STAGES OF DESIGN AND CONSTRUCTION WORKS 1 1

STAGES OF DESIGN AND CONSTRUCTION WORKS 1

1. DOCUMENTATION OF URBANISM AND DEVELOPMENT OF TERRITORY 2

The Law nr. 835 from 17. 05. 1996 on principles of urbanism and spatial planning. Art. 35. – Management of territory and settlements are represented by all actions of organization, conservation and their development, aimed at achieving the physical and functional state of the natural and built framework, which would correspond to the needs of human communities, in line with public interest and according to the approved documentation of urbanism and development of territory. 3

Documentation of urbanism and spatial planning The plans of spatial planning are the following: a) National spatial plan b) Regional spatial plans c) Local spatial plans 4

DOCUMENTATION OF URBANISM AND SPATIAL PLANNING Urban plans are the following: a) general urban plans; b) regional urban plans; c) detailed urban plans. 5

STAGES IN ELABORATION THE URBANISM DOCUMENTATION a) The local council decision on the elaboration of urbanism documents b) Ensure the development, advise and approval of planning documentation c) The implementation monitoring 6

STAGES IN ELABORATION THE URBANISM DOCUMENTATION NCM B. 01. 02 – 2005. Instructions regarding the content, methodological principles of elaboration, advise and approval of urbanism and spatial planning documentation. 7

THE COMPETENCE OF LPA REGARDING THE DEVELOPMENT OF URBANISM DOCUMENTATION 8

FINANCING THE DEVELOPMENT OF URBANISM DOCUMENTATION The Law Nr. 397 of 16. 10. 2003 on local public finances: Article 8. Delimitation of competences in realization of public expenditure (2) Out of the budgets of villages (communes), cities (municipalities, except municipalities Chisinau and Balti) there are financed expenditures related to: 1) Spatial planning and urban development; (6) Out of the budgets of the municipalities Balti and Chisinau there are financed expenditures related to: 1) Spatial planning and urban development; 9

2. THE DEVELOPMENT OF PROJECT DOCUMENTATION FOR CONSTRUCTION 10

URBANISM CERTIFICATE Article 2 of Law No. 163 from 9 July 2010 regarding the authorization of the construction works. • Informative Urbanism Certificate • Urbanism Certificate for Design 11

URBANISM CERTIFICATE Informative Urbanism Certificate – an optional act, issued by the issuer, within which the applicant (recipient) is informed on elements that characterize the legal, technical and architectural-urban of a building/land, established through the urbanism and spatial planning documentation, necessary for sale and purchase, renting, dissolution, consolidation, sharing, inheritance of the land for the building construction or planning reconstruction, and in case of property disputes. 12

URBANISM CERTIFICATE Urbanism Certificate for Design - a regulatory act, issued by the issuer, within which the applicant (recipient) is informed on the special features as legal, economic, technical and architectural-urban design of a building / land determined by urbanism and spatial planning documentation, and which allows the development of project documentation. 14

THE CONTENT OF THE URBANISM CERTIFICATE FOR DESIGN The urbanism certificate for design is including elements and prescriptions concerning: a) the legal status of property / land b) the economic system of the building / land c) technical system of the building / land d) the architectural-urban system 16

THE CONTENT OF THE URBANISM CERTIFICATE FOR DESIGN a) the legal status of property / land, covering: - location of the land inside or outside cities; - ownership of property / land the servitude imposed on it; - extracts from the urbanism and spatial planning documents or related regulations, establishing a special regime on the building / land (protected areas, building temporary or permanent ban, declared public areas, architectural monuments, etc. ) 17

THE CONTENT TO THE URBANISM CERTIFICATE FOR DESIGN b) the financial system of the building / land, covering: - current use; - tax rules specific to the locality or area; c) technical system of the building / land, covering: - utility networks equipment; - geotechnical characteristics of the land; - related public works necessary for the object operation; - constructions or utility networks subject to demolition or relocation of the danger area of the yard; 18

THE CONTENT TO THE URBANISM CERTIFICATE FOR DESIGN d) the architectural and urban design scheme, covering: - destination of property / land, established by urbanism and spatial planning documentation; - capacity of the building; - dimensions and areas of the parcels; - the alignment of land buildings adjacent to streets and distances between buildings and neighboring properties; - building height; - appearance of the building (architectural expression, compositional balance, finishes, etc. . ) - pedestrian and vehicle traffic, required accesses and parking lots; - the percentage of the land occupancy (P. O. T. ) - coefficient of land use (CLU); - presentation of the project draft for approval. 19

THE CONTENT TO THE URBANISM CERTIFICATE FOR DESIGN To the certificate of urbanism for design issuer attaches: a) Location plan of the building / land, indicating the size / boundaries thereof; b) sanitary advice; c) environmental advice; d) the advice of the fire and rescue service. (3) Supervision state bodies issue the advice mentioned above free of charge, for up to 5 working days. 20

CONTRACTING THE DESIGN INSTITUTION According to the Section 3 of the Law no. 96 from 13. 04. 2007 on public procurement, institution contracting is made on the competition base (tender). 21

COLLECTING THE INITIAL DATA BY THE BENEFICIARY FOR THE DESIGNING PROCESS The beneficiary forms the following initial data for design: -Project specification (task list) -Topographical survey -Geological Survey -Sanitary advice -Ecological advice -Advice on connection to the engineering infrastructure 22

DEVELOPMENT OF THE PROJECT DOCUMENTATION FOR BUILDING Article 13 from the Law no. 721 from 02. 1996, on construction quality. Construction works as well as modernization, change, transformation, consolidation and repair is performed only on the project basis, prepared by natural or legal persons licensed in this field and verified. 23

DEVELOPMENT OF DOCUMENTATION PROJECT FOR BUILDING The system of normative documents in construction is an ensemble of instruments containing provisions on the practice and consists of: - legislative and normative acts in construction - construction regulations; - Construction of Moldovan legislation - NCM - technical regulations; - Business standards - SF; - codes of good practice in construction - CP - normative interstate construction. • NCM-99 A. 07. 02. The instructions is regarding the procedure for drafting, endorsement, approval framework and content of project documentation. 24

APPROVAL THE DOCUMENTATION PROJECT FOR CONSTRUCTION According to Art 11 of Law No. 163 of 9 July 2010 authorizing the execution of construction. (1) Project documentation developed under urban design certificate shall be compulsorily subject: a) endorsement by the chief architect in volume: overall plan (site plan, plan tracking), facade, color solutions, organizing the execution of project construction, exterior utilities networks; (4) Request for opinions and studies other than those provided in par. (1) required to develop project documentation is not allowed. 25

APPROVAL THE DOCUMENTATION PROJECT FOR CONSTRUCTION The Law No. 163 from 9 July 2010, article 11, authorizing the execution of construction. (5) The subject to approval of project documentation is the beneficiary. 26

VERIFICATION OF THE DOCUMENTS PROJECT FOR CONSTRUCTION According to the letter. b) Article 11 of Law No. 163 of 9 July 2010 authorizing the execution of construction. Project documentation developed under the urban design certificate shall be compulsorily subject to verification by accredited verifiers projects or institutions authorized to verify projects. 27

OBTAINING CONSTRUCTION PERMITS The execution takes place in the construction of the building permit • Article 24. of Law no. 721 of 02. 1996 on construction quality. • Chapter V of Law No. 163 of 9 July 2010 authorizing the execution of construction 28

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DO NOT ASK FOR BUILDING PERMIT It can run without a certificate of urban planning and design without permission: a) repairs to fences, roofs or roof terraces; b) replacement of floors, inner and outer parts of frame; c) interior finishing works; d) external finishing works, if not change the facade elements and color solutions; e) replacement or repair of stoves and other equipment inside the buildings; f) replacements or repairs to external connections, related construction, property boundaries; g) Current repairs communication paths, parking lots, sidewalks and stairs; h) maintenance, current repair pathways communications infrastructure; i) work underground above ground burial in cemeteries; j) the installation of urban furniture; k) develop land has existing l) Auxiliary building, annexes built up area of 15 m 2 private house, located on private land. 30

