Who is responsible under the Quality Assurance Act (WKB)?

The division of roles under the Quality Assurance Act is changing. But what about that exactly? Who has what responsibility? And how can you fill that in?

Quality Assurance Act? WKB?

With the introduction of the Building Quality Assurance Act (Wkb) in the Netherlands on Jan. 1, 2024, the responsibility for complying with the new Environment Act (Building Code) has shifted to the client and contractor. The obligation to document and demonstrate compliance with the principles of the Environment Act/BBL is thus also on the commissioning and implementing side.

Clients are required to appoint a quality assurance officer, who ensures that in various phases of the realization of the construction work aan all quality requirements are met. The contractor is required to provide the documentation prescribed in the assurance plan. The change in the Environment Act puts more responsibility on the contractor and less on the client.

Does the WKB apply to me now?

Currently, commercial real estate, commercial buildings, offices and stores are largely not yet covered by the Quality Assurance Act (WKB). But this does come and it is good to be prepared for it. It is possible, however, that a project that starts the design phase now will soon fall under the WKB. And then it gives certainty and comfort that the project is prepared for the WKB.

Roles and responsibilities

In this, there are two roles: the legal quality assurance officer who reviews the supplied file, and the internal quality assurance officer who creates the file for the legal quality assurance officer. NewArmstrong has an in-house qualifier to compile dossier.

In order to streamline the process and ensure that the processes surrounding the Quality Assurance Act do not negatively impact the completion and opening date, as a client you want different roles within this process to be taken up in collaboration.
Without anything falling between the cracks. After all, as a client, you want your store or office to be allowed to occupy on time.

NewArmstrong can take an integrated approach to a project that is tested under the WKB, including quality assurance.

• Our project manager can handle the application, construction notification and completion notification for the client.
• Our architects are responsible for the spatial design and technical elaboration of the building plan. That is where the responsibility lies whether the design complies with laws and regulations.
• In order to then properly submit the file to the legal Quality Assurer, our internal Quality Assurer can compile the file in collaboration with the architect (an internal or external architect) and the contractor. Then NewArmstrongj can already assess its compliance and thus enable commissioning.
• The test of the Statutory Quality Assessor is then only the formal test, not the substantive test.

The chart below shows the division of roles in this process and where NewArmstrong can play a role. This fulfills all duties and responsibilities for the principal.

How is responsibility intended?

• Independent quality assurance officers check that a building meets the legal technical requirements. They do this during design and at the construction site. These auditors are called quality assurance officers. In this, the Internal Quality Assessor is the one who compiles the file. The Statutory Quality Assessor is the tests that give final approval.
• The contractor is responsible for the consequences of all construction defects caused by himself. If there are defects, then the client can force the contractor to fix the errors. Even if the customer does not discover these errors until later.
• The contractor must let the customer know whether and how he has insured against bankruptcy and risks of damage and defects.
• Customers, as in the current situation, can park 5% of the construction amount (contract price) at the notary. Now this amount automatically goes to the contractor when the building is finished. After the introduction of the Wkb, the notary will pay the money to the contractor when the client states that all defects have been remedied.
• If the quality assurance contractor or the municipality sees a problem, the municipality can stop construction.