Ordinance Amending The Notice Of The Publication Of Building Regulations 2008 (Br08) (Temporary And Occasional Profession As Well As Establishment As Recognized Structural Engineer)

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om offentliggørelse af bygningsreglement 2008 (BR08) (Midlertidig og lejlighedsvis erhvervsudøvelse samt etablering som anerkendt statiker)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=121802

Ordinance amending the notice of the publication of building regulations 2008 (BR08) (Temporary and occasional profession as well as establishment as recognized structural engineer)

§ 1

In executive order No. 45 by 30. January 2008 regarding the publication of building regulations 2008 (BR08) is amended as follows:

1. Annex 1.3 is replaced by the annex 1 to this notice.

§ 2

The notice shall enter into force on the 31st. October 2008.
The Danish enterprise and construction authority, the 28. October 2008 Finn Lauritzen/Henning Steensig Annex 1

Recognition system for structural engineers

On behalf of the Danish enterprise and construction authority has adopted the following rules of Engineering Association in Denmark on the recognition scheme for civil engineers.

section 1 recognition

Recognition assigned by decision of the recognition Committee referred to in article 2.

For the award of recognition required that at least 2/3 of the recognition Committee is in favour of the assignment.

In cases where the Committee refuses an applicant for recognition recognition recognition Committee is obliged to inform the person concerned thereof.

Such notification shall indicate:

-the recognition of the Committee's reasons for rejection

-the possibility for the applicant personally to appear before the Committee on recognition

-the applicant's appeal, see. § 8.

section 2 of the Recognition Committee

To carry out the tasks specified in the following paragraphs, a Committee of 9 members elected for 4 years at a time.

The recognition Committee shall be elected as follows:

3 members appointed by the Danish enterprise and construction authority among the staff of relevant research and educational institutions.

2 members appointed by the Association of consulting engineers.

2 members appointed by the National Association of local authorities.

1 member appointed by the structural engineer Association.

1 member appointed by the Danish Construction.

The recognition Committee shall elect its Chairman from among its members.

§ 3 Rules for the granting of recognition to persons educated in Denmark or outside of an EU Member State, EEA country or a country with which the EU has entered into an agreement on access to the profession of recognized structural engineer.

A) Civil, Academy, a b.SC. and diploma engineers (construction technical direction).

As a basis for the recognition of the Committee's decision serves the following information:

1) one of the applicant submitted independently developed project to award in recognition of the Committee. This project shall, with respect to size and character, incidentally, be such that it is likely to give the impression of the applicant's engineering skills as well as the applicant's knowledge of construction proceedings. The submitted material must be complemented with a summary report outlining the project's static main content. The project must be drawn up within the last 3 years, as well as drawings and calculations must be signed by the applicant. The project must also satisfy the conditions as specified in "Path-wire for applicants", prepared and approved by the Engineering Association in Denmark.

2) A declaration by the applicant as to what cases the applicant has had to treat with the building authorities in the course of the past 3 years prior to the application for recognition. The applicant must be in agreement with that recognition Committee, where appropriate, seeking information about the files concerned with part Building Authority.

3) evidence that the applicant for at least the past 3 years prior to the application for recognition has been engaged with static calculations, and hence at least 1 years working on independent and sound manner.

4) A statement signed by the applicant, that the applicant submit to the provisions contained in these rules, in particular rules for withdrawing recognition and liability insurance.

(B)) Other

As a basis for the recognition of the Committee's decision serves the following information:

1) one of the applicant submitted independently developed project to award in recognition of the Committee. This project shall, with respect to size and character, incidentally, be such that it is likely to give the impression of the applicant's engineering skills as well as the applicant's knowledge of construction proceedings. The submitted material must be complemented with a summary report outlining the project's static main content. The project must be drawn up within the last 3 years, as well as drawings and calculations must be signed by the applicant. The project must also satisfy the conditions as specified in "Path-wire for applicants", prepared and approved by the Engineering Association in Denmark.

2) A declaration by the applicant as to what cases the applicant has had to treat with the building authorities in the course of the last 5 years prior to the application for recognition. The applicant must be in agreement with that recognition Committee, where appropriate, seeking information about the files concerned with part Building Authority.

3) evidence that the applicant for at least the last 5 years prior to the application for recognition has been engaged with static calculations, and hence for at least 2 years working on independent and sound manner.

4) engineers who are not trained as building engineers at a foreign institution, whose training in this area is recognized by the Engineering Association in Denmark, must also declare in writing that it is prepared to submit to a test, as an order of the recognition Committee. The purpose of the test is to determine, as well to the applicant personally are able to practice in the area, which the applicant has a theoretical basis for the calculation of load-bearing structures, which correspond to the requirements for building engineers, trained by the Danish civil engineering courses on civil-or diploma level.

5) A statement signed by the applicant, that the applicant submit to the provisions contained in these rules, in particular rules for withdrawing recognition and liability insurance.

It is the responsibility of the recognition Committee to review and assess the information referred to above and on the basis of these, as well as on the basis of any conversations and trying to decide on the award of recognition.

Award of recognition is given for 5 years. By renewal of recognition after the expiry of a five-year period be seen usually away from the in point. (A)), paragraph 1) and 2) as well as paragraph (B)), paragraph 1) and (2)) information referred to. The recognition Committee may, however, require these information also in connection with renewals. If a lapsed recognition later re-instated, determines the recognition Committee, which of the abovementioned information recognition Committee wants to use for the decision on the resumption.

§ 4 Temporary and occasional exercise of the profession of recognized structural engineer

The recognition Committee shall keep a public register of persons who are established as the recognised structural engineers in another EU country, in an EEA country or in a country with which the EU has entered into an agreement on access to the exercise of the profession of recognized structural engineer, and who have reported to the Committee, the recognition that the temporary and occasional intends to deliver the services as recognized structural engineer in this country, without prejudice. the law on access to the exercise of certain professions in Denmark. In the register recorded information about the person's name, address and title or professional qualifications.

Such persons must submit written notification to the recognition Committee, before they provide services as a recognized structural engineer for the first time. The notification shall contain information about the insurance contract or other means of personal or collective protection in connection with professional liability.

The first time the service provider wants to provide service as recognized structural engineer here in the country, or if essential conditions are changing for the service provider, the following information shall be communicated to the Committee of recognition:

1) documentation for the service provider's nationality,

2) a certificate that the service provider is legally established in a Member State in order to carry on business as recognized structural engineer, and that at the time of issue of the attestation is not prohibited him to engage in that activity, not even temporarily,

3) proof of professional qualifications,

4) any kind of proof that the service provider has pursued the activity in question for at least two years during the last 10 years, if the profession or the education to the profession is not regulated in the person's home country.

Review of recognition Committee shall be renewed once a year if the notifier intends to maintain the possibility of temporarily and occasionally to deliver services as recognized structural engineer here in the country during that year.

The recognition Committee will inspect the service provider's professional qualifications, before the first time carries on profession of recognized structural engineer. In that case, recognition Committee within one month after receipt of the relevant notification message about the result of the check, or in the event of difficulties, the reason for the delay and the timescale for a decision. The recognition Committee should have taken a decision within two months after receipt of the complete documentation.

Is there a substantial difference between the professional qualifications of the service provider and the level, which is usually required to be recognized structural engineer, recognition Committee give the person concerned an opportunity to pass an aptitude test.

Persons included in the register have the right to use the title recognized structural engineer and deliver service as such here in the country.


The recognition Committee may exchange information with other competent authorities in another EU country, in an EEA country or a country with which the EU has entered into an agreement on access to the exercise of the profession of structural engineer recognized for:

1) persons who are established and registered as a recognized structural engineer here in the country, and which intends to provide temporary or occasional services in another EU country, in an EEA country or in a country with which the EU has entered into an agreement on access to the exercise of the profession of recognized structural engineer, and

2) persons who are established in a similar business as recognized structural engineer in another EU country, in an EEA country or in a country with which the EU has entered into an agreement on access to the exercise of the profession of recognized structural engineer who would temporarily or occasionally providing services here in the country.

With competent authority is meant in this Ordinance the authority that manages the profession of recognized structural engineer in the country concerned.

§ 5 permanent establishment which recognised structural engineer

Persons who are in possession of a course or qualification, as in an EU country, an EEA country or in a country with which the EU has entered into an agreement on access to the exercise of the profession of structural engineer provides access to recognized that to carry on business as recognized structural engineer, may be authorised to exercise the profession on an equal footing with people who are recognized structural engineer under section 3 If the course or training certificate meets the following requirements:

1) it must be issued by a competent authority in the country of origin, designated in accordance with the laws, regulations or administrative provisions of the country of origin, and

2) must certify that he or she has qualifications equivalent to the level immediately prior to that required in section 3.

Permission to engage in business on an equal footing with a recognized structural engineer under section 3 can also be given to the person in a country of the European Union, an EEA country or in a country with which the EU has entered into an agreement on access to the exercise of the profession of recognized structural engineer, full-time has exercised the duties of recognized structural engineer in the country of origin for two years during the previous ten years where the profession of recognized structural engineer is not regulated in the country of origin, and if the applicant is in possession of one or more training or formal qualifications which satisfy the following conditions:

1) they must be issued by a competent authority in the country of origin, designated in accordance with the laws, regulations or administrative provisions of the country of origin, and

2) they must certify that the person in question has the professional qualifications which are at least equivalent to the level required in section 3, and

3) they must certify that the holder is prepared to pursue the profession concerned.

Application for authorisation shall be submitted to the CIRIUS, which is an agency under the Ministry of science, technology and Development, see. the law on access to the exercise of certain professions in Denmark.

§ 6 language skills

Persons subject to sections 4 and 5 shall be in possession of the knowledge which is necessary in order to exercise the profession of structural engineer acknowledged in Denmark.

The recognition Committee may, whenever it considers it necessary, check their language skills.

§ 7 withdrawal of recognition

The recognition Committee may, where the reporting by the building authority or otherwise becomes aware of significant shortcomings in a recognized statikers projects, depriving this recognition.

In such cases the recognition Committee committed to prior to the decision on withdrawing to inform the person concerned thereof.

Such notification shall include information on:

-recognition of the Committee's reasons for wanting to deny recognition

-the person concerned is entitled to a prior decision taken to give personal meeting for recognition Committee

-the withdrawal of recognition can be challenged for Engineering Association in Denmark

The main Board of Directors, see. § 8.

When an engineer has been deprived of recognition as a structural engineer, he or she can be allocated at the earliest

recognition again after 3 years, and since according to the same procedure as at first application, see. § 3.

§ 8 Appeals

The recognition Committee's decision to refuse or withdraw recognition can be challenged by the relevant Engineering Association in Denmark's Central Executive Committee.

In the context of such an appeal, the question in writing to submit its views, and he or she is entitled to personally present his case for the main Board.

§ 9 liability insurance

Recognition can be exploited when the opposite of recognition Committee documented that statikeren on satisfactory satisfactory way is insured for liability as a consulting engineer on the referred area. Must be at least equivalent to the amount insured by the Association of consulting engineers (F.R.I.) provided for compulsory collective insurance for consulting engineers.

§ 10 the use of recognition

In applications for planning permission, where the renowned structural engineer for the building regulations involved, the exposition for static documentation with supporting documents and external calculation contribution must be signed by the recognized structural engineer personally, and the renowned structural engineer certifies with his/her signature, the statikeren with the care that the task requires, have checked that statement and its annexes are carried out in accordance with applicable regulations.

If the in 1. section mentioned statement is available in digital form and are provided with a digital signature with a safety, at least at the level of OCES-signature, statikeren can inflict her attestation on the digital statement and provide it with a digital signature that complies with the same requirements.

The statement must follow the instructions of the basic regulation. Annex 4, description of the static documentation.

For buildings, where a possible failure involves a high risk of injury or will cause severe social consequences, the renowned structural engineer attach for its professional competence in relation to the task's nature. Alternatively, statikeren catch up with specialist knowledge.

§ 11 Fees

To cover the cost of the scheme, the administration will pay the applicant a fee in respect of the award of recognition, as well as by innovations. The amounts of the fees shall be determined by the Engineer Association in Denmark's Central Executive Committee upon the recommendation of the recognition Committee.

The amounts of the fees shall be fixed in such a way that the scheme financially can rest in itself, and so that the fee does not exceed the actual costs. The fee must not be set so high that this implies an indirect discrimination. In addition, the fee must not prevent any that be recognized structural engineers, like the fee shall reflect the cost of the actual treatment of the specific application.

§ 12 Adoption Rules

Adopted by the Engineering Association in Denmark's Central Executive Committee.
Official notes executive order implementing parts of a European Parliament and Council Directive 2005/36/EC of 7. December 2005 on the recognition of professional qualifications (the official journal of the European Union 2005 nr. L 255, page 22).