Regulations Regarding the Registration of Construction Merchants

Issued pursuant to
Section 5, Paragraph one, Clause 7 of the Construction Law

I. General Provisions

1. This Regulation prescribes the procedures and conditions for the registration and re-registration of merchants with the Register of Construction Merchants (hereinafter - the Register), exclusion from the Register and also the content and procedures for the use of the Register data, the amount of the State fee to be paid for registration activities, reliefs and payment procedures.

[26 September 2017]

2. Registration, re-registration, exclusion of merchants from the Register and updating of the information entered in the Register shall be performed by the State Construction Control Bureau (hereinafter - the Register institution).

[13 December 2016]

3. The Register institution shall maintain the Register and ensure its public accessibility free of charge in electronic form, except for data access to which is restricted in accordance with the laws and regulations regarding commercial secret and data protection. The Register is a part of the construction information system.

4. A merchant may submit a submission to the Register institution electronically by filling in a special online form available on the Construction Information System website www.bis.gov.lv if:

4.1. the State Information System Integrator Authentication Module managed by the State Regional Development Agency is used for authentication;

4.2. when authenticating in accordance with Sub-paragraph 4.1 of this Regulation, a construction specialist certifies in the special online form that he or she is employed by the particular merchant if the merchant submits a submission that contains information on the establishment of employment relationship with the construction specialist;

4.3. the submission drawn up in the special online form is signed with a secure electronic signature.

[24 March 2015]

II. Conditions for the Registration of a Merchant

5. The merchant may apply for registration with the Register if it performs commercial activity in the construction sector and also in the field of architecture or electric energy.

[26 September 2017]

6. [26 September 2017]

7. In order to register with the Register, the merchant shall submit a submission to the Register institution (Annex 1).

8. The Register institution shall, within 10 working days after receipt of the submission for registration in printed form, or within five working days if the submission has been received electronically and signed with a secure electronic signature, verify the information referred to in the submission and take one of the following decisions:

8.1. to register the merchant if the merchant meets the requirements referred to in this Regulation and has paid the State fee;

8.2. to suspend the registration of the merchant if:

8.2.1. the State fee specified in Sub-paragraph 27.1 or 27.2 of this Regulation has not been paid or has not been paid in full amount;

8.2.2. there is no signature of the construction specialist in the submission for registration, or there is no attestation mark if the submission is submitted electronically by filling out the special online form in the Construction Information System and the construction specialist has been specified in the submission;

8.2.3. the electronically submitted submission for registration has not been prepared in conformity with the laws and regulations regarding drawing up of electronic documents;

8.2.4. a document proving representation is not attached to the submission;

8.2.5. in case of re-registration, the State fee specified in Sub-paragraph 27.3 of this Regulation has not been paid or has not been paid in full amount in conformity with Paragraph 26 of this Regulation;

8.3. to refuse to register a merchant with the Register if the merchant does not meet the requirements referred to in this Regulation.

[24 March 2015; 26 September 2017]

9. If within 10 working days after receipt of the decision referred to in Sub-paragraph 8.2 of this Regulation the merchant has not rectified the deficiencies indicated therein, the Register institution shall refuse to register the merchant with the Register.

III. Content and Updating of the Register Data

10. The following information shall be included in the Register:

10.1. the information indicated in the submission for registration;

10.2. the field or speciality and sphere of activity in which the construction merchant performs commercial activity;

10.3. information on the activities of the construction merchant in the previous calendar year (hereinafter - the annual information):

10.3.1. total revenues of the construction merchant;

10.3.2. net turnover of the construction merchant;

10.3.3. revenues from the construction services provided;

10.3.4. revenues from the construction services provided by own means;

10.3.5. the average number of persons employed in construction;

10.4. information on the decisions taken by the Register institution in respect of the construction merchant;

10.5. information on the violations of this Regulation permitted by the construction merchant and violations found in construction which have been recorded in accordance with the procedures laid down in the laws and regulations and notified to the Register institution;

10.6. a remark on the exclusion from the State Revenue Service Register of Value Added Tax Taxable Persons due to violations of the laws and regulations established by the State Revenue Service;

