2007-07-24_law 10-1995 updated version with all amendments unti-205

8/10/2019 2007-07-24_Law 10-1995 Updated Version With All Amendments Unti-205

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Translation from Romanian:

Law No. 10 of 18 January, 1995 (*updated*)

Regarding Quality in Constructions

(updated prior to 12 December 2002*)Issued by: PARLIAMENT

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*) The initial text was published in Monitorul OficialNo. 12 of 24 January 1995. This is the form

updated by S.C. "Territorial Data Processing Center" S.A. Piatra Neamt prior to 12 November

2002, as amended by: Resolution No. 498 of 24 May 2001; Law No. 587 of 29 October 2002.

The Parliament of Romania hereby adopts this law.

CHAPTER I

Article 1

General Provisions

The quality of constructions is the result of all their performance parameters under operation in

order to meet, during their entire existence, the requirements of users and communities. The

requirements regarding the quality of installations and technological production equipment shall be

established and fulfilled based on regulations that are specific to each field of activity.

Article 2

This laws provisions shall be applicable to any category of construction and their afferent

installations - irrespective of their form of property or scope (hereinafter called constructions) and to

the upgrading, alteration, transformation, strengthening or remedial works.

The one level and two level buildings and their annexes located in the rural environment and in the

villages belonging to cities or towns and also the temporary constructions shall be excepted.

Article 3

This law shall establish the quality system in constructions, with the purpose of entailing the

accomplishment and exploitation of constructions having an appropriate quality, to protect people's

life, their assets, society and environment.


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Article 4

The quality system in construction shall be applied differently according to the importance

categories of constructions, according to the applicable regulations and procedures for each part of

the system.

Constructions shall be classified by categories of importance according to their complexity,

destination, manner of use, risk degree in respect of safety, and also according to economic

considerations.

Article 5

To obtain constructions having an appropriate quality, the following requirements shall be achieved

and maintained, during the entire lifetime of constructions:

a) resistance and stability;

b) safety in operation;

c) fire-proofing;

d) hygiene, people's health, environmental protection and rehabilitation;

e) thermal insulation, waterproofing and energy saving;

f) protection against noise.

Article 6

The obligations provided by the precedent article shall be observed by the parties involved increation, achievement and operation of constructions and in their post-use, according to each

partys responsibilities.

Such parties are: investors, researchers, designers, design checkers, manufacturers and suppliers

of constructions products, constructors, owners, users, technical responsible entities charged with

the execution, technical experts and the public authorities and professional associations.


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Article 7

In the concluded contracts or, as the case may be, in the issued instructions or licenses, the parties

provided by Art. 6 shall be bound to include clauses regarding the quality level in constructions

according to the requirements, as well as material guarantees and other provisions that are meant

to support the accomplishment of such clauses.

Contracts shall not, under any circumstances, refer to quality levels and requirements that are

inferior to regulations in force, regarding the requirements provided by Art. 5.

CHAPTER II

Quality System in Constructions

Article 8

The quality system in constructions represents the assembly of organization structures,

responsibilities, regulations, procedures and means that concur to the achieving of the quality in

constructions throughout all stages of their design, performance, operation and post-use.

Article 9

The quality system in construction includes:

a) technical regulations in constructions;

b) quality of products used for the execution of constructions;

c) technical agreements for new products and procedures;

d) checking of designs, performance of works and expert appraisal of designs and

constructions;

e) management and insurance of the quality in constructions;

f) authorization and certification of trial tests laboratories for construction activities;

g) metrology activities in constructions;


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h) taking over of construction works;

i) behavior under exploitation and interventions in due course of time;

j) post-use of constructions;

k) State quality control in constructions.

Article 10

Technical specifications shall be settled through regulations and procedures and have as their

object the conception, calculation and structure, execution and use of constructions. Technical

specifications are meant to settle, primarily, a minimum level of quality requirements in

constructions, products and procedures used in constructions and also the means for their

assessment and verification.

Article 11

The certification of the quality of products used in constructions shall be carried out by producers

care, in compliance with the methodology and procedures provided by law.

For construction works, it shall be forbidden to use products that are not certified from the quality

point of view, as they should ensure a quality level in compliance with the requirements.

Article 12

The technical agreements for new products, procedures and equipments in constructions shall

establish, as provided hereby, their suitability for use, conditions of manufacturing, transport,

storage, use and maintenance.

