This paper is the result of policy studies and a vivid political debate on the one hand and on the other hand of expert consultancy related to experiments with the aim to guarantee the performance as built by the builder using a new system of quality control.

Dutch Building Regulation is under construction. Considerable controversy has risen since on the road towards private Building Control. The Dutch Parliament has expressed its own priorities for regulation: insured guarantee, a defined role for local authorities and simplification of regulation for repetitive construction works. A consultation version to change the related laws was published September 2014 and commented by 66 organisations. Further debate will follow about the next steps in innovating Building Regulation.

Consumer organisations, the suppliers in the Building industry and the union of municipalities are outlining a view on changing the regulations that might gain support from Parliament and the Department for Housing. This view includes several proposals that ERB/RIGO did in the last years.

A lot of case studies and practical experiments are running, necessary for the implementation of the law and to feed the debate.

This paper reflects on the outcome of these studies and experiments in relation to the legislative debate and its implications, legal and technical, on building regulation as well as on legal and contractual liability.

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