Legal Update: Formalities for Inspection and Certification of Construction and Demolition Works for Architectural and Construction Structural Designs
Issue: No. 036P/22 -12 January 2022
On 30 December 2021, the Ministry of Land Management, Urban Planning and Construction (“MLMUP”) has issued a Prakas No.126 DNS/Br.K/Ni.K on the formalities of certification of construction and demolition works for architectural and construction structural designs, which composes of 11 chapters and 37 articles (“Prakas”).
The Prakas aims to determine the formalities of certification of construction and demolition works for architectural and construction structural designs to execute Sub-Decree No. 225 HNK.BK dated 30 December 2020 on the conditions and procedures for construction certification.
The classification, type, and size of construction that require to have inspection and certification works are determined as below:
- All construction types in which construction approval to be approved by the Minister of
- All construction types in which construction approval to be approved by the Governor of the Municipal and Provinces.
This Prakas details also roles and duties of certifier for inspection and certification works of architectural and construction structural designs, including new construction, repair, modification, dismantling in a whole or a part, and construction for real estate development project, before issuing a certificate of compliance. In order to execute the inspection and certification works, the construction owner shall enter into a service agreement with certifier holding a valid construction certifier license. The inspection and certification works shall be carried out during construction or demolition works on the construction site to verify with the design plan and in accordance with technical regulations and other existing regulations, in order to make an assessment and a conclusion. However, this Prakas does not cover the inspection or demolition of mechanical, electrical, and plumbing works, which another Prakas may determine.
After the construction inspection and certification works were done, a report of the inspection and certification and a certificate of compliance shall be issued and provided to the owner of the construction in case the drawing has fulfilled all the requirements of the inspection and certification.
The construction owner or contractor may file a complaint against the construction certifier who may cause any prejudice arising from the performance of its rights or obligations, to the Dispute Settlement Committee for Construction prior proceeding case to the court
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Disclaimer: The article is merely for general information purposes. It does not constitute legal advice on the subject matter.
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