In today's article in the series entitled "Tuesday Mornings for Construction Professionals," we return to the beginnings of Construction Law, drawing on which we would like to introduce you to the role of each participant in the construction process – starting with the designer (architect). We would like to begin by reminding you that the designer, alongside the investor, the construction supervisor, and the construction manager or works manager, is designated in Article 17 of the Construction Law as one of the four participants in the construction process.
A designer, within the meaning of construction law, must have completed a technical or construction-related university degree in a field relevant to the scope of the projects being developed, completed appropriate internships, met the legally required criteria, and then passed an exam to obtain a building permit. Designers are also required to be members of a professional association of engineers or architects, including paying their membership dues on time and maintaining civil liability insurance.
Currently, investors who would like to verify the designer they intend to hire can verify their entry in the Central Register of Persons with Construction Licenses (e-CRUB). We've already written about the system in our series, and we encourage you to read the article. #136.
The basic responsibilities of the designer are listed in Article 20 of the Construction Law, and in particular the designer is responsible for, among other things:
- preparation of a construction design in accordance with the requirements of the Act, administrative decisions, applicable regulations and principles of technical knowledge,
- determining the area of influence of the facility,
- obtaining the required opinions, agreements and verifications of design solutions,
- clarifying doubts regarding the project and its solutions;
- preparation or agreement of individual technical documentation,
- exercising authorial supervision at the request of the investor or the architectural and construction administration body.
In addition to the above, his/her duty is also to ensure, if necessary, the participation in the development of the construction project of persons with construction qualifications to design in the appropriate specialty.
In practice, the preparation of a construction design by a designer and qualified third parties raises legal issues regarding the rights and obligations of those collaborating with the designer. Therefore, the Chief Inspectorate of Building Control (GIN) has undertaken an analysis of this topic as part of its series "Interesting Interpretations of the GUNB," which we would like to briefly outline for you.
Within the above-mentioned article, the authority indicated that, in its opinion, all persons who participated in the development of the project are obliged to sign the construction design, but they are only obliged to sign on the title page of the design study in the development of which they participated (e.g. a person who participated in the development of an architectural and construction design is not obliged to sign on the title page of a plot or land development design).
It's worth recalling that a construction design consists of the following parts: (i) a plot or land development plan, (ii) an architectural and construction design, and (iii) a technical design. Additionally, the design may include: in the case of a project located on a national or regional road, a declaration from the road administrator regarding the feasibility of connecting the plot on which the project will be located with a public road, as well as opinions, permit approvals, and other documents required due to the nature of the planned project.
Another interesting issue raised by the General Office of Building Control is the designer's obligation to submit a declaration confirming that the design has been prepared in accordance with applicable regulations and technical principles. This declaration is a fundamental part of the design, the absence or incorrect submission of which prevents the issuance of a building permit.
Therefore, it is crucial to identify the entity required to submit such a declaration. According to the GUNB's interpretation, the only entity required to submit the above declaration is the "lead" designer , i.e., the one who, pursuant to Article 20, Section 1a) of the Building Law, is obligated to ensure, if necessary, the participation of individuals with building qualifications in the appropriate specialty in the development of the construction design. In our opinion, the above interpretation is accurate because the designer, i.e., the participant in the construction process, will generally be a single entity. A different interpretation of the regulations could result in the spread of responsibility among multiple entities, which would defeat the purpose of requiring the designer to submit the declaration discussed above, i.e., to enable simple identification of the entity bearing civil and professional liability in the event of improper design preparation.
At this point, it should be emphasized that the above interpretations of the GUNB are not binding on the authorities, but only constitute a manifestation of the current interpretation of the above provisions .
In summary, the designer, as a participant in the construction process, bears numerous responsibilities, the proper execution of which significantly impacts the construction process. In particular, the correct preparation of a construction design, not only in terms of the correctness of the design solutions but also in formal terms, determines the issuance of a building permit.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of July 23, 2024
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