For the construction works that have to ensure a quality level according to the requirements,

traditional products, procedures and equipments shall be used, as well as new ones, for which

appropriate technical agreements exists.


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Article 13

The checking of designs for construction works, as regards the observance of technicalspecifications regarding requirements, shall be carried out only by certified specialists, design

checkers, others than the specialists that designed the project.

It shall be forbidden to implement designs and working drawings that have not been checked as

provided by the previous paragraph.

The checking of the quality of constructions execution shall be compulsory, and such checking

shall be performed by investors through specialized site managers or specialized consultancy

companies.

The technical appraisals of the designs and constructions shall only be performed by certified

technical experts.

Article 14

The management and assurance of quality in constructions represents an obligation to be

observed by all parties participating in the creation, performance and operation of constructions

and involve an adequate strategy and specific measures in order to guarantee their quality. The

economic units that carry out construction works shall ensure the proper level of quality in

compliance with the requirements through their own personnel and certified technical inspectors of

the execution and through their own conceived and implemented system.

Article 15

The certification and license of trials and tests laboratories shall be carried out in compliance with

the legal provisions.

Article 16

The performance of metrology activities in constructions shall be carried out in compliance with the

legal provisions regarding calibration, review and maintenance in operation of measuring and

control devices used in such domain.


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Article 17

The taking over of the construction works represents the certification of their completion through

direct assessment, in compliance with the working drawings and the documents included in the

technical book of the construction.

The technical book of the construction includes the working drawings and a set of documents

regarding its performance and operation. It is elaborated by the care of the investor and shall be

submitted to the owner of construction, who is bound to keep and to update it; the provisions of the

technical book of the construction regarding its operation are compulsory for both owner and user.

The taking over of the constructions works shall be carried out by the investor - owner, in the

presence of the designer and the contractor and/or their specialized representatives, duly

appointed thereby.

Article 18

The constructions behavior during exploitation shall be observed throughout their entire duration of

use and shall include all the activities regarding direct assessment or investigation by specific

observation and measuring devices, in order to maintain the requirements.

Interventions on existing constructions include reconstruction, consolidation, transformation,

extension, partial demolition works, as well as repairs works that shall be performed only based on

a design endorsed by the initial designer of the building or on a technical appraisal made by a

certified technical expert, and shall compulsorily be recorded in the technical book of the

construction.

Article 19

The post-use of constructions includes the disassembling, dismantling and demolition ofconstructions, rehabilitation and re-use of recyclable items and products, as well as re-cycling of

wastes with assurance of environmental protection according to the applicable legislation.

Article 20

The State control for quality in constructions includes inspections of investors, design, execution,

exploitation and post-use units, in order to identify the existence and observance of the quality

system in constructions.


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The State control for the quality in constructions shall be carried out by State Inspectorates in

constructions, public works, town planning and national and regional development, which isresponsible for carrying out State inspections of the unitary application of the legal provisions

regarding quality in constructions.

CHAPTER III

Obligations and Liabilities

Section 1

Investors' Obligations and Liabilities

Article 21

Investors are legal or natural entities that finance and invest or intervene in the existent

constructions as provided by law and have the following main obligations regarding quality in

constructions:

a) to establish the quality level to be accomplished through design and execution based on

the technical regulations and the performed studies and investigations;

b) to obtain all the approvals and licenses provided by law and of the construction

authorization;

c) to ensure the checking of the designs by specialized and certified design checkers;

d) to ensure the checking of the correct execution of the constructions through

specialized site managers or specialized consultants, throughout the entire duration

of the works;

e) to act in order to solve non-conformities or defects that may arise during the performance

of the works, as well as design deficiencies;

f) to ensure the reception of construction works upon completion of works and

expiration of the warranty period;

g) to draw up the technical book of the construction and to hand it over to the owner;


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h) make the expert appraisal of the constructions by certified technical experts, if such

constructions are performed as per article 18, paragraph 2 hereof.

