The competence of the undertaking shall be commensurate with the qualifications of the persons acting under its responsibility and on its behalf. The operator shall be responsible for the activities of the persons acting on his behalf.
An operator shall not misrepresent its competence or perform work for which it is not competent.
In certain cases provided for in the Construction Code, a competent person's qualification must be certified by a professional qualification or another certificate of competence based on education and professional experience.
In some instances, before commencing an economic activity, an economic operator must submit a declaration of economic activity to the register of economic activities, indicating the competent person's qualification and specifying the activity's subcategories.
An economic activity declaration must be submitted if the business provides a service as an economic activity in the following actions:
- the construction of a building subject to a building permit, except where the work of the competent person of the undertaking does not involve the direction and management of the work of others (e.g., masonry work);
- the design of a building subject to a building permit;
- carrying out owner supervision;
- carrying out building surveys;
- carrying out an expert's report on a building project;
- carrying out building audits, unless an accreditation body has accredited the operator for building auditing activities under Regulation (EC) No 765/2008 of the European Parliament and the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.08.2008, p. 30-47);
- maintenance of public roads;
- carrying out traffic management projects.
Last updated: 08.04.2021