Transcript Document

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
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
Primăria______________________________
municipiului, oraşului, comunei, satului
CERTIFICAT DE URBANISM INFORMATIV
nr.________din____________201____
Ca urmare a cererii adresate de _________________________________,
cu domiciliul/sediul _______________________________________________
_________________ telefon de contact _______________________________,
înregistrată сu nr. ______ din _______________ 201___
În baza prevederilor Legii privind autorizarea executării lucrărilor de
construcţie, se
CONSTATĂ:
Pentru terenul şi construcţiile situate:
în raionul__________________municipiul/oraşul _______________________
sectorul_____________________ comuna/satul ________________________
strada __________________ nr. _______ bloc __________ ap. ____________
1. Regimul juridic: _______________________________________________
________________________________________________________________
2. Regimul tehnic:________________________________________________
________________________________________________________________
3. Regimul arhitectural-urbanistic:
________________________________________________________________
________________________________________________________________
Notă. Prezentul certificat nu permite executarea lucrărilor de proiectare sau de construcţie.
PRIMAR
L.Ş.
/ __________ /
SECRETAR
ARHITECT-ŞEF
/ ________/
/ ________/
Achitată plata de ________lei. Chitanţa nr._____din_____________201___.
Transmis solicitantului la data de __________201___direct/prin postă.
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
Primăria______________________________
municipiului, oraşului, comunei, satului
CERTIFICAT DE URBANISM PENTRU PROIECTARE
nr.________din____________201___
Ca urmare a cererii depuse de ____________________________________,
cu domiciliul/sediul _________________________________________________
_____________________ telefon de contact______________________________,
înregistrată cu nr. _______ din _____________________ 201__
În baza prevederilor Legii privind autorizarea executării lucrărilor de
construcţie, se
CERTIFICĂ:
Elaborarea documentaţiei de proiect pentru:
__________________________________________________________________
situat în raionul__________________municipiul/oraşul_____________________
sectorul_____________________ comuna/satul ___________________________
strada __________________ nr. _______ bloc __________ ap. _______________
1. Regimul juridic:___________________________________________________
2. Regimul economic:________________________________________________
3. Regimul tehnic:___________________________________________________
4. Regimul arhitectural-urbanistic: _____________________________________
Prezentul certificat nu permite executarea lucrărilor de construcţie.
Documentaţia de proiect, în baza căreia se va solicita eliberarea autorizaţiei de
construire, va fi însoţită de următoarele avize şi studii:
__________________________________________________________________
PRIMAR / __________ /
SECRETAR / ________/ ARHITECT-ŞEF / ________/
Achitată plata de ___________ lei. Chitanţa nr.________din_________201___.
Transmis solicitantului la data de _____________201___direct/prin poştă.
VALABILITATEA SE PRELUNGEŞTE CU _________ LUNI
PRIMAR / __________ /
SECRETAR / ________/
ARHITECT-ŞEF / ________/
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 and 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 and 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
02.02.1996, 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 02.02.1996 on
construction quality.
• Chapter V of Law No. 163 of 9 July 2010
authorizing the execution of construction
28
Anexa nr.3
Primăria ______________________________________
municipiului, oraşului, comunei, satului
AUTORIZAŢIE DE CONSTRUIRE
nr.____din_________201___
Ca urmare a cererii adresate de ___________________________________,
cu domiciliul/sediul _________________________________________________
__________________________ telefon de contact ____________________________,
înregistrată cu nr. _____ din __________________ 201 ___
În baza prevederilor Legii privind autorizarea executării lucrărilor de
construcţie, se
A U T O R I Z E A Z Ă:
Executarea lucrărilor de ________________________________________
__________________________________________________________________
în raionul__________________municipiul/oraşul__________________________
sectorul_____________________ comuna/satul ___________________________
strada __________________ nr. _______ bloc __________ ap._______________
în următoarele condiţii:
__________________________________________________________________
__________________________________________________________________
Documentaţia de proiect a fost elaborată de__________________________
__________________________________________________________________
Termenul de începere a lucrărilor de construcţie este de ____ luni de la data
eliberării prezentei autorizaţii.
Durata executării lucrărilor de construcţie nu va depăşi_____luni din
momentul începerii lucrărilor de construcţie.
PRIMAR
L.Ş.
/ __________ /
ARHITECT-ŞEF
SECRETAR
/ ________/
/ ________/
Înregistrată cu nr. ____din____________201___
Inspector de stat în construcţii /_______________/ L.Ş.
29
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 and 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 m2 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 (anexa5) 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 02.02.1996 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 02.02.1996
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
02.02.1996 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 02.02.1996 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 02.02.1996 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 02.02.1996
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 02.02.1996 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 02.02.1996 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) TakingOver-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 28m, 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 its 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 02.02.1996
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 02.02.1996 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