Section 2

Designers Obligations and Liabilities

Article 22

Construction designers shall be liable for fulfilling the following main obligations concerning quality

in constructions:

a) to establish, by the design, the importance category of the construction;

b) to ensure, by designs and working drawings, a quality level in compliance with the

requirements, with the observance of the technical specifications and contractual

clauses;

c) to submit the elaborated designs to specialized and certified design checkers

appointed by the investor, as well as to find solutions for identified non-conformities

and discrepancies;

d) to issue tender dossiers, technical instructions regarding the performance of works,

operation, maintenance and repairs, and, as the case may be, projects for the

supervision of constructions in time. The documents regarding the post-use of the

constructions shall only be issued upon owner's request;

e) to establish, by design, the performance stages established for the works in

compliance with the requirements and the participation on site at the quality

inspections related thereof;

f) to establish the method to deal with the defects occurred during performance, due to

designer's fault, at the constructions that should meet a quality level in accordance with

the requirements, and also to monitor the implementation on site of the adopted solutions,

after prior endorsement by specialized and certified design checkers, upon

investor's request;


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g) to participate in the elaboration of the technical book of the construction and the taking

over of the executed works.

Section 3

Contractors' Obligations and Liabilities

Article 23

The contractor in construction works shall have the following primary obligations:

a) to notify the investor regarding the non-conformities and discrepancies found in

designs, in order to find solutions;

b) to start execution of works only for constructions authorized in compliance with law and

only based and in compliance with designs verified by certified specialists;

c) to ensure a quality level conceived and fulfilled by its own personnel and by certified

technical execution experts;

d) to summon all persons that should participate in checking the works that reached

determinant phases of execution and ensure the necessary conditions for their

performance, in order to obtain the approval to carry on such works;

e) to solve non-conformities, defects and discrepancies occurred during the performance

stages, only based on the solutions determined by the designer with investor's

approval;

f) to use, during performance of works, only those products and procedures provided by the

design, certified or for which technical agreements exist, leading to meeting the

requirements, and the administration of witness-samples; to replace the products andprocedures provided by the design with others that meet the requirements provided by

the design and only based on the solutions indicated by designers with investor's

approval;

g) to observe the designs and working drawings for achieving the required quality level;


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h) to notify, within 24 hours, the State Inspectorate in constructions, public works, town

planning and national and regional development in case of technical accidents

occurred during the performance of works;

i) to submit for taking over only constructions that meet the quality requirements and for

which the contractor has already submitted to the investor the necessary documents for

elaborating the technical book of the construction;

j) to take, within the established terms, all the measures instructed by inspection documents

or by taking over of construction works documents;

k) to remedy, on their own expense, the quality related defects that may arise due to its own

fault, both during the performance and the warranty period provided by law;

l) to return the temporarily occupied plots of land to their initial state, upon the

completion of the works execution;

m) to establish the liabilities of all participants in the production process - responsible parties,

collaborators, subcontractors - in compliance with the own quality system adopted

and with the applicable law.

Section 4

Obligations and Liabilities of Specialized and Certified Design Checker, Technical Inspectors for

Performance of Works and of Certified Technical Experts

Article 24

The specialized and certified design checkers shall be responsible, together with the designer, for

the ensuring a quality level in accordance with the design requirements.

The certified technical inspectors responsible for the performance of works shall be liable,

according to their incumbent duties, for the accomplishment of a quality level in accordance with

the requirements of the design.

The certified technical experts, appointed for the expert appraisal of designs, construction works or

constructions in progress, shall be liable for the recommended solutions.


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The liabilities of the certified specialists shall be established by regulations for the enforcement of

law.

Section 5

Obligations and Liabilities of Construction Owners

Article 25

Construction owners shall be responsible for the following:

a) to perform in due time the maintenance and repair works incumbent to them,

provided in compliance with the legal norms by the technical book of the construction

and arising from the surveillance of such constructions behavior in time;

b) to keep and update the technical book of the construction and its delivery to the new

owner, in case of alienation;

c) to ensure the review in time of the constructions, in accordance with the provisions

stipulated in the technical book and the technical regulations;

d) to perform, if necessary, the reconstruction, consolidation, alteration, extension, partial

dismantling, as well as any other repair works regarding the construction, only in

compliance with designs drawn up by individuals or legal entities, certified and verified

according to the legal provisions;

e) to insure the performance of intervention works on constructions, as required by legal

regulations;

f) to insure the performance of works in the post-use stage of such constructions, in

conformity with the applicable legal regulations.

