REGULATION of 14 June 1994 on the taking-over of constructions and related installation works*

*) Setting up machinery, equipment and technological installation works are not subject of this
regulation.

CHAPTER 1: General provisions

Art. 1

The taking-over represents a component of the quality system in construction works and it is the
document whereby the Employer states that he approves and is being handed over the works with or
without reservations and that the works are open for use.

Art. 2

For the purpose of this Regulation, the Employer is the natural or juridical person who concludes the
contract for the execution of construction works, who aims for its performance and who takes over the
works.

The Constructor is the party who performs the works or its legal representative when the works are
made by way of an association.

Art. 3

The taking-over of the construction works of any category and related installation works is performed
for new works, as well as when intervening on already existing structures (general repairs,
consolidations, modifications, upgrades, extensions etc.) and it is made in two steps:

- the taking-over after the completion of works;

- the final taking-over after the expiry of the warranty period.

Art. 4

For the construction works and related installations works, regardless of the funding source, the form of
ownership or destination, the taking-overs will be organized by Authorizing Officers or owners who, for
the purpose of this Regulation, qualify as Employers.

Art. 5

The taking-over can be made by mutual agreement between the parties or, when the parties are unable
to reach an agreement for solving the misunderstandings occurred when concluding the taking-over
protocol, they can address the competent national court.

CHAPTER 2: Taking-over after the completion of works

Art. 6

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The Constructor shall communicate to the Employer the completion date of all works specified in the
contract through a written document confirmed by the Employer. A copy of the communication shall be
transmitted by the Constructor to the representative of the Employer on the site.

Within 3 days of receipt of the communication referred to in para. 1, the Employer shall notify the State
Inspectorate for Constructions – S.I.C. in order to designate its representative to be part of the taking-
over commission.

The State Inspectorate for Constructions – S.I.C. shall communicate, in case of participation, the
designation of its representative in the taking-over commission within 3 days of receipt of the
notification.

Art. 7

(1) The taking-over commissions for constructions and related installation works shall be appointed by
the Employer and shall consist of at least 5 members. Of these, there must be: a representative of the
Employer and a representative of the local public administration on whose territory the structure is
located; the others will be specialists in this field, one of whom can represent the State Inspectorate for
Constructions – S.I.C.

(2) For highly important buildings, considering the degree of risk in terms of safety, the destination, the
usage, the complexity and the volume of works subject to the taking-over, the taking-over commissions
shall consist of at least 7 members, at least 5 of whom being specialists, one of which is the
representative of the State Inspectorate for Constructions – S.I.C.

(2¹) For the investment objectives mentioned in para. 2, partially or wholly financed from the state
budget, including by use of external debt, and for whose approval of the technical economical
documentation the Government was granted competence, a representative – who neither qualifies as
an Employer, nor is subrogated to his rights – shall be appointed by the Authorizing Officer to the taking-
over commissions of constructions and related installation works.

The taking-over commissions for housing units having ground floor, ground and first floor and the
cornice height not exceeding 8 meters, with no more than 4 apartments, with a total surface not
exceeding 150 sq., for their household annexes and for temporary structures shall consist of 2 members:
the Employer or the owner and the representative of the local public administration.

Art. 8

(1) The Employer shall schedule the taking-over within 15 days from the notification of completion of
works and shall communicate the established date to:

a) the members of the taking-over commission;

b) the Constructor;
c) the Designer.

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(2) The representatives of the Constructor and the Designer cannot be part of the taking-over
commission, being qualified as guests.

(2¹) For the investment objectives financed from public funds, as well as for the investment objectives
consisting of structures classified as A – highly important and B – particularly important, regardless of
their funding sources, the presence of representatives of the State Inspectorate for Constructions – S.I.C.
as members of the taking-over commissions is mandatory.

(2²) For the investment objectives included in governmental programs and partially or wholly financed
from sources of the state budget, including by use of external debt, which do not fit on the provisions of
art. 7 para. 2¹, requiring the presence of the representative of the Authorizing Officer as guests is
mandatory.

(3) For the military objectives set by order of the Minister of National Defence, the Minister of Internal
Affairs and the Director of the Romanian Intelligence Service, the taking-over commission shall be
appointed by their own bodies.