10.7. a remark on the renewal of registration with the State Revenue Service Register of Value Added Tax Taxable Persons;

10.8. class of the construction merchant;

10.9. information on the management systems introduced and certified by the construction merchant;

10.10. information on the membership of the construction merchant in the employersʼ or professional organisation of the construction sector registered in the Republic of Latvia or any country of the European Economic Area (Statistical classification of economic activities NACE Rev. 2, Section S "Other service activities", group 94.1);

10.11. information on a collective agreement in effect which has been entered into by the construction merchant as a member of a national level association of the employers organisation with a trade union which is a member of a national level association of trade unions;

10.12. information on the experience of the construction merchant in the performance of construction work in groups of structures and types of structures, including the address of the object (name), the commissioning party, the start and end date of performance, the area of the structure;

10.13. information on a collective agreement in force in the sector in accordance with the procedures prescribed by the Labour Law.

[24 March 2015; 24 January 2017; 26 September 2017; 28 May 2019]

11. A local government or court shall notify the information referred to in Sub-paragraph 10.5 of this Regulation on administrative violations and criminal offences in construction to the Register institution when its decision has become incontestable or the relevant judgement of the court has come into effect.

11.¹ In accordance with Annex 3 to Cabinet Regulation No. 211 of 12 April 2016, Regulations Regarding the Classification of Construction Merchants, the information on violations committed by the construction merchant that have been registered in the Punishment Register maintained by the Information Centre of the Ministry of the Interior shall be received by the Register institution electronically online.

[24 January 2017 / Paragraph shall come into force on 31 December 2018. See Paragraph 32.¹]

11.² The information referred to in Sub-paragraphs 10.8, 10.9, 10.10, 10.11, 10.12, and 10.13 of this Regulation shall be submitted by the construction merchant electronically through the online form on the Construction Information System available online on the website www.bis.gov.lv.

[26 September 2017]

12. The construction merchant shall, once a year by 31 August, submit the annual information to the Register institution (Annex 2).

[24 March 2015; 24 January 2017; 28 May 2019]

12.¹ When submitting the annual information, the construction merchant:

12.¹ 1. shall indicate in revenues from the construction services provided by own means the contractual sums for the construction services provided in the relevant year that were performed by the construction merchant itself;

12.¹ 2. shall indicate in revenues from the provided construction services the contractual sums for the construction services provided in the relevant year by partly or completely fulfilling the contract, including the contractual sums of sub-contractors.

[24 March 2015; 26 September 2017; 28 May 2019]

13. The Register institution shall take one of the following decisions within 20 working days after receipt of the annual information in the form of a printed document or within 10 working days if the information has been received electronically by filling in a special online form on the Construction Information System website www.bis.gov.lv and using the means of personal identification referred to in Sub-paragraph 4.1 of this Regulation for identification, or in the form of an electronic document which has been signed with a secure electronic signature:

13.1. to enter the annual information in the Register;

13.2. to postpone the entry of the annual information in the Register for up to 10 working days if the State fee specified in Sub-paragraph 27.3 of this Regulation has not been paid or has not been paid in full amount;

13.3. to refuse to enter the annual information in the Register and to exclude the construction merchant from the Register if the construction merchant has not rectified the deficiencies indicated in the decision referred to in Sub-paragraph 13.2 of this Regulation.

[24 March 2015; 24 January 2017]

14. The construction merchant shall, within 10 working days after introduction of changes, inform the Register institution thereof by submitting a submission for making changes to the data in the Register (Annex 3) if:

14.1. the construction merchant has terminated or established employment relationship with a construction specialist or has extended the term of validity of the employment contract entered into with the construction specialist;

14.2. a member of the executive board of the construction merchant has started or ceased to fulfil the duties of a construction specialist;

14.3. other information regarding construction specialists entered in the Register has changed;

14.4. contact information of the construction merchant has changed.

[24 March 2015]

14.¹ If the account of the official electronic address has been activated, the construction merchant shall contact the Register institution electronically by using the official electronic address. The Register institution may contact the merchant electronically and send an electronic document to the merchant through the Construction Information System.

[24 January 2017]

15. [26 September 2017]

16. The Register institution shall, within 10 working days after receipt of the submission referred to in Paragraph 14 of this Regulation in printed form or within five working days if the submission has been received in the form of an electronic document and signed with a secure electronic signature, enter in the Register the information indicated in the submission or take the decision to refuse to enter the information in the Register if the construction specialist indicated by the construction merchant does not meet the requirements laid down in legal acts.

[26 September 2017]

17. The Register institution shall request from the State Revenue Service information on the termination of employment relationship with the construction specialist. Information from the Enterprise Register on the release of the member of the executive board who is the only construction specialist from the performance of these duties shall be entered in the Register automatically.

[24 January 2017]

IV. Suspension of the Activity of a Construction Merchant and Exclusion Thereof from the Register

18. The Register institution shall suspend the registration of a construction merchant for up to six months if the relevant submission has been received from the construction merchant. During this period the construction merchant is not entitled to perform such commercial activities in the field of architecture, electric energy or construction for the performance of which a construction specialist is required.

[24 March 2015]

19. The construction merchant has the right to temporary suspension of the registration which does not exceed six months in total within a period of 12 months.

[24 January 2017]

20. In order to renew the registration of the construction merchant, the construction merchant shall, by the end of the term specified in Paragraph 18 of this Regulation, submit to the Register institution a submission for changes in in the information in the Construction Merchant Register (Annex 3) and information on the operation of the construction merchant in the previous calendar year (Annex 2), if necessary.

[24 January 2017]

21. If economic activity of a construction merchant has been suspended based on a decision of the State Revenue Service, registration of the construction merchant with the Register shall be suspended until the moment when the Enterprise Register has made an entry on the renewal of economic activity.

22. The construction merchant shall be excluded from the Register if:

22.1. the Register institution establishes that the construction merchant does not meet the requirements referred to in Paragraph 5 of this Regulation anymore;

22.2. the construction merchant has not submitted the annual information by the date laid down in this Regulation;

22.3. [24 January 2017];

22.4. the construction merchant has provided false information to the Register institution;

22.5. a submission has been received from the construction merchant for exclusion from the Register;

22.6. [26 September 2017];

22.7. [26 September 2017];

22.8. the construction merchant has been excluded from the commercial register or has ended economic activity.

[24 March 2015; 24 January 2017; 26 September 2017]

23. The Register institution shall take the decision to exclude the construction merchant from the Register within a month from the day when the occurrence of the facts referred to in Sub-paragraphs 22.1, 22.2, 22.4, or 22.5 of this Regulation has become known to the Register institution.

[26 September 2017]

24. The construction merchant shall be excluded from the Register, by making an automatic mark in the Register after receipt of the information referred to in Sub-paragraph 22.8 of this Regulation from the Enterprise Register in the Construction Information System.

25. The decision of the Register institution may be contested by the merchant in accordance with the procedures laid down in Cabinet Regulation No. 576 of 30 September 2014, By-law of the State Construction Control Bureau.

[13 December 2016]

26. A merchant who has been excluded from the Register may be re-registered. The merchant shall be re-registered in accordance with the procedures laid down in this Regulation. If the annual information on the period before the exclusion of the merchant has not been included in the Register, the merchant shall, when re-registering, submit the annual information on the relevant year (Annex 2) in addition to the submission for registration (Annex 1) and pay the State fee for the entry of the abovementioned information in the Register. The amount of the State fee shall be determined in accordance with Sub-paragraph 27.3 of this Regulation by calculating it from the net turnover of the construction merchant in the calendar year for which the annual information is being submitted.

