Agreement between VNG and BZK on Building Quality Assurance Act

On Nov. 12, the VNG and Minister Ollongren (Interior and Kingdom Relations) reached an agreement on the Building Quality Assurance Act (Wkb). This agreement between municipalities and the ministry marks an important step toward the law's intended entry into force on January 1, 2022.

Currently, the agreements that the VNG made with the Ministry of the Interior and Kingdom Relations about the Wkb are being further elaborated in an AMvB.

Minister Ollongren: "I am pleased with this agreement between municipalities and the state. With it, the quality of construction projects is more strongly guaranteed and consumers are better protected. And the municipality retains its supervisory and enforcement powers."

Alderman Liesbeth Grijsen, member of the VNG Committee on Spatial Planning, Housing and Mobility: 'It is good that municipalities now have clarity about the legal guarantee of the responsibilities of the competent authority. As far as we are concerned, this agreement removes the legal obstacles. Municipalities and everyone else involved can now focus on preparations for the introduction of the law. Nothing now stands in the way of parties getting started with pilot projects'.

The Wkb aims to improve construction quality by replacing the test in advance on paper construction plans with the test in practice at the construction site itself during the construction process. This test in practice will be carried out (initially for construction works consequence class 1) by independent quality assurance agencies. In addition, the builder's liability is increased for construction defects. This provides future residents with greater assurance that their home will be delivered without defects and the guarantee that defects will be repaired or compensated for.

Feasibility concerns addressed

In 2019, the Chambers had already agreed to this law. In the further elaboration of the regulations, municipalities had concerns about enforceability in a number of areas, which have been removed by the agreement. For example, the division of tasks between municipalities and quality assurance agency will be described even more clearly, municipalities will have the possibility to request information about a project in specific cases, and a clear distinction will be made between the risk assessment and the assurance plan.

Article 2-investigation Financial Ratio Act

It was also agreed that there will be a study to understand the cost to municipalities of supervising all building regulations (Art. 2 Financial Ratio Act).

The Wkb ties in with the implementation of the Environment Act, both of which are intended to take effect on January 1, 2022. The agreement allows all parties to get started on pilot projects and the implementation of the Wkb.

Source: www.rijksoverheid.nl