the end of execution phase the

control body has to produce a final technical control report called RFCT (Rapport Final de Contrôle

Technique).

In addition to the final control report of the control body, there is a final inspection carried out by the

local authorities or “commission de sécurité”.


In France a completion certificate is issued by the private controller, which is compulsory for public

buildings but also required for insurance purposes (Mikulits, 2006). In some cases a completion

certificate is mandatory, e.g. for buildings open to the public and high rise buildings.

Technical control may also be needed for other types of reports, such as:

“Rapport de Vérification Réglementaire Après Travaux” (RVRAT). This report mainly covers

all work under the Fire Safety for public buildings.

France has no formal procedure for the end of the construction phase for most buildings, except for

buildings open to the public and very high buildings, then a completion certificate is mandatory.


There are about 40 accredited private bodies active in France. The most important are Bureau

Veritas, Dekra, Apave, BatiPlus, BTP Consultants, Bureau Alpes Controles, Qualiconsults, RISK

CONTROL, Socotec and INOVI contrôle, amongst others.

37

4. COMPARISON OF LEGAL AND TECHNICAL FRAMEWORKS OF

TECHNICAL CONTROL ACTIVITIES

The goal of this chapter is to compare the legal and technical frameworks of technical control activities

of Belgium, the Netherlands, Sweden and France. Comparison grids can be found in the appendices.

First a comparative analysis of the legislation and construction regulatory system is made, then the

control activities are compared. At the end of this chapter the different control missions of each

country are compared.

4.1 Comparative analysis of the legislation and construction regulatory system

This section compares the legislation and construction regulatory system of the four countries. First,

the regulatory framework is discussed. Then the process of an application for a building permit of

each country is compared. The final section discusses the private and public control organizations.

Also, in appendix B, a comparison of technical regulations and building permit, construction regulatory

system and number of control bodies can be found.

4.1.1 Regulatory framework

In the four countries, the building regulations are set up by the public parties at a national level (see

Table 3). In some countries, e.g. Belgium, the building regulations can be complemented by parties at

regional or local levels. In Belgium, the different levels of authority are legislated over different

requirements.

Table 3: Level of building regulations and rules set up by public parties (Pedro et al., 2009)

Belgium The Netherlands Sweden France

National level (x) x x x

Regional level (x)

Local level (x)

The public parties take a major role in setting the regulatory framework of building control, but most

countries have schemes to ensure that private parties participate as well.

It is complicated to conclude which regulatory system is the most effective and efficient. The

effectiveness of the whole system of building control could be measured by the actual quality of the

buildings. Unfortunately this is not possible for this research. But an alternative can be found in some

indicators of the legislation. When technical control can be exercised with minimum requirements and

if it still can function in a perfect way, then there can be concluded that the system with less

requirements better functions than a system with extensive complex requirements. When the building

industry functions in a perfect way and the compliance with public requirements, then a system of

building control where the legislation and laws are kept to a minimum can be very efficient and

effective. This implies to the importance of simple, clear technical requirements but still effective,

efficient and good legislation (Visscher et al., 2003).

38

In Belgium for example the government plays a limited role when it comes to building control. The

national compulsory laws are maintained to a minimum.

In the Netherlands the Building Decree is quite complex experienced because of the large amount of

construction rules and the relationship between these rules. In order to simplify and understand the

Building Decree there are national guidelines (BRL).

The French and the Dutch system of building regulations is complex. It consists of many different

kinds of laws and a large collection of official and semi-official documents.

Sweden has three main legal acts which apply to construction. The liability of the different parties

involved in a construction project is notable because they are defined in a contractual way. This via

standard forms of contracts.

The legislation and technical requirements of the discussed countries are quite similar. The four

countries has a building law and provides publications with technical requirements for the execution of

constructions.

4.1.2 Application for a building permit – Plan approval

The application for a building permit can be submitted by the owner of the property, a person who

manages the building permit procedure on behalf of the owner, or a person who holds the right of

construction on someone else’s property. In most EU countries, the design has to be developed by a

qualified designer. Most of the time, this is the architect (Pedro et al., 2009).

Table 4 shows who is responsible for the design. In Belgium for example the authorized architect has

to be educated, having acquired the legal education diploma, recorded by the Order of Architects.

Furthermore the architect must be registered by the National Council of the Order of Architects. This

means that the title “Architect” provides a degree of certainty in terms of complying with the

regulations. In Belgium only architects of the NROA can draw the building plans that have to be

submitted to obtain the building permit.

This is not required for each country. In France for example, for small projects, the requirement to be

signed by a qualified designer is not obligated.

In other countries, e.g. the Netherlands and Sweden, there are no demands regarding the

qualification of individuals who are responsible for the design. For these countries it might be

advisable to hire a qualified designer, although it’s not mandatory.

In the Netherlands, if the building authorities is aware that the process of plan approval for designs

are not signed by a quality designer, then they pay more attention and is the control more intensive.

In the four countries, it’s the local authorities which are in charge of a building permit. But the

application procedure for building permit in the investigated countries differ quiet a lot. Regulations

determining building permit procedure can be found in Appendix B.

39

The designer is in the four countries responsible for ensuring that the design complies with planning

demands and building regulations. In all studied countries public parties check design compliance with

the planning demands. The planning demands are often the checked by the local authority. They are

in charge of enforcing building and planning regulations. Table 5 shows at which level the public

parties check the planning demands of a building permit application (Pedro et al., 2009).

Table 4: Responsibility of the design(Pedro et al., 2009)

Table 6 is based on the results of the CEBC research project, written by Mikulits in June 2006. It’s

summarizing the principal elements of building control in the responding countries. Table 6 deals with

planning and zoning, who approves the building plans, if they are obligated to approve their plans, if

it’s mandatory to announce the start of work to the authority, if a completion certificate is needed.

Table 5: Level public parties check the planning demands of a building permit application (Pedro et al.,

2009)

In most EU countries the local authorities are responsible for checking the technical requirements of

the design. Private parties may be involved in checking the technical requirements in some countries.

In France for example, for some types of buildings private parties check the technical requirements,

for some types of buildings the technical requirements of the designs are not checked.

In Sweden the technical requirements of the design are not checked. In this case is the designer’s

declaration of compliance constitutes sufficient guarantee for the building authorities.

Sometimes e.g. in France, an audit of the design may be necessary for insurance purposes. Some

requirements (e.g. indoor air quality and energy) may be checked by specific control systems that are

separate from those used during the general procedure for approving plans. Auditors may be

appointed to check either the complete design or just a part of it (e.g. Technical installations).

4.1.3 Private – public organizations

For this section Appendix B can be useful to compare the construction regulatory system of the

different countries.

Private and public control organizations can be responsible for checking design applications and

performing site inspections of building activities. In most cases, when private parties are responsible

for these tasks, then the local building authority still remains in charge to supervise the control of the

private parties (F. Meijer et al., 2004).


Qualified designer x x

Anyone x x (x)


National authorities x

Regional authorities x

Local authorities x x x x

40

Table 6: Principal elements of building control, adapted and updated from the results of the CEBC research

project (Mikulits, 2006)

Be

lgiu

m

Th

e N

eth

erl

an

ds

Sw

ed

en

Fra

nc

e

Main technical control activities

The design phase

Zoning and Planning

Planning approval by building authority X X

Planning approval by other authority X

No planning approval

Building Project

Approval of plans by building authority X X X X

Approval of plans by other authority

Approval of plans by private, independent expert

No approval of plans The execution phase

Announcements to authority X

Inspections by building authority X X

Inspections by other authority

Inspections by private, independent expert X X X

No inspections

Maintenance and Use

Completion certificate by authority * * X *

Completion certificate by private independent expert

* Only in special cases

With regard to site inspections, public or private parties can be involved. Table 7 shows the

involvement of public and private parties. In some cases, there are no mandatory site inspections,

then private parties play a dominant role in site inspections. In France some types of buildings are

conducted by private parties, some others are not checked (Pedro et al., 2009).

In Belgium, France and Sweden, private companies play an important role in providing adequate

quality technical control. The most far reaching form of the privatization of technical building control

can be found in Sweden. In Sweden the applicant may choose who conducts the site inspections (F.

