Unified Construction Code of Republic of Kosovo Section 1

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Chapter I – Administrative
and Legal
Unified Construction Code of Republic of Kosovo
Section 1 – Administrative/Legal
Chapter I - Administration
I. GENERAL
competent body, constitute a distinct hazard
to life or property.
1.
1.5. Terms & Interpretation.
1.5.1. All terms in this Code shall be consistent
with the terms as used in the Eurocode.
Questions of interpretation should refer to
how those terms are interpreted in the
Eurocode system.
1.5.2. If different sections of this Code require
different material, methods of construction or
other requirements, the most restrictive
provision shall govern.
1.5.3. If there is a conflict between a general
requirement and a specific requirement, the
specific requirement shall govern.
1.1. Title. These technical regulations shall be
known as the “Unified Building Code of
Republic of Kosovo.” It is referred to in this
document and in related laws or
administrative instructions as the “Code” or
the “Construction Code.”
1.2. Scope. This Code establishes technical
requirements for the design, construction,
alteration, repair, reconstruction, and
demolition
of
buildings
and
other
construction objects within the Republic of
Kosovo.
1.6. Standards. References to standards in
this Code shall be considered part of the
Code. When differences occur between
provisions of this Code and the referenced
standard, the provision of this Code shall
apply. The standards referred to by the Code
have been adopted by the Kosovo
Standardization Agency and copies of the
standards can be purchased from this agency.
1.6.2. Exception: If differences occur between
provisions of this Code and the referenced
standard due to translation issues, the
provisions of the original official language of
the standard prevail.
1.6.3. Exception: If enforcement of a Code
provision would violate the conditions of
listing of the equipment or appliance, the
conditions of listing and manufacturer’s
instructions shall prevail.
1.3. Purpose. The purpose of the Code is to
establish the minimum requirements to
safeguard the public health, safety and
general welfare through the necessary
resistance of the structure of means of egress
facilities, equilibrium and stability, sanitation,
management of construction waste, adequate
light and ventilation, energy efficiency and
savings measures, and safety to life and
property from fire and other hazards
attributed to the built environment and to
provide safety to fire fighters and emergency
responders during emergency operations, as
well as any other technical requirement that
is considered a relevant technical issue by its
nature.
1.4. Applicability. This Code shall apply to:
1.4.1. The design and construction of new
structures;
1.4.2. Any changes in use of an existing
structure that places it in a different category
of construction, unless the proposed change
of use is less hazardous to health and safety
than the previous use;
1.4.3. Any alterations, additions, or changes to
an existing structure for which a building
permit is required;
1.4.4. Existing structures, facilities and
conditions when identified in specific sections
of this Code or by other laws or regulations;
1.4.5. Existing structures, facilities and
conditions that, in the opinion of the
1.7. Appendices. Appendices of the Code are
expressly included as portions of the Code.
1.8. Partial Invalidity. If any portion of this
Code is held to be invalid, that decision will
not affect the validity of the remaining
sections of the Code, which shall remain in full
force and effect.
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Unified Construction Code of Republic of Kosovo
Section 1 – Administrative/Legal
Chapter I - Administration
II. RESPONSIBILITIES AND POWERS OF
COMPETENT BODIES ENFORCING THE CODE
certificates of occupancies granted, and the
total number of square meters permitted.
2.5.1 Records shall be made available to the
applicant upon request.
2.5.2 Records shall also be made available to
others in accordance with the Law on Access
to Official Documents, No. 2003/12 or other
applicable law. However, competent bodies
shall take steps to protect personal data of
applicants and shall treat construction
documents as containing data of private
commercial interest, including intellectual
property.
2.
2.1. Enforcement of Code.
2.1.1. Officials from competent bodies are
authorized to enforce the provisions of this
Code.
2.1.2. The Ministry of Environment and Spatial
Planning shall have authority to interpret this
Code and to adopt sublegal acts to clarify its
applicability.
Such interpretations and
sublegal acts shall be in conformance with the
intent and purpose of this Code.
2.6. Liability. If employees or representatives
of competent bodies act in good faith and
without criminal intent, their actions or
omissions shall not rise to the level of
violations under the Law on Construction, No.
