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The analysis is based upon the investigation of the regulatory requirements, impact assessment of the regime, case studies and interviews with professionals. Simplification measures are proposed in line with EU policy and lean thinking principles. Aim of the study Building control in EU Research approach and methodology The risk-based categorisation of construction works is not adequately linked with the design supervision levels DSL The minimum scope and contents of the design for a building permit are excessive..
Overlapping of approvals and legal uncertainty create bureaucracy Bureaucratic regime for permitting design changes during construction Bureaucracy and the general principles of EU law Legal certainty Cutting the Red Tape in line with Strategy Assumptions for the comparison Case study 1: a dwelling SDA Cat.
Case study 2: a medical centre SDA Cat. I , last amendment BGBI. Aim of the study After the collapse of socialism in , followed by a 10 year privatisation process, new construction legislation was introduced in Bulgaria, reflecting the changes in the real property law.
The new codification introduced delegation of the design verification process to licensed third parties. At the same time some of the old practices still remain. About ten separate design parts, each containing an explanatory note, drawings and calculations, have to be approved for a building permit.
The same scope and contents of the design is required both for low-risk private and high-risk public projects. Agreement and compliance assessment CA procedures often overlap and cause extra costs and delay. Creating a friendly and transparent environment, it would bring certainty and eliminate corruption. Building control in EU The building control regimes enforce the building regulations, setting minimum requirements for safe, healthy, energy-efficient and accessible buildings and structures.
This is a public law area: it is the public interest to ensure that buildings are safely and properly designed and constructed via a process of uniform regulation, backed with enforcement procedures, including sanctions.
There is also awareness of the special claim for legal protection of the residential occupiers, in relation to the basic housing standards. Designs must be prepared and submitted to an authority that approves its compliance with zoning demands and building regulations. During construction, site inspections guarantee that the structure is built according to design and that it complies with the building regulations.
Once construction is complete, a final check is conducted and a completion certificate or a use permit is issued. Research approach and methodology The topic includes public policy analysis: a comparison of existing regimes in order to identify their bureaucratic features and rank them accordingly. The aim is to improve the Bulgarian regulations, following the best European practices. The study includes problem structuring, forecasting, monitoring, evaluation and recommendation. Figure 1.
In case of different regional regulations, two sample locations are selected. Originates from early 18th century, when red or pink tape was used to bind official documents OED. Doing Business measured no reform for , , , and Efficiency generally describes the extent to which time, effort or cost is well used for the intended task or purpose.
In order to structure the problem, I shall analyse the Bulgarian regime for design approval and identify the waste of resources in several zones.
The risk-based categorisation of construction works is not adequately linked with the design supervision levels DSL The design approval and building control codification is provided by section 8 of the SDA2.
No design approval is required for permitting Category VI works. The three importance classes are linked with the six SDA categories. Risk-based classification Class Reg. SDA Art. The obligatory CA of the design with the zoning and technical requirements may be implemented by: 1.
It is almost a detailed design, excluding the shop drawings developed by the suppliers. Architecture; 2. Structures; 3. Geodesy; 5. Landscaping; 6. Energy efficiency; 7. Electrical; 8. HVAC; 9. Plumbing and drainage; Health and Safety Plan; Waste Management Plan. If the design is done by a foreign designer, a Bulgarian designer has to verify the compliance with local regulations, sign and stamp and take responsibility as a designer under the law.
After that the real development of the design may start, in many cases by other designers often the developer sells the project with a building permit and the new developer always redesigns; in case of an engineering contract, the contractor develops the design.
Conclusion Red Tape Zone B: The minimum scope and contents of the design to achieve a building permit are obviously excessive. The prescriptive requirements of the law lead to the development of at least eight design parts even for a small house. CA Report; 2. Preliminary contracts with the utility operators for connections to technical infrastructure. In most cases the developer has to finance the connection to the utility and submit the relevant design for agreement before the main application; 4.
Entered in force administrative acts, conditions precedent for a building permit pursuant to the Environmental Protection Act, Biodiversity Act, Cultural Heritage Act or other special act; 5. The purpose of the changes was to simplify the existing regime, privatising the expert activities.
The private third party in a licensed, from a registered consulting company33 issues a CA after the qualified experts check the relevant design part. Architect; 2. Structural Engineer; 3. HVAC engineer; 4. Electrical engineer; 5. Telecommunications engineer; 8. Technology in industrial processes; 9. Sanitary engineer; Geodesy engineer; Geology engineer; Lawyer; Health and safety coordinator. The provisions of the detailed zoning plan; 2.
The rules and the norms for spatial development; 3. Bearing capacity, stability and durability of the building structures and the earth base at operation and seismic loads; 2. Fire safety; 3. Safe use; 5. Protection against noise and environmental protection; 6. The mutual co-ordination between the parts of the design; 5. The completeness and the structural compliance of the calculations; 6. Other specific requirements to certain kinds of construction works pursuant to a regulation, if relevant; 8.
Requirements of administrative acts, which are conditions precedent for a building permit pursuant to the Environmental Protection Act, Biodiversity Act, Cultural Heritage Act or other special act; 9. The requirements for selective waste separation aiming reuse. There is no time for structured public consultations and RIA before the voting in Parliament. Bureaucratic regime for permitting design changes during construction Substantial deviations, compliant with zoning and technical requirements, have to be permitted during construction on the grounds of an approved design by an amendment of the building permit BEFORE their implementation.
Every change of the foundation type in case of unexpected conditions is treated as a substantial deviation.
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