A manutenção na construção civil e a responsabilidade legal: o caso da edificação de ambiente bancário

Abstract

The maintenance is an essential factor for the building’s conservation and its useful life extension. This practice is still many times neglected or incorrectly executed, due to the erroneous interpretation which the maintenace must be performed just in the cases where damages have already ocurred. However the preventive measurement of failures also includes the building’s maintenace. Considering this is a result of the nescience of technical standards and laws, this paper aims to demonstrate the necessity of executing different types of maintenance correctly, as well as appointing the responsibles for them. The applied methodology consists on a bibliographical review that contemplated, besides theme's elucidation, the maintenance classification as: conservation, repairing, restoration and modernization. The legislation approaches to the legal responsibilities of the builder, the condominium and the owner. Concurrently, as a practical example, it’s demonstrated a case study of a banking institution that suffered damages, and then it was required maintenance. It's necessary that the parties involved understand their rights and duties and perform all the correct and seasonable maintenance, keeping these interventions recorded. Thus, they will be protecting the building from failures, but in the case these issues appear, the responsible will be legally sued for repairing them in order of maintaning user's integrity and building's lifetime