Section 6

Obligations and Liabilities of Administrators and Construction Users

Article 26

Administrators and construction users shall have the following primary obligations:


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a) to use constructions according to the operation instructions provided by the technical

book thereof;

b) to perform, timely, the maintenance and repair works incumbent to themaccording to the

contract;

c) to perform intervention works at the existing construction as provided by article 18

paragraph 2, subject only to owner's approval and observance of legal provisions;

d) to survey the behavior in time of constructions according to the technical book of the

construction and the agreement concluded with the owner;

e) to notify, within 24 hours, the State Inspectorate in constructions, public works, town

planning and national and regional development, in case of technical accidents at the

constructions under operation.

Section 7

Obligations and Liabilities in Research Activity

Article 27

Units that carry out research activities in constructions shall have the following main obligations:

a) to perform preliminary theoretical and experimental research, in order to substantiate

technical regulations in constructions;

b) to substantiate, elaborate and test new technical solutions, products and procedures in

constructions;

c) to verify and control new products and procedures, upon producers' request, with the

purpose of issuing technical agreements, according to the legal provisions.

Section 8

Common Obligations and Liabilities


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Article 28

The liability regarding the achievement and maintenance, during the whole existence of the

construction, of some constructions having an appropriate quality, as well as for the fulfillment of

the obligations determined by the procedures and regulations issued in accordance with the

provisions of the present law, lies with the participants in their design, performance, operation and

post-use stages.

Article 29

The designer, the specialized and certified design checker, materials producers and suppliers, the

contractor, the certified technical inspector, the site inspector, the technical expert are liable

proportionally to the liabilities incumbent to them with regard to hidden defects of the construction

that may arise within 10 years from the reception of works, as well as after the expiry of such term,

during the whole existence of the construction, for defects regarding the resistance structure,

resulting from the non-observance of design and performance regulations in force at the date of its

completion.

Section 9

Obligations and Liabilities of the State Inspectorate in Constructions, Public Works, Town Planning

and National and Regional Development

Article 30

The State Inspectorate in Constructions, Public Works, Town Planning and National and Regional

Development within the Ministry of Public Works and National and Regional Development and the

County Inspectorates and the Bucharest Inspectorate in Constructions, Public Works, Town

Planning and National and Regional Development subordinated to it, and the other similar bodies

with attributions established by legal orders shall be responsible for exercising States controlregarding the unitary implementation of legal provisions regarding quality in constructions, in all

stages and for all components of the quality system in constructions and for the identification of

minor offences and the application of the sanctions provided by law and, as the case may be, for

stopping the non-compliant works.

The State quality control for constructions for objectives with secret character, classified as such by

orders of the Ministry of Defense, Ministry of Interior and Romanian Information Service shall be

conducted by their own bodies empowered to this purpose.


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The organization and operation of the State Inspectorate in Constructions, Public Works, Town

Planning and National and Regional Development shall be established by Government Ordinancewithin 90 days from the enforcement of hereby law.

CHAPTER IV

Sanctions

Article 31

The design, review, expertise, construction or alteration of construction without observing the

technical specifications regarding stability and resistance shall be deemed as criminal offences and

shall be punished with imprisonment from five (5) to ten (10) years and cancellation of certain

rights - if these could have entailed one of the following: loss of human lives, serious injury of the

integrity of the body or health of one or several persons, partial or total destruction of the

construction, partial or total destruction of important installations and equipments or any other very

serious consequences.

The deed provided by the above paragraph shall be punished with imprisonment from ten (10) to

twenty (20) years and stripping off certain rights in case it entailed the partial or total destruction of

the construction, death or serious injury of the integrity of the body or health of one or several

persons, destruction of important installations and equipments, or any other very serious

consequences.

Article 32

The continuation of construction works that have not been correctly executed and have been

stopped by order of inspection bodies shall be deemed as criminal offence and shall be punished

with imprisonment from three (3) months to two (2) years or with payment of a fine, in all cases in

which such action would have effects on construction's stability and resistance.

Article 33

The following deeds shall be deemed as minor offences due to the infringement of this law and

shall be sanctioned with fines, unless they were committed under such circumstances that,

according to the law, render such deeds be deemed as criminal offences:

1. From 15,500,000 ROL to 93,000,000 ROL*):


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a) alteration or demolishment the construction, with the infringement of the provisions

regarding its authorization and execution;

b) failure to fulfill the obligations regarding the supervision of behavior in time of the important

and complex constructions, from the point of view of stability and resistance.

