Spanish Architect's Fee

Professional Fees of the Spanish Architects

The cost of architectural services in Spain

Before April 16, 1997, fees of Architects in Spain were governed by the fee scales established by the Colleges of Architects. However, after the entry of the “Ley de Medidas Liberalizadoras en Materia de Suelo y de Colegios Profesionales” (Law of Liberalization Measures on Land and Professional Associations), the rates established by professional associations became only for guidance. Since then, Spanish Architects have complete freedom when it's to determine the amount of professional fees that correspond to their services.

Items Comprising the Fees

Like any other professional, Spanish Architects are entitled to receive the payment for the professional fees earned by providing services and to recover the costs which were needed to complete their work. The amount of the Architect's professional fees must include at least the following items:

• a compensation for the time spent on the professional assignment
• a compensation for the expenses he had to incur: travel, materials, obtaining documents, etc.
• an adequate remuneration for the duties performed.

In addition, the calculation should take into account the degree of complexity of the assignment and the possible need for specialized knowledge.

The Reporting Obligation

Spanish Architects have a legal obligation to inform their clients about the amount of their professional fees. The current “Ley sobre el libre acceso a las actividades de servicios y su ejercicio” (Law on Free Access to Services Activities and its Exercise) provides two methods for this:

• the Architect previously set a price for a particular type of service, in which case he must provide, in an easily accessible way for clients, the full price, including taxes
• the Architect doesn't set the price beforehand, in which case, at the client's request, he shall provide the service price, or a method to calculate it, or a sufficiently detailed fee proposal.

Daniel Trujillano, Spanish Architect
http://www.arquitectotrujillano.com/home.html
Professional Architectural Services for Building Projects in Spain

Video 02: Builders in Spain – Obligations, Responsibilities and Guarantees

Architect Daniel Trujillano

http://www.arquitectotrujillano.com/home.html

ArchitecturalDesigns for Building Projects in Spain

Spanish Builder (II)

The Building Contractor in Spain (II)

Warranties and Disclaimers

In addition to fulfilling his own obligations, a Builder in Spain is liable for the damage caused by:

• faults or defects resulting from inexperience, lack of capacity or negligence of the Site Manager and of the persons depending on the Site Manager
• faults or defects in the execution of the subcontracted parties of the Work
• deficiencies of construction products purchased or accepted by him.

Liability Time Frames

The Builder's responsibilities in Spain are applied in the following periods:

• a year for damage caused to the building by performance faults or defects affecting the finishings
• three years for damage or defects in building components or installations that cause a breach in habitability requirements
• ten years for damage or defects having its origin or affecting the foundation or the structure, and which directly compromise the mechanical strength and stability of the building.

Guarantees in Residential Buildings

In Spanish residential buildings, the Builder has a legal obligation to cover, for one year, a compensation for material damage caused by performance defects affecting the finishings. This obligation may be fulfilled:

• underwriting insurance for property damage, or
• allowing the Developer to retain 5 per 100 of the amount of the material performance cost.

In the case of opting for the insurance, the builder must take the role of the policyholder, while the insured parts must be the Developer and the subsequent owners of the building or of parts of it.
Moreover, the Developer may expressly agree that the Builder takes the policyholder’s role on his behalf in property damage insurance for ensuring:

• for three years, a compensation for damage or defects that cause a breach in habitability requirements
• for ten years, a compensation for damage or defects that directly compromise the mechanical strength and stability of the building.

Spanish Builder (I)

The Building Contractor in Spain (I)

Obligations of the Builder under the Spanish LOE

Under the current Law on Construction Planning (LOE in Spanish), the Builder is defined as the agent who assumes -in contract with the Developer- the commitment of performing the Works with attachment to the Construction Documents and to the contract.

Obligations of the Spanish Builders

According to the LOE, the obligations of a Builder in Spain are:

• performing the Work with attachment to the Construction Documents, to all applicable Laws and to the instructions of both the Director of the Work and the Director of the Performance of the Work, in order to achieve the required level of quality for the project
• having a degree or a professional qualification entitling to comply with the required conditions
• designating the Site Manager, who will be his technical representative on site and who, because of his qualifications or experience, must have skills in agreement with the characteristics and complexity of the Work
• assigning the required human and material resources to the Work 
• formalizing all necessary subcontracts, within the limits established in the contract
• signing the Stakeout Statement and the Receipt Statement
• providing the Director of the Work all the information necessary for preparing the Performed Work Documentation
• signing guarantees as required by the LOE.

The Formal Statements

After the verification of the stakeout, the Builder, along with the Director of the Work and the Director of the Performance of the Work must sign the Formal Stakeout Statement.

After the completion of the Work, both the Builder and the Developer must sign the Receipt Statement, in order to formalize the delivery. If the Developer observed defects, the Work can be received with reserves, and in this case such defects must be entered in the Receipt Statement, along with the time when they should be corrected. The Receipt Statement must also reflect guarantees as required for ensuring the Builder's responsibilities.