Meijer et al., 2004).

The liability regulations are the basis for the insurance, especially for the decennial insurance policies,

which is used in Belgium, France and Sweden. In Belgium and France depends technical control

mainly on financial considerations. In France there are about 40 private technical control bodies. The

41

French applicants for certain types of buildings are legally obliged to hire private engineering or

control firms. Larger number of control bodies may indicates a competitive market and a higher

competitive pressure.

Table 7: Involvement of site inspections (Pedro et al., 2009)


Public x

Applicant may choose between public and private

x

Private x

x

Not checked x

In the Netherlands the execution of control activities are carried out by the municipalities. The quality

of local building control differ widely. For small cities the knowledge and skills are less advanced than

larger cities (F. Meijer et al., 2004). In 2015 a different system will enter into force. Nowadays

technical control is mainly carried out by public local technical control. That is going to change and

technical control will be carried out by private control bodies. The government also examined the

possible effects of a heavier liability and compulsory insurance.

4.2 Comparison of the main control activities

This section compares the main control activities of each country. In order to compare the control

activities, appendix C is useful. Appendix C is a grid based on the results of the CEBC project, written

by Mikulits in June 2006. The information is updated.

The necessary information is gathered in a comparable structure. The comparison grid of the main

control activities summarizes the principle elements of building control. The table explains for each

country if they are obligated to approve their plans, if it’s mandatory to announce the start of work to

the authority, if a completion certificate is needed.

This comparison grid explains the main control activities for each phase (design phase, execution

phase, completion and maintenance and use). Also, the liability and responsibility of technical control

for each phase is discussed.

4.2.1 Control during design phase

In the approval of the general plans and issuing of building permits, the building authorities are

involved. Most of the time the building authority approves the plans and technical details.

In the Netherlands checking of building plans by local authorities for the building permit take place

very late in the design phase. This will probably not lead to an optimal design.

4.2.2 Control during execution phase

In most of the countries the start of the construction has to be announced to the building authority.

Most of the time a notice has to be given to the authority at further critical stages of the construction

42

process, depending on the complexity of the project. Site inspections are intended in most of the

countries, but there are differences with regard to the frequency of inspections and to the organization

of such inspections. Sometimes the inspections are partly carried out to private persons or even the

owner or the constructor (e.g. Sweden) (Mikulits, 2006). In Belgium site inspections are performed by

private technical control bodies.

4.2.3 Completion

In many countries completion certificates are still being issued. In France a completion certificate is

issued by the private controller, which is compulsory for public buildings but also required for

insurance purposes. Table 6 and 8 show if a completion certificate is required.

Table 8: Completion certificate/ Use permit (if required) (Pedro et al., 2009)


Building authority (x) (x) x (x)

Not required (x) (x) (x)

In France only a completion certificate is mandatory for buildings open to the public and high rise

buildings.

The Belgian and Dutch buildings with public interest (e.g. hotels, hospitals, theatres, shopping

centres, etc.) require a completion certificate. In Sweden a completion certificate is required for every

type of building.

4.2.4 Maintenance and use

As regards to maintenance and use the requirements in the different countries are roughly the same.

The owner is responsible to keep the building in a good condition. The authorities can issue orders to

repair the building or for evacuation or demolition. In Sweden, France and the Netherlands there is a

last check before the building is used. Sweden monitors the ventilation by a certified ventilation

inspector. After one year, there is a moisture check in France. And in the Netherlands there is a last

control for fire safety.

4.3 Comparison of the different missions

This section compares the different missions of each country. In order to compare the different

missions, appendix D is useful. There are a certain amount of the same missions which are required

and need to be checked by every building control system in each country. Construction works must be

fit for their intended use, taking into account in particular the health and safety of persons involved

throughout the life cycle of the works. The construction works must satisfy these basic requirements

for an economically reasonable working life. Construction Products Regulation, CPR, is to ensure

reliable information on construction products in relation to their performances. The CPR contains

certain basic requirements for construction works and is set up by the European Commission.

43

The basic requirements for construction works are (European Commission, 2011): mechanical

resistance and stability (collapse of the whole or part of the work, major deformations to an

inadmissible degree, damage to other parts of the construction works or to fittings or installed

equipment as a result of major deformation of the load-bearing construction, damage by an event to

an extent disproportionate to the original cause, etc.), safety in case of fire (the load-bearing capacity

of the construction can be assumed for a specific period of time, the generation and spread of fire and

smoke within the construction works are limited, the spread of fire to neighboring construction works is

limited, occupants can leave the construction works or be rescued by other means, the safety of

rescue teams is taken into consideration, etc.), hygiene, health and the environment, safety and

accessibility in use, protection against noise, energy economy and heat retention and sustainable use

of natural resources (reuse or recyclability of the construction works, their materials and parts after

demolition, durability of the construction works, use of environmentally compatible raw and secondary

materials in the construction works, etc.).

45

5. CASE STUDY 1: Technical inspections in Belgium

To learn more about how technical inspection is carried out in Belgium, an interview with Eng. Daniel

Beurms, Business Development Manager of SECO, and Eng. Bram Van der Stocken, project

engineer of SECO, took place in February 2013.

First, the methodology of technical inspections in Belgium is discussed. Checklists or fixed model

reports are not used for carrying out technical inspections. Each project is different and unique. There

are two documents which are used for each project: a report of documentation review and a visit

report of site inspections. The two reports are discussed in this chapter. Finally, there are two

examples of visit reports of site inspections about roofing and reinforcement described. Some

additional examples of visit reports are in the appendix.

5.1 Methodology of technical inspections

In Belgium, the control activities starts as soon as possible. A defect in the concept or execution

stages can jeopardize the solidity, stability, thermal and acoustic performance of a construction work

and even so the security of its tenants. Avoiding and preventing these risks is the main mission of

technical control. Prevention to avoid eventual damages due to technical issues concerning the

stability of the structure and foundations, the water and air-tightness of the shell and the functioning of

the technical installations. Even in the stage of preparatory studies, a technical control body can be

really helpful (Seco, 2012).

A technical control inspection consists of two interactive stages. This interaction is the base of the

control inspection from concept to execution.

Stage one concerns the in depth examination of the concept and the study. During this stage the

plans, charges, technical sheets, calculations and trial results are validated. It is not sufficient to just

correct the calculations of the project engineers. The controllers always recalculate them on bases of

the plans and materials and afterwards, they compare the results. This avoids that the controller

makes the same calculation faults as the assigned technical drawing office.

Stage two is focused on site inspection visits that are carried out at regular intervals, usually more

than once a week, to check the quality of the work in progress. During the execution phase there is an

investigation of the used materials and the technology. During the execution there are regular visits to

perform site inspections but this is on a voluntary basis. There are visits on site at least once a week.

Each technical inspection emphasizes on the safety and quality issues. This reduces significantly the

risk for damages. Also a construction involves risks. Preventing risks is the main objective of a

technical control inspection (Seco, 2012).

Checklists or fixed model reports are not used for carrying out technical inspections in Belgium. Each

project is different and unique. There are two types of documents which are used for each project:

Report of documentation review (See template in Appendix E);

Visit report of site inspections (See template in Appendix F).

46

5.2 Report of documentation review

This report ensures that every drawing, sheet or document is controlled. The template of the report

can be found in Appendix E. First all the project information is given. It contains the subject, date,

representatives, consignees (e.g. the client, building constructor).

Then there is a review of the documentation. In order to have a clear overview, a table is used. This

ensures that no plan or calculation is forgotten. The table contains the description, remarks, status,

index, the number of the documents and what type of document it is.

The status and the type of the documents are indicated with two letters.

For the type of the documents the following letters are used:

ST = Stability Plan

AR = Architecture Plan

TF = Technical sheet

OD = Other document

And the status of the documents uses:

GC = No Comments

OO = Open Note

TK = For your information

AP = Special focus on this subject

V = Expired

In addition to the table, sometimes notes can be added to the report.

5.3 Visit report of site inspections

A visit report must be drawn after every site inspection. The template of a visit report of site

inspections used by SECO in Belgium can be found in Appendix F.