Art. 9

The Designer, as author of the construction project, shall prepare and submit to the taking-over
commission his point of view regarding the execution of the construction.

Art. 10

For the taking-over of buildings with a height of over 28 m, with crowded halls, with a capacity for more
than 150 people, of hotels, hospitals, nurseries and nursing homes or other facilities for people who
cannot evacuate themselves, the Employers must appoint a person indicated by the territorial
inspections within the fire brigade Command as a member of the taking-over commissions who will be
requested in writing by the Employer.

The name of the person indicated by the territorial inspections of the fire brigade Command shall be
communicated in writing to the Employer, between the date of receipt of the request until the taking-
over commission’s meeting.

The taking-over protocol shall register the execution of the measures stipulated in the execution
documentation from the point of view of preventing and firefighting, without which the taking-over will
not be accepted.

Art. 11

For the taking-over of structures enlisted as historic monuments, the Employers must appoint a person
indicated by the regional commissions for historic monuments, buildings and sites to the taking-over
commissions.

Art. 12

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If, following the communication, the Employer does not set a date for the taking-over of the works
within the deadline mentioned in art. 8 or if at the date set he does not come in person at the place of
taking-over or does not send a proxy, the Constructor shall renew the request for setting a new date for
the taking-over under the terms of art. 8.

If, by the time the second date expires, the Employer has not held the taking-over or if the taking-over
commission has not come in person or by legal proxy at the date set, the Constructor shall set the date
of taking-over within 12 calendar days from the expiry of the second date. The Constructor shall
promptly communicate to the Employer the date that he has set. If the Employer, through the taking-
over commission, shall not come at the date set and he has not established another date for the taking-
over before the expiry of the date set, the Constructor shall notify in writing the latest date of the
taking-over commission meeting to the Employer.

The Constructor shall specify, however, in the notification that the Employer is liable for all damages
caused for not convening the taking-over commission.

Art. 13

The taking-over commission shall meet on the date, time and place set and their president, appointed
by the Employer, shall set the program according to which the taking-over shall take place.

The taking-over commission can only function in the presence of at least 2/3 of its appointed members.
The decisions of the commission shall be taken by simple majority.

If the members of the commission do not gather in its entirety, the president can set a new date – for
the categories of works for which the commission members did not show up – for the taking-over to
take place, which shall not exceed 4 working days from the initial date.

In order to perform the taking-over in good conditions, the Employer must provide the execution
documentation, as well as the required documents and explanations to the taking-over commission.

Art. 14

(1) The taking-over commission must examine:

a) the compliance with the provisions of the construction permit, as well as with notices and execution
conditions, imposed by the competent authorities;

b) the execution of the works in accordance with the provisions of the contract, of the execution
documentation and of the specific regulations with compliance with the essential requirements,
according to law;

c) the presentation report compiled by the Designer on how the work was executed. The Employer shall
pursue this activity to be included in the Design contract;

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d) the completion of all works specified in the contract concluded between the Employer and the
Constructor and in the documentation annex to the contract;

In cases of doubt on the certificates from the technical book documents of the construction, the
commission may request for expertise, other documents, additional experiments, samples and other
tests;

e) the declared value of the investment.

f) the supporting documents from the State Inspectorate for Constructions – S.I.C. certifying that the
payments have been confirmed and that the Employer made the proof of payment for the 0.1% of the
shares, according to art. 30 para. 1 of Law no. 50/1991 on authorizing the execution of construction
works, republished, as subsequently amended and supplemented, as well as for the 0.70 % shares,
according to art. 40 para. 1 of Law no. 10/1995 on the quality in construction works, as subsequently
amended.

(2) The examination shall in all cases consist of the visual examination of the structure and of analysing
the documents contained in the technical book of the structure.

Art. 15

On completion of the examination, the commission shall register the observations and the conclusions
in the taking-over protocol, which must comprise the declared value of the investment – the model
shown in Annex no. 1 of the Regulation – and shall submit it within 3 working days to the Employer,
together with the recommendation of admission of the taking-over, with or without reservations, of
postponement or of rejection.