[28 May 2019]

V. State Fee for the Registration Activities in the Register

27. The amount of the State fee for registration activities in the Register shall be the following:

27.1. for the registration of a merchant with the Register - EUR 70;

27.2. for the re-registration of the merchant with the Register:

27.2.1. if the merchant has been excluded from the Register in accordance with Sub-paragraph 22.1, 22.2, or 22.4 of this Regulation - EUR 355;

27.2.2. if the merchant has been excluded from the Register in accordance with Sub-paragraph 22.5 of this Regulation - EUR 70;

27.3. for inclusion of the annual information in the Register if the amount of net turnover of the construction merchant in the previous calendar year was:

27.3.1. from EUR 0 to EUR 50 000 - EUR 100;

27.3.2. from EUR 50 001 to EUR 500 000 - EUR 500;

27.3.3. from EUR 500 001 to EUR 1 000 000 - EUR 1000;

27.3.4. from EUR 1 000 001 to EUR 5 000 000 - EUR 2000;

27.3.5. from EUR 5 000 001 to EUR 10 000 000 - EUR 3000;

27.3.6. more than EUR 10 000 000 - EUR 5000.

[24 March 2015; 26 September 2017]

27.¹ Construction merchants who have entered into a collective agreement in the sector in accordance with the procedures prescribed by the Labour Law shall pay the State fee referred to in Sub-paragraph 27.3 of this Regulation in the amount of 50 per cent after the collective agreement has entered into effect.

[26 September 2017]

27.² A foreign construction merchant shall pay the State fee referred to in Sub-paragraph 27.3 of this Regulation from the net turnover of the branch of the foreign merchant registered in Latvia or from the revenues of the branch of the foreign merchant registered in Latvia from the provided construction services which are indicated in the profit or loss account prepared for the calculation of the enterprise income tax.

[28 May 2019 / See Paragraph 35]

27.³ A construction merchant whose net turnover is comprised also of revenues from economic activity not related to construction may pay the State fee referred to in Sub-paragraph 27.3 of this Regulation from the revenues from the provided construction services if the construction merchant appends to the annual information submission a copy of the profit or loss account of the annual statement or consolidated annual statement where the revenues from the provided construction services are indicated separately in any of the profit or loss account items.

[28 May 2019 / See Paragraph 35]

28. The State fee shall be paid through a payment institution which has the right to provide payment services within the meaning of the Law On Payment Services and Electronic Money prior to performance of the activities referred to in Paragraph 27 of this Regulation, or through the State Information System Integrator Authentication Module managed by the State Regional Development Agency.

29. The Sate fee shall not be refunded if the Register institution takes the decision to refuse to register the merchant or takes the decision to refuse to enter the annual information in the Register and to exclude the construction merchant from the Register.

[24 January 2017]

30. The State fee shall be transferred to the State basic budget revenues account in the Treasury.

[24 March 2015]

31. The paid State fee shall be reimbursed in full amount if the submitter is not a merchant and may not apply for registration with the Register, or the fee has been paid for the registration activities that are not the object of the State fee, or the merchant is already registered with the Construction Merchant Register, or the merchant has withdrawn its submission for registration. If the paid State fee is greater than provided for in Paragraph 27 of this Regulation, the part that exceeds the amount of the State fee shall be reimbursed to the submitter.

VI. Closing Provisions

32. [26 September 2017]

32.¹ Paragraph 11.¹ of this Regulation shall come into force on 31 December 2018.

[24 January 2017]

32.² [26 September 2017]

33. This Regulation shall come into force on 1 October 2014.

[29 April 2014]

34. If merchants provided construction services in 2017 which the merchant has the right to provide in accordance with the requirements laid down in laws and regulations without hiring the construction specialist, the submission for the registration with the Construction Merchant Register and annual information shall be submitted by 1 March 2018.

[26 September 2017]

35. Paragraphs 27.² and 27.³ of this Regulation shall be applied to calculations for 2018 and the following reporting years.

[28 May 2019]

Prime Minister Laimdota Straujuma

Minister for Economics Vjačeslavs Dombrovskis

Annex 1
Cabinet Regulation No. 116
25 February 2014

[29 April 2014; 24 March 2015; 28 May 2019]

Submission for the Registration of a Merchant with the Construction Merchant Register

3. Information on a foreign merchant

4. Contact information (the part to be published)

5. Contact information for correspondence with the Construction Merchant Register institution

Telephone number	E-mail address	I agree that decisions of the Register institution on registration activities in the Construction Merchant Register will be notified to the indicated electronic mail address
		Yes	No

6. Building Specialists

Note.

