TECHNICAL OPINIONS

The assessment of the technical condition of a building or its elements might be prepared in form of:

  • a technical opinion,
  • a pre-court opinion,
  • a court opinion,
  • technical expertise,

Technical opinion is the assessment of the condition of the building structure or its element, issued on the basis of visual inspection and available project documentation.

Technical expertise is the assessment of the condition of the building structure or its element on the basis of tests and calculations of resistances: of foundations, floors, walls, roof, elevation, and other elements of construction.

Technical expertise must be prepared only by a construction appraiser who holds construction qualifications and the title of construction appraiser within the scope of projects and implementation.

Technical opinion can be prepared by a person with proper building qualifications within the scope and specialty resulting from the decision on granting building qualifications.

THE NEED AND APPLICATION OF TECHNICAL OPINION

The decision whether expertise or technical opinion is required should be taken by a person with building qualifications during inspection of the elements that must be assessed.

Technical opinion may refer to:

  • the assessment of technical condition of buildings or building structures that are subject to the obligation of periodical inspections,
  • the assessment of technical condition of buildings or their elements, including damage, degree of wear of buildings,
  • assessment of construction projects,
  • the correctness of implementation of construction works,
  • the correctness of application of building materials,
  • non-compliance of implementation of works with the project,
  • the law, or technical knowledge,
  • identification of reasons and results of damage of buildings or
  • their elements,
  • qualification of construction works,
  • valuation of construction works,
  • determination of the value of works for the purpose of reimbursement, claims,
  • determination of the actual value of implemented works,

 Technical opinion and expertise are necessary:

  • for mandatory and periodical inspections of building structures,
  • when worrying defects in construction appear in the building: cracks, visible scratches, shifts of the structure, etc.
  • in the case of a change in the manner of use of the building, so pursuant to Art. 71 section 1 point 2 of the Act dated 7 July 1994, the Construction Law Act (Polish Journal of Laws, 1994 No. 89 item 414 (with further amendments) „undertaking or cancellation of activity in the building or its part that changes the conditions of: fire safety, flood protection, occupational and health safety, hygiene and sanitary safety, protection of the environment, or the size and distribution of loads”.

 It is good to execute a technical opinion:

  • in case of technical reservations in pre-trial disputes between the Investor and the Contractor,
  • in case of determination of the value of works for the purpose of reimbursement and financial claims,
  • before purchasing an apartment, a house, or other building structures.