Rules for the Valuation of Properties According ECO/805/2003 (IV)

Valuation Rules According ECO/805/2003 (IV)

Floor Areas used in the Valuation of a Property

In general, the floor area that must be used in order to calculate the value of a building in Spain is the floor area as checked by the valuer. However, the particular circumstances of a building may require using other floor areas:

• if it's not possible to check the floor area on-site, the area to use will be the lowest between the floor areas considered by the Cadastre and the Property Registry
• if it was possible only to check the Gross Floor Area or the Gross Internal Area without the floor area of the common parts, due to operational difficulties involved in checking all the floor area of the common parts, the area to use will also be the lowest one between the cadastral floor area and registry floor area with common parts, provided that the valuer considers that the proportion between the floor area finally used and the checked one is reasonable
• if the checked floor area of a building exceeds by more than 5 percent to the registry floor area or to the cadastral floor area, the adoption of the checked floor area will require to verify the adequacy to the applicable urban planning regulations
• if the checked floor area of an element of a building exceeds by more than 10 percent to the registry floor area or the cadastral floor area, the adoption of the checked floor area will require to verify the adequacy to the urban planning regulations
• if the building lacks of Statement of New Building entered in the Property Registry, the adoption of the checked floor area will also require to verify the adequacy to the urban planning regulations
• if the floor area of the private outdoor spaces for the exclusive use of the building exceeds by more than 15 percent of the total floor area thereof, the floor area of the outdoor spaces shall be measured separately and valued with a different unit price
• in the valuation of homes subject to public protection, for the purposes of calculating their maximum legal value, the floor area that should be adopted is the one contained in the Certificate of Qualification.

Architect Daniel Trujillano

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Valuation Reports for Buildings in Spain

Legalization and Occupation in Andalusia (III)

The Occupation of Legalized Buildings in Andalusia (III)

Occupation of Buildings with Expired Urban Offense and Requiring Adaptadion Works. Occupation of SAFO Buildings in Un-Developable Land.

In Andalusia, when a building expired in terms of the deadline for adopting measures for the protection of the Urban Planning Law requires the performance of works for the adaptation to the intended use, two situations can arise:

• that the building complies with the urban planning regulations, in which case, after obtaining the recognition of the accordance situation, it shall be tacitly recognized as legalized by prescription, at the moment the authorization of the required works gets granted, and at the completion of the works it will proceed to obtain the Occupation or Utilization License
• that the building does not comply with the urban planning regulations (in any case the use must be in accordance with the planning), in which case it will be necessary to obtain the statement of the Situation of Assimilated to Outside Planning (SAFO) before obtaining the authorization of the necessary works, which shall never exceed those required by the strict maintenance of the security, living and sanitation conditions, and at the completion of these works the granting of the Occupation or Utilization License will proceed.

Occupation of Buildings Declared in SAFO and on Un-Developable Land

Andalusian Decree 2/2012, about the regime of the buildings and settlements on un-developable land, states that the buildings declared in Situation of Assimilated to Outside Planning (SAFO), because of their illegality and disagreement with the urban planning, can never obtain an Occupation License, even if the offense has expired. Actually, the only thing preventing from obtaining the Occupation or Utilization License is the disagreement of the building use. However the same document expressly permits that, after obtaining the recognition of the Situation of Assimilated to Outside Planning, buildings may be affected by the intended use thereof, even if this use disagrees with the urban regulations and planning. The declaration of SAFO, along with its permission of use, enables the supplier companies to provide the basic services, and enables the notaries and registrars to make the registration of the building in the Property Registry.

Unlicensed Buildings Constructed Before 1975 on Un-Developable Land

Andalusian Decree 2/2012 provides that all detached buildings built without planning permission on un-developable land and completed before the entry into force of the Land Law of 1975 are entitled to obtain the Occupation or Utilization License, provided that the building use is the original one or is in accordance with the current urban planning regulations.

Occupation of Buildings on Developable Land and Unconsolidated Developed Land

The buildings on Developable Land and Unconsolidated Developed Land can not receive any Occupation or Utilization License, because the Law on Urban Planning of Andalusia (LOUA) states as a prerequisite that the development works should be completed previously.

Architect Daniel Trujillano

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Legalization of Buildings in Andalusia

Rules for the Valuation of Properties According ECO/805/2003 (III)

Valuation Rules According ECO/805/2003 (III)

Market Value and Replacement Value. Checked Area and Computable Area. Comparable Properties. Urban Levels.