¹ Data of the employment contract need not to be completed if the sole proprietorship is a construction specialist or if a construction specialist is a member of the executive board.

7. Field of certification or speciality and sphere of activity where the construction specialist is employed²

Notes.

² If the construction merchant fails to specify the field of certification or sphere of activity in which it employs a construction specialist, all fields of certification that have been included in the construction practice or architect practice certificate or spheres of activity included in the annex to the certificate of the construction specialist shall be indicated in the Construction Merchant Register.

³ Shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

8. State fee

Minister for Economics Vjačeslavs Dombrovskis

Annex 2
Cabinet Regulation No. 116
25 February 2014

[28 May 2019]

Information on the Operation of the Construction Merchant in 20____

3. Data characterising the commercial activity for the previous calendar year:

3.1. total revenues¹ EUR _____________

3.2. net turnover² EUR _____________

3.3. total revenues from the provided construction services (contractual sum for the provided construction services, including the contractual sums of sub-contractors, excluding value added tax)³

3.4. revenues from the construction services provided by own means (contractual sum for the construction services provided by the construction merchant itself)³

4. The average number of persons employed with the construction merchant in construction

5. Changes to the contact information (the part to be published)

6. Changes to the contact information for correspondence with the Construction Merchant Register institution

Telephone number	E-mail address	I agree that decisions of the Register institution on registration activities in the Construction Merchant Register will be notified to the indicated electronic mail address
		Yes	No

7. State fee

Notes.

¹ The foreign construction merchant shall specify the total revenues of the branch of the foreign merchant registered in Latvia.

² The foreign construction merchant shall specify the net turnover of the branch of the foreign merchant registered in Latvia.

³ The contractual sums for the construction services provided in the relevant year by partly or completely fulfilling the contract shall be indicated in the total revenues from the construction services provided and revenues from construction services provided by own means.

⁴ Shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

Annex 3
Cabinet Regulation No. 116
25 February 2014

[24 January 2017; 28 May 2019]

Submission for Changes in Data in the Construction Merchant Register

3. Changes to the contact information (the part to be published)

4. Changes to the contact information for correspondence with the Construction Merchant Register institution

Telephone number	E-mail address	I agree that decisions of the Register institution on registration activities in the Construction Merchant Register will be notified to the indicated electronic mail address
		Yes	No

5. Information on construction specialists with whom employment relationship has been established

5.1. construction specialists

Notes.

¹ Data of the employment contract need not to be completed if the sole proprietorship is a construction specialist or if a construction specialist is the member of the executive board.

² Shall not be completed if the electronic document has been prepared in accordance with the laws and regulations regarding the drawing up of electronic documents.

5.2. field of certification or speciality and sphere of activity where the construction specialist is employed³

Note.

³ If the construction merchant fails to specify the field of certification or sphere of activity in which it employs a construction specialist, all fields of certification that have been included in the construction practice or architect practice certificate or spheres of activity included in the annex to the certificate of the construction specialist shall be indicated in the Construction Merchant Register.

6. Information on the construction specialists who have terminated their employment relationship or have ceased the fulfilment of the duties of a construction specialist⁴

Note.

⁴ If the employment relationship with the only construction specialist has been terminated or the construction specialist has been released from the performance of duties of the construction specialist, the construction merchant shall be excluded from the Construction Merchant Register, or registration of construction merchant shall be suspended if Paragraph 8 of this submission has been completed.

7. Changes to the field of certification or speciality and sphere of activity of the construction specialists indicated in the Construction Merchant Register

8. Suspension or renewal of the registration of a construction merchant

Note.

⁵ The construction merchant has the right to suspend the registration for a period which does not exceed six months in total within a period of 12 months. During the period when the registration is suspended the construction merchant is not entitled to perform such commercial activities in the field of architecture, electric energy or construction for the performance of which a construction specialist is required.

Translation © 2023 Valsts valodas centrs (State Language Centre)