Building Process: Regulations, Requirements, and Handover

Posted on Apr 7, 2025 in Business Administration and Innovation Management

General Provisions

Subject

  1. The regular process of building, establishing obligations, liabilities, and warranties for agents to ensure quality.
  2. Prevention of occupational hazards and specific legislation.
  3. General government contracts.

Scope

  1. The building process, encompassing the action and result of constructing a permanent building (public or private) for primary uses including:
    • a) Administrative, health, religious;
    • b) Aeronautical, hydraulic, mining, sea/river/air transport, forestry, industrial, naval;
    • c) All other building types.
  2. A building project is required for:
    • a) New constructions of technical simplicity, non-residential/public character, and single-story.
    • b) Extensions, modifications, alterations, or rehabilitations that alter the architectural configuration.
    • c) Work on listed buildings (environmental, historical, or artistic).
  3. Building scope includes fixed installations and elements of urbanization.

Technical and Administrative Requirements

Basic Building Requirements

  1. To ensure safety, welfare, and environmental protection, buildings must be designed, constructed, maintained, and preserved to meet the following basic requirements:

Functionality

  • a.1) Suitability of space positioning and dimensions for intended functions and provided facilities.
  • a.2) Accessibility: Ensuring access, mobility, and communication, particularly for individuals with reduced mobility.
  • a.3) Services: Provision for telecommunications, audiovisual, and information services.

Security

  • b.1) Structural Safety: Ensuring the building’s structural integrity.
  • b.2) Fire Safety: Including safe evacuation routes and measures to limit fire extension.
  • b.3) Safety in Use: Preventing risks associated with the normal use of the building.

Habitability

  • c.1) Hygiene, Health, and Environmental Protection: Maintaining healthy indoor conditions and protecting the environment.
  • c.2) Noise Protection: Adequate insulation and measures against noise pollution.
  • c.3) Energy Saving and Thermal Insulation: Promoting energy efficiency.
  1. The Technical Building Code establishes guidelines and basic quality requirements, forming the fundamental rules for building.

Project Definition

  1. A set of documents that define and determine the technical requirements for the building project. This includes coordination of partial projects and necessary documentation.

Licenses and Permits

Required licenses, permits, or other administrative authorizations necessary for construction.

Receipt of Work

  1. The formal event where the builder, upon completion, hands over the work (either the whole project or completed phases) to the promoter.
  2. A signed report documenting the receipt must contain:
    • a) Identification of the parties involved.
    • b) The date of the final certificate for the whole work or the completed and finished stage.
    • c) The final value of the actual execution of the work.
    • d) A statement confirming the receipt of the work, specifying if it’s with or without reservations.
    • e) Details of any safeguards or guarantees required from the builder to ensure their responsibilities.

    The final building certificate, signed by the construction manager and the director of the execution of the work, must be attached.

  3. The promoter has the right to reject the reception of the work, provided there is written justification.
  4. The formal reception of the work should occur within thirty days from the date of termination.
  5. The calculation period for liabilities and warranties, as set forth in relevant legislation, commences from the date the minutes of receipt are signed.

Documentation of Performed Work

The final project documentation, incorporating any duly adopted amendments, must be provided to the promoter. This documentation package should include:

  • The minutes of receipt.
  • Identification and relationship of the agents involved in the process.
  • Instructions for the proper use and maintenance of the building.

A ‘Building Book’ or equivalent documentation should be delivered to the end-users.