Act quality assurance construction was established for the control of construction. They go from the beginning to the end to check whether you keep to safety standards, for example. This often happens randomly. The municipality tests in advance whether the building plans meet all requirements. The government has created a tool for this so they can easily check. They are even working on a new law with even stricter regulations. Some municipalities are already applying it. But officially this new law only goes into effect in 2022. This all happens gradually so that companies can adapt to it. This gives them enough time to take the necessary measures. This is not something you arrange from one day to the next.

What will be changed in the Quality Assurance Act for Construction?

Step by step, the Construction Quality Assurance Act is being amended and is expected to be launched July 1, 2022. New experts will be added to this project. They will check whether the construction meets the legal technical requirements. Also, the contractor will become responsible for any damage caused to a building due to defects. The construction companies should let the customer know in advance if they are at risk of bankruptcy or defects due to poor construction. Also, as a client, you can have everything done through the notary public. The amount of 5% that you normally keep back for defects is then parked with the notary. The notary will pay this to the contractor after completion if there are no defects. Also, the municipality can now stop a construction project from 2022. However, they will not do this quickly and will only be applied to defects of the developer or contractor.

Why was this law introduced?

The Quality Assurance Act was introduced for the safety of construction projects. This can be seen both physically and financially. Because the construction industry is becoming more and more complex, the government expects to have to amend this law every 5 years. Perhaps even earlier than 5 years if so much keeps changing. It is intended to make the relationship between client and contractor as balanced as possible. Previously, clients lost the money when a company went bankrupt or was in default. Now it must be clear before the project begins that the company is not on the verge of bankruptcy. This gives a piece of extra security to the client. Often this is also recorded by a notary.

What must the company comply with under the Quality Assurance Act?

The Quality Assurance Act is there to protect clients and developers. In most cases, buildings are inspected regularly during construction. This prevents any defects from arising later. These are now the responsibility of the contractor who performs them. This allows clients to continue investing without running much risk. This law also provides clarity in the agreements. Thus, no more misunderstandings can arise. The contractor must also inform the client of the possible risks. They also give advice on what could be done about it. The deposit amount will only be transferred after successful completion. This means that the contractor can only access his money then. It is a big stick to ensure that the project is delivered properly.

How did the Quality Assurance Act come about?

In 2017, the second chamber passed the Building Quality Assurance Act.Then in 2019, the first chamber also passed this bill. In that time there have been some important changes though. Therefore, they have decided on a report of this to be placed in June 2020. This contains the plans for 2022 that are already being tested by some municipalities. In March 2021 the further draft proposals were presented to the chambers. No decision has been formed on this as yet. Meanwhile, the committees have already made some notes on this. These have already been sent to the chambers. However, because we are dealing with a caretaker government, no decision may be made on them yet. Therefore they have not yet been marked as parliamentary documents.

What exactly are the goals of this law?

Basically, there are 3 real goals for the Quality Assurance Act that count. However, you could also name more goals. But we prefer to take you through the most important ones. First of all we start with an improvement of the architectural quality. This has been regularly lacking in recent years. That is why this law can be a big stick for clients. 1 January 2022 this will be extended even further. Then you come to the next goal which is committed to improving the private consumer. He or she can rest assured that everything is guaranteed. And finally we come to improving quality. This is very important given the state of many new construction projects. But failure costs are also an important stick in the door. They protect the client against non-performance.

Final Conclusion

The Quality Assurance Act gives you a good position in the market. You can confidently invest in a better building environment. The safety requirements are stricter and you are protected against non-performance. But you also know that the construction company is liquid. They must be able to prove in advance that they are not on the verge of collapse. In addition, they only get paid when the notary approves. 

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