On January 1, 2024, the new Wet kwaliteitsborging (Wkb) will be introduced gradually.

With this new law, the government aims to increase supervision and control in the construction sector, ensuring that builders adhere to applicable quality standards. Initially, the changes under the Wkb will apply to simple projects, such as single-family homes and smaller commercial properties. The intention is for other types of construction projects to follow suit from 2028 onwards. This phased approach allows construction companies and municipalities to gain experience with the new construction supervision gradually.

What is the Wet kwaliteitsborging (Wkb)?

The aim of this new law is for construction companies to better monitor their work, so that fewer defects and errors occur in new construction. Examples of defects include insufficient insulation, structural errors, and fire hazardous situations. By obligating builders to inspect their own work, fewer repair costs are incurred. It also makes the work of independent inspectors easier and faster, as builders already perform many checks themselves.

Read more about the new law on the website of the Rijksoverheid.

The five key changes for builders

The law establishes a new system of quality assurance with 5 key changes.

• Within the construction industry, independent inspectors, also known as quality assurance agents, play a significant role. They verify whether a building complies with legal requirements, both during the design phase and at the construction site.
• If defects are identified during construction, the contractor is responsible for their own mistakes. The client can compel the contractor to rectify the defects, even if they are discovered later.
• The contractor is obliged to inform the client if and how they are insured against bankruptcy and risks of damage and defects.
• Clients, similar to the current situation, have the right to retain 5% of the contract sum with the notary. Currently, this amount automatically goes to the contractor when the building is completed. With the new law, the notary will only release the funds when the client confirms that all defects have been rectified.
• If the quality assurance agent or municipality identify defects, the municipality can halt construction.

 

Delivery dossier Wet kwaliteitsborging

To comply with the new quality assurance requirements, better communication between contractors and clients is necessary for construction companies. The delivery dossier plays an important role in this regard. Contractors are obliged to provide the client with a dossier upon completion. The dossier contains all data and documents that provide insight into the fulfillment of all agreements and contracts. The following items must be included in the delivery dossier:

• Drawings and calculations of the constructed building;
• Description of materials and installations used;
• Functional uses of the building and installation;
• Data and documents necessary for the use and maintenance of the building.

Additionally, consider including the following information:

• Evidence that work has been carried out, such as photos before, during, and after construction;
• All changes compared to the signed contract (additional or reduced work).

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