Building Quality Assurance Act (Wkb)

On Jan. 1, 2024, the Building Quality Assurance Act (Wkb) went into effect. This law, also known as the Quality Assurance Act for short, shifts the assessment of the building requirements of a structure from the municipality to an independent party, the so-called quality assurance company. This does not immediately apply to all structures, but goes in stages.

Are you submitting an environmental permit application after Jan. 1, 2024? If so, this new law may affect you. To ensure that you submit the correct applications to the municipality for your building or remodeling plans, we recommend reading through the steps below. The video below also explains the steps.

Steps

Step 1

Did you submit an environmental permit application before Jan. 1, 2024? Then we will handle it according to the old rules. Applications from January 1, 2024 will go according to the new rules, see step 2.

Step 2

Do you want to apply for an environmental permit? Check whether you need an environmental permit to realize your building plan. You can do this through the new Omgevingsloket. In this desk you can check whether your plan requires a permit and under which consequence class of the "Building Quality Guarantee Act" your building plan falls.

Step 3

If your plan requires a permit, and does not fall into consequence class 1 of the "Building Quality Assurance Act," then it is sufficient to submit a permit application. This application must, of course, comply with the submission requirements. You add all the necessary documents in order for your plan to be tested against the regulations. You do this through the new Omgevingsloket.

Step 4

If your plan requires a permit and does fall under consequence class 1, you must submit a permit application and a construction notification. You can do this through the new Omgevingsloket.

Pay close attention to which parts of your building plan you must submit a permit application for, what rules your permit application will be reviewed against, and what information you must submit to do so.

What applies to the construction notification?

You must engage/contract an independent quality assurance contractor before you can build. Go to the website of the Building Quality Assurance Approval Organization for measurement information.
Your quality assurance contractor must check in advance that your building plan meets the technical rules;
Your quality assurance contractor must document the risks in advance;
Your quality assurance contractor must document in advance what measures must be taken to ensure that your building plan ultimately complies with the rules;
The quality assurance contractor must prepare an assurance plan in which he defines the risk assessment and control measures. He must also specify the quality instrument he is working with.

With this assurance plan, you, or your architect/building consultant/contractor, submit a construction notification to the municipality via the new Omgevingsloket. Here you must also indicate which quality assurance company you have contracted. This building notification must be submitted to the municipality no later than 4 weeks before you intend to build. If the notification is approved, you will receive a confirmation.

Once the permit is granted and the notification is approved, you may start building.

Special local conditions

When building under quality assurance, specific local conditions or risks should be included as a starting point for the risk assessment and assurance plan. The municipality requires the quality assurance contractor to pay express attention to this. Here you can read more about the special local circumstances in the municipality of Tytsjerksteradiel, which may play a role in your project:

Groundwater protection area (Noardburgum - Garyp)

The areas below lie in a groundwater protection area. The Environmental Ordinance of the Province of Fryslân includes rules regarding groundwater protection areas. Examples include groundwater withdrawals, soil energy systems, geothermal heat, boreholes, earthworks and construction works. Because of this, there may be specific circumstances that affect the building plan, in the construction feasibility. Include this in the risk assessment.

Ground heat interference zone

Soil energy systems placed a short distance apart may affect the temperature of the subsurface at the "neighboring" systems. As a result, soil energy systems placed at a short distance from each other (+/-150 m) can influence each other positively or negatively. A map of all registered soil energy systems can be found at www.wkotool.nl.

Carrying capacity of soil

Through probing, you conduct your own investigation into the bearing capacity of the soil. This research may show that:

There is a need to dig deeper. Then take into account the groundwater protection area and its rules (see above).
You must perform excavation work in an archaeologically valuable area. The zoning plan includes rules for this. If archaeological values are found, the structure may have to be founded in a different way. Include this in the local risk assessment.

For any additional data, contact the Dinoloket or the Soil Counter.

Building near monument/construction building

For construction work near a monument or a dilapidated building or a building that is poorly founded, additional measures that reduce the risk of vibration damage must be taken in advance.