First there is the “current state of the work, findings/statements and remarks”. In this section a short

description of the state of the work of the construction site is explained. Then the section

“findings/statements” describes the findings that no action should be given. They are numbered per

report and do not come back in later reports. The section “remarks” describes the remarks in which a

response is expected.

Then the section “Responses to the remarks of the previous reports" explains the solutions of the

previous remarks of previous reports and this report (if they have found a solution for the problem).

The remark will be resumed with the submitted accountability.

The last section “remaining remarks” contains all the unanswered remarks of the previous reports.

Section 5.4 and 5.5 give extra information about two examples of a visit report. Appendices I, J, K and

L are other examples of visit reports of site inspections by a large technical control body in Belgium.

47

Appendix I is about reinforcement and concrete. In this project the walls were poured too high with

concrete, to allow an anchoring of the bottom reinforcement in the walls.

The level of the concrete will have to decline to an appropriate level by breaking the concrete.

Appendix J is a visit report during the excavation of a building project. During the excavation of the

new building, the constructor dug too close to the foundations of the existing building. It was

necessary to take urgent measures concerning the stability.

Appendix K is about placing prefabricated walls. In this visit report the technical control body

recommend an elastic connection with the floorboard instead of an inflexible joint.

The last example of a visit report is about a steel structure of the ground floor of the building project

(See Appendix L). In order to place the steel columns, the masonry walls have to be sawn. One of

these steel columns is located under a doorway. Therefore the lintel of the door is cut. This needs to

be repaired

5.4 Example of a visit report – roofing

This section discusses an example of a visit report of a site inspection by a large control body in

Belgium. The visit report about roofing can be found in Appendix G. First the description of the work is

described. Then the determined quality defects are explained. Quality defects can lead to risks in long

terms, which are discussed subsequently. Finally the executed adjustments are described. Also the

references with the correct execution are given.

5.4.1 Description of the work

In order to change the shortage of capacity of sport infrastructure in the Flanders, a sports hall was

constructed. The area of the project is just over 6 acres and has a height of 12 m. The building is build

up from a concrete skeleton structure.

During the visit, the control body checked the eaves of the roof.

5.4.2 Determined quality defects

The roofing wasn’t executed properly in some places:

It was important to note that on some places there was too many bubble formations in the

EPDM film of the roofing (See Appendix G, Figures 17);

In the corner of the roof a crack in the EPDM was found (See Appendix G, Figure 16);

There was no cavity cover, a wooden cover plate, fitted.

5.4.3 Risks in long terms

Blistering can be seen as an aesthetic problem, even though, this may lead to some damage to the

roof. Also the crack may lead to water infiltration. The underlying insulation can get wet, which can

result a decrease of the thermal performance of the insulation. Because of the lack of a cavity cover,

48

the correct attachment of the eaves profile wouldn’t be guaranteed. A too short roofing could lead to

water infiltration in the cavity wall.

5.4.4 References with the correct execution

For cavity walls there is a cavity cover or a cavity bridge required. This serves as support for the

roofing and is required to guarantee the correct use of eaves profiles and wall caps. Usually there is

opted for the water-resistant wooden cover plate or waterproof multiplex-, OSB or fiber cement

boards. (TV 244)

Figure 7 shows the correct execution of the cavity cover and roofing. Number 3 of Figure 7 shows the

water-resistant wooden cover plate or cavity bridge.

5.4.5 Executed adjustments

The cracks need to be repaired. The blistering was mainly an aesthetic problem, it’s not required to

repair them. The roofing which was already glued to the inside masonry needs to be detached to put

the water-resistant wooden cover plate in the roof.

5.5 Example of a visit report – reinforcement

This section discusses an example of a visit report of a site inspection by a large control body in

Belgium. The visit report about reinforcement can be found in Appendix H. First the description of the

work is described. Then the determined quality defects are explained. Quality defects can lead to risks

in long terms, which are discussed subsequently. Finally the executed adjustments are described.

5.5.1 Description of the work

An existing building was renovated and only the façade needed to be preserved. The façades of the

adjacent houses were stamped during construction. The vaults are made of concrete beams and pots,

see Figure 8. During the inspection visit the beams and pots of the floor were in progress.

Figure 7: Correct execution of the cavity cover and roofing (SECO, 2012)

49

5.5.2 Determined quality defects

The reinforcement was executed incorrectly. According to the plan is the upper reinforcement 2Ø10

and the bottom reinforcement of 2Ø16. These reinforcements were executed inside down. Figure 9

shows the erroneously placed reinforcement.

5.5.3 Risks in long terms

This could lead in to the failure of the beam because the bottom reinforcement cannot carry the

bending moments.

5.5.4 Executed adjustments

The reinforcement cage needs to be recomposed according to the reinforcement plans.

Figure 8: Vaults (Seco, 2013) Figure 9: Erroneously placed reinforcement:

(Seco, 2013)

51

6. CASE STUDY 2: Technical control by the municipalities in the

Netherlands

The case study explains how the municipalities exercise technical control of building projects in the

Netherlands. Technical control is performed using a comprehensive control protocol. This is a list of

control points and checkpoints, which the municipality depending on the type of construction can

prioritize. The first section is an introduction to the comprehensive control protocol. Then the structure

of the protocol is discussed. The information for this chapter was provided by Wico Ankersmit, the

director of the Construction and housing control association in the Netherlands (Vereniging Bouw- en

Woningtoezicht Nederland).

6.1 Introduction to the comprehensive control protocol

The Dutch Construction and housing control association or Bouw- en Woningtoezicht (BWT), the

environmental platform, large municipalities and the rural fire prevention network (NVBR) have

developed together with the Ministry of Housing (VROM) a comprehensive control protocol. The

comprehensive control protocol or integral Toezicht Protocol, iTP, is the tool for keeping of integrated,

high-quality, measurable and efficient monitoring. With this protocol there is an integral supervision of

the Wabo-law.

The iTP helps to achieve a programmatic, strategic, concerted exercise of supervision by the various

professional disciplines. These disciplines are currently: Building, Fire and Environment. In other

words, the iTP is a practical tool for monitoring during the construction phase, the use phase and the

demolition phase of a building, business or activity. Unfortunately the protocol is not used during the

design phase.

In the Environmental Law Decree or Bor (Besluit omgevingsrecht) are quality requirements adopted.

These require a programmatic, strategic and mutually coordinated implementation of supervision. The

basis of professionalism and quality supervision and enforcement within the Wabo-law is the double

loop: the Big Eight, see Figure 10. The monitoring protocol is the tool to perform supervision

according to the Big Eight.

The upper loop concerns policy choices, strategy, preparation of an implementation and policy

assessment. The lower loop involves implementation and professional approach, execution program

and monitoring. The iTP assists, while maintaining the freedom for local choices.

iTP contains a list of possible control elements (subjects) based on the General Provisions

Environmental Law (Wabo-law). The control elements are based on the well-known executive, the

Building Act 2012 and the activity decree.

The protocol meets as much as possible to architecture principles. The content has been developed

by several staff members of various municipalities and fire organizations.

Typical is the modular structure. On one hand there is missions fire, environment and building control

and on the other hand, there are three phases: execution, use and demolition phase. The modules

52

are each filled with subject-specific issues for each project phase. Construction and demolition has

process-oriented supervision moments and environment knows supervision from a snapshot.

The supervision of environment, fire and building inspection is carried out by checklists generated by

the iTP. For each project checklists can be generated. The protocol describes transparently what an

inspector has to check. The administrative choices in a practical way are included into implementation

(Arcadis, 2012).

In practice, there is a clear demand for a tool for supervision, an efficient guidance for implementation,

interchangeability of data, clarity in setting priorities and in assessing the quality of audits. Now the

Wabo entered into force and the quality requirements for the implementation and monitoring are

included in the legislation (Chapter 7 of Bor) it is clear that monitoring should take place with good

underlying policy and implementation tools.

Currently the ITP supports the Wabo related with supervision during the construction phase, the use

phase and the demolition phase within the regulations of the Housing Act, the Environmental

Management Act and the regulations thereunder as the Building Act 2012 and the activity decree.

Nowadays technical control is mainly carried out by public local technical control. That is going to

change and technical control will be carried out by private control bodies. Soon, private parties will be

able to monitor. The chance that private technical controllers will apply the same control protocol is

highly probable. From 2015 onwards the municipalities will not carry out technical control anymore

Figure 10: The Big Eight (iTP, 2013)

53

and supervise the construction sites. But the planning, aesthetic and environmental aspects such as

building safety, construction nuisance still will be under the supervision of the municipality.

6.2 Detailed structure of the protocol

6.2.1 Category classification – checklists

A building project consists of characteristic objects (e.g. façade, roof finishing, roof structure). Each

characteristic object of a building phase (execution, use and demolition phase) has its own checklist.

The checklist is based on the type of building and size. This collection of objects has the same control

profile. Together they form the integral checklist. More information about the checklist can be found in

the next section.

Figure 11 shows the modular structure of the protocol. On the one hand there is fire, environment and

building control and on the other hand, there is an execution, use and demolition phase (BWT, 2013).

Figure 11: Category classification (iTP, 2013)

6.2.2 Supervision Matrix

The supervision matrix is the actuating heart of the iTP. It determines the depth and frequency of the

control that must be performed. The building process is divided into distinctive parts: Preamble

(orientation interview, plotting construction, excavation construction pit, natural foundation and pile-

foundation), Substructure (construction foundation, sewerage and ground floor), Superstructure

(walls/ ground floor columns, scaffolding, floor+ summer first floor and construction other floors),

Facade/roof (roof structure, roof finishing, outer layer façade and facade openings) and Completion

(utilities, difference in level + floor finish, ventilation + drainage capacity, fire safety, escape routes, fire

safety installations, sound insulation, sound protection of installations, proofing of moisture,

combustion air/smoke, EP-related installations and the final check).

It also indicates when control must take place. This matrix is divided into different categories

according to the value of the work. Because the intensity of the control varies with the size and the

54

nature of the project, there are different categories used. It’s logical that a construction work with a

higher value is subject to a more intensive control. The supervision matrix can be found in Appendix

M and N. The supervision matrix is also referring to the legal basis, for each object is referred to the

specific section or chapter of the Building Decree. This can be found in the last row of appendix N.

The different categories are (iTP, 2013):

Housing (residential use)

o Cat. I: roof

o Cat. I: € <100 000

o Cat. I: € <100 000 (Complex buildings)

o Cat. II: € 100 000 – 1000 000

o Cat. III: € >1000 000

Public buildings (health, education, sports, shopping)

o Cat. I: € <100 000

o Cat. II: € 100 000 – 1000 000

o Cat. III: € >1000 000

Companies (industry, office)

o Cat. I: € <100 000

o Cat. II: € 100 000 – 1000 000

o Cat. III: € >1000 000

The supervision matrix determines when a control moment takes place and determines the profundity

and intensity of the control. This is indicated with a supervision code, which contains two characters.

The supervision code contains two letters or in some cases one letter and one number. The first letter

of the supervision code indicates when the control moment is planned. The supervision code is shown

in Figure 12. The first letter can be A, B, C or D. The control or discussion before the execution is

indicated with an A. The letter B stands for the control moment during the execution.

Figure 12: Supervision code of the supervision matrix (BWT, 2013)

55

Sometimes a check is needed before the work can be continued during execution, this is indicated

with C. After the execution there is a technical control as well. Figure 13 depict a timeline of the

control moments.

The second character of the supervision code can be a number or in some cases the letter S. This

stands for the profundity and intensity of the control. When the second letter of the supervision code is

an S, then this means that technical control is carried out by means of a sample. In the cases when

the second character is a number, then the following legend can be used:

1. Visual control (Quick Scan)

2. Assessment of the main features

3. Assessment of the main features and characteristic details

4. Full detailed control

In order to clarify the profundity and intensity of the control, an example about the control of fire

extinguishers is given below (iTP, 2013):

S. Only a few fire extinguishers of the building are controlled. (Sample taken at random).

1. Is there a fire extinguisher?

2. + Are there enough fire extinguishers for that specific area?

3. + Control of 1 fire extinguisher in detail (pressure, date etc.)

4. + Check all fire extinguishers in detail

6.3 Checklists

The supervision for environment, fire and building inspection within the comprehensive control

Protocol is uniformly described by using generated custom checklists. The protocol describes

objectively what an inspector should check.

The checklists are so oriented for each phase (of building or business) but there is ensured that the

three disciplines (environment, fire and building control) have each had their own influence. There are

checklists during the execution, use and demolition phase. The checklists are a tool for the inspector.

The checklist can be used on a tablet or Ipad. This provides the advantage that the inspector doesn’t

forget objects, more time to control the site, less time in the office.

The protocol generates checklists for all the different types of buildings. Each building type has its

own specific checklist, different checklists are generated for each phase. The support comes in the

Figure 13: Supervision code

56

form of Excel and Word documents. There is an example checklist of category III during the execution

phase (See appendix O).

6.3.1 Checklists for the execution phase

During the execution phase the iTP supports the monitoring of the Building Act 2012, the building

code and which apply to rules relating to the environment.

On April 1, 2012 the new Building Act 2012 came into force. This means that the basis of a large

number of check moments has been changed compared to the Building Act 2003.

6.3.2 Checklists for the use phase

In the Netherlands there are for the disciplines of construction, environmental and fire safety extensive

regulations. To check an object adequate, there are thousands of rules, laid down in laws, decrees

and standards. For all this to handle the participating organizations carried out extensive analyzes.

There is examined whether the large amount of rules can’t be reduced to a manageable amount,

which would ease the control moments (Arcadis, 2012).

There is also examined whether the rules out of different disciplines can be matched. Then the

elements would geared to one another. These elements could be assessed uniformly, resulting in:

Regulations (compressed) to a workable – specially tuned for that object – checklist

Reduction of the complexity

There is an online web application that depends on specific control moments and generates checklists

in the form of an MS Excel spreadsheet. This checklist generator focuses on the use phase. The

control elements of the checklist can be saved for repeated use or adjustments. The web application

can be found on the following website: www.toezichtprotocol.nu/checklisttabs.aspx.

During the use phase supports the iTP monitoring the activity decree, and the Building Act 2012.

For specific monitoring of existing construction, an additional module is added in the iTP for the use

phase. This is a tool to assess whether existing buildings meet the minimum requirements of the

Building Act 2012 for existing buildings and provides assistance to comply with the minimum

regulations (BWT, 2013).

6.3.3 Checklists for the demolition phase

During the demolition phase, the ITP supports the monitoring of the building code, the asbestos

removal decision and which apply to rules relating to the environment.

57

7. CONCLUSION

7.1 Main contributions

The goal of this dissertation was to provide a global picture of the building control systems in the

following European countries: Belgium, Netherlands, Sweden and France. This can be useful for

situating the system of each country. The main motive for a country to adapt their system is to

improve the quality of the building control. However, the financial and liability reasons also play a

major role.

In the investigated countries, the technical control activities are accredited and conform to the

standard ISO 17020. Customers seeking quality may have more confidence in the control services

that are accredited because this attests to quality, safety or other desirable characteristics. It is

essential to gain the confidence in the results of building control activities.

The authorities in the studied countries operate building procedures to assure basic construction

quality, and to verify that new buildings are appropriate to the location in which they are to be built.

The public control organizations play an important role in conducting final inspections, checking

planning demands, setting the regulatory framework, granting building permits and completion

certificates. Nowadays each country has its own building control system. As regards the organization

of building control systems, there are some aspects of the building control systems which are similar.

For example, the local authority plays a key role as regards the control of the permit application in the

four investigated countries. Whether a building project is in accordance with the local development

plans (especially the dimensions and height of the building) is one of the main control activities of the

local building authorities. Also the designer is in all investigated countries responsible for ensuring that

the design complies with the planning demands and building regulations.

There can be concluded that the public parties take a major role in setting the regulatory framework of

building control. But most countries have schemes to ensure that private parties participate as well. In

Belgium, France and Sweden, private companies play an important role in providing adequate quality

technical control, often related to insurance systems. The liability regulations are the basis for the

insurance, especially for the decennial insurance policies, which is used in Belgium, France and

Sweden. In Belgium and France technical control depends mainly on financial considerations. In the

Netherlands the execution of control activities are carried out by the municipalities.

The most far reaching form of the privatization of technical building control could be found in Sweden,

where there is a general trend of privatization of building control activities. In the Netherlands for

example, nowadays, the technical control system is mainly carried out by public local technical

control, but in 2015 it will be privatized. Soon private parties will be able to monitor, using a

comprehensive control protocol, which is now used by the local building control. If other countries will

follow the privatizing of building control activities is difficult to predict.

The main differences between the studied countries are the responsible parties for checking the

technical requirements of the drawings during the plan approval and the site inspections during the

58

execution. In Sweden the applicant is responsible to take care of the necessary inspections. More

differences are likely to exist in the quality demands of public and private bodies.

With regard to site inspections, public or private parties can be involved. In some cases, there are no

mandatory site inspections, then private parties play a dominant role in site inspections, e.g. Belgium.

In France of the control of some types of buildings are conducted by private parties, some others are

not checked.

The main purpose of technical control activities of the four countries differs. In Belgium and France,

the main purpose of the technical control activities is the standardization of risks in order to get

insurance companies to cover builders' liability over a ten year guarantee period. In the Netherlands,

the main purpose of technical control is to help ensure compliance and avoid risk on construction

projects. Besides the aim to prevent technical hazards, there is in the Netherlands a strong emphasis

on the energy performance of buildings. The main purpose of technical control in Sweden is to check

if the building complies to the technical requirements. The Swedish building committee of the local

authority can grant a permit to build but they don’t carry out technical requirements at all. Their

responsibility it is to fulfill the obligations of the local authority within the zoning, planning and building

system and to exercise supervision over building activities. Technical requirements of buildings is not

monitored by the building committee. This is checked by the private control bodies.

The dissertation included the study of technical inspections in Belgium and technical control activities

carried out by the municipalities in the Netherlands.

A technical control inspection in Belgium consists of two interactive stages. This interaction is the

base of the control inspection from concept to execution. Stage one concerns the in depth

examination of the concept and the study. During this stage the plans, charges, technical sheets,

calculations and trial results are validated. Stage two is focused on site inspection visits that are

carried out at regular intervals, usually more than once a week, to check the quality of the work in

progress. Each technical inspection emphasizes on the safety and quality issues. these reduce

significantly the risk for damages. Preventing risks is the main objective of a technical control

inspection. Checklists or fixed model reports are not used for carrying out technical inspections in

Belgium. Each project is different and unique. There are two types of documents which are used for

each project, a template for a report of documentation review and a visit report of site inspections.

In order to carry out technical control, the Dutch municipalities use a comprehensive control protocol.

The protocol contains checklists and a supervision matrix. A building project consists of characteristic

objects (e.g. façade, roof finishing, roof structure). Each characteristic object of a building phase

(execution, use and demolition phase) has its own checklist. The checklist is based on the type of

building and size. This collection of objects has the same control profile. Besides the checklists, there

is the supervision matrix, which is the actuating heart of the protocol. It determines the depth and

frequency of the check that must be performed.

7.2 Future developments

59

If a uniform European building control system would improve the quality of building control in each

country is not sure. Currently the building products are regulated at European level. It might be

important to harmonize the European building regulations. Calculation rules (in the form of

Eurocodes) could be used in each country. The formulation of the requirements are very varied, as

are the building control procedures. If there could be a uniform formulation of the technical

requirements than this could maybe lead to a building control procedure imposed by Europe. But all

countries should set their own limit values that can vary because of regional reasons (e.g. Seismic

reasons, climate). The procedure has to be transparent (F. Meijer et al., 2004). However, creating an

European building control system will be difficult.

2015 will be an important year in the Netherlands because a comprehensive control protocol will be

used by private control bodies. The local building authority still grants building permits. They have

basic qualities and skills based on many years of experience. More information about the protocol can

be found in chapter 6.

In order to implement an European building control system, a comprehensive control protocol could

be used for the building control at European level. A European framework must be established to

guarantee the competences of both public and private bodies. Some research is still required in order

to establish protocols at European level.

61

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Arcadis. (2012). Integraal Toezichtprotocol, gecoördineerd toezicht bouw, milieu en brandweer. A

publication of the comprehensive control protocol.The Netherlands.

Belac, Belgian Accreditation Organization. (2008). Conformity of products and services– a tool to boost confidence: accreditation of laboratories, inspection and certifi cation bodies. Brussels, Belgium. Belgian State. (2006, February 3). Uitreksel van het Belgisch Staatsblad. Brussels, Belgium.

Boverket, Swedish National Board of Housing, Building and Planning. (2006, February). Legislation in

Sweden. Sweden.

BWT. (2013). Integraal Toezicht - Nu en in de toekomst. Presentation about iTP. The Netherlands.

BWT. (2013). Integraal Toezicht in de praktijk. A publication of the comprehensive control protocol by

Construction and housing control association or Bouw- en Woningtoezicht. The Netherlands.

BWT. (2013). Integraal toezicht op de Wabo. A publication of the comprehensive control protocol by

Construction and housing control association or Bouw- en Woningtoezicht. The Netherlands.

CEA. (2008). Construction insurance in France. Group Comité European des Assurances. Paris,

France.

Cofrac. (2013). Regles generales pour la gestion des evaluateur et experts. Révision 2. Pp.1-17.

Paris, France.

CEBC, Benny De Blaere, SECO. (2004, October). Role and importance of voluntary certification for building control. Belgium. CEBC. (2008, May 9). Building control in the Netherlands. A presentation of the Dutch building control

by the Consortium of European Building Control . The Netherlands.

European Commission. (2011, March 9). Construction Product Regulation - Regulation (EU) No 305/2011 of the European Parliament. Official Journal of the European Union. L88/5. France, L. (1978, January 5). Loi sur l’assurance-construction dite “loi Spinetta”. Journal officiel. Paris,

France.

Housing Act. (2013). The Housing Act of the Netherlands or Woningwet . Overheid The Netherlands.

IAF. (2012, March). The value of accredited certification. International Accreditation forum. Quebec,

Canada.

IMIA conferance. (2001, September). Inherent defect insurance. A conferance of the internation

association of engineering insurers. IMIA WGP14 (01)E. Sydney, Australia.

ISO 17000. (2004, November 1). International standard ISO/IEC 17000. Geneva.

ISO 17020. (2012, May 3). International standard ISO/IEC 17020.

iTP. (2011, February). Op weg naar landelijk éénduidig sturen... A presentation of the comprehensive

control protocol or Integraal toezichtprotocol. The Netherlands.

iTP. (2013). Intergraal toezicht op wabo. Folder of the comprehensive control protocol or Integraal

toezichtprotocol. The Netherlands.

62

Johnsen, H. (2003, November 22). Local authority building control. CEBC meeting. Manchester, UK.

Meijer F., H. Vermande. (2008). The growing importance of an accurate system of building control.

RICS. Pp 1-17. Dublin, United Kingdom.

Meijer, F., Visscher, H, Sheridan, L. (2002). Building regulations in Europe. Housing and Urban

Policy studies published by DUP science, ISBN 90-407-2373-7. Delft, The Netherlands.

Meijer, F., Visscher, H. (2004). Building control : Private versus public. Article for The Delft University

of technology and the OTB Research Institure for Housing, Urban and Mobility Studies, Delft,

Netherlands.

Meijer, F., Visscher, H. (2004, 12). Bouwtoezichtsystemen in acht europese landen met elkaar

vergeleken. Article published in Bouwrecht vol 12 p1005-1015. The Netherlands.

Mikulits, R. (2006, June). Building Control Report - Building control systems in Europe (Consortium of

European Building Control). ISBN 1842192248. United Kingdom.

Ministerie van Binnenlandse Zaken en Koninklijke relaties. (2013). Private kwaliteitsborging in het

bouwtoezicht. Informationsheet by the Dutch government. The Netherlands.

Organization for Housing Warranty. (2005, September). Housing & Home Warranty Programs - World

research. Tokyo, Japan.

Pedro, J. B., Meijer, F., Visscher, H. (2009, September 11). Comparison of tasks and responsibilities

in the building control systems of European Union countries, pp 1339-1355. RICS COBRA Research

Conference, University of Cape Town. The Netherlands and Portugal.

Protect. (2010, July 6). De decenale verzekering. Infosheet about decennial insurance, Insurance

company in Belgium. Belgium.

Ramboer, I. (2008). Protect, Insurance company: Elk zijn verantwoordelijkheid. Article. Pp 1-15.

Brussels,Belgium.

RVA. (2010, November). Pamphlet: Raad Voor Accreditatie – Dutch Accreditation Council. Utrecht,

The Netherlands.

Scholten, D. i. (2006, May 9). CEBC - Consortium of European Building Control, Building control the

Netherlands, now and future. The Netherlands.

SECO. (2008, September 22). Construction quality in Belgium. A presentation by Seco. Brussels,

Belgium.

SECO. (2012). Technical inspection services for the construction sector. Infosheet. Brussels, Belgium.

Socotec. (2013). Missions de contrôle technique . Article. Pp 1-5. Saint-Quentin-en-Yvelines, Paris,

France.

Swedac. (2012). Swedish Accreditation system and Conformity Assessment. Information folder

Swedish Board for Accreditation and Conformity Assessment. Sweden.

UNIDO, I. (2010, February 26). The Conformity Assessment Toolbox. United Nations Industrial

Development Organization. Vienna.

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Unknown authors from the Consortium formed by Centre d’Etudes d’Assurances (CEA) and Centre

Scientifique et Technique du Bâtiment (CSTB). Elios (30 April 2010). “LIABILITY AND INSURANCE

REGIMES IN THE CONSTRUCTION SECTOR: NATIONAL SCHEMES AND GUIDELINES TO

STIMULATE INNOVATION AND SUSTAINABILITY”. Publication in the Official Journal of the

European Union of 02/12/2008.

van der Graaf, P., van Overveld, M. (2012). Praktrijkboek Bouwbesluit 2012 (Building Decree). Delft,

the Netherlands.

Van Der Heijden, Vermande H.M. (2011, February 15). Screening of national building regulations, Lot

1. Delft, Netherlands.

Vermande, H., Van Der Heijden, J. (2011, February 14). The lead market initiative and sustainable

construction: LOT 1, Screening National Building regulations in Belgium – PRC country report.

Y0602.01.01. Delft, The Netherlands.


construction: LOT 1, Screening National Building regulations in France - PRC country report.

Y0602.01.01. Delft, the Netherlands.


construction: LOT 1, Screening National Building regulations in the Netherlands - PRC country report.

Y0602.01.01. Delft, the Netherlands

Vermande, H., van der Heijden, J. (2011, February). The lead market initiative and sustainable construction: LOT 1, National Building regulations in Sweden – PRC Country report. Y0602.01.01. Delft, The Netherlands. Visscher, H., Meijer, F. (2003). Effective and efficient building control. Pp 1-8. Delft, The Netherlands:

OTB.

65

APPENDICES

67

Appendix A: Belgian accreditation certificate of SECO granted by BELAC

69

This accreditation certificate describes that according to the Royal Decree of January 31, 2006,

BELAC conforms that Seco is competent to exercise inspections conform to the NBN EN ISO/IEC

17020:2004. BELAC checks if Seco complies with the accreditation conditions by regular controls.

The certificate is signed by the chairman of the accreditation body BELAC, Nicole Meurée

Vanlaethem.

71

Appendix B: Comparison grid of technical regulations and building permit, construction regulatory system and number of control bodies

75

Appendix C: Comparison grid of the main technical control activities adapted from Mikulits, 2006

79

Appendix D: Comparison grid of different missions of technical control activities

81

CPR Belgium The Netherlands

Different missions

Distinction between civil works and building

works

No. No.

Missions 1. Mechanical resistance and stability

Structural stability Structural stability

Stability under construction Resistance stability

Dynamic and vibration behavior; Construction and demolition

Seismic actions;

Stability of existing and adjacent structures

Stability of façade, trusses, foundation

"Non progressive collapse" of structures

Seismic actions

2. Safety in case of fire Fire safety of buildings Safety in case of fire

Fire safe use

Safe use of escape routes

3. Hygiene, health and the environment

Asbestos Health;

Works to landfills and polluted sites Damp proofing

Dynamic and vibration behavior Ventilation and flue gas outlet

Daylight

Damaging circumstances

4. Safety and accessibility in use General safety Usefulness

General safety of individuals User safety

Safety of persons in finished buildings Accessibility of buildings for people with disabilities

Fire safety installations

5. Protection against noise Acoustics and Sound insulation Sound insulation

6. Energy economy and heat retention

Energy audits of buildings Energy-saving

Thermal insulation Thermal insulation

Operating technical installations Installations;

Presence of artificial lighting

Electricity consumption, gas

7. Sustainable use of natural resources

Certification of sustainable construction

The performance of technical equipment of buildings

Consumption, heating ( water supply, sewerage)

Missions not included in the CPR

Assistance in risk management as a tool for decision-making

Technical arbitrations

External monitoring of quality assurance plans

The refurbishment of redeploying areas of activities in the past

82

CPR Sweden France

Different missions

Distinction between civil works and building

works

No. Yes.

Missions 1. Mechanical resistance and

stability Structural Stability Mission L: Structural stability

Mechanical resistance

Mission LP: The strength of separable parts of a building

Mission LE: Strength of existing buildings

Mission AV: is the stability of surrounding buildings.

2. Safety in case of fire Fire safety of buildings Mission STI: Fire Safety of people

Fire safe use and escape routes

3. Hygiene, health and the environment

Faulty discharge of waste water, emission of flue gases or faulty disposal of solid or liquid waste;

Mission ENV: is a security missions to installations classified for environmental protection (risk of fire or explosion)

Mission HYSh and hysa: are additional tasks relating to health in residential buildings (h) and other structures (a): air, waterproof, sanitation, waste

4. Safety and accessibility in use General safety Mission S: General safety of individuals

Fire safety installations Mission HAND and Brd: Accessibility for disabled persons

Accessibility of buildings for people with disabilities

Mission PS: Safety of people in buildings during earthquakes

5. Protection against noise Sound insulation Mission PHh: Sound insulation of residential buildings

Mission PHa: Sound insulation of other buildings then residential buildings

6. Energy economy and heat retention

Thermal insulation Mission TH: Thermal insulation and energy saving

Technical installations Mission F: Operating technical installations

7. Sustainable use of natural resources

Durability of the construction works

Mission GTB: focusses on the system building management

Missions not included in the CPR

Mission CD: is on the dynamic behavior of the machine supports, especially when their successive displacements are likely to affect the operation of machinery or strength of structures

Mission PV: Control and review of the official reports of the technical installations

84

Appendix E: Template for a report of review of documentation

86

REPORT OF DOCUMENTATION REVIEW

File nr. : Concerns: Name of the case

Subject: Evaluation of the closed carcase

Date: Representative: Consignees: Client: Constructor: Architect: Design office: Manufacturer:

1. Review documentation Legend type documents:

ST = Stability Plan

AR = Architecture Plan

TF = Technical sheet

OD = Other document Legend Status:

GC = No Comments

OO = Open Note

TK = For your information

AP = Special focus on this subject

• V = Expired

87

Report nr Visit of File nr

Typ

e d

oc

um

en

t

Nu

mb

er

do

cu

me

nt

Ind

ex

Description

Sta

tus

Remarks

AR 1.5 A Location plan, regional plan, implementation plan, terrain profile

TK

AR 2.5 A Floor plan TK See remarks execution plans

AR 5.5 D Section plan AP

2. Notes

Sir/Madame X Project Engineer

Civil & Stuctural Engineering Signature

X

88

Appendix F: Template for a visit report of site inspections

90

MISSION OF TECHNICAL EVALUATION

Visit report: Nr. File nr. : Concerns: Name of the case

Place of the control visit: Site

Subject/reason of the visit: Date of the visit: Representative: People present: Client: Constructor: Architect: Design office: Manufacturer: Consignees: Client: Constructor: Architect: Design office: Manufacturer: Date of the distribution: Appendices: Internal copies:

91


1. Current state of the work, findings/statements and remarks.

1.1 Current state of the work

Short description of the state of the work of the construction site.

1.2 Findings/Statements

This section describes the findings/statements that no action should be given. They are numbered per

report and do not come back in later reports.

1. Statement one;

2. Statement two;

3. Statement three;

…

1.3 Remarks

This section describes the remarks in which a response is expected. These remarks will be

reproduced in future reports when a solution is found.

1. Remark one;

2. Remark two;

…

92

2. Responses to the remarks of the previous reports

This section explains the solutions of the previous remarks of previous reports and this report (if they

have found a solution for the problem). The remark will be resumed with the submitted accountability.

Remark 1 of report X

For this remark they found a solution.

Remark 3 of report X

For this remark they found a solution see document X.

3. Remaining remarks

Here are all unanswered remarks of the previous reports resumed.

4. Notes



X

94

Appendix G: Example of a visit report – roofing

96


Visit report Nr File nr. : Concerns: Name of the case


Subject/reason of the visit: Review of structural work Date of the visit: Representative: People present: Client: Constructor: Architect: Design office: Manufacturer: Consignees: Client: Constructor: Architect: Design office: Manufacturer: Date of the distribution: Appendices: None Internal copies:

97




During the visit, the following works are in progress:

Placing the EPDM film on first floor between axis 16-19 / HM

During the visit the roofing was already placed. The roofer confirmed us that the roofing was executed

as followed:

Material: Firestone RubberGard EPDM membrane 1.5mm

Attachment of the EPDM and the insulation: Firestone Bonding Adhesive BA-2004 (fully gluing

together)

Attachment of the concrete and the insulation: Firestone ISO Twin Pack Insulation Adhesive


During the control of the part of the installed roof, the following errors where found:

1. The roof is not equipped with a cavity cover, for example a water-resistant wooden cover plate.

Figure 15: Correct drawing of the eaves

with the wooden cover plate Figure 14: Eaves of the roof

98

As described in ATG 06/2249, a Belgian guideline, it is appropriate to place a water-resistant wooden

cover plate over the full width of the eaves. During our visit we have observed that there was no

water-resistant cover plate used.

2. The EPDM should be placed with sufficient attention, so there are no wrinkles, bubbles and cracks.

According to us, the EPDM can be executed more accurately. For example, the bubble formation in

the corner of the eaves has to be removed and should be restored. Also crack formation should be

avoided and, if necessary it’s has to be restored.

3. When we walked on the roof, we noted that there are several insulations that can move. We

wonder whether the bonding insulation - concrete is well executed. To our knowledge, the used glue

is not included in the ATG.

Figure 16: Cracks in the EPDM

Figure 17: Bubbles and wrinkles in the EPDM

99

1.3 Remarks

We require an implementation plan with the drains and gutter spouts.


The study office confirms that there is no problem concerning a nuisance to the vaults of 350 kg/m²

due to the poly concrete. The technical control body did not receive any calculation notes of the

vaults. We ask them to transmit the calculation notes as soon as possible.


7. Notes



X

Figure 18: Insulation is movable

100

Appendix H: Example of a visit report – reinforcement

102




Subject/reason of the visit: Assessment of structural works and finishing Date of the visit: Representative: People present: Client: Constructor: Architect: Design office: Manufacturer: Consignees: Client: Constructor: Architect: Design office: Manufacturer: Date of the distribution: Appendices: None Internal copies:

103




The upper ground floor:

During the visit, the reinforcement is being executed. There are currently no cold bridges determined,

which is checked using the drawings.

Reinforcement:

P1.5 beam, the beam was reversed! The building constructor has admitted the error. The

reinforcement was executed incorrectly. According to the plan is the upper reinforcement 2Ø10 and

the bottom reinforcement of 2Ø16. These reinforcements were executed inside down.

beam 1.3

The assembly of bar 38 were cut off. New brackets will be added.

Figure 19: execution of the floor (the vaults) Figure 20: Execution of the reinforcement

104

Note: on the plan it seems that beam 38 and 39 were reversed. The building constructor has adjusted.

We haven’t seen a remark on the form. A confirmation of the design office is required.

1.2 Remarks



4. Notes



X

Figure 21: Execution of the reinforcement

106

Appendix I: Example of a visit report

108




Subject/reason of the visit: Reinforcement plate above +9 Date of the visit: Representative: People present: Client: Constructor: Architect: Design office: Manufacturer: Consignees: Client: Constructor: Architect: Design office: Manufacturer: Date of the distribution: Appendices: None Internal copies:

109




The building constructor has started with the reinforcement of the plate above +9 (+46.78)


The plate will be reinforced according to the plan 11-SN-2-09-21. At the time of the visit, the bottom

reinforcement was being placed. The reinforcement is placed and in accordance with the plan.

However, we note that the walls are too high poured with concrete, to allow an anchoring of the

bottom reinforcement in the walls. The bars of the reinforcement should have to be raised. Or the

level of the concrete will have to decline to an appropriate level by breaking the concrete.

The building constructor has agreed to break the concrete to a lower level, so the bottom

reinforcement can be anchored.

110

1.3 Remarks


The study office confirms that there is no problem concerning a nuisance to the vaults of 350 kg/m²

due to the poly concrete. The control body did not receive any calculation notes of the vaults. We ask

them to transmit the calculation notes as soon as possible.


4. Notes



X

112

Appendix J: Example of a visit report

114




Subject/reason of the visit: Assessment of structural work Date of the visit: Representative: People present: Client: Constructor: Architect: Design office: Manufacturer: Consignees: Client: Constructor: Architect: Design office: Manufacturer: Date of the distribution: Appendices: None Internal copies:

115




Parking:

Excavations are executed (axis 13 – 17)

The concrete plate is poured with a certified (with the BENOR benchemark) concrete: C30/37 EE1 S4

During the excavation of the new building, the constructor dug to close to the foundations of the

existing building. We believe that the level of the existing foundation is higher or equal than the

excavated level. It is necessary to take urgent measures concerning the stability.

116

Renovation:

Breaking out of the floor in the basement building A:

We see visually that the existing foundation is not executed everywhere homogeneous. In the areas

where the existing foundations not reach deeper than the evocated level, then there should be taken

urgent actions concerning the stability.

2. Responses to the remarks of the previous reports /


Notwithstanding this is not a part of our assignment, but we want to appoint the steep slopes near the

adjacent buildings. We believe that a review of the engineering office is recommended in order to

guarantee the safety.

4. Notes

By viewing the previously poured concrete plate (4) (poured in very hot weather), we noted that there

occur more cracks than in the other floor plates.



X

118

Appendix K: Example of a visit report

120




Subject/reason of the visit: Placement prefabricated walls Date of the visit: Representative: People present: Client: Constructor: Architect: Design office: Manufacturer: Consignees: Client: Constructor: Architect: Design office: Manufacturer: Date of the distribution: Appendices: None Internal copies:

121




Placement walls level 7 +. Start masonry on the ground floor

1.2 Findings/statements

We check the proper placement of the prefabricated panels and piers. We hereby declare that there

are no abnormalities. Regarding the hollow and solid prefabricated walls we point out again the

importance of a good under fill.

On the ground floor there is started with the mason of the walls in concrete blocks. They placed a

moisture-sealed film above the first row of bricks. Joint reinforcement is also provided. For non-

bearing walls, we recommend an elastic connection with the floor board instead of an inflexible joint.

122



4. Notes



X

124

Appendix L: Example of a visit report

126




Subject/reason of the visit: structural work groundfloor Date of the visit: Representative: People present: Client: Constructor: Architect: Design office: Manufacturer: Consignees: Client: Constructor: Architect: Design office: Manufacturer: Date of the distribution: Appendices: None Internal copies:

127




The steel structure of the ground floor is installed. The vaults are placed.

1.2 Findings/statements

The column feet are encased in order to be poured. Some have already been poured.

The beam is prefabricated in several pieces and placed. The compounds are yet to be poured. Also,

the horizontal anchoring of the back façade is still to be executed.

The vaults are placed on a neoprene strip. The samples of the bearing length are decent executed.

