Technical accessibility inspectors.

Technical accessibility inspectors may be:

• architects or consulting engineers; or
• natural persons or legal persons, established under private or public law, other than the State, who hold an accreditation, issued by the minister responsible for disability policy, to carry out technical tasks, studies and assessments in the area of accessibility and design for all; or
• where buildings and public spaces in the public sector are concerned, civil servants, who:
  • hold a qualification in architecture or construction engineering; and
  • work for:
    • the Administration des bâtiments publics (Public Building Administration), for buildings owned by the State; or
    • a communal administration, for buildings owned by municipal authorities.

To ascertain that the accessibility requirements have been met, the technical accessibility inspector must hold an accreditation, which empowers them to:

• draw up and issue certificates of conformity; and
• issue opinions and carry out technical studies and assessments.

Such accreditation is granted to natural persons and managers of legal persons established under private or public law, who:

• have completed initial technical or professional training in the fields of construction or civil engineering, and further training of at least 16 hours in the area of accessibility for all, provided such training is dispensed by:
  • an authorised training establishment in Luxembourg; or
  • a recognised training establishment in another European Union (EU) Member State.
• possess satisfactory knowledge of the rules relating to the technical tasks with which they are entrusted for the purpose of assessments, and sufficient practical experience of such tasks;
• possess appropriate technical resources and have access to the hardware and information needed to perform their duties properly;
• are sufficiently independent to carry out the assignments with which they are entrusted in an impartial manner.

Preliminary steps

Applying for accreditation as a technical accessibility inspector

Applications for accreditation must be sent via MyGuichet.lu to the Ministry of Family Affairs, Solidarity, Living Together and Reception of Refugees (see 'Online services and forms').

This is a procedure with authentication that requires:

• a LuxTrust product; or
• an electronic identity card (eID).

Applications for accreditation must be accompanied by the relevant information and documents proving the applicant meets the above requirements.

Legal persons established under private or public law are required to attach a copy of their Articles of Association.

The accreditation is valid for 5 years. It may be renewed if the conditions are still met at the end of this period.

The minister may, at any time, check that the requirements are met for the issuance and validity of the accreditation, and may revoke the accreditation if the conditions are no longer met.

Assessing the conformity of plans

Before any work can be carried out, an inspector will assess the conformity of the plans for accessibility improvement works that require prior authorisation.

If the building plans are compliant with the accessibility requirements, then the inspector will issue a certificate of plan conformity.

Assessing the work

Once the accessibility improvement works are completed, the inspector will assess the conformity of the works, whether or not prior authorisation was required.

In the event of conformity

After assessing the conformity of the accessibility improvement works, the inspector will issue the people responsible for the works with a certificate of work conformity, attesting that the works meets the legal accessibility requirements.

The certificate can be issued online via MyGuichet.lu (see 'Online services and forms') or via the MyGuichet.lu mobile application. This is a procedure with authentication that requires:

• a LuxTrust product; or
• an electronic identity card (eID).

The inspector will automatically send a copy of the certificate to the minister responsible for disability policy.

In the event of non-conformity

If the work is found to be non-compliant with the accessibility requirements, those responsible for the accessibility improvement works must bring the works up to standard.

Note: the accessibility requirements relating to the safety of Government administrations and departments, public establishments and schools are assessed by the National Health and Safety Service of the Civil Service.

Penalties

Technical accessibility inspectors who issue certificates of conformity for plans or works which do not comply with the accessibility requirements will incur the following penalties:

• for natural persons: a fine of between EUR 251 and EUR 125,000 and/or imprisonment of between 8 days and 2 months;
• for legal persons: a fine of between EUR 500 and EUR 250,000.

A judge may also impose the following additional sanctions:

• for natural persons:
  • closure of the business or establishment;
  • publication or public display of the guilty verdict, at the convicted person' own expense;
• for legal persons:
  • a ban on participating in public procurement contracts;
  • legal dissolution of the business.

Procedures

Links