Air traffic

For construction work in the vicinity of glider airfields or approach routes, additional construction measures must be taken. The environmental plan includes rules about this. In the outlying area, this is listed as: 'Air Traffic'. At the location of the 'air traffic' designation, restrictions apply to building in connection with the presence of a glider airfield or aircraft approach routes for safety reasons.

High-voltage pylons

Additional construction measures must be taken when construction work is carried out in the vicinity of a high-voltage pylon. The environmental plan includes rules about this.

In principle, no sensitive objects may be built there. A derogation can be granted with an environmental permit under certain conditions, for which advice must be obtained from the pipeline manager.

Noise, facade and soundproofing

The Environmental Plan may include rules for noise levels at the facade. We refer to the current Environmental Plan.

Preparation decisions

In the municipality there may be planning preparatory decisions that can have consequences in the area of construction. When these are in force, they will be visible in the environment counter (with the environment plan).

During construction

During construction, the quality assurance contractor checks the construction work. Your contractor must keep records during construction that record exactly what he is building and that demonstrate compliance with the rules and the assurance plan. The quality assurance officer and the contractor must make sure that any errors are corrected during construction.

Report ready

If your building plan is ready and complies with all the rules, the quality assurance contractor will prepare a statement. You must send this statement along with the contractor's file (including drawings and calculations of the structure, uses, materials used, manuals and maintenance guidelines for installations/equipment, etc.) to the municipality as a finished report. After 10 working days, you may start using your structure.

Learn more

Environment Information Point

Questions and answers about the Wkb

We have listed the frequently asked questions about the Wkb for you.

Is it easier to secure quality under Wkb with prefabricated construction?

Each property must have its own assurance plan. We cannot say in advance that it will be simpler. It will have to be seen based on experience and evaluation whether it can be simplified.

Do private builders (self-builders) and small contractors also have to comply with the Wkb?

Private individuals and small contractors must also comply with the Wkb.

Is it feasible for small contractors to comply with this new legislation?

The Wkb represents a major change for contractors. The change will be phased in, though, starting with new construction. Working according to the new method will take some getting used to in the beginning.

Can you still deliver airframe?

You have to meet the minimum requirements. So for example, a bathroom must have a watertight finish.

Who can be quality assurance professionals?

As a quality assurance professional, you must have sufficient knowledge and be certified. The quality assurance contractor is tested by an independent testing organization.

How do I know if a quality assurance or assurance tool is approved?

You can check this in the register of the Building Quality Assurance Authorization Organization (TloKB).

What does the Building Quality Assurance Authorization Organization (TloKB) do?

The Building Quality Assurance Authorization Organization (TloKB) is an independent administrative body without legal personality and is part of the legal person State. The Minister of Housing and Spatial Planning is responsible for adequate supervision of the TloKB. The TloKB has three main tasks in quality assurance for construction, in recognized quality declarations for building products and in certified work on gas combustion plants. More information can be found on the TloKB website .

Are there enough quality assurers?

The central government has decided that initially only new construction will be covered by the Wkb and not remodeling. The intention is to decide after an evaluation in 2024 whether the Wkb will also apply to remodeling as of January 1, 2025 or at a later date. The central government assumes that there are enough quality assurance companies for new construction. The number of quality assurance companies is increasing.

How is independence demonstrated between client and quality assurance provider?

Among other things, the admission organization checks for independence.

When does quality assurance start?

On construction notification.

What should/should not be recorded by the quality assurance contractor?

The risk matrix (with colors red, yellow, green) indicates for each type of building which items should be checked and how. These risk matrices are prescribed by the central government. The quality assurance contractor uses a so-called Wkb instrument, a method approved by the central government. With this Wkb instrument, the quality assurance agency records all the necessary information.

Who assesses structural safety?

You must provide your own structural calculation to ensure that the building meets the building requirements or have this done by a qualified structural engineer. For a structure in consequence class 1, the quality assurance agency assesses the structural safety. For structures in consequence class 2 and 3, the municipality assesses this.

What happens once the structure is finished?

The quality assurance contractor checks and if everything is correct, the quality assurance contractor makes a notification of completion to the municipality at least two weeks before occupation. If the municipality does not respond within two weeks, the structure can be put into use. If in the meantime the municipality does have comments, it cannot yet be put into use.

What if things don't go well?