Art. 16

The taking-over commission recommends the admission of the taking-over if there are no reservations
or if those that have been registered make it possible to use the construction work as intended.

Art. 17

The taking-over commission recommends the postponement of the taking-over when:

-there are works missing or being unfinished, affecting the safety of the structure regarding the essential
requirements;

- the structure shows vices whose remedy is lengthy and, if they wouldn’t be fixed, they would
significantly diminish the utility of the work;

- there are justifiable doubts regarding the quality of the works and attempts of any nature are needed
in order to clarify them;

- the supporting documents referred to in art. 14 para. 1 letter f) of this Regulation have not been
submitted.

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Art. 18

The taking-over commission recommends the rejection of the taking-over if they will find vices which
cannot be removed and which by nature they involve achieving one or more essential requirements, in
which case expertise, redesigns, restoration of works etc. are required.

Art. 19

The absence of the Constructor during the taking-over shall not constitute a ground for postponement
and / or cancellation of the taking-over. Should the Constructor not show up for the taking-over, the
Employer may seek assistance of a neutral certified technical expert for the taking-over who shall
register, aside from the protocol, the facts ascertained.

Art. 20

The absence of certain people or summoned representatives shall be registered in the taking-over
protocol.

Art. 21

The president of the taking-over commission shall present the taking-over protocol to the Employer,
together with the comments made by the participants and with the recommendation of the
commission. Based on the taking-over protocol, the Employer shall decide on the admission, the
postponement or the rejection of the taking-over and shall notify its decision within 3 working days to
the Constructor, together with a copy of the protocol.

Art. 22

Should the admission of the taking-over be made with reservations, the taking-over protocol will
expressly indicate those shortcomings that must be addressed. The corrective terms shall be agreed
upon with the Constructor, but they shall not usually exceed 90 calendar days following the date of
taking-over if, due to climatic conditions, another term does not need be fixed.

Art. 23

If the Constructor does not fulfil his obligations under art. 22 after the expiry of the mutually agreed
corrective term, the Employer shall summon the Constructor in this regard and if the Constructor does
not comply with the summons, the Employer is entitled to perform the corrections at the expense and
risk of the Constructor at fault and to request compensation for the damages caused.

Art. 24

The refusal of the Constructor to sign the taking-over protocol shall be registered within.

Art. 25

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After performing the corrections, the Constructor shall request in writing to the Employer the
cancellation of the reservations. If, within 30 calendar days after the Constructor’s request, the
Employer does not cancel the reservations, the dispute shall be referred to arbitration if such a clause
was stipulated in the contract and, in case of disagreement, an action can be brought before the
competent national court.

Art. 26

The date of the taking-over is the one in which the taking-over protocol is concluded by the commission,
with or without reservations.

Art. 27

The Constructor has 20 calendar days at his disposal after receiving the taking-over protocol, the
postponement or the rejection of the taking-over in order to ascertain the reservations or the rejection.
The dispute shall be settled by arbitration, if this alternative dispute resolution mechanism was
stipulated in the contract, or by action brought in front of the competent national court.

Art. 28

The Employer takes over the works on the date specified in art. 26, except for the case in which the
taking-over of the works is postponed or rejected.

Art. 29

If the Employer has exceeded the deadline of 30 days specified in art. 25, without agreeing with the
Constructor on the extension of this term, the dispute shall be referred to arbitration, then it shall be
brought in front of the national court.

Art. 30

After the Employer admits the taking-over with or without reservations, he can no longer make other
requests for the correction of works, penalties, decreases of value and other issues than those
registered in the taking-over protocol, except for the hidden vices discovered within the term set by law.

Art. 31

Should the Employer request the processing of a part of the work before the completion of the whole
work stipulated in the contract, a handover protocol shall be concluded between the Constructor and
the Employer, in which there shall be registered: the status of the part of the work, the conservation
measures, as well as the mutual protection measures of the two parties for performing activities. All the
risks and dangers for the temporarily taken over part pass on the Employer, except for the hidden vices
and the ones arising from improper performance.

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The handover protocol concluded under these conditions is not a taking-over protocol for that part of
the work, but the Employer may request the registration in the taking-over protocol, concluded after the
completion of the works, of the vices found at the handing over and registered in that protocol.