2. From 15,500,000 ROL to 77,000,000 ROL*):

a) execution of constructions without designs or on ground of designs that have not been

previously checked by certified checkers as provided by law;

b) failure to observe the obligations regarding the supervision behavior in time of

constructions, maintenance, repairs and consolidation works;

c) alteration, transformation, modernization, consolidation of constructions, which may affect

the (quality) requirements, without a design checked by a certified checker in compliance

with the legal provisions;

d) inappropriate organization and failure to apply the quality management and control system,

including the performance of constructions in the absence of certified technical experts

responsible for the execution, as provided by Article 14.

3. From 7,700,000 to 46,500,000 ROL*):

a) elaboration of incomplete designs or designs that include discrepancies between their

different sections that may lead to failure in accomplishing the required quality level and

their acceptance by certified checkers;

b) infringement of the provisions of the technical specifications regarding the constructions

requirements;

c) taking over of the construction with the failure to observe the legal provisions;

d) failure to fill in and maintain the technical book of the construction in compliance with the

legal provisions;


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e) provision, within the expert appraisal of the design and construction works, of

solutions that may lead to failure in accomplishing the quality level according to

requirements;

f) failure to arrange the temporarily occupied areas to bring them to the original state,

after the completion of works;

g) failure to ensure the checking of the execution of works through specialized site inspectors

or consultancy entities, as per article 21;

h) forbiddance or obstruction of performance of the quality inspections in constructions and

failure to submit documents required by the persons in charge with such inspections, as

provided by the law.

4. From 3,.000,000 ROL to 12,500,000 ROL*):

a) failure to establish in the design the category of importance of the construction and to

establish determinant phases subject to quality control;

b) provision by the design for or use of uncertified products or of products for which no

technical agreement exist at works that must meet a certain quality level;

c) failure to observe, in designs, the level of quality and other contract provisions

concerning the requirements;

d) failure to carry out maintenance and repairs works for which owners are responsible,

according to law and that may affect the required level of quality;

e) failure to summon the parties that shall take part in checking the works that reached

determinant phases of execution and to ensure the checking conditions;

5. From 1,500,000 ROL to 3,300,000 ROL*):

a) unjustified absence from checking the works that reached determinant phases, after the

having been summoned by the contractor, and the ungrounded summoning, by the latter,

of the interested parties;

b) Investors /Contractors failure to request solutions for defects remedial that occurred

during execution, with regard to requirements;


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c) failure of the designer to fulfill its obligation to establish solutions to remedy the identified

defects with regard to requirements;

d) Contractors failure to apply solutions established by the Designer or Expert in order to

solve non-conformities, defects and discrepancies occurred during execution;

e) failure to notify the State Inspectorate in Constructions, Public Works, Town Planning and

National and Regional Development in case of technical accidents happened during the

constructions execution or operation;

f) failure to fulfill, at the established dates, the measures provided by inspection documents.

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*) The limits of the minor offences related fines, provided at items 1-5 of Art. 33, have been

updated according to the inflation rate and increased according to the provisions of Resolution No.

498 dated 24 Mai 2001, published in Monitorul OficialNo. 295 dated 5 June 2001.

Article 34

The above mentioned sanctions provided by Article 33 shall be applicable to all legal and natural

entities.

Article 35

The minor offences provided by Article 33 shall be identified and the related sanctions shall be

applied by individuals that have control assignments within the State Inspectorate in Constructions,

Public Works, Town Planning and National and Regional Development; for the cases provided by

Article 30, such actions shall be taken by representatives of the Ministry of Defense, the Ministry of

the Interior and the Romanian Information Service.

Article 36

The minor offences provided by Art. 33 shall be subject to provisions of Law no. 32/1968*)

regarding the establishment and sanction of minor offences.

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*) Law No. 32/1968 was abrogated by Government Ordinance No. 2 dated July 12, 2001,

published in Monitorul Oficial, Part I, No. 410 dated 25 July 2001.


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CHAPTER V

Final and Transitory Provisions

Article 37

The regulations and procedures used for the classification of constructions in categories according

to their importance and for quality system components provided by Article 9 shall be issued by

Ministry of Public Works and National and Regional Development, upon consultation with bodies

that have assignments such established through legal provisions, within 90 days from the

enforcement of this law.