04/L-110, Article 36 and they shall not be
liable personally for any damage to person or
property arising because of an act or omission
in discharge of official duties to enforce this
Code.
2.2. Applications & Permits. The competent
body shall receive applications, review
construction documents, and issue terms of
construction and construction permits in
accordance with procedures set forth by
Administrative Instruction.
2.3. Notices & Orders. The competent body
shall issue all necessary notices or orders to
ensure compliance with this Code.
2.7. Approved Materials and Equipment.
Materials, equipment and devices approved
by the building official shall be constructed
and installed in accordance with such
approval.
2.4. Inspections.
Competent bodies are
authorized to make all required inspections
and to accept reports of inspection by
approved agencies or individuals of
inspections of construction works for which
permits have been issued in accordance with
procedures set forth by Administrative
Instruction. Reports of such inspections shall
be in writing and signed by a responsible
officer of the competent body or by the
responsible individual.
2.8. Modifications and Alternative Materials,
Designs and Methods.
2.8.1. At the request of an applicant,
competent bodies may grant modifications to
Code requirements if the competent body
finds that the strict adherence to this Code is
not practical. Modifications must be in
compliance with the intent and purpose of
the Code and must not lessen health, life and
fire safety requirements, or structural
integrity.
2.8.2. A competent body may require tests, at
the expense of the applicant, to support a
request for modification. Test methods must
be as specified in this Code or by other
recognized testing standards.
2.8.3. Decisions granting modification and
reports of testing must be kept in the official
records of the competent body.
2.5. Records. In accordance with the Law on
Construction, Article 13, competent bodies
shall archive construction documents. This
includes keeping official records of
applications received, on-line tracking
spreadsheets, review checklists, terms of
construction and permits issued, information
regarding any permit that is deemed to have
been granted due to the Silence is Consent
principle, fees and charges collected, reports
of inspections, notices and orders issued,
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Unified Construction Code of Republic of Kosovo
Section 1 – Administrative/Legal
Chapter I - Administration
4.1.3. If the project is simple and reviewing
construction documents is not necessary to
obtain compliance with the code, the
competent body may simplify the number and
type of documents required.
III. CONSTRUCTION PERMITS
3.
3.1. Responsibility. Every person who designs
or performs construction work for the
installation or repair of building, structure,
electrical, mechanical or plumbing systems,
for which this Code is applicable, has a duty to
comply with this Code.
4.2. Information on Construction Documents.
Construction documents shall clearly show
the location, nature, and extent of the work
proposed and show in detail that it will
comply with the provisions of the Code and
related laws, regulations and administrative
instructions.
3.2. Permit Required.
Any owner or
authorized agent who intends to engage in
construction activities must obtain a permit in
accordance with the Law on Construction and
applicable Administrative Instructions.
4.3. Manufacturer’s Installation Instructions.
Manufacturer’s installation instructions shall
be available at the job site at the time of
inspections.
3.3. Permit Not Required. Some construction
works do not require a permit. Works not
requiring a permit are defined in the Law on
Construction and Administrative Instruction.
Even if a construction works does not require
a permit, it must still comply with this Code
and all other laws, sublegal acts, and
municipal requirements.
4.4. Amended Construction Documents.
Work shall be installed in accordance with the
approved construction documents, and any
changes made during construction that are
not in compliance with the approved
construction documents shall be resubmitted
for approval as an amended set of
construction documents.
3.4. Placement of Permit. The construction
permit or copy thereof must be kept at the
construction site until the project is complete.
V. CONSTRUCTION DIARY AND
CONSTRUCTION BOOK
IV. CONSTRUCTION DOCUMENTS
5.
4.
5.1. The contents of the construction diary
and construction books are set forth by the
Ministry in a sublegal act. The construction
diary and construction book shall be kept at
the job site and made available for inspection
if requested by the competent body or its
designated inspector.
4.1. Documents Required.
Construction
documents to be submitted are listed in
Annex A.
4.1.1. Construction documents for Category I
shall be prepared by a licensed design
professional if required by the regulations of
the municipality where the project is to be
constructed.
4.1.2. Construction documents for Categories
II and III shall be prepared by a licensed design
professional. If special conditions exist, the
competent body is authorized to require
additional construction documents to be
prepared by a licensed professional.
VI. INSPECTIONS
6.
6.1. Scope of Inspection Supervision.
Inspection supervision involves inspection of
construction works to determine compliance
with construction documents and this Code.
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Unified Construction Code of Republic of Kosovo
Section 1 – Administrative/Legal
Chapter I - Administration
Inspection supervision involves periodic
checks only. It does not substitute for the
applicant’s own daily control of the
construction works, nor does it relieve the
applicant or the project’s design and
construction professionals of the duty to
ensure that the construction works are
designed and built competently and are fully
compliant with this Code and all relevant laws
and regulations.
6.1.2.1.3. Post concrete inspection to verify
appropriate curing, form in place for a
specified period of time, etc.
6.2.2.2. Masonry Structures - Inspection of
site prepared mortar, placement of masonry
units and mortar joints according to design,
placement of reinforcement, size of main
structural elements, anchorage of masonry to
other structural members, and protection of
masonry during cold and hot weather.
6.2. Inspection Phases. The competent body,
upon notification of the applicant, shall make
or cause to be made any necessary
inspections and shall either approve that
portion of the construction as completed or
shall notify the applicant if the construction
fails to comply with the Code. Inspections
shall be carried out during the following
phases of construction:
6.2.2.3. Steel structures – Material verification
of structural steel; verification of bolts, nuts,
washers, inspection of bolting; verification of
filler materials and inspection and testing of
welding; inspection of steel joint details for
compliance with design.
6.2.2.4. Timber structures - Material
verification of structural timber, verification of
joints, erection of timber frame, verification
of roof framing prior to covering.
6.2.1. Foundation Inspection (Pre-Pour).
Inspection of the foundation shall be made
after poles or piers are set or trenches or
basement areas are excavated and any
required forms are erected and any required
reinforcing steel is in place and supported
prior to pouring the concrete. The foundation
inspection shall include sewer and drain lines,
footings,
foundation
walls,
surface
preparation, vapor barrier, lot contour and
grading, verification of material below
foundation, depth of excavation, and use of
proper material under foundation.
6.2.3. Installations Inspection. Inspection of
electrical wiring, plumbing, ducts and roof
shall be made before covering or concealment
and before fixtures or appliances are set or
installed.
6.2.4. Fire Safety Inspection. Inspection to
determine compliance with fire safety
requirements shall be made when all fire
safety requirements and installations are in
place.
6.2.2. Structural Inspection. Inspection of
structural elements, depending on the type of
construction, as follows:
6.2.5. Final inspection. Final inspection shall
be made after the construction work is
completed and prior to occupancy.
6.2.2.1. Concrete structures 6.2.2.1.1. Pre pour inspections for every
structural element, including: formwork for
alignment and dimensions and their surface
condition, reinforcement for installation
according to design, splices and their
condition (rust, paint), concrete joint surfaces.
6.1.2.1.2. Concrete placement inspection,
verifying use of required concrete class, that
samples are being tested, QA/QC measures
are being taken, and special protection is
made for cold and hot weather.
6.2.6. Other inspections. In addition to the
inspections listed above, the competent body
may make or require other inspections as the
project requires confirming compliance with
this Code or other laws.
6.2.7. Review of Permit, Construction Book
and Construction Diary. In addition to the
technical review, inspectors shall also confirm
that the construction is in accordance with
the construction permit and shall check the
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Unified Construction Code of Republic of Kosovo
Section 1 – Administrative/Legal
Chapter I - Administration
construction book and construction diary to
confirm that materials have been inspected
by the construction permit possessor for
compliance with the Code and relevant SK EN
standard.
approval of a violation of this Code or of other
laws or regulations. Certificates presuming to
give authority to violate or cancel the
provisions of this Code or other laws or
regulations shall not be valid.
6.3. Inspection requests. The applicant or its
agent has the duty of notifying the competent
body that the work is ready for inspection. It
is the duty of the person requesting
inspection to provide access to and means for
inspection of the work.