The quality assurance officer does the testing; if he observes any risks, he addresses them with the contractor. If the contractor does not solve it, the quality assurance officer reports it to the competent authority. The competent authority can then start enforcement.

If a structure in consequence class 1 does not meet building code requirements, what then?

Then the quality assurance agency cannot issue a notification of completion and, in principle, the building cannot be put into use. The quality assurance officer will first report this to the initiator/builder. If the technical requirements are still not met after a warning, the quality assurance officer will report this to the municipality on the basis of his duty to provide information (see Article 3.27, paragraph 1, Environmental Quality Requirements Decree). Based on the enforcement policy and the risks for putting the structure into use, the municipality assesses whether adjustments must be made in order to meet the technical requirements. In doing so, it weighs up all interests.

If a commission to build a home is performed using subcontractors, what does this mean for quality assurance?

The quality assurance officer assesses the entire construction process, including that part performed by a subcontractor. Here it is very important to properly coordinate the entire construction process from beginning to end. This prevents a failure to report completion when the structure is completed, because the structure does not meet the building requirements.

Can the quality assurance companies deliver on time? The municipality works to legal deadlines, but the quality assurance company does not have them.

Indeed, the quality assurance company does not work to deadlines, but the expectation is that they will work quickly. If they work too slowly, they will get a bad name and builders will switch to competitors.

When should I submit the notification for consequence class 1 and how?

The notification must be submitted to the competent authority 4 weeks before construction starts. This is the Municipal Executive of the municipality where the structure will be built. You can submit the notification on a specially designed form via the Omgevingsloket. With the notification you must indicate which approved quality assurance agency will check the structure to be built for the technical building requirements and which approved instrument he will use for this purpose. An assurance plan and risk analysis must also be submitted with the notification. This will indicate how any risks will be secured.

How long does the assessment of the assurance plan take?

Within 4 weeks before start of construction, the notification start of construction with the assurance plan must be submitted. We will respond within these 4 weeks whether the notification is approved. A response is not required by law (based on the principle that no message is a good message). Because the process is new, we have decided to give a reaction, even if the notification is approved.

Do I need any other permits?

In addition to making a notification for the technical building activity, an environmental permit for the environmental plan activity "building" must be requested through the Omgevingsloket. It is wise to apply for this permit first, so that you can be sure that the structure may be built as you intend. After this permit is granted, you can file a notification. Other permits may also be required.

Are there any exceptions where a permit requirement does remain in place for the technical construction activity?

For structures in consequence class 2 and 3, the permit requirement will still apply. In addition, for monuments in consequence class 1, the permit requirement will continue to apply and if an equivalent solution has been applied for structural safety or fire safety in the structure to be built in consequence class 1. In addition, for the time being - at least until January 1, 2025 - the permit requirement will continue to apply for conversion of structures.

Are costs rising now that the municipality no longer oversees but leaves quality assurance to the market?

Fees are no longer payable for submitting the report. However, the costs of the quality assurance officer must be paid by the client. However, it is expected that the costs will now be higher than the fees previously paid by the municipality.

The municipalities know the fees. To what extent may the quality assurance company set its own fees?

The quality assurance company sets its own prices (market forces).

Now under the Wkb, will everything become more complicated and slower?

In the beginning everyone will have to get used to it which may make it a little slower. Over time it will speed up again.

Is it more complicated for the smaller contractors?

Small contractors will be less accustomed to having an auditor watching. Larger contractors often have a standard quality officer on staff to watch and record matters. In all cases, the municipality used to supervise. Now a quality assurance officer does that. In that sense nothing has changed.

Where are the biggest risks?

A change in the Civil Code reduces the client's risk. It is possible not to pay the last 5% of the contract sum to the contractor yet if everything is not ready. The contractor is responsible and will have to prove that the construction work complies. Previously, the burden of proof was on the client to prove that something does not comply.

For more information, see the central government leaflet on The Building Quality Assurance Act Changes to the Civil Code in Practice.

Isn't evaluating after six months too soon? By then the first homes built under the WKB will not have been completed.

The central government will evaluate after six months. They will then see if they can draw sufficient conclusions.

Where can I find more information about the rules for building a structure?

You can find more information on the following websites: