Section 4: Definitions

For the purposes of these Regulations, the following definitions shall apply:

a) building or civil engineering works

  1. construction of buildings
  2. fitting out, decoration and installation work
  3. assembly and disassembly of prefabricated elements
  4. demolition, disassembly, alterations and restoration work
  5. redevelopment and maintenance
  6. general construction work
  7. excavation, blasting and other groundwork
  8. other work carried out in connection with construction activities.

b) client: any natural or legal person for whom a construction project is carried out.

c) client’s representative: any natural or legal person who performs specific tasks pursuant to these Regulations on behalf of the client in accordance with a written agreement with the client.

d) consumer: a natural person who does not primarily act in the course of commercial activity.

e) coordinator: any natural or legal person responsible for coordination of project preparation or execution on behalf of the client.

f) designer: any natural or legal person commissioned to draw, calculate, plan or describe the whole or parts of the building or installation to be constructed.

g) one-man enterprise: undertaking that has no employees.

Re (a) building or civil engineering works

The definition of building or civil engineering works is based on Directive 92/57/EEC and the main categories of the industrial classification used by Statistics Norway9, originally based on the NACE codes, see sector F Construction.

Building or civil engineering works include all activities directly associated with construction, alterations, repair, maintenance and demolition of buildings and construction and repair of installations.

Painting work and cleaning associated with building or civil engineering works are examples of work that falls under item 5, maintenance.

Work in connection with tunnels, bridges, construction of power lines and sewerage systems are examples of work that falls under item 6, general construction work.

Drainage is an example of groundwork that falls under item 7. An example of work that falls under item 8, is a temporary workshop for maintenance of machines used at the construction site.

Re (b) client

The client is the person for whom building or civil engineering works are actually carried out, and is thus the contracting entity for project preparation and execution. The responsibilities of the client are described in chapter 2.

In the case of dwellings for commercial sale, the contracting entity for the executing contractor and the designer is the client pursuant to the Regulations.

If the client is a legal person, the prior notice pursuant to section 10 shall state the name and telephone number of a contact person.

Re (c) the client’s representative

The agreement between the client and the client’s representative is regulated by section 16.

If the client’s representative is a legal person, the prior notice pursuant to section 10 shall state the name and telephone number of a contact person.

Re (d) consumer

The definition of consumer is identical to the definition given in the Building Trades Services Act of 16 June 1989, the Erection of Dwellings Act of 13 June 1997, the Sale of Goods Act of 198810 and the Consumer Purchases Act of 200211. The practice and travaux préparatoires of these Acts are thus also of relevance to the consumer concept employed in the Construction Client Regulations.

The definition of consumer is common to all EU legislation, and is originally derived from Directive 1999/44/EEC of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.

Further clarification of the consumer concept is mainly relevant in the event of doubt concerning whether building or civil engineering works are carried out in the course of commercial activity.

It is required that the consumer is a natural person, and this entails that organisations, companies and associations are not covered by the consumer concept. A sports club is thus not covered by the consumer concept.

A multi-unit co-owned property is not in principle a consumer pursuant to the Construction Client Regulations. However, in the travaux préparatoires to the Consumer Purchases Act, which is also relevant to the Construction Client Regulations, the smallest multi-unit co-ownerships are assumed in reality to have the character of consumers, and therefore fall under the consumer concept. They are then required to consist of less than five co-owners.

Work ordered by an individual consumer in a housing cooperative is covered by the consumer concept.

Re (e) coordinator

Designation and follow-up of the coordinator is regulated by section 13, while sections 14 and 15 specify what the coordination involves.

If the coordinator is a legal person, the prior notice pursuant to section 10 shall state the name and telephone number of a contact person.

Re (f ) designer

The designer’s responsibilities are regulated by chapter 3.

Re (g) one-man enterprise

The responsibilities of one-man enterprises are regulated by chapter 4. The terms employee and employer are defined in section 1–8 of the Working Environment Act. The term ‘persons responsible for execution’12 is often used in relation to construction activities, and normally applies to employers or one-man enterprises contracted to execute the whole or parts of the building or civil engineering works. In the Construction Client Regulations, it has been chosen to use the terms employers and one-man enterprises to refer to the actors who perform this work. The main reason for this is to achieve uniformity of terminology between the Working Environment Act and the Construction Client Regulations.