Building Quality Assurance Act

The Building Quality Assurance Act moves the technical check from the municipality to an independent quality assurer, and at the same time strengthens the client’s position under private law.

Legal basis

The Act entered into force on 1 January 2024, alongside the Environment and Planning Act, and applies for the time being only to new build in consequence class 1: the lowest risk class, including single-family homes and smaller commercial buildings. Application to renovation has been postponed and has no final date; an evaluation of the system is planned for 2027. The public law side runs through a construction notification four weeks before work starts, engagement of a certified quality assurer who checks against the technical building rules, and a completion notification with a file at least two weeks before the building is taken into use. Without a positive statement from the assurer the building may not be occupied. The private law side amends Article 7:758(4) of the Civil Code: the contractor remains liable after completion for defects attributable to it, even where the client could have discovered them at completion. In addition, an information duty about insurance and security has been introduced and a completion file is compulsory.

How it works in practice

For the client this means a stronger position: the burden of proof shifts for both latent and visible defects. For the contractor it means the completion file and its own quality controls become decisive in establishing whether a defect is attributable to it. Contracting out of the liability rule is not possible where the client is a consumer.

Where it goes wrong

Contractors and clients forget the construction notification, so work may not start. A second error is an incomplete file at completion notification, which blocks occupation. Third, it is assumed the Act already covers renovation, whereas that has been postponed.