For the part of the work taken over by the Employer, the warranty period for the vices not related to
construction safety begins at the end of the completion of the corrections.

CHAPTER 3: Final taking-over

Art. 32

The final taking-over shall be convened by the Employer within 15 days after the expiry of the warranty
period. The warranty period is the one stipulated in the contract.

Art. 33

The final taking-over shall be attended by:

a) the Employer;

b) the taking-over commission appointed by the Employer;

c) the Designer;

d) the Constructor.

Art. 34

The final taking-over shall meet at the date, hour and place set and shall examine the following:

a) the taking-over protocols for the completion of works;

b) the completion of works required by “the taking-over after the completion of works”

c) the report of the Employer regarding the constructions and the related installation works in operation
during the warranty period, including references to vices and their correction.

Art. 35

The taking-over commission may request, in duly justified cases and / or in case of vices, the
performance of experiments and expertise.

Art. 36

After the taking-over, the final taking-over commission shall register their comments and conclusions in
the final taking-over protocol – the model shown in Annex no. 2 of the Regulation – which they shall
submit to the Employer within 3 working days together with the recommendation of admission of the
taking-over, with or without reservations, of postponement or rejection.

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Art. 37

Should the final taking-over commission recommend the admission without reservations, the
postponement or the rejection of the taking-over, they must propose measures for eliminating the
irregularities reported.

The final taking-over commission shall recommend the rejection of the final taking-over in case one or
more of the essential requirements are not complied with.

Art. 38

The work whose final taking-over was rejected shall be conserved at the expense of the Employer and
under his care and its exploitation shall be prohibited.

The Employer may seek compensation for his damages from the factors involved in the execution of the
works, liable for the vices found during the taking-over, as well as for the malfunction of the
construction works and / or the related installation works.

The Employer decides on the admission of the taking-over based on the recommendations of the final
taking-over commission and notifies his decision to the Constructor within 3 days of receipt of the
Commission proposal from the final taking-over protocol.

Art. 39

The date of the final taking-over is the date when the Employer gives notification of his decision.

CHAPTER 4: Final provisions

Art. 40

The housing units having ground floor, ground and first floor and the cornice height not exceeding 8
meters, with 4 apartments and their household annexes, as well as temporary structures with a total
surface not larger than 150 sq. are not subject of the provisions of this Regulation. For these, the
necessary documents shall be found in Annexes no. 3 and 4 of the Regulation.

Art. 41

The costs of any nature regarding the final taking-over commission shall be borne by the Employer.

The members of the taking-over commission shall be entered into a contract with through a
collaboration agreement by the Employer, if needed.

The costs generated by experiments, others than those arising from the contractual provisions, shall be
paid by the party at whose initiative they have been incurred. In situations in which, following the
unfavourable results of the experiments, liability is established, the expenses shall be paid by the liable
party.

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The costs of the expertise or regarding the assistance of an expert shall be paid by the party at whose
initiative the expert was appointed and shall be borne by the liable party.

Art. 42

If the parties fail to amicably conclude a final taking-over protocol, they can address the competent
national court.

Art. 43

The parties in dispute may agree to refer their dispute to arbitration, under the law.

Art. 44

The taking-over protocols after the completion of works are distributed under the Employer’s care to:

a) the Constructor;

b) the Designer;

c) the local public administration body which issued the construction permit;

d) the local financial administration body.

Art. 45

The final taking-over protocols are distributed under the Employer’s care to:

a) the local public administration body which issued the construction permit;

b) the Constructor.

Art. 46

The technical book of the construction, according to the model shown in Annex no. 6 of the Regulation,
shall be retained by the Employer throughout the existence of the construction.

Art. 47

In all cases, the Employer is the depository of the archive concerning the work.

Art. 48

The terms used in the Regulation are defined in Annex no. 5 to the Regulation.

Art. 49

The provisions of art. 44 and 45 shall not apply in the case of the Minister of National Defence, the
Minister of Internal Affairs and the Romanian Intelligence Service.

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Art. 50

Annexes no. 1, 2, 3, 4, 5 and 6 are part of this Regulation.

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