Legal Framework and Standards in Architectural Planning

Posted on Jan 30, 2025 in Business Administration and Management (BAM)

Hierarchy of Legal Prescriptions

The hierarchy of legal prescriptions is as follows:

  1. Acts
    • 1997 LXXVIII. Act – On the Built Environment
    • 2001 LXIV. Act – On the Protection of Cultural Heritage
  2. Governmental Orders
    • 312/2012. (XI. 8.) Governmental Order – On the Procedures and Controls of Construction Supervision and the Services of the Construction Authority
  3. Ministerial Orders
    • 28/2011 (IX.6.) Order of the Ministry for Home Affairs – On the Regulation of Fire Protection
  4. Local Statutes – Orders of the authorities
  5. Regulations of Institutes/Companies, Organizations
    • 47/1998 Order of the General Assembly of Budapest City – On the Frame Regulations About the Building Process and the Urban Shaping of Budapest

Five Main Areas of Regulation in Architectural Planning

  1. Limitations
    • Building height
    • Gross built area
    • Minimum green surface
    • Functional limitations – building areas
  2. Heritage Protection
    • World heritage sites
    • National listed monuments
    • Local listed buildings
    • Protected heritage areas
  3. Technical Requirements
    • Use performances (light, air, access, etc.)
    • Energy consumption
    • Endurance requirements
    • Material quality
    • Mechanical stability
    • Weather resistance
  4. Safety Rules
    • Fire resistance
    • Safeguarding
    • Work and use safety
  5. Process
    • Documentation requirements
    • Process protocol
    • Licenses
    • Requirement of consents

Levels of Heritage Protection

  1. National listed monuments (blue shield, protected even in case of war), UNESCO World Heritage sites
  2. Local listed buildings
  3. Partially protected

Inner and Outer Controlling Processes in Construction

Controlling by Quality Surveyor

  • Control of the plans in accordance with the standards and regulations
  • Control of the assignment of the building
  • Control of the conformance of the applied material (CE, etc.)
  • Ensure the execution of the prescribed tests (e.g., soil mechanics)
  • Controlling quality prescribed by the standards
  • Controlling hidden structures and volume of the completed work before getting covered (e.g., reinforcement)
  • Controlling the volume of the completed work
  • Continuous control of the construction logbook
  • Note all failures (deficiencies and faults) in the construction logbook
  • Informs the client if the completed work is according to the contract (volume, standards, prescriptions, etc.) – (Is it suggested for the client to pay all the bills or not?)
  • Take part in the handover process

External Controlling Process

  1. Local Authority
    1. Building consent (compulsory site control involved in the procedure, before any construction work is performed)
    2. Permission of use (compulsory site visit during the procedure (control of the fulfilled building – control all aspects that have to be authorized)
  2. Construction Supervision by the State (probable site visit during the construction process)

Hierarchy of Standards

The hierarchy of standards is as follows:

  1. International standards (CE, EN)
  2. National standards (ANSI, NS, TSE, SA, MSZ, DIN, ÖN, BS)
  3. Guidelines (used by a group of companies)
  4. Company standards

Ways a Standard Can Be Cited in Regulations

  • In general -> all the concerning standards are prescribed
  • With name -> a specific standard (the latest version) is compulsory
  • With name and date -> a specific standard (the cited version) is compulsory

General Standards

  • ISO 9001:2000 – Quality Management Systems – Requirements
  • ISO 14001:2004 – Environmental Management Systems. Requirement with Guidance for Use
  • OHSAS 18001:2007 – Occupational Health and Safety Management Systems. – Requirements
  • ISO/IEC 27001:2005 – Information Technology – Security Techniques – Code of Practice for Information Security System

Functional Standards

  • ISO 10006:2003 – Quality Management Systems – Guidelines for Quality Management in Projects
  • ISO 10015:1999 – Quality Management – Guidelines for Training
  • ISO 19011:2002 – Guidelines for Quality and/or Environmental Management Systems Auditing