Fire safety is one of the fundamental quality requirements imposed by Law no. 10/1995 regarding quality in construction. This requirement mandates that any construction must be designed, executed, and operated in such a way as to protect human life, limit the spread of fire, and allow effective intervention by emergency teams. For this purpose, Law 10/1995 establishes a construction quality system that provides for rigorous checks during the execution of works, including the so-called “critical stages” (key execution phases where quality is assessed).
Traditionally, the designer (architect/engineer who prepared the technical documentation) has the legal obligation to establish, through the design, the critical execution stages for works related to fundamental requirements and to participate on site in quality checks related to these stages. Thus, the lead designer and discipline specialists must be present at key moments of execution (e.g., before pouring foundations, before covering fire detection installations, during testing of fire suppression systems, etc.) to ensure compliance of the works with the design. This requirement was already provided under Art. 23 letters e) and i) of Law 10/1995, but the legislation was recently supplemented (March 2026) to detail and strengthen the designer’s responsibilities in the field of fire safety.
Verification of Works at Critical Stages
According to the new legal provisions, when participating in these critical stages, the designer has the explicit obligation to verify whether the executed works comply with the design documentation prepared to meet fire safety requirements. In other words, at each critical stage established in the design, the designer must check the quality and compliance of fire safety elements: materials and products used (fireproofing treatments, fire-resistant doors, detection and suppression systems), applied technical solutions (fire compartmentation, evacuation routes, etc.), and the actual execution of these works, comparing them with the requirements and specifications of the approved design. This verification aims to confirm that fire protection measures are correctly implemented and that the safety level provided by the design is effectively achieved.
Note: The fire safety design documentation includes the fire safety scenario, drawings, and technical reports detailing safety solutions (e.g., fire compartmentation, sprinkler systems, internal hydrants, detection/alarm systems, emergency lighting, etc.), approved by a certified technical verifier and, where applicable, by the Emergency Situations Inspectorate (ISU). Therefore, the designer—as the author of these solutions—has the responsibility to ensure their correct implementation.
Notification of Non-Compliance to Authorities (ISU)
A key element introduced by the new regulation is the designer’s obligation to notify competent authorities in case of non-compliance. If, during site inspections, the designer identifies deviations from the fire safety design documentation, or if such non-compliance is reported by another party (e.g., site supervisor, contractor), the designer must inform in writing the territorial Emergency Situations Inspectorate (ISU) about the identified issues. This notification must be made electronically, either via email or through a dedicated electronic platform (mentioned in Art. 271 of the legislation). Essentially, the law establishes a direct communication channel between the designer and the fire authority for reporting serious fire safety irregularities during execution.
Notification characteristics:
- The designer must send the notification promptly, in writing, using electronic means (email or dedicated platform) to the relevant ISU.
- The notification must specify the non-compliances identified (e.g., use of non-certified fire-resistant materials, unauthorized modification of fire compartmentation solutions, improper execution of fire suppression systems, etc.).
- The law requires notification only for certain categories of constructions (see next section), where fire safety is strictly regulated and non-compliance may prevent obtaining fire safety authorization.
The purpose of this notification is to involve the emergency authority early in the execution process if deviations occur, allowing corrective measures before completion and before issuing the fire safety authorization.
Categories of Targeted Constructions and Legal Basis
This obligation applies only to constructions requiring fire safety approval or authorization by law. According to Government Decision no. 571/2016 (under Law no. 307/2006), certain buildings—especially public, industrial, or large residential buildings—must obtain ISU approval at the design stage and authorization upon completion. Examples include office buildings, malls, crowded venues (theaters, large restaurants), hospitals, hotels, industrial buildings, warehouses, and high-rise residential buildings. Individual houses are generally exempt.
The updated legislation refers to categories defined under Art. 30² of Law 307/2006, which empowers the Government to establish such categories. Therefore, the designer’s notification obligation applies only to these regulated constructions.
Importance and Practical Implications
This obligation aims to increase fire safety through enhanced supervision during execution. The designer becomes an active part of quality control, alongside site supervisors and authorities. However, it has also sparked debate, as designers traditionally do not have continuous supervision roles—this being mainly the responsibility of site supervisors.
Some specialists note possible overlap of responsibilities and the need for procedural clarification.
Conclusion
The designer’s obligation to verify fire safety compliance and notify authorities of deviations is a newly introduced legal measure to strengthen construction quality. The designer becomes an integral part of execution control, ensuring that fire safety solutions are properly implemented and that authorities are alerted if they are not.