The Spanish Order ECO/805/2003 defines the Market Value (VM) as the price at which the property could be sold on the date of the valuation. In determining the Market Value is necessary to consider:

• that there is no prior relationship between seller and buyer
• that neither the seller nor the buyer holds any personal or professional interest in the transaction, excluding those associated with the cause of the contract
• that the public offering to the market occurs through a proper marketing strategy and with no inside information
• that the price of the property is consistent with the public offer and reflects a reasonable estimate relating to market conditions existing at the date of the valuation
• that the price does not include any taxes or marketing expenses.

Definition of Replacement Value (VR)

The Replacement Value (VR) can be gross or net. The Gross Replacement Value (VRB) is the sum of all the investment costs required to build, on the date of valuation, another property with the same characteristics (capacity, use, quality, etc.) but using current technology and materials. The Net Replacement Value (VRN) is the result of deducting from VRB the physical and functional depreciation of the property on the date of the valuation.

Checked Area and Computable Area

The Checked Area is the floor area as measured by the valuer. The Computable Area is the floor area used in the valuation.

Comparable Properties

Comparable properties are those that are considered similar to the property that is being valued, or appropriate to apply the homogenization, because of its location, use, type, size, antiquity, condition or other relevant physical characteristic.

The Urban Levels of the Land

For the purposes of the valuation, Spanish Order ECO/805/2003 classifies the land into two levels:

• level II: non-developable land
• level I: developable and developed land.

Architect Daniel Trujillano

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Valuation Reports for Properties in Spain

Legalization and Occupation in Andalusia (II)

The Occupation of Legalized Buildings in Andalusia (II)

Occupation License for Expired Buildings that do not Require Adaptation Works

The Urban Discipline Regulations in Andalusia (RDUA) provide the documentation needed for obtaining an Occupation or Utilization License for buildings with expired deadline for the adoption of measures to protect the urban legality. If the building with expired deadline does not require the performance of any building works for the adaptation to the intended use, the documentation required for obtaining the Occupation or Utilization License depends on whether the works comply or not with the urban planning regulations.

Prescribed Building Works that Comply with the Urban Planning

If the building works conform to the urban regulations, the document needed for obtaining the Occupation or Utilization License shall be a Descriptive and Graphic Certificate stating:

• the date of completion of the works
• review about the condition of the building and of its installations
• accreditation about the fitness of the property for the contemplated purpose
• cadastral and registry identification (if applicable)
• current urban conditions
• documentation attesting the correct operation of the installations
• where applicable, certification by the supplier companies about the feasibility of the access to all building installations, without the need of new works.

In this case, the granting of the Occupation or Utilization License will involve a simultaneous recognition of legalization by prescription.

Prescribed Building Works that do not Comply with the Urban Planning

If the works do not conform to the urban planning regulations (in any case, the use must be in accordance with the urban planning) the documentation needed for obtaining the Occupation or Utilization License shall be:

• statement of the Situation of Assimilated to Outside Planning (SAFO)
• review about the condition of the building
• description of the operation of the installations, including certification by the supplier companies.

In this case, the granting of the Occupation or Utilization License will involve the simultaneous recognition of the declaration of SAFO.

Architect Daniel Trujillano

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Legalization Documents for Building Works in Andalusia

Rules for the Valuation of Properties According ECO/805/2003 (II)

Valuation Rules According ECO/805/2003 (II)

Valuation Entity. Updating. Rehabilitation. Antiquity.

In Spain, the Valuation Entities are:

• in general, Valuation Companies approved and registered in the Special Registry of the Banco de España
• for valuations aiming at the mortgage warranty of loans that are or will be part of the coverage of mortgage titles issued by institutions, developers and builders described by the Spanish Royal Decree 685/1982, the Valuation Services of loan entities approved and registered in the Special Registry of the Banco de España.

Updating

Updating a valuation is to review a valuation issued by a Valuation Entity before two years from the date of issuance, or three if the purpose of the valuation is to cover the technical provisions of insurance companies required by the Spanish Royal Decree 2486/1998. The updating can modify the warnings, the conditions or any of the values.

Rehabilitation

A building in rehabilitation is a building, or an element of a building, which has started some works that meet the following requirements:

• they are being performed under a building permit
• they are being performed according to a set of Construction Documents endorsed by the Architects' Association
• they affect at least a 50 per cent of the floor area, involving the improvement of the living conditions (replacing, restoring or upgrading constructive elements or installations) or a substantial alteration of the morphology of the building
• the construction cost reaches, at least, a 50 per cent of the gross replacement value of the building, excluding the value of the land.

In the valuation of an entire building in which a partial reform is being performed, the definition of rehabilitation may be applied to the affected part if the works cover, at least, a complete storey.

Antiquity

For the correct interpretation of the Order ECO/805/2003, the antiquity is the number of years between the date of construction or complete rehabilitation of the property and the valuation date.