3. EXECUTION OF CONSTRUCTION WORKS 31

ANNOUNCEMENT OF COMMENCEMENT OF CONSTRUCTION WORKS • In accordance with Chapter VIII, Article 23 (a) and (anexa 5) of Law No. 163 of 9 July 2010 authorizing the execution of construction AC beneficiary within 10 days notify the (statement) the issuer and the State Construction Inspection. (ISC) • In accordance with Article 21 (3). of Law no. 721 of 02. 1996 concerning construction quality investor (beneficiary) will further check if the CA has been recorded to ISC 32

CONTRACTING FOR CONSTRUCTION COMPANY (GENERAL CONTRACTOR) Contract awarded through public procurement, construction companies (general contractor). • Chapter VI of the Law Nr. 96 of 13. 04. 2007 on procurement. Section I, Types of public procurement procedures • other provisions: • GD Nr. 834 from 13. 09. 2010 for approval of public works procurement. • GD Nr. 1121 10. 12. 2010 on approval of the Documentation for the realization of public works 33

CONTRACTING FOR CONSTRUCTION COMPANY (GENERAL CONTRACTOR) Investor (beneficiary) will pursue further, that the conclusion of the contract operators have under Article 15. of Law no. 721 of 02. 1996 on the quality of construction: the license for execution of construction works; a system of internal control and quality assurance; certified specialists in the execution of construction works (project supervisor certified, etc. ) 34

OBLIGATIONS OF THE INVESTOR / CUSTOMER According to Chapter III, Article 22. of Law no. 721 of 02. 1996 concerning construction quality investor obligations are as follows: • verify the implementation of quality of construction work by certified technical managers; • preparing and teaching the technical owner after its completion; • ensure receipt on completion of construction works; • resolves non-compliances and defects arising during the execution of construction works; • provide expertise to the construction of certified technical experts for the reconstruction works, modifications, consolidations, etc. 35

CHECKING THE QUALITY OF CONSTRUCTION WORKS Chapter III, Article 6. of Law no. 721 of 02. 1996 on construction quality. To ensure the quality of the works of construction is inspected by the mandatory technical managers and project supervisors certified. Checking the building is designed to ensure minimum levels of quality that necessarily will meet the following essential requirements: A - strength and stability; B - safety in operation; C - fire safety; D - hygiene, human health, environmental restoration and protection; E - heat insulation, waterproofing and energy saving; F - protection against noise. 36

GENERAL OBLIGATIONS • The obligations of all stakeholders involved in the conception, design, implementation, operation and post-use buildings are established by Article 7, Article 30 of Law no. 721 of 02. 1996 on construction quality. Article 30 -. . . meet their obligations under the bonds for the construction of hidden defects, occurred within 5 years after receiving the work, and throughout the duration of the construction for structural strength defects resulting from failure to satisfy the design and execution in force date of its implementation. 37

these are: - Investors / Beneficiaries - designers, project verifiers, technical experts - Manufacturers and suppliers of construction products - Technical Officials and supervisors - Enforcement works - Construction Company - Staff specialized laboratories test - local governments and professional associations - Owners and users - quality control bodies in the building State Construction Inspection, etc. . 38

ASSISTANCE TO EXISTING CONSTRUCTION Article 19 (2). The Law Nr. 721 of 02. 1996 on construction quality. Reconstruction, consolidation, transformation, expansion, etc. . , - takes place only as a draft prepared by the original designer or technical expertise and under building permit. 39

CONSTRUCTION TECHNICAL PAPER Law Nr. 721 of 02. 1996 on construction quality. Article 18. Technical Paper is carefully prepared by the investor and owner surrenders Article 23. Participants in the technical preparation: • Designer, • Investor • General Contractor • ISC 40

GD no. 285 from 23. 05. 1996 regarding the approval of the reception building and related facilities. Construction technical book covers all the technical documentation on the implementation of construction since the design stage and before the commissioning of the object and its subsequent operation, including all changes that will operate in its operation process. CONSTRUCTION TECHNICAL PAPER includes the following four chapters: Ch. A: The documentation on building design, Ch. B: technical documentation on the implementation of construction Ch. C: technical documentation on the reception building, Ch. D: technical documentation on the operation, repair and reaction time object tracking built. 41

