Diptych Building Quality Assurance Act Part 1 - Wkb: permit application on a slate?

Introduction: a collapsed roof and quality assurance

After the collapse of the roof of the Alkmaar AFAS stadium, the quality of roofs is under a magnifying glass. Although it is too early for conclusions, it is certain that such a roof should not collapse under the circumstances, whether or not it complies exactly with the applicable rules. Meanwhile, the blame game has begun, also raising the question of how to prevent such potential disasters in the future. The inevitable call for more and better supervision will no doubt be included in the solution.

Coincidentally, the government has been working for some time on the Building Quality Assurance Act (Wkb), which is scheduled to take effect on Jan. 1, 2021. The Wkb affects two important parts of the construction process, namely the review of building plans and the liability of the contractor. Under the Wkb, not the competent authority, but an independent 'quality assurance agency' will assess whether a building plan meets the building regulations of the 2012 Building Code. Furthermore, unlike now, the contractor remains liable after completion for all - including hidden or invisible - defects.

With the collapse of the AZ roof in mind, it is advisable for the roofing sector to anticipate the Wkb in good time. In a diptych, we explain the concrete consequences of the Wkb for clients and contractors. In this Roofs part 1 on quality assurance of building plans.

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Building plan review: assurance plan and quality assurance contractor

Currently, an application for an environmental building permit requires a plausible demonstration that the building plan complies with the technical building regulations of the 2012 Building Code, based on technical drawings and structural calculations. This assessment is carried out by the competent authority, usually the Municipal Executive.

Under the Wkb, an application for an environmental permit is accompanied by a 'assurance plan'. This must show the competent authority that the application of a 'quality assurance instrument' by a 'quality assurance agency' ensures that the building to be erected complies with the technical building regulations of the Building Act 2012. This independent quality assurance agent should therefore be engaged even before the application is submitted to assess the building plan and also remains involved in the building plan during construction. The quality assurance instrument used by the quality assurance contractor must be approved by the newly established 'Review Organization'.

With proper application of a quality assurance instrument, an application is no longer tested against the 2012 Building Code. After all, this has already been done by application of the quality assurance instrument. If the other grounds for assessment are met (zoning plan, welfare, building regulations), the environmental permit should be granted.

For now, the quality assurance system applies only to structures in "consequence class 1": less risky buildings and structures such as homes and simple commercial buildings such as an industrial hall. This will later be extended to more complex structures in higher consequence classes. For stadium roofs, therefore, the old system still applies for the time being, but it cannot be ruled out that the collapse of the AZ roof will lead to an accelerated introduction.

Other changes

Another new feature is that a building may not be put into use until ten days after its completion. The notification of completion must be accompanied by a statement from the quality assurance agency that the building regulations have been met and by a "competent authority file". The competent authority file consists of, for example, information about the use of the building, such as the designation of user functions and fire safety installations. If components are missing from the completion report, the competent authority may decide that the building may not (yet) be put into use.

Furthermore, several types of structures are exempted in their entirety from testing against the 2012 Building Code. This concerns structures that are usually already permit-free in rear yards, such as dormers and sheds. However, this does not affect the fact that these structures must still comply with the technical building regulations in the 2012 Building Code.

In conclusion

The Wkb changes the way a building plan is assessed. The 2012 Building Code itself does not change. However, there does seem to be more room for the use of (innovative) equivalent solutions. Furthermore, the competent authority remains the one who can take enforcement action if the technical building regulations are not met, for example in response to information about this from a quality assurance agency.

Tips related to quality assurance

1. Involve the quality assurance contractor in the building plan in a timely manner.

The quality assurance officer may conclude that the building plan does not comply and that modifications are needed before approving an assurance plan. So involve a quality assurance contractor in time to avoid any nasty surprises last minute.

2. Provide your own quality control

If the quality assurance officer determines that the contractor's own quality control is in order, his inspection will be less intensive and time-consuming. Evidence from the contractor that he has properly inspected the work himself will then suffice. This saves time and money.

3. Ondevelop a proprietary quality assurance tool

For certain roofing concepts, it is possible to consider developing your own quality assurance tool with different experts. Not only is that tool then precisely tailored to the product, but it can also include its own delivery and quality requirements. This leads to the next opportunity:

4. Link the quality assurance officer's judgment to correct delivery

The quality assurance officer can check more than just the building regulations in the 2012 Building Code. Especially with roof concepts, various delivery points can be recorded in the quality assurance instrument. In that case, it can be considered to lay down that the delivery for the buyers is done by the quality assurance officer. He can then already make adjustments during construction, instead of only being confronted with defects during the delivery moment.

Click here for Part 2 of the diptych Building Quality Assurance Act - Extended contractor liability

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