Architect Daniel Trujillano

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Valuation Reports for Real Estate Properties in Spain

Legalization and Occupation in Andalusia (I)

The Occupation of Legalized Buildings in Andalusia (I)

Legalization Projects and Occupation Licenses

In Andalusia, when the building works finish, whether with a granted building permit or not, upon completion it will be necessary to obtain an administrative approval for the occupancy and/or utilization, bound for the intended use of the building. Such approval will be formalized by an Occupation License if the building use is residential, and by an Utilization License in the case of any other building use.

Occupation or Utilization License for Buildings with a Building Permit

If the building works are performed counting with a granted building permit, the granting of the Occupation or Utilization License will require to verify that the finished works comply with the terms of the building permit, so it will be necessary to submit the following documents:

• a Statement about the Conformity of the works with the Construction Documents
• documents attesting the functionality of the installations
• the Final Performance Certificate, attesting the completion of the works.

If it turns out that the performed works don't comply with the terms of the granted building permit, the granting of the Occupation or Utilization License will require the prior (or simultaneous) legalization of the performed works, or the replacement of the altered physical reality.

Occupation or Utilization License for Buildings without a Building Permit

The legalization of building works performed without a building permit or breaking the conditions of a granted building permit, restores the disturbed legal order, for the sake of its substitute character of the building permit, but it does not provide for itself the licensing of the occupation or utilization, which will have to be the subject of further administrative actions. In fact, the legalization of a building does not even require that the works are completed, contrary to what happens with the occupation. The application of an Occupation or Utilization License is also required for completed buildings recognized in Situation of Assimilated to Outside Planning (SAFO).

Compliance with Urban Planning

The verification of the compliance with the Urban Planning regulations is not an attribution of the Occupation or Utilization License, but obtaining an Occupation or Utilization License for completed parties which are technically and functionally independent of the rest requires that these parties comply with the Urban Planning regulations and that the rest of the building shows no significant disagreements.

Architect Daniel Trujillano

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Legalization Projects for Building Works in Andalusia

Legalization in Andalusian Un-Developable Land

Legalization of Buildings on Un-Developable Land in Andalusia

Regime of Buildings on Un-Developable Land

In Andalusia, the buildings built on un-developable land (with or without planning permission) which comply with current territorial and urban planning, are subject to the regime established by the Andalusian laws on urban planning for all kinds of land. However, in the case of building works performed without a license or violating the conditions of a granted license is always mandatory to apply for a license (IE, the legalization of the works), whether or not they are completed, and no matter how much time elapsed since the end of the works. While in other types of land the general rule is not forcing the legalization of works in which the offense has expired if they are in conformity with the urban planning regulations, the Decree 2/2012, regulating the regime of buildings and settlements on un-developable land in Andalusia, forces the legalization of any building works performed on un-developable land, although the urban infraction has legally expired. That is, in Andalusia, for the restoration of the disturbed legal order on un-developable land, if the legalization of the works is possible, then there is actually no expiring time frame for the urban planning infractions.

Detached Properties Built Before 1975

Andalusian Decree 2/2012 provides that the regime of the detached properties built without a license on un-developable land and completed prior to the entry into force of the Spanish Land Law of 1975 is assimilated to the regime of the properties built with a granted license, but only if they still carry the same use and typological features that they had before the entry into force of the Land Law and they are not in legal status of urban ruin. Depending on whether or not they conform to the current legislation, those buildings are considered:

• legalized, if they comply with all current regulations
• in legal status of outside planning, if they don't comply.

The recognition of the Situation of Assimilated to the Out of Planning regime (SAFO) is not applicable, because the status of this kind of buildings is comparable to that of the properties built under a granted license. For each building performed without any building permit on un-developable land prior to the entry into force of the Land Law of 1975, is necessary to obtain a municipal certification attesting whether the agreement with the urban planning or the legal status of outside planning, depending on the accordance between the performed works and the territorial and urban planning regulations.

Architect Daniel Trujillano
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Legalization Projects for Buildings in Andalusia

Rules for the Valuation of Properties According ECO/805/2003

Valuation Rules According ECO/805/2003

Spanish Order ECO/805/2003. Purpose, Scope and Principles.

The Order ECO/805/2003 establishes the rules for the calculation of the value of real property in Spanish territory, and for the preparation of reports and certificates for the formalization of the valuation. The purpose of these rules is enhancing the technical and formal quality or the valuation reports, in order to better protect the interests of third parties. The order establishes a single structure with a minimum number of points that the valuer must complete.

Purpose of the Order ECO/805/2003

One of the objectives of the Order ECO/805/2003 is the regulation of the legal regime applicable to the calculation of the value of real estate in Spain, and the preparation of reports and certificates for its formalization.

Scope of the Order ECO/805/2003

The Order ECO/805/2003 applies if the purpose of the valuation is any of the following:

• mortgage warranty of loