Quality Assurance for Building Act (Wkb)

The Quality Assurance for Construction Act (Wkb) came into effect on January 1, 2024. This law, also known as the Quality Assurance Act, shifts the assessment of building technical requirements from the municipality to an independent party, the so-called quality assurer. This does not immediately apply to all construction projects, but will be implemented in phases.

Are you submitting an environmental permit application after January 1, 2024? Then this new law may have consequences for you. To ensure that you submit the correct applications to the municipality for your construction or renovation plans, we advise you to read through the steps below. The steps are also explained in the video below.

Steps

Step 1

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

Step 2

Do you want to apply for an environmental permit? First, check whether you need an environmental permit to realize your building plan. You can do this via the new Omgevingsloket (Environment Desk). In this portal, you can check whether your plan requires a permit and under which consequence class of the 'Quality Assurance for Building Act' your building plan falls.

Step 3

If your plan requires a permit and does not fall under consequence class 1 of the 'Quality Assurance for Construction Act', it is sufficient to submit a permit application. This application must, of course, meet the submission requirements. You add all the necessary documents to be able to assess your plan against the regulations. You can do this via the new Environment Desk.

Step 4

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

Pay close attention to which parts of your building plan require a permit application, the rules your permit application will be assessed against, and the information you need to submit.

What are the rules for the building notification?

  • Before you can start building, you must engage/contract an independent quality controller. Go to the website of the Toelatingsorganisatie Kwaliteitsborging Bouw for more information.
  • Your quality controller must first assess whether your building plan complies with the technical regulations.
  • Your quality controller must first determine what the risks are.
  • Your quality controller must first determine which measures must be taken to ensure that your building plan ultimately complies with the rules.
  • The quality assurer must draw up an assurance plan in which they record the risk assessment and control measures. They must also indicate which quality instrument they are working with.

You, or your architect/building advisor/contractor, must submit a building notification to the municipality via the new Omgevingsloket using this assurance plan. You must also indicate which quality controller you have contracted. This building notification must be submitted to the municipality no later than 4 weeks before you want to start building. If the notification is approved, you will receive a confirmation.

If the permit has been granted and the notification has been approved, you may start building.

Special local circumstances

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

Groundwater protection area (Noardburgum – Garyp)

The areas below are located in a groundwater protection area. The Environmental Regulation of the Province of Fryslân contains rules regarding Groundwater Protection Areas. This includes, for example, groundwater extraction, soil energy systems, geothermal energy, boreholes, soil disturbances, and constructions. This may result in specific circumstances that affect the construction plan in terms of technical feasibility. Please include this in the risk assessment.

Ground heat interference zone

Ground source energy systems that are placed close to each other can influence the temperature of the subsurface at the 'neighboring systems'. As a result, ground source energy systems that are placed close to each other (+/-150 m) can positively or negatively influence each other. A map of all registered ground source energy systems can be found via www.wkotool.nl.

Load-bearing capacity of the soil

You can investigate the load-bearing capacity of the soil yourself via cone penetration testing. This investigation may show that:

  • Deeper digging is required. Please take into account the groundwater protection area and the applicable rules (see below).
  • You need to carry out excavation work in an archaeologically valuable area. The zoning plan contains rules for this. If archaeological artifacts are found, the building may need to be founded in a different way. Include this in the local risk assessment.

For any additional information, please contact the Dinoloket or the Bodemloket (Soil Desk).

Building near a monument/dilapidated building

In the event of construction work near a monument, a dilapidated building, or a building with poor foundations, extra measures must be taken in advance to reduce the risk of damage caused by vibrations.

Air traffic

When building work is carried out near glider sites or approach routes, extra structural measures must be taken. The zoning plan contains rules about this. In rural areas, this is referred to as 'Air Traffic'. In the location indicated as 'air traffic', restrictions apply to construction due to the presence of a glider site or aircraft approach routes, in the interest of safety.

High-voltage pylons

When building work is carried out near a high-voltage mast, extra structural measures must be taken. The zoning plan contains rules about this.

In principle, no sensitive objects may be built there. Under certain conditions, an environmental permit may be granted, for which advice must be obtained from the grid operator.

Noise, facade and sound insulation

The Environmental Plan may include rules for the noise load on the facade. We refer to the applicable Environmental Plan.

Preparation decisions

In the municipality, zoning plans may be adopted that could have consequences in terms of building regulations. When these are in effect, they will be visible in the Omgevingsloket (Environment Desk) (in the zoning plan).

During construction

During construction, the quality controller checks the construction work. Your contractor must keep a file during construction in which he records exactly what he is building and with which he demonstrates that he complies with the rules and the assurance plan. The quality controller and the contractor must ensure that any errors are corrected during construction.

Report as completed

If your building plan is ready and meets all the rules, the quality controller will draw up a statement. You must send this statement, together with the contractor's file (including drawings and calculations of the building, user functions, materials used, manuals and maintenance guidelines for installations/equipment, etc.) to the municipality as a completion notification. After 10 working days, you may use your building.

More information

Questions and answers about the Quality Assurance Act (Wkb)

We have listed the frequently asked questions about the Quality Assurance for Construction Act (Wkb) for you. 

Is it easier to guarantee quality with prefabricated construction under the Wkb?

Every home must have its own security plan. We cannot say in advance that it is simpler. It will have to become clear 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 (Quality Assurance Act for Building) Act?

Private individuals and small contractors must also comply with the Wkb (Quality Assurance Act for Construction). 

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

The Quality Assurance for Construction Act (Wkb) represents a major change for contractors. The change will be introduced in phases, starting with new construction. It will take some getting used to working according to the new method at first.  

Can you still deliver the basic structure?

You must meet the minimum requirements. For example, a bathroom must have waterproof finishing.  

Who can be quality controllers?

As a quality controller, you must have sufficient knowledge and be certified. The quality controller is assessed by an independent assessment organization.  

How do I know if a quality controller or assurance instrument has been approved?

You can check this in the register of the Accreditation Organisation for Quality Assurance in Construction (TloKB).

What does the Building Quality Assurance Admissions Organisation (TloKB) do?

The Accreditation Body for Quality Assurance in Construction (TloKB) is an independent administrative body without legal personality and is part of the legal entity State. The Minister for Housing and Spatial Planning is responsible for adequate supervision of the TloKB. The TloKB has three main tasks in quality assurance for construction, for recognized quality declarations for construction products and for certified work on gas combustion installations. More information about this can be found on the website of the TloKB.

Are there enough quality controllers?

The national government has decided that initially only new construction will fall under the Building Quality Act (Wkb), and not renovations. The intention is to decide after an evaluation in 2024 whether the Wkb will also apply to renovations from 1 January 2025 or at a later date. The national government assumes that there are enough quality controllers for the new construction. The number of quality controllers is increasing steadily.  

How is the independence demonstrated between the client and the quality assurer?

The accreditation organization checks, among other things, for independence. 

When does the quality supervisor start?

With the building notification.

What should/shouldn't be recorded by the quality controller?

The risk matrix (with colors red, yellow, green) indicates for each type of building which items must be checked and in what way. These risk matrices are prescribed by the national government. The quality controller uses a so-called Wkb instrument, a method that has been approved by the national government. The quality controller records all necessary information with this Wkb instrument. 

Who assesses the structural safety?

You must ensure that the structural calculation demonstrates that the building meets the building technical requirements, or have this carried out by a qualified structural engineer. For a building in consequence class 1, the quality controller assesses the structural safety. For a building in consequence class 2 and 3, the municipality assesses this. 

What happens as soon as the building is finished?

The quality assurer carries out the inspection, and if everything is correct, the quality assurer submits a completion notification to the municipality, at least two weeks before commissioning. If the municipality does not respond within two weeks, the building can be put into use. If the municipality does have comments in the meantime, it cannot yet be put into use.  

What if things don't go well?

The quality assurer performs the assessment, and if they observe risks, they address the contractor about them. If the contractor does not resolve the issue, the quality assurer reports it to the competent authority, who can then take enforcement action. 

What happens if a structure in consequence class 1 does not meet the building regulations?

In that case, the quality supervisor cannot issue a completion notice, and the building cannot be used in principle. The quality supervisor will first report this to the client/builder. If the technical requirements are still not met after a warning, the quality supervisor will report this to the municipality based on their duty to provide information (see Article 3.27, paragraph 1 of the Quality Requirements Living Environment Decree). The municipality will assess whether adjustments need to be made to meet the technical requirements, based on the enforcement policy and the risks associated with the building's use. In doing so, they will consider all interests. 

If a contract for the construction of a house is carried out using subcontractors, what does this mean for quality assurance?

The quality assurer assesses the entire construction process, including the part carried out by a subcontractor. It is very important to coordinate the entire construction process well from start to finish. This prevents the completion notification from being rejected because the building does not meet the building technical requirements. 

Can the quality controllers deliver on time? The municipality works according to legal deadlines, but the quality controller does not.

The quality assurer does not work according to deadlines, but the expectation is that they will work quickly. If they work too slowly, they will get a bad reputation and builders will switch to the competition.  

When and how do I need to submit the notification for consequence class 1?

The notification must be submitted to the competent authority 4 weeks before the start of construction. This is the board of mayor and aldermen of the municipality where the building will be built. You can submit the notification on a special form via the Omgevingsloket (Environmental Portal). With the notification, you must indicate which approved quality controller will check the building to be built for the technical building requirements and which approved instrument he will use for this. A security plan and a risk analysis must also be submitted with the notification. This indicates how any risks are secured. 

How long does the assessment of the assurance plan take?

The start of construction notification, including the assurance plan, must be submitted within 4 weeks before construction begins. We will respond within these 4 weeks to confirm whether the notification is approved. A response is not legally required (based on the principle that no news is good news). However, because the process is new, we have decided to provide a response, even if the notification is approved. 

Do I need more permits?

In addition to submitting a notification for the technical building activity, an environmental permit for the environmental plan activity 'building' must be applied for via the Omgevingsloket. It is wise to apply for this permit first, so that you can be sure that the structure can be built as you intend. After this permit has been granted, you can submit a notification. In addition, other permits may also be required. 

Are there any exceptions where a permit requirement still applies to the technical building activity?

A permit requirement still applies to structures in consequence classes 2 and 3. In addition, the permit requirement remains in effect for monuments in consequence class 1, and when an equivalent solution has been applied to the structural safety or fire safety of the structure to be built in consequence class 1. Furthermore, the permit requirement will remain in effect for renovations of structures, at least until January 1, 2025. 

Are costs rising now that the municipality no longer supervises but quality assurance is left to the market?

No fees are due for submitting the notification. However, the costs of the quality controller must be paid by the client. It is expected that the costs will now be higher than the municipality's fees were previously. 

The fees are known at the municipalities. To what extent can the quality controller determine his rates himself?

The quality assurer determines their own prices (market forces). 

Will the Wkb make everything more complicated and slower now?

In the beginning, it will take some getting used to for everyone, which may slow things down a bit. Over time, it will speed up again.  

Is it more complicated for smaller contractors?

Small contractors may be less accustomed to having a supervisor overseeing their work. Larger contractors often have a quality employee on staff who monitors and documents things as standard practice. Previously, the municipality was always responsible for supervision in all cases. Now, a quality assurer does that. In that sense, nothing has changed.

Where are the biggest risks?

The client has less risk due to a change in the Civil Code. It is possible not to pay the contractor the last 5% of the contract sum if everything is not yet ready. The contractor is responsible and will have to prove that the construction meets the requirements. Previously, the burden of proof was on the client to prove that something did not meet the requirements.

For more information, see the central government's brochure on the Quality Assurance for Construction Act: Amendments to the Civil Code in practice.

Is evaluating after six months too soon? The first homes built under the WKB will not have been completed by then.

The national government will conduct an evaluation 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: