8. Permitting the use of completed works. Warranty periods
Completed works or parts thereof can only be used after having been put into operation in the manner prescribed by the TDA.
Projects of categories I to III are put into operation on the basis of a permit for operation issued by NCSD following the procedure established in Ordinance No. 2. For the purpose of its issuance, a special committee is appointed by the Director of NCSD upon request of the investor, supplemented with: (i) the final report of the supervisor; (ii) the major acts and protocols signed during the construction; (iii) certificate of registration of the works in the Cadastral Agency; (iv) signed contracts with the utility companies for connecting the completed works to the technical infrastructure networks. All costs related to the committee’s work are borne by the investor.
The committee includes the investor, the supervisor, representatives of NCSD and the special supervisory authorities. The chairman of the committee is entitled to appoint other persons involved in the construction process. Upon inspection of the completed works and the relevant documents, the committee issues Protocol 16 for accepting or rejecting the works (the so called “Act 16”). Based on it, the Director of NCSD issues the permit for operation and/or occupancy. The legislative term for completing the procedure, is about 40 business days.
The procedure for projects in categories IV and V is simplified and involves just a desktop review of the documents for the construction and their registration for commencement of operation. It is performed by the chief architect of the municipality, and ends with the issuance of a certificate that permits operation and/or occupancy, which as per TDA should be done within 7 days after all necessary documents have been submitted by the investor.
Projects of VI category can be used without issuance of permit for operation, respectively – certificate for operation.
The contractor remains responsible for the works executed by him for a specified period after putting into operation. The minimum warranty periods are prescribed by the law and vary from 3 to 10 years, depending on the type of work. The warranty period for street repair works is usually 1 year. Longer periods can be determined contractually.