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Law No. 10 Of 18 January 1995 (Republished) Concerning Construction Quality *)

Original Language Title: LEGE nr. 10 din 18 ianuarie 1995 (*republicată*) privind calitatea în construcţii*)

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LEGE no. 10 10 of 18 January 1995 (* republished *) on quality in construction *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 765 765 of 30 September 2016



Note
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* *) Republicated pursuant to art. IV of Law no. 163/2016 to amend and supplement Law no. 10/1995 on quality in construction, published in the Official Gazette of Romania, Part I, no. 561 of 25 July 2016, giving the texts a new numbering.
Law no. 10/1995 on quality in construction was republished in the Official Gazette of Romania, Part I, no. 689 689 of 11 September 2015 and subsequently amended by Government Emergency Ordinance no. 46/2015 for the establishment of financial measures and for the modification and completion of some normative acts, published in the Official Gazette of Romania, Part I, no. 801 of 28 October 2015, approved by Law no. 40/2016 , published in the Official Gazette of Romania, Part I, no. 220 220 of 24 March 2016.
---------- + Chapter I General provisions + Article 1 (1) The quality of construction is the result of the totality of their performance in exploitation, in order to satisfy, for the entire duration of existence, the requirements of users and collectives. ((2) Exigences regarding the quality of installations and technological production equipment shall be established and carried out on the basis of regulations specific to each field of activity. + Article 2 (1) The provisions of this Law shall apply to constructions and installations thereof, hereinafter referred to as construction, in the design stages, technical verification of the projects, execution and reception of constructions, as well as in the stages of exploitation, technical expertise and interventions on existing and post-use constructions, regardless of the form of ownership, destination, category and class of importance or source of funding, in order to protect people's lives, their goods, of society and of the environment. (2) The installations provided in par. (1) include electrical, sanitary, thermal, gas, ventilation, air conditioning/air conditioning, water supply and sewerage installations, exclusively installations, machinery and industrial technological equipment. + Article 3 The present law establishes the system of quality in construction, which leads to the realization and exploitation of appropriate quality constructions, in order to protect the lives of people, their goods, society and the environment Surrounding. + Article 4 (1) The construction quality system shall be applied in a differentiated manner according to the categories of construction importance, according to the regulations and procedures for the application of each component of the system. (2) Classification in categories of importance of constructions is based on complexity, destination, mode of use, degree of risk in terms of safety, as well as economic considerations. + Article 5 (1) In order to obtain quality constructions, it is mandatory to achieve and maintain, for the entire duration of construction, the following fundamental requirements: a) mechanical strength and stability; b) fire safety; c) hygiene, health and environment; d) safety and accessibility in operation; e) noise protection; f) energy saving and thermal insulation; g) sustainable use of natural resources. (2) The application of the fundamental requirements is established by fields/subdomains and categories of constructions and on specialties for installations related to constructions, by regulations and technical regulations in construction. + Article 6 (1) Obligations to ensure the fundamental requirements laid down in art. 5, at all stages provided in art. 2, return to the factors involved, according to the responsibilities of each established by law. (2) For the purposes of this law, the factors involved in par. (1) are: investors, owners, administrators, users, executors, researchers, designers, certified project verifiers, certified technical experts, energy auditors for attested buildings, technical officers with execution authorized, authorized site supervisors, manufacturers/manufacturers of construction products, their authorized representatives, importers, distributors of construction products, evaluation and verification bodies of the constant performance of construction products, bodies European technical assessment in construction, construction technical approvals bodies, construction analysis and testing laboratories, technical universities and research institutes in the field of construction and associations professional profile. + Article 7 (1) In contracts ending or, as the case may be, in the provisions or in the authorisations to be issued, the factors referred to in the preceding article shall be obliged to enter the clauses relating to the quality of the constructions, corresponding to the the requirements, as well as the material guarantees and other provisions, leading to the realization of these clauses. (2) In contracts no levels and requirements relating to quality lower than the regulations in force can be entered, with regard to the requirements laid down in art. 5. (3) The warranty period is provided in the contracts concluded between the parties, depending on the categories of importance of the constructions established according to the law, and will have a minimum duration, as follows: -5 years for constructions classified in categories of importance A and B; -3 years for constructions classified in the category of importance C; -1 year for constructions classified in the category of importance D. The warranty period is extended by the period of remediation of the qualitative defects found during this period. + Chapter II Quality system in construction + Article 8 The system of quality in construction represents the ensemble of organizational structures, responsibilities, regulations, procedures and means, which compete in the realization of the quality of construction in all stages of conception, realization, exploitation and Their postuse. + Article 9 The system of quality in construction consists of: a) the regulatory activity in construction; b) certification of performance and conformity of construction products; c) technical approval in construction; d) verification and technical expertise of the projects; e) verification of the quality of the executed works, technical expertise of the execution of works and constructions, as well as the energy audit of the buildings; f) quality management in construction; g) accreditation and/or authorization of laboratories for analysis and testing in constructions; h) metrological activity in construction; i) construction reception; j) the pursuit of exploitation and interventions in existing constructions, as well as the post-use of constructions; k) exercise of state control of quality in construction; l) technical-professional attestation and authorization of specialists who carry out construction activity; m) certification of technical-professional qualification of economic operators providing design services and/or construction consultancy; *) n) certification of technical-professional qualification of economic operators performing construction works; *) o) continuous professional development of specialists who carry out activities in the field of construction. *) Note
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*) Lit. m), n) and o) enter into force 18 months after the date of entry into force of Law no. 163/2016 .. According art. II of Law no. 163/2016 , this takes effect 30 days from the date of publication in the Official Gazette of Romania, Part I, no. 561 561 of 25 July 2016.
---------- + Article 10 (1) The regulatory activity in construction includes the elaboration of technical regulations in the field, as well as specific activities, the co-relative of regulatory activity, such as research, testing, documentation, studies, audit, data banks, realization of prototypes. (2) The technical regulations include provisions on construction design and execution, energy efficiency in buildings, technical inspection in operation of technological equipment and equipment, as well as construction installations, requirements and performance levels in construction products, operation and intervention in existing construction, as well as post-use of constructions, the application of which is mandatory in order to ensure the applicable fundamental requirements Construction. These regulations are approved by order of the Minister of Regional Development and Public Administration and shall be published in the Official Gazette of Romania, Part I. + Article 11 (1) Certification of the performance of construction products with harmonised technical specifications and certification of their conformity with non-harmonised reference technical specifications shall be carried out, by means of care the manufacturer/manufacturer, by notified/designated/accredited bodies, in accordance with the applicable regulations and procedures. (2) Construction products must ensure the level of quality corresponding to the fundamental requirements applicable to construction according to their intended use. (3) The construction works shall prohibit the use of construction products without certification and declaration, under the law, of the performance, respectively of their conformity. + Article 12 (1) The technical approvals in constructions shall establish, under the conditions of this law, the fitness of use, the conditions of manufacture, transport, storage, putting into operation and maintenance thereof. (2) In the construction works that must ensure the quality level according to the requirements, traditional products, processes and equipment will be used, as well as new ones for which there are appropriate technical approvals. + Article 13 ((1) The verification of the projects on compliance with the technical regulations regarding the applicable fundamental requirements shall be carried out by certified project verifiers on fields/sub-domains and specialties, other than specialists drafters of the projects. The certified project verifier cannot verify and stamp the projects prepared by him, the projects in whose elaboration he participated or the projects for which, as an attested technical expert, he elaborated the report of technical expertise. (2) The use of technical projects and unverified execution details under the conditions of par. (1) in conjunction with the provisions of art. 5 5 para. ((2). ((3) Verification of the quality of works carried out for the construction and intervention of existing constructions, for which the building or abolition permits are issued, under the law, shall be compulsory and shall be carried out by to investors through authorized site supervisors, employees of investors and through technical officers with authorized execution, employees of the executors. (4) The technical expertise of the projects, the execution of works and constructions shall be carried out by technical experts certified by fields/subdomains and specialties. + Article 14 (1) Quality management in construction involves specific strategies and measures to ensure compliance with the fundamental requirements applicable to constructions and is the obligation of all factors participating in the stages provided in art. 2. (2) Economic operators performing construction works ensure the level of quality corresponding to the fundamental requirements, through their own personnel and responsible techniques with authorized execution, as well as through an own system designed and realized. + Article 15 The authorization and accreditation of the laboratories for analysis and testing in constructions are made in accordance with the legal provisions. + Article 16 The insurance of metrological activity in construction is carried out according to the legal provisions on calibration, verification and maintenance in the state of operation of the measuring and control means used in this field. + Article 17 (1) The construction reception is the certification of their realization on the basis of their direct examination, in accordance with the execution documentation and the documents contained in the technical book of the construction. (2) The technical book of the construction includes the documentation on the design, the documentation on the execution, the documentation on the reception and the documentation on the pursuit of the operation and interventions on the construction, the investor's care and surrenders to the construction owner, as follows: documentation on the design and documentation on execution, at the reception at the end of the works, and the documentation on the reception, conduct in operation and interventions on the construction at the reception the final of the construction works. (3) Construction owners have the obligation to keep and complete up-to-date the technical documentation on the pursuit of in-service behavior and interventions on them. The provisions of the technical book of the construction on exploitation are mandatory for the owner, administrator and user. In the case of the owners ' association, the technical book of the construction is preserved and completed by the administrator. At the disposal of the construction, the technical book is handed over to (4) The construction reception is made by the investor/owner, in the presence of the designer and the executor and/or specialized representatives, legally appointed by them. + Article 18 (1) The pursuit of the conduct in operation of the constructions shall be made for the entire duration of their existence and shall include the set of activities regarding the direct examination or investigation with specific means of observation and measurement, in order to maintain fundamental requirements. (2) Interventions to existing constructions relate to works of construction, reconstruction, partial abolition, consolidation, repair, modernization, modification, extension, rehabilitation, thermal rehabilitation, energy performance increase, renovation, major or complex renovation, as the case may be, change of destination, protection, restoration, conservation, total abolition. They shall be carried out on the basis of a technical expertise drawn up by a certified technical expert and, where appropriate, on the basis of an energy audit drawn up by an energy auditor for attested buildings, and shall include the design, execution and reception of works which requires the issuance, under the law, of the building permit or the abolition, as the case may be. Interventions on existing constructions shall be compulsorily recorded in the technical book of construction. + Article 19 The post-use of constructions includes the activities of decommissioning, dismantling and demolition of constructions, of reconditioning and reuse of elements and recoverable products, as well as recycling of waste with environmental protection according to law + Article 20 (1) The state control of quality in construction includes inspections of investors, design, execution, exploitation and post-use construction units, regarding the existence and observance of the quality system in construction. (2) The state control of the quality in construction shall be exercised by the State Inspectorate in Constructions-I.S.C., which is technically responsible for the execution of the state control regarding the unitary application of the legal provisions in Construction quality. (3) By exception to the provisions of par. (2) are not subject to state control of quality in construction, exercised by the State Inspectorate in Construction-I.S.C., single-family ground floor dwellings and household annexes from the property of individuals, located in rural areas and in villages belonging to municipalities and cities, as well as provisional constructions and works that can be executed without a building permit, according to the law. + Article 21 (1) The Ministry of Regional Development and Public Administration organizes the technical-professional attestation of specialists who carry out construction activity-project verifiers, technical experts, energy auditors for buildings-on areas/subareas of construction and on specialties for the installations related to the constructions provided in art. 2 2 para. (2), corresponding to the fundamental requirements, as well as periodic confirmation on the exercise of their right of practice. (2) The State Inspectorate for Construction-I.S.C. organizes: a) the authorization of the laboratories for analysis and testing; b) authorization of technical officers with execution and site supervisors, as well as periodic confirmation on the exercise of their right of practice. (3) The rates for attestation and authorization are approved by order of the Minister of Regional Development and Public Administration and shall be borne by the stakeholders. + Chapter III Obligations and liabilities + Section 1 Obligations and liabilities of investors + Article 22 Investors are natural or legal persons who finance and carry out investments or interventions in existing constructions within the meaning of the law and have the following main obligations regarding the quality of construction: a) establishing the quality level to be achieved through design and execution on the basis of technical regulations, as well as studies and research carried out; b) obtaining the agreements and opinions provided by law, as well as the building permit; c) ensuring the verification of projects through certified project verifiers; d) ensuring the verification of the correct execution of construction works through specialized supervisors or specialized consulting economic operators, throughout the works; e) acting in order to solve non-conformities, defects arising during the execution of works, as well as deficiencies of projects; f) making the reception at the end of the construction works, as well as the final reception at the expiration of the warranty period; g) preparation of the technical book of construction and its surrender to the owner h) the expertise of constructions by certified technical experts, in situations in which works of the nature of those provided in art. 18 18 para. ((2) of the present law. + Section 2 Obligations and liabilities of the designers + Article 23 The construction designers are responsible for fulfilling the following main obligations regarding the quality of construction: a) the project specification of the category of importance of the construction; b) insurance through projects and details of execution of the quality level corresponding to the requirements, in compliance with the technical regulations and contractual clauses; c) the presentation of the projects elaborated before the certified project verifiers, established by the investor, as well as the resolution of the non-conformities and inconsistencies reported; d) elaboration of specifications, technical instructions on the execution of works, operation, maintenance and repairs, as well as, as the case may be, of follow-up projects on the behavior of construction in time. The documentation on the post-use of constructions shall be carried out only e) the establishment, by project, of the execution phases determined for the works related to the requirements and the participation on the site in the quality checks related to them; f) establishing the treatment of defects in execution, from the fault of the designer, to the constructions to which they must ensure the level of quality corresponding to the requirements, as well as to follow the application on the site of the solutions adopted, after their appropriation by certified project verifiers, at the request of the investor; g) participation in the preparation of the technical book of construction and the reception of executed works h) provision of technical assistance, according to the contractual clauses, for the elaborated projects, during the construction execution or intervention works on the existing constructions; i) ensuring the mandatory participation of the project coordinator and, as the case may be, of the designers on specialties at all the execution phases established by the project and at the reception at the end of the works. + Article 24 The expenses generated by carrying out additional works towards the approved technical-economic documentation, as a result of design errors, are borne by the designer/designer project coordinator and designers on specialties, persons physical or legal, in solidarity with the verifiers of the project, to the justified referral of the investor and/or beneficiary on the basis of a technical expertise report prepared by a certified technical expert. + Section 3 Obligations and liabilities of the executors + Article 25 The construction works contractor has the following main obligations: a) to notify investors of the non-conformities and inconsistencies found in the projects, in order to solve; b) the start of the execution of works only on constructions authorized under the law and only on the basis and in accordance with projects verified by certified specialists; c) ensuring the level of quality corresponding to the requirements through its own quality system designed and carried out by its own personnel, with responsible techniques with authorized execution; d) convening the factors that must participate in the verification of the works reached in determining phases of the execution and ensuring the necessary conditions for their performance, in order to obtain the agreement to continue the works; e) the settlement of non-conformities, defects and inconsistencies arising in the execution phases, only on the basis of the solutions established by the designer with the consent of the investor; f) use in the execution of works only of the products and processes provided for in the project, certified or for which there are technical approvals, which lead to the realization of the requirements, as well as the management of the goods-witness; procedures provided for in the project with others that meet the specified conditions and only on the basis of the solutions established by the designers with the investor's consent; g) compliance with projects and execution details for the achievement of the quality level corresponding to the requirements; h) the complaint, within 24 hours, of the State Inspectorate in Construction-I.S.C. in case of technical accidents during the execution of the works; i) submission to the reception only of constructions that meet the quality requirements and for which he has handed over to the investor the documents necessary to draw up the technical book of the construction; j) bringing to fruition, at the established deadlines, the measures ordered by the control acts or by the documents for the reception of the construction works; k) the remedy, at its own expense, of the qualitative defects arising from its fault, both during the execution period and during the warranty period established according to the law; l) return of land temporarily occupied to their original state, at the end of the execution of works; m) establishing the responsibilities of all participants in the production process-liability factors, collaborators, subcontractors-in accordance with the own system of quality assurance adopted and with the legal provisions in force. + Section 4 Obligations and liabilities of project verifiers, technical officers with execution and technical experts, attested + Article 26 (1) The certified project verifiers shall jointly respond with the designer in terms of ensuring the quality level corresponding to the requirements of the project. (2) The technical officers with the authorized execution shall respond, according to their duties, in order to achieve the level of quality corresponding to the fundamental requirements for the construction works for which they are employed. (3) Attested technical experts, employees for the expertise of projects, construction or construction works in operation, are responsible for the given solutions. (4) The obligations of certified specialists shall be established by law enforcement regulations. (5) In case of special events due to natural or anthropogenic factors, at the request of the State Inspectorate for Construction-I.S.C., the certified technical experts participate in the evaluation of the technical condition of the constructions damaged in to determine the conditions of further use or decommissioning thereof. + Section 5-a Obligations and liabilities of building owners + Article 27 Building owners have the following main obligations: a) timely performance of maintenance and repair works, provided according to the legal norms in the technical book of construction and results from the activity of tracking the behavior in time of construction; b) the maintenance and completion of the technical book of the construction and its teaching, at the disposal of the construction, of the new owner; c) ensuring the pursuit of behavior in time of construction, according to the provisions of the technical book and technical regulations; d) carrying out, as the case may be, works of reconstruction, consolidation, transformation, extension, partial abolition, as well as repair works of the construction only on the basis of projects prepared by individuals or legal entities authorized and verified according to law; e) ensuring the realization of works of interventions on constructions, imposed by legal regulations; f) ensuring the performance of works from the post-use stage of constructions, in compliance with the legal provisions in force g) the putting into use of the construction after the admission of the reception at the end of the works, its takeover and the obtaining + Section 6 Obligations and liabilities of administrators and construction users + Article 28 Administrators and construction users have the following main obligations: a) the use of constructions according to the operating instructions provided in the technical book of construction; b) carrying out in time the maintenance and repair works that come back to them according to the contract; c) carrying out intervention works on the existing construction within the meaning of art. 18 18 para. (2), only with the consent of the owner and in compliance with legal provisions d) to carry out the pursuit of the behavior in time of construction according to the technical book of the construction and the contract e) the complaint, within 24 hours, of the State Inspectorate in Construction-I.S.C., in case of technical accidents at the constructions in operation; f) notification of the owner in case of qualitative defects during the warranty period established according to the law. + Section 7 Obligations and liabilities in research activity + Article 29 Units performing research in construction shall have the following main obligations: a) conducting preliminary theoretical and experimental research, in order to substantiate the technical regulations in constructions; b) substantiation, elaboration and experimentation of technical solutions, new products and processes for construction; c) verification and control of new products and processes at the request of producers, in order to release technical approvals, according to the legal provisions. + Section 8 Common obligations and liabilities + Article 30 The designer, the certified project verifier specialist, the manufacturers and suppliers of materials and products for construction, the executor, the technical officer with the authorized execution, the authorized site supervisor, the certified technical expert according to their obligations for the hidden vices of the construction, arising in a period of 10 years from the reception of the work, as well as after the fulfillment of this term, for the duration of the construction, for the vices of the structure of resistance resulting from non-compliance with the design and execution rules in force on the date of its realization + Article 31 Designers, as well as specialists certified technical-professional or authorized, provided in art. 6, have the obligation to conclude professional liability insurance, with validity during the exercise of the right of practice. + Article 32 Designers, as well as specialists certified technical-professional or authorized, provided in art. 6, have the obligation to provide the regulatory and/or construction control authorities, at their request, the documents drawn up in the exercise of their obligations. + Section 9 Obligations and liabilities of the State Inspectorate in Constructions-I.S.C. + Article 33 The State Inspectorate in Constructions-I.S.C. exercises state control regarding the unitary application of legal provisions in the field of construction quality, in all stages and components of the quality system in constructions, ascertains the contraventions, apply the sanctions and measures provided by the law and order the stop of the works + Article 34 By exception to the provisions of art. 33, Ministry of National Defence, Ministry of Internal Affairs, National Administration of Prisons, Romanian Intelligence Service, Foreign Intelligence Service, Special Telecommunications Service and Protection and Guard Service state control regarding the unitary application of legal provisions in the field of construction quality, in all stages and components of the quality system in constructions, finds the contraventions, applies the sanctions provided by law and, after case, have the work done improperly, constructions, facilities and installations related to military and special objectives within them, through their own control structures, whose organization and operation is established by order of the heads of the institutions That. + Chapter IV Sanctions + Article 35 ((1) Design, verification, expertise, realization of a construction or execution of its modifications without compliance with the technical regulations on stability and resistance, if in this way life or integrity is endangered body of one or more persons, constitutes a crime and is punishable by imprisonment from one year to 5 years and the prohibition of some rights. (2) The breastfeed provided in par. ((1), if it has produced one or more of the following consequences: loss of life, serious injury to the bodily integrity or health of one or more persons, total or partial destruction of the construction, destruction or the degradation of important installations or machinery or other particularly serious consequences, constitutes a crime and is punishable by imprisonment from 3 to 10 years and the prohibition of some rights. (3) If the facts provided in par. (1) were committed at fault, the special limits of penalties are reduced by half. + Article 36 For the purposes of this law, the following facts are contravention, if they were not committed under such conditions that, according to the law, they constitute crimes, and are sanctioned with a fine, as follows: I. from 20,000 lei to 40,000 lei: a) the execution of a new construction, an intervention to an existing construction, as well as its abolition in violation of the provisions regarding its authorization and execution; b) making changes, transformations, upgrades, consolidations without a project verified by specialists certified according to the legal provisions and which may affect the applicable fundamental requirements; c) violation of the provisions regarding the fundamental requirements applicable to the constructions provided for in the technical regulations in force at the date of contracting the design and execution of the works; d) construction realization without projects or on the basis of unverified projects of specialists certified according to the legal provisions; e) reception of the construction by the investor in violation of legal provisions; f) elaboration of incomplete projects, which present non-compliant solutions or containing inconsistencies between their different sections, which lead to the non-realization of the quality level of constructions corresponding to the fundamental requirements applicable. With the finding of contravention and the application of the sanction, the designer has the obligation to complete/restore the technical documentation, as the case may be, at his own expense; g) appropriation by certified project verifiers of incomplete projects, presenting non-compliant solutions or containing inconsistencies between their different sections, which lead to the non-realization of the quality level of the construction of the applicable fundamental requirements; h) elaboration of incomplete technical surveys, which do not comply with the provisions of the technical regulations in force on the date of their contracting, as well as the establishment of solutions that lead to the violation of the provisions regarding applicable; i) prohibition or obstruction of quality control in construction, failure to submit documents and documents requested by persons with control powers and/or competent authorities, according to the legal provisions; j) non-compliance with the obligations provided 22 lit. f) and art. 27 lit. g); II. from 10,000 lei to 20,000 lei: a) failure to ensure the verification of the execution of construction works through specialists authorized site supervisors or who hold equivalent certificates, recognized under the law; b) improper organization and non-application of the quality management system, as well as the realization of constructions without specialists responsible for techniques with authorized execution or holding equivalent certificates, recognized under the law; c) overtaking by certified project verifiers, certified technical experts, energy auditors for attested buildings, technical officers with authorized execution and authorized site supervisors of competences by fields, subdomains, specialties or professional degrees for which they are certified/authorized and/or non-fulfillment of their obligations according to the regulations in force; d) failure to fulfill the obligations established by the regulations and procedures elaborated in the application of this law, regarding the realization and maintenance of the fundamental requirements in the stages of construction, exploitation and intervention the existing buildings and their post-use stage by the factors involved, according to the responsibilities of each; e) non-handover of the book to the construction by the owner's investor, respectively the documentation on the design and documentation on the execution, at the reception at the end of the works, conduct in operation and interventions on the construction, at the final reception of the construction works; f) non-performance of obligations regarding the pursuit of behavior in exploitation of constructions of complexity and particular importance, regarding the fundamental requirement of mechanical strength and stability; g) non-compliance and non-preservation of the technical book of construction according to legal provisions; h) non-performance of obligations regarding the pursuit of behavior in exploitation of constructions and non-execution, under the law, of repair works and consolidations; i) non-arrangement of land temporarily occupied for bringing them to the original state, at the end of construction works; j) non-application by the executor of the established solutions, under the law, by the designer or certified technical expert, for the resolution of non-conformities, defects or inconsistencies arising during the construction execution, respectively of the works intervention to existing buildings; k) non-compliance with the obligations provided 22 lit. h) and art. 28 lit. a) and c); III. from 3,000 lei to 10,000 lei: a) failure to specify in the project the category of importance of the construction and non-establishment of the determining phases subject to quality control; b) the provision in the project or the use of non-certified products or for which there are no technical approvals to works to which the level of quality corresponding to the applicable fundamental requirements must be ensured; c) non-compliance with projects of quality level corresponding to the applicable fundamental requirements d) non-compliance with the factors that must participate in the verification of the works reached in determining phases of execution and failure to ensure the verification conditions; e) the unmotivated lack of verification of the works reached in determining phases, as a result of the convocation made by the executor; f) failure to fulfill the obligation of the designer to establish solutions for the remediation of the notified defects, regarding the applicable fundamental requirements; g) non-sizing of the State Inspectorate in Constructions-I.S.C. in case of technical accidents at constructions in execution, as well as in exploitation; h) failure to meet, at the deadline, the measures contained in the control acts; i) refusal of technical experts certified to participate in the evaluation of the technical condition of constructions damaged due to natural or anthropogenic factors, at the request of the State Inspectorate in Constructions-I.S.C.; j) non-compliance with the obligations provided 22 lit. e). + Article 37 (1) With the application of the fine by the persons with control powers of the State Inspectorate in Construction-I.S.C., for the contraventions provided in art. 36, the Ministry of Regional Development and Public Administration can order, by order of the Minister, as complementary sanctions, the suspension of the certificate of technical-professional attestation to specialists who carry out construction activity for a period of 6 to 12 months or, as the case may be, its cancellation. (2) The State Inspectorate in Construction-I.S.C. may order as complementary sanctions, with the application of the fine for the contraventions provided in art. 36, the suspension of the authorization of specialists operating in construction for a period of between 6 and 12 months or, as the case may be, its cancellation. (3) When the acts committed by certified/authorized specialists who carry out construction activity constitute crimes according to art. 35, at the request of the prosecution bodies, the right of practice shall be suspended until the criminal investigation is completed or, as the case may be, until a final court decision is delivered. + Article 38 (1) The contravention sanctions provided for in art. 36 applies to both legal entities and individuals. (2) Under the conditions of this law, the offender may pay half of the amount of the fine established by the minutes of contravention, within 48 hours from the date of becoming aware of the contravention sanction. (3) Under the conditions of this law, the contravention sanction "warning" does not apply. + Article 39 (1) Finding the contraventions provided in art. 36 and the application of sanctions shall be made by persons with control powers of the State Inspectorate in Construction-I.S.C., and, in the cases provided in art. 34, by the persons empowered by the Ministry of National Defence, the Ministry of Internal Affairs, the National Administration of Prisons, the Romanian Intelligence Service, the Foreign Intelligence Service, the Special Telecommunications Service and Protection and Security Service. (2) The right to apply the fines provided for in art. 36 is prescribed within 5 years from the date of reception at the end of construction works. + Article 40 Contraventions provided for in art. 36 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter V Final and transitional provisions + Article 41 (1) Regulations on components of the quality system in construction shall be elaborated by the Ministry of Regional Development and Public Administration and shall be approved by Government decisions. ((2) Procedures for the application of the regulations provided in par. (1) and, as the case may be, instructions in their application are approved by order of the Minister of Regional Development and Public Administration. + Article 42 By exception to art. 13, projects for single-family ground floor dwellings and household annexes from the property of individuals, located in rural areas and villages belonging to municipalities and cities, as well as provisional constructions for which they are not issued building permits are not subject to verification by certified project verifiers. + Article 43 (1) Investors or owners have the obligation to turn to the State Inspectorate in Constructions-I.S.C. an amount equivalent to a share of 0.5% of the value, excluding VAT, of works for the realization of new constructions and intervention works at existing constructions for which building/abolition permits are issued, except for investors/owners who carry out intervention works for the consolidation of residential buildings classified in risk class I seismic. (2) The amount equivalent to the 0.5% quota provided in par. (1) shall be determined and transferred to the State Inspectorate in Constructions-I.S.C. as follows: a) 50% of the amount equivalent to the share of 0.5% applied to the value of authorized works shall be transferred, by investors or owners at the date of transmission to the State Inspectorate of Construction-I.S.C. authorised as provided for in Law no. 50/1991 on the authorization of the execution of construction works, republished, with subsequent amendments and completions; b) the amount resulting as the difference between the amount equivalent to the share of 0.5% applied to the final value, without VAT, of the executed works and the amount transferred according to a), as well as any amounts related to the legal quotas paid previously shall be transferred by investors or owners until the date of signature of the reception minutes at the end of the works. (3) The delay in payment of the amounts established according to the provisions of para. ((2) lit. a) and b) shall be penalized by 0,15% per day of delay. (4) The State Inspectorate in Constructions-I.S.C. uses 50% of the fund thus constituted for the performance of its duties, according to the legal provisions, and vires monthly 50% of this fund on behalf of the Ministry of Regional Development Public Administration. (5) The amounts transferred by the State Inspectorate of Construction-I.S.C., under the terms of this law, shall be constituted in the own incomes of the Ministry of Regional Development and Public Administration from which current expenses and expenses of capital for: a) the regulatory activity in construction, including the contracting of technical regulations and specific regulatory activities; b) execution through the National Investment Company "C.N.I." -S.A. of categories of services and works within the "National Public or Social Interest Building Program"; c) the activity of technical-professional attestation of construction