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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Changes and Innovation of Dutch Building Regulation and Control: An Ongoing Debate
Author(s)
Nico P. M. Scholten1 and Rob T.H. de Wildt2
Full-Text PDF
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DOI:10.17265/1934-7359/2016.03.011
Affiliation(s)
1. Expertise Centrum Regelgeving Bouw (Foundation Expert Centre Regulations in Building), Delft 2628 CS, the Netherlands
2. RIGO (Research Institute for Real Estate) Research en Advies, Amsterdam 1011 AB, the Netherlands
ABSTRACT
Dutch building regulation
is under construction. After the report of the commission “Fundamentele
Verkenning Bouw” in 2008, several studies have been done on the principals that
the commission outlined in its report. Local authorities and parties in construction were invited to start experiments
with a more privatized system of building control. But this faced a lack of
participation, partly due to the impact of the crisis. The minister responsible
for housing and construction invited in 2011 a “Bouwteam” to develop an agenda for action for construction. In 2012, 17 action teams started to focus, speed up and
simplify the planning and development of construction.
Recently, the two teams related to building regulation
presented their plans. The first was a roadmap towards private building control,
the second, a proposal for an
independent body to answer questions on constructions plans that do
intrinsically but not legally meet the standards of building regulation. There
is considerable controversy
regarding the way that this implementation team is paving its path towards
private building control. While the minister for housing conformed himself to a
subsidized private implementing team, the Dutch Parliament has expressed its
own priorities for regulation:
insured guarantee to protect users and owners, a role for local authorities
regarding safety and acceptance of buildings and simplification of building regulation
and control for simple construction works. The parliament held a round-table conference to get informed about private building control.
Recently,
a proposal by the minister for housing was discussed. Further debate will be
needed to decide about the next steps in innovation building regulation, which will take place in
the upcoming months. ERB/RIGO (Foundation Expert Centre Regulations in
Building/Research Institute for Real Estate) have developed own proposals for the public-private relation regarding
development and construction of buildings. They expect that their proposals
might be of help. The proposals
are laid down in several publications and partly realized in experimental
development of “to
be approved” technical solutions.
This paper reflects on the differences between their proposals and these of the
roadmap, on the possible outcome of the ongoing debate and its implications,
legal and technical, on building regulation and on legal and contractual
liability. This paper tries to give an inside view on the development of
regulation and the pros and cons of the proposals, starting from a theoretical
outline of building regulation.
KEYWORDS
Building regulation, government, innovation.
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References