CONSTRUCTION ACCEPTANCE According Article 18 (a) (3). of Law no. 721 of 02. 1996 on the reception quality of construction and initiate construction is required by the investor and in the presence of the designer and contractor. - achieve certification of their reception building is based on their direct examination in accordance with project documents and implementation and other documents contained in the technical construction. 42

CONSTRUCTION ACCEPTANCE GD no. 285 from 23. 05. 1996 regarding the approval of the reception building and related facilities The reception building (construction) and their related facilities - the act by the investor certifies completion of the construction and related facilities in accordance with contractual provisions (performance documentation, specifications, etc. . ) and with the official documents (authorization construction, permits authorized bodies, technical regulations, technical books, construction, etc. . ) and declares that it accepts too work performed and can be put into use. 43

STAGES OF ACCEPTANCE OF CONSTRUCTION WORKS GD no. 285 from 23. 05. 1996 regarding the approval of the reception building and related facilities • Reception on completion - (comp. II) Taking-Over -complete reception of the work carried out at the end of an object or part of building an independent, which can be used separately. • Final reception at the end of warranty - (comp. III) - p. 36. Final reception is convened by the investor at least 15 days after the warranty period. The warranty period is specified in the contract. 44

1. Taking-Over On receipt of completion of the work involved: • Contractor; • Designer; • Local government body; • State Construction Inspection - opinion; • In buildings with a height greater than 28 m, hospitals, asylums and fireplace, crowded rooms and the fire service, The historic building, the Ministry of Culture representing. - Designer, author of the project, prepares and submits views on the actual execution of the construction. - The investor presents the opinions of the committee firefighting, health, environmental protection and other control bodies, and views on the execution of work. 45

2. Final Reception - p. 36. final acceptance is called an investor in at least 15 days after the warranty period. The warranty period is specified in the contract. - p. 37. on receipt of the final part: - investor; - Reception Committee appointed by the investor; - designer; - performer. - p. 40. - at the reception end, the committee will record their observations and conclusions in the final minutes of the reception, and it will submit to the investor within 3 working days with recommendation for acceptance or rejection of the adjournment. 46

Who bears the costs of organizing and conducting receptions? GD no. 285 from 23. 05. 1996 regarding the approval of the reception building and related facilities - p. 44. Expenses of any kind, need for business reception committee, shall be borne by the investor. Members of the reception will be employed under contract by the investor collaboration, where appropriate. 47

CONSTRUCTION POST-USE Article 20. of Law no. 721 of 02. 1996 on construction quality. Post-use building includes decommissioning, dismantling and demolition of buildings, reuse of items and products recoverable and unusable waste recycling, the environmental protection law. 48

When action may initiate post-use? Activities triggering a post-use phase of construction begin with taking action to end this construction, which is at the request of the owner or at the request of local public administration. 49

In which cases can be initiated these actions? • construction of unsafe operation and can not be carried out rehabilitation work; • building represents a social risk and can not be rehabilitated to eliminate this threat; • construction is unauthorized; 50

STATE CONTROL OF QUALITY IN CONSTRUCTION Art. 21(2). from Law Nr. 721 din 02. 1996 on construction quality. State Control of quality in construction shall be exercised by the State Construction Inspection. 51

PENALTIES Administrative responsibility Contraventional code nr. 218 -XVI from 24. 10. 2008 • art. 177, breaking the law and normative documents in construction. • art. 179, unauthorized construction and unauthorized interference with the existing buildings Penal liability Penal code nr. 985 from 18. 04. 2002 • art. 257. Enforcement of poor quality construction 52

COPYRIGHT • Copyright in architecture and urban planning are established by the Law nr. 293 -XIII of 23. 11. 1994 on Copyright and Related Rights (g) Article 6). 53

THANK YOU FOR YOUR ATTENTION. 54