specialists; d) organization and management of specific databases on construction, technical regulations, notified bodies/design/accredited/authorized, construction products and specialists with activity in attested constructions technical-professional. (6) The availability at the end of the year shall be carried over to the following year and shall have the same destination. (7) Staff expenses include the payment of the allowance of participation of specialists as members in the committees/commissions/councils for technical approvals, as well as in the examination committees for the attestation technical-professional of specialists with construction activity. (8) The amount of the allowance for participation of specialists, as members of the committees/commissions/councils provided in par. (7), is approved by order of the Minister of Regional Development and Public Administration, with the approval of their organization and functioning regulations, in accordance with the normative acts on the salary of personnel from the institutions higher education. ((9) The expenses necessary to assess the conformity of construction products, the European technical assessment for construction products, the elaboration and approval of technical approvals in constructions, technical-professional attestation and authorization specialists with activity in construction, authorization and accreditation of laboratories in construction, verification of projects and execution of construction works, technical expertise of projects and constructions, certification of performance energy and energy audit of buildings, technical inspection in exploitation of technological equipment and equipment, as well as installations for construction, quality management in construction, metrological checks, reception of works, tracking of behavior in operation and intervention at Existing buildings as well as post-use construction shall be borne by the stakeholders. + Article 44 On the date of entry into force of the provisions of this Law Law no. 8/1977 on ensuring sustainability, safety in operation, functionality and quality of construction, Government Ordinance no. 2/1994 on quality in construction, as well as any other provisions to the contrary. Note
We reproduce below the provisions that are not incorporated in the republished form of Law no. 10/1995 and which continue to apply as own provisions of the amending acts:
1. art. IV of Law no. 177/2015 to amend and supplement Law no. 10/1995 on quality in construction, published in the Official Gazette of Romania, Part I, no. 484 484 of 2 July 2015:
"" Art. IV. -Within 12 months from the date of entry into force of this law, the Ministry of Regional Development and Public Administration will review and update, accordingly to the amendments and additions made by this law, the following acts Normative: a) Government Decision no. 273/1994 on the approval of the Regulation for the reception of construction works and related installations, with subsequent amendments and completions; b) Government Decision no. 925/1995 for the approval of the Regulation of verification and technical expertise of quality of projects, execution of works and constructions; c) Government Decision no. 766/1997 for the approval of some regulations on quality in construction, with subsequent amendments and completions; d) Government Decision no. 203/2003 for the approval of the Regulation on the types of technical regulations and expenses related to the regulatory activity in construction, urban planning, spatial planning and habitat, as well as the Methodological Norms on the criteria and mode of allocation of the necessary amounts of intervention works in the first emergency to vulnerable and public danger constructions, with subsequent amendments and completions; e) Government Decision no. 622/2004 establishing the conditions for placing on the market of construction products, republished, with subsequent amendments and completions; f) Government Decision no. 28/2008 on the approval of the framework content of the technical-economic documentation related to public investments, as well as the structure and methodology for the elaboration of the general estimate for investment objectives and intervention works; g) Government Decision no. 1.236/2012 establishing the institutional framework and measures for the application of the provisions Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Directive 89 /106/EEC of the Council h) Government Decision no. 525/2013 for the approval of the general and specific tasks, the organizational structure and the maximum number of posts, as well as the clouds of the car park and the fuel consumption of the State Inspectorate in Constructions-I.S.C., with the modifications later. "
2. art. II, III and V of Law no. 163/2016 to amend and supplement Law no. 10/1995 on quality in construction, published in the Official Gazette of Romania, Part I, no. 561 561 of 25 July 2016:
"" Art. II. -This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I, except for the measures provided for in art. 9 lit. m), n) and o) of Law no. 10/1995 , republished, as amended, as amended and supplemented by this Law, which shall enter into force 18 months after the date of entry into force of this Law.
Art. III. --The deadline provided for art. IV of Law no. 177/2015 to amend and supplement Law no. 10/1995 on quality in construction, published in the Official Gazette of Romania, Part I, no. 484 of 2 July 2015, shall be extended by 5 months.
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Art. V.-(1) Constructions executed with the permits and notices provided by the legal provisions in force, as well as those made in customary regime, which are not historical monuments, located within the areas declared according to the law areas with status of medieval fortress, are exempted from the provisions art. 611 611-615 of Law no. 287/2009 on the Civil Code, republished, as amended. (2) By the General Urban Planning Regulation, approved under the law, the details on the situations provided in par. (1), within 30 days from the date of publication in the Official Gazette of Romania, Part I. " -----