Article 38

The regulations provided by Article 37 shall be approved by Government resolutions. The

procedures provided by Article 37 and the regulations for the issuance and implementation of

quality system in constructions shall be approved by order of Minister of Public Works and National

and Regional Development.

Article 39

The construction authorization for the works provided by Article 3, paragraphs a), b), c), d) and e)

of Law No. 50/1991*) shall be issued only for the designs checked and approved by certified

design checkers, except those provided by Article 2, paragraph 2 of this law.

*) Law No. 50/1991 was republished in Monitorul Oficial, Part I, No. 3 dated 13 January 1997.

Article 40

The investors or owners shall pay monthly to the State Inspectorate in Constructions (SIC)subordinated to the Ministry of Public Works, Transport and Housing an amount equivalent to

0.70% of the expenses for the execution of constructions and works provided by Article 2 and for

which authorizations for constructions shall be issued, as provided by law, except the owners,

natural persons, that execute consolidation and repair works at the houses in their property. The

calculation and payment of such amounts shall be made in installments, concomitantly with the

payment of the provided services. The State Inspectorate in Constructions - SIC uses 70% of the

fund thus established for the fulfillment of the attributions, according to the legal provisions, and


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pays 30% of such fund in the account of the Ministry of Public Works, Transport and Housing, that

uses it for:

a) elaboration of technical regulations in constructions, urbanism, land planning and habitat,

and for the research, testing, documentations, studies, audit, databases and

accomplishment of prototypes necessary as a foundation of the specific regulations in

the field. The types of regulations and related expenses shall be established by

regulations elaborated by the Ministry of Public Works, Transport and Housing and

approved by Government resolution;

b) the execution through the National Company of Investments - - SA of certain

intervention works of first degree of emergency at constructions at risk, that represent a

public danger, in view of ensuring the requirement of resistance and stability, of prevention

of the natural risks, caused by earthquakes, floods, land sliding, land settlements and/or

collapsing and, as the case may be, for the assessment and design of the necessary

works. The criteria and manner of allotting the sums shall be established by

methodological rules elaborated by the Ministry of Public Works, Transport and Housing

and approved by Government resolution.

The delayed payment of installments provided by paragraph 1 by investor or owner, shall be

penalized with a 0.15% delay fee for each day of delay, but not exceeding the due amount.

All expenses for technical and professional certification activities for specialists in constructions

shall be borne by the interested party.

All funds available at the end of the year from extra-budgetary sources shall be reported to the

following year and shall have the same destination.

The expenses for quality certification of products and procedures, issuance of technical

agreements for new materials, procedures and equipments, licensing and approval of laboratories,

checking of designs and execution of construction works, management and assurance of quality,metrological checking, taking over of works, supervision of behavior under operation and

intervention in due course of time, and the post-use of works shall be borne by the interested party,

except the expenses made according to paragraph 1, letter b.

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Paragraphs 1 and 5 of Art. 40 have been modified by Law No. 587 dated 29 October 2002,

published in Monitorul OficialNo. 817 of 12 November 2002.


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Article 41

Commencing with the enforcement date of this law, Law No. 8/1977 regarding Assurance of

Durability, Safety under Operation, Functionality and Quality of Constructions and the Government

Ordinance No. 2/1994 regarding Quality in Constructions and any other orders providing otherwise

shall be abrogated.

This law was adopted by the Chamber of Deputies in the meeting of 27 December 1994, pursuant

to the provisions of Article 74 paragraph 1 of the Constitution of Romania.

p. PRESIDENT OF THE CHAMBER OF DEPUTIES

DAN MARTIAN

This law has been adopted by the Senate in the meeting of 29 December 1994, with the

observance of the provisions of Art. 74 paragraph 1 of the Constitution of Romania.

PRESIDENT OF THE SENATE

Prof. dr. OLIVIU GHERMAN

===============

I, the undersigned Emanuela ION, sworn translator (License No. 5572, issued by the RomanianMinistry of Justice), hereby confirm the exact correspondence with the original Romanian text,collated by me today, 31 August 2005.

Translator, Emanuela ION

2007-07-24_law 10-1995 updated version with all amendments unti-205

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