7.2. Application for Certificate. Requirements
for issuance of an occupancy certificate are
set forth in the Law on Construction, Chapter
VIII and sublegal act issued by the Ministry of
Environment and Spatial Planning.
6.4. Approval required. Work shall not be
done beyond the point indicated in each
successive inspection without first obtaining
inspection approval. If the construction work
is satisfactorily completed, the inspector shall
issue a report and sign the inspection card
indicating that the project has passed that
stage of the inspection. If the work is not
compliant with the Code and fails to pass
inspection, the inspector shall issue a report
noting the noncompliance. Any portions of
the construction works that do not pass
inspection shall be remedied and such portion
shall not be covered or concealed until
authorized by the inspector.
VIII. PERMITS DEEMED ISSUED BY OPERATION
OF LAW (SILENCE IS CONSENT)
8.
8.1. Applicants, designers and construction
professionals are responsible for complying
with all provisions of this Code, laws,
regulations and terms of construction even
when constructing construction works under
a permit that has been deemed to be issued
because the competent body did not issue a
decision within the time frame required by
law. This includes, but is not limited to, the
duty to comply with inspections and
provisions requiring an occupancy certificate.
6.5. Cultural Heritage. Construction works
involving cultural heritage sites also must
comply with inspections required by the Law
on Cultural Heritage and related sub-legal
acts.
8.2. Specific requirements for permits deem
issued by operation of law shall be set forth in
a sublegal act issued by the Ministry of
Environment and Spatial Planning.
6.6. Specific procedures on construction
inspections shall be set forth in a sublegal act
issued by the Ministry of Environment and
Spatial Planning
IX. UTILITIES
9.
VII. OCCUPANCY CERTIFICATE
9.1. Connection of utilities. No person shall
make connections from a public utility
network to any building regulated by this
Code for which a permit is required until
approved by the utility provider.
7.
7.1. Use and Occupancy. For all construction
works that require a construction permit, an
occupancy certificate shall be obtained in
accordance with the Law on Construction
before the construction works may be
occupied.
Issuance of an occupancy
certificate shall not be construed as an
9.2. Temporary connections.
The utility
provider shall have the authority to authorize
and approve the temporary connection of the
building or system to the utility.
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Unified Construction Code of Republic of Kosovo
Section 1 – Administrative/Legal
Chapter I - Administration
structure in violation of this Code or of the
order or direction made pursuant thereto.
9.3. Authority to disconnect utilities. The
utility provider shall have the authority to
authorize disconnection of utility service to
the building, system or structure regulated by
this Code in case of emergency where
necessary to eliminate an immediate hazard
to life or property or when such utility
connection has been made without the
required approval.
The official of the
competent body shall notify the serving utility
and whenever possible the owner and
occupant of the structure of the decision to
disconnect prior to taking such action or, if
not possible, notification shall be made in
writing as soon as practical after
disconnection.
10.4. Violation penalties. Any person who
violates a provision of this Code or fails to
comply with any of the requirements thereof
or who erects, constructs, alters, or repairs a
building or structure in violation of the
approved construction documents or
direction of the competent body, or of a
construction permit or occupancy certificate
issued in accordance with this Code, shall be
subject to penalties as prescribed by law.
X. VIOLATIONS
10.
10.1. Unlawful acts. It shall be unlawful for
any person, firm, or corporation to erect,
construct, alter, extend, repair, move,
remove, demolish or occupy any building or
structure regulated by this Code, or cause the
same to be done, in conflict or in violation of
any of the provisions of this Code.
10.2. Notice of violation. The competent body
is authorized to serve a notice of violation or
order on the person responsible for the
erection, construction, alteration, extension,
repair, moving, removal, demolition or
occupancy of a building or structure in
violation of the provisions of this Code, or in
violation of construction documents, or in
violation of a construction permit or
occupancy certificate issued in accordance
with this Code.
10.3. Prosecution of violation. If the notice of
violation is not complied with in the time
prescribed by the notice, the competent body
is authorized to pursue legal proceedings to
restrain, correct or abate such violation, or to
require the removal or termination of the
unlawful occupancy of the building or
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