Section 2: Scope and extent

The Regulations shall apply to any workplace where building or civil engineering works of a temporary or mobile nature are carried out.

The Construction Client Regulations shall apply to the whole construction process, through planning, project preparation and execution.

The scope of the term “building or civil engineering works” is further explained in the comments to the definition in section 4 (a).

In section 10 of the Regulations, a certain scope or duration of work is specified before requiring prior notice. The Regulations shall apply regardless of the duration and scope of the work, i.e. regardless of whether or not prior notice is required, see section 10.

In cases where the client is a consumer, exceptions are made for the application of the Regulations, see the comments to section 3.

The scope and extent of Regulations require that, in order to be subject to the Construction Client Regulations, the building or civil engineering works must be of a temporary or mobile nature. They must therefore be differentiated from building or civil engineering works carried out by permanent undertakings. For example, shipyards and undertakings producing prefabricated houses are not subject to the Regulations. In borderline cases, significance will be attached to the duration of the work and to whether the work is typically of a temporary or mobile nature. It will also be of significance for the assessmentwhether machines and equipment are permanently located on the site or whether it is natural to relocate these following completion of the work.

Building or civil engineering works must be differentiated from general operations and maintenance.

This means that maintenance tasks associated with temporary construction activities fall under the Regulations, whereas general maintenance tasks do not. As a consequence of this differentiation, repair, restoration, etc. of roads fall under the scope of the Regulations whereas road work such as snow clearance do not.

The Regulations also apply in cases where the employer uses his own employees to carry out major maintenance tasks at his own plant.

Collective voluntary work (dugnadsarbeid) is not in principle subject to the Construction Client Regulations. In some cases, some of the work is carried out as collective voluntary work, while the remainder is carried out as ordinary work. The part of the work that is carried out in the course of commercial activity is subject to the Construction Client Regulations. Whether or not collective voluntary work is to be assessed as part of the building or civil engineering works must be viewed in the light of the possible consequences of the work for the ordinary employees and the person who in practice actually organises and manages the collective voluntary work.

The Construction Client Regulations do not apply to requirements regarding the natural environment. Such requirements include those associated with emissions to air, water and soil and degradation of the natural environment. The rules associated with the external environment are administered by the Norwegian Environment Agency.

As regards measures for preventing fire and explosion, these are regulated by the rules administered by the Norwegian Directorate for Civil Protection and Emergency Planning (DSB).

The Construction Client Regulations do not in principle apply to third persons, i.e. persons who are not employees at the construction site. For issues concerning third persons entering construction sites, see the comments to section 9 (a).

In connection with the requirement of section 10 concerning prior notice and the requirement of section 15 concerning the keeping of lists of persons employed at the construction site, it is important to clarify what is meant by a construction site. This particularly applies to the contract types not associated with a specific delimited construction area. The geographical delimitation will not be decisive. If, for example, the contract applies to an entire county, this will not be denoted a construction site. The decisive factor will be whether there is a close association between the various work tasks at the adjacent geographical workplaces that makes it natural to regard this as a construction site. This assessment norm is for example decisive for function contracts, tarmac contracts and road marking. We stress that, in connection with tarmac laying, lists shall be kept of regular suppliers of tarmac.

In cases where the Regulations have a joint scope and extent, the Regulations concerning organisation, management and employee participation, the Workplace Regulations and the Regulations concerning the performance of work all have relevance for the Construction Client Regulations. The Regulations must therefore be viewed in relation to one another. For example, Chapter 27 Rock work of the Regulations concerning the performance of work involves special regulation of certain building or civil engineering works.

No dispensations from the Construction Client Regulations may be granted.