Upon completion of the works, the reception checks whether a construction has been executed in accordance with the contract, the project, the authorization, and the applicable requirements. The regulation approved by H.G. no. 273/1994, as amended by H.G. no. 343/2017, It provides for two stages: the reception upon completion of the works and the final reception after the expiration of the warranty period. The reception can be accepted or rejected on reasoned grounds.
What happens at the reception upon completion of the works?
The Commission examines the construction and design and execution documents to verify compliance with the authorization and the applicable fundamental requirements. Relevant documents, expert opinions, tests or additional tests may be requested when justified. The Commission includes representatives and specialists appointed in accordance with the regulations; the contractor and designer participate as invited guests. The minutes record the results of the verifications and the decision of the Commission.
The reception does not only mean signing a form. Before signing, the investor and the commission must identify and concretely describe the problems found, the missing documents and the necessary measures, so that the responsibility and the applicable deadline can be established.
When is the reception suspended and how long does the repair take?
The Commission may suspend the process if there are any inconsistencies, defects or unfinished works that affect the use of the construction or the fundamental requirements, if repairs or additional checks are necessary, or if the required documents are missing. The suspension and its reasons are recorded in a process-record, along with the recommended measures and the deadline for rectification.
According to Article 17 of the regulation, the deadline for remedy is set by the commission together with the executor and cannot exceed 90 days from the suspension notice. If factors independent of the will of the parties, such as climatic conditions, make remedy impossible, the executor may request a postponement of the deadline by up to 90 days, under the conditions provided by the regulation. If the executor does not remedy the problems after the investor’s order, the latter may carry out the repairs at the expense and risk of the executor and may demand compensation for the damage, in accordance with the law. Failure to comply with the deadline may lead to the rejection of the receipt.
What effects does the receipt process have?
The reception can only be admitted after the issues that justified the suspension have been remedied. The construction can be put into use after the reception is admitted upon completion of the works, its takeover by the owner, and obtaining the necessary permits for use, in accordance with the law.
The regulation limits the investor’s subsequent requests: after the conclusion of the minutes, he may not request any other remedies, penalties, or value reductions other than those recorded in the act. Hidden defects discovered within the term provided by law and structural defects that fall under the special rule regarding the duration of the construction’s existence are exempt. Therefore, the exact wording of the observations in the minutes has a particularly practical importance.
What are the minimum guarantee periods?
Article 7(3) of Law no. 10/1995 on quality in construction It establishes that the warranty period is included in the contract and cannot be less than 5 years for constructions in categories A and B, 3 years for category C and 1 year for category D. The period is extended by the duration of the rectification of the qualitative defects found during the warranty. The final acceptance is organized upon the expiration of the warranty, within the time and according to the procedure provided by the regulation.
Before signing, check that the minutes describe each non-compliance, the remedial measure, and the established deadline. Keep the contract, the project, the photos, and the notifications sent to the contractor. In a dispute, these documents can help clarify the obligations assumed and the work that was actually received.
