France

France has a combined public‐private system for enforcement of the building codes. The bottom line is that the municipalities are responsible for providing the building permit and the completion certificate when necessary, while private parties are responsible for performing checks and

supervision. Although in most cases the municipality can still play a (small) role in the spatial planning check, the smaller construction works (until dwellings) are not or hardly being checked. Larger projects are controlled by private inspection agencies, noting that as the risks are getting greater, the supervision becomes stricter (figure 4).

France also makes a distinction in construction works:

• License free construction work

• Notification required construction works

• Compulsary licensing buildings that have to go through the regular procedure

Figure 4: Quality assurance procedure France; (Meijer & Visscher, 2016)

For all new construction that are license free or require a notification, permits must be requested.

For construction work on existing buildings, a building permit is generally needed if the modification covers a larger surface area than 20 m². For buildings within the urban area or an area subject to a zoning plan, a permit is needed if:

• More than 40 m2 of floor space is added or;

• The surface added is more than 20 m² but less than 40 m² and the floor area of the building after the construction is more than 170 m²

A permit is also needed when the (support) structure or the façade of the building is changed, the purpose is changed or when it is regarding a monument or a building that is located in a protected city area.

Even within the category of permit required buildings there is a distinction between simple and complex buildings. Within housing construction the spatial planning check is performed by the municipally. An application for a building project must be accompanied by a certificate indicating the proposed plan satisfies the technical requirements on energy performance (this is the tasks of the architect).

Regarding the supervision during the construction works, a quality inspector can be involved (on behalf of the construction company). The municipality can also perform checks, but usually this does not occur and if it does, it will be ad hoc. For detached houses there is barely supervision in practice.

Applicants of a building with a floor area less than 170m2 can submit their own application. It is advised to first seek an architect of the Council of Architecture for a free architectural advice. This opinion is limited to the architectural value of the building. The assumption is made that the insurance and guarantee system ensures compliance of all technical requirements during construction. In this situation the municipality performs no supervision (or barely).

When the future floor space will be more than 170 m², a licensed architect must be involved in the permit request. The design (including calculations, materials) which is submitted with the application must be made by the architect. For the application, the architect must declare he possesses the required knowledge on the technical regulations. The designer must send as‐built statement to the

municipality within thirty days after completion. Normal buildings may be used after the construction company has reported that the building is completed (Meijer & Visscher, 2016).

Tasks

There are experience and training requirements for all employees in the construction sector. At the end of the 10‐year compulsory insurance the construction companies should provide detailed information about their company (number of employees, qualifications, solvency, and any problems with previous insurance).

Municipality

Municipalities are responsible for providing building permits and if necessary the as‐built statement There are no legal requirements for the staff of the local BWT. However, the municipalities do have functional and voluntary requirements of their employees . The staff must have followed a specific training and have to meet the training requirements. There are also requirements concerning their independence.

Municipalities can follow a quality system on a voluntary basis. In most cases, the quality system deals with themes such as the inspection and test methods and the way of reporting of reviews and monitoring activities. The employees of the municipality do not need mandatory professional liability insurance. Though they work according a fixed code of conduct. Applicants who are wronged by an incorrect decision or act can appeal at the administrative courts. These remedies are recorded in the national public law.

Client

The current system has been developed in order to protect the client against errors in the construction sector. The consumer is insured for 10 years after the delivery against defects. A drawback is that compensation will be paid, but the defect will not be repaired.

Construction company

Construction companies must be registered or be recognized by an association, otherwise there is no guaranteed assurance on the quality of the construction. In addition, there are other professional associations where construction companies are registered. Applicants who want to build an individual home can best involve a member of an association. Construction companies who have passed a ‘training in doing good business’ must have a registration number. At the local Chamber of Commerce can be checked if the number is still valid.

Architects and engineers

The involvement of registered architects can be mandatory depending on the size of the construction. To act as a project manager of a project, the architect must have followed an

accredited architecture training and must possess a ‘project manager certificate’. Furthermore, the architect must be registered in the register of architects and have professional liability insurance. The architect should report in the permit application that he has knowledge of the relevant technical regulations for that request.

Quality inspectors

Private quality inspection offices play a key role in the inspection of the construction. There are about forty private control agencies in France. Of all new construction in France, about half is controlled by these offices. That is much more than the share of complex structures that are legally required to be checked by private quality offices.

The tasks and responsibilities of the private inspectors and the admission procedures are established in the French Building and Housing Act. The potential inspectors have to demonstrate their expertise and experience. These include the professional qualifications (professionals with an engineering degree), technical experience and independence.

A distinction is made in the approval of the type of construction for which the office may be active. In the area of their expertise the private inspectors should have a background in the field of

construction engineering or civil engineering.