There is always at least 7 cm established.

128

1.3 Remarks

On the street side are the masonry walls sawn in order to place the steel columns. One of these

columns is under a doorway, this is why the lintel of the door is cut. Currently the lintel is supported.

This needs to be permanently repaired.

Concerning the independent steel structure on a new foundation, the horizontal connections between

the floor plate and the existing façades was one of our main concerns. There was decided to reinforce

the bearing layer of the vaults by drilling nets and bars in the masonry. Today we noted that the

bearing layer is poured with steel fibers. Moreover, the entire span is divided into two zones,

separately poured and smooth shuttered, this is the reason why there is no 'pull connection' between

the two zones. The bearing layer can't serve as a trigger between the façades. For this problem is a

solution needed.

129



4. Notes



X

130

Appendix M: Supervision Matrix (Housing and Public)

134

Appendix N: Supervision matrix (companies and others)

137

Appendix O: Checklist iTP during execution phase (Category III- Public/Enterprises

Comprehensive control protocol VBWTN

Project: .... Functions: Public-Enterprise

Location: .... Category: III

S sample, 1 visual check (Quick Scan), 2 assessment of the main features, 3 assessment of the main features and characteristic details, 4 full detailed control

Version, 01-04-2012 (Building Decree 2012) Page 1 of 6

Project Information

Name of the project: ....

Executor:

Address: .... Phone:

Lot nr.: Mobile:

Mailing address: Fax:

Presence:

Parties: Contact person: Phone: Fax: Email address:

Client:

Contractor:

Architect:

Manufacturer:

Notification of the project completed and approved Comply: Date: Name Controller: Signature controller:

Visit state

Note Control-

ler

Explanation + time spent

nr..nr Date

Control

moment Description points of interest

Guideline

Reference* Legal basis

Inap

pli

c

-

able

S

ati

sfie s

Equ

ival

-en

t U

ns

atis

-

fact

ory

R

e

mar

ks






nr Level

1 A3 Orientation interview BB Hfdst. 8

Building permit BB art.1.23

Discuss action plan RL-oriëntering BB Hfdst. 8

Protect adjacent plots BB art. 8.2

Site layout plan BB art. 8.3

2 A2 Plotting construction BB art. 1.24

BWT approved drawing/design in accordance BB art. 1.23

Construction safety plan

Street level, alignment BB art. 1.24

3 B1 Excavation construction pit BB art. 8.2/8.7

Construction pit safety BB art. 8.2

Ground retaining BB section 2.1

Protecting adjacent structures BB section 8.1

Cables, pipes, groundwater

Drainage BB art. 8.7

Processing outcoming/ contaminated soil BB section 5.2

4 B3 Natural foundation / Soil improvement BB section 2.1

BWT approved foundation advice/ design in

accordance BB art 1.23

Construction depth

Equal excavation

Apply soil in layers / compacting each layer

5 C3 Pile-foundation BB section 2.1


Foundation advice

Construction depth

Pile defects measured BB section 8.1

Quality control piles

6 C3 Construction foundation/ basement BB section 2.1


Pile defects processed

Construction depth foundation

Basement construction

Impact on adjacent structures BB section 8.1

Control concrete construction first deposit

Control concrete construction second deposit

7 B1 Sewerage BB section 6.4

Control of pinelines

Confirmation/ piping transit

8 B2 Ground floor BB afdeling 2.1 en 2.2


Control concrete construction first deposit

Control concrete construction second deposit

Insulation BB section 5.1

9 B3 Walls/ Ground floor columns BB section 2.1

en 2.2







imposition/fixing of prefab elements

Structure control (concrete etc)

10 B2 Scaffolding BB art. 8.2

BWT approved drawing present BB art. 1.23

Scaffolding works (safety) BB art. 8.2

11 B3 Floor + summer first floor BB section 2.1 en 2.2


Structure control:

- concrete

- steal

- other materials

Impositions

Construction safety BB art. 8.2

Fire resistance on succumbing

Main construction / escape routes BB section 2.2

12 B3 Construction other floors BB section 2.1

en 2.2

Fire resistance on succumbing

Main construction / escape routes BB section 2.2

2nd Floor construction

- Floor areas

- columns/ walls

- Mounting (e.g. Prefab elements)

3rd Floor construction

- Floor areas

- columns/ walls


4th Floor construction

- Floor areas

- columns/ walls


5th Floor construction

- Floor areas

- columns/ walls


13 B3 Roof structure BB section 2.1 en 2.2


Control structure

Mounting installations BB section 2.1

14 D2 Roof finishing BB section 2.1, 3.5, 5.1, 6.4


Accumulation of water

BB section 2.1

Discussing certification

15 B2 Outer layer facade BB section 2.1,

3.5, 3.10, 5.1


Apply appropriate materials/ colors

Mounting






16 D2 Facade openings

BB section 2.3,

2.7, 2.15, 3.1, 3.5, 3.7, 5.1


Locksmithing burglar proof (submit certificate) NEN 5087, NEN 5096

Control dimensions doorframe

Mounting window frames

17 D1 Utilities NEN 2768 BB section 6.2, 6.3

Control meter box

Pipes/ undamaged penetrated

grounding

18 D3 Difference in level + Floor finish BB section 2.3-

2.6, 4.4-4.5, 5.1

Control of staircase, handrail, balustrade BB section 2.5

Fall prevention of façade openings BB section 2.3

19 D3 Ventilation + drainage capacity BB section 3.6

Ventilation according to the calculations BB section 3.6

Controllability vents BB section 3.6

Drainage capacity BB section 3.7

20 D3 Fire safety RL-brandveilig BB section 2.8,

2.9, 2.10, 2.11

BWT approved drawing/design in accordance BB art.1.23

Fire resistance main structure

Escaping routes BB section 2.2

Compartmentalization: BB section 2.10

- size compartments

- fire separations fire compartments

(incl. fire transmission roof ) NEN 6068

- ducts and fire dampers

- self-closing doors

Subbrandcompartimentering: BB section 2.11

- size subcompartments

- fire separations fire subcompartments

(incl. brandoverslag gevelopeningen en dak)

- ducts and fire dampers

- self-closing doors

Fire and smoke emission: used materials BB section 2.10

en 2.11

- escape routes (walls and floors)

- façade and roof

- inner side of shafts/ducts and canals

- fire place and smoke removal ducts

Certificate deliberate

21 B4 Escape routes BB section 2.12


Control escape route: BB section 2.12

- dimensions passage

- direction doors






- implementation door furniture

- walking distance

- inscriptrions exterior doors (incl. doors

stairwells) BB art. 6.25

- marking escape route BB art. 6.24

- automatic doors BB art. 6.25

22 B3 Fire safety installations BB section 6.5


Extinguishing (fire hoses and extinguishers) BB art. 6.31,6.33

Dry fire pipe BB art. 6.29

Pump installation BB art. 6.29, 6.30

Smoke detectors in residential function BB art. 6.21

Fire alarm BB art. 6.20

Evacuation alarm BB art. 6.23

Sprinkler installation BB art. 6.32

Fire lifts BB art. 6.23

Emergency lighting installation

Orientation lighting BB art. 6.5

Smoke control system BB art. 6.32

23 D2 Sound insulation BB section 3.3

en 3.4

Soundproofing external separation structure

baffles

24 DS Sound protection of installations BB section 3.2

Contact sound insulation NEN 5077

Sound insulation NEN 5077

25 DS Proofing of moisture BB 3.6, 3.7

Ventilation crawlspace BB 3.16

Waterproof external

Separating structure BB 3.6

Waterproof interior separating structure

(bath/toilet) BB 3.7

26 D3 Combustion air/ Smoke BB section 3.5

BWT approved drawing/design in accordance BB section 3.9

Supply of combustion air

Smoke removal

27 D2 EP-related installations EP-check BB section 5.1,

5.2

Heating appliances

Mechanical ventilation

Solar collectors and heat recovery installations.

28 D2 Final check

accessiblity BB section 4.4

Safe maintenance facilities available BB section 6.12

Previous remarks processed

Testing installations BB art. 1.16

Release for use BB art. 1.25






nr. Remarks App.

Code: Check

by: Satisfies