Construction quality control, improved

The quality control system in construction will be improved, so that the control over irresponsible and law-breaking developers can be more rigorous. In this respect, the Members of the Parliament approved, in the first reading, the draft amendment to the law on quality in construction and the law on the authorization of the execution of construction works.

The changes refer to the quality in constructions, the authorization of the execution of construction works and the regulation by authorization of the entrepreneurial activity. The objective of the draft law is to complete the normative framework with provisions regarding the Technical Committees specialized in the field of constructions, in order to reflect their activity in the process of elaborating the normative documents.

At the same time, the project stipulates that the post-acceptance warranty period for construction works will be five years. This regulation will be expressly provided, in the context of the obligations of the executors of the construction works, but also of the patrimonial responsibility of economic agents, in view of the term of remedying the defects.

It is also proposed to establish the deadline of 5 working days for the issuance of agreements for design activities and coordination of project documentation by network operators, given the lack of reasoned and reasoned refusal.

The project also provides for tacit approval in case of exceeding the legal deadlines for issuing written agreements for design activities, as well as coordination of project documentation by network operators, in the absence of reasoned and reasoned refusal. At the same time, the tacit approval does not exempt from the responsibility for violating the provisions of the construction regulations when carrying out the design and construction works.

The principle of tacit approval could be excluded from the draft in the second reading, after the deputies, including those in the parliamentary majority, recommended the elimination of this provision, in order to be able to vote in the final reading. The reason for the request is that the ascertaining agent’s liability cannot be transferred to another entity in the event of non-compliance with the duties.

It is proposed that the document enter into force on the date of publication in the Official Gazette of the Republic of Moldova. The Government, within six months from the date of its entry into force, will bring its normative acts in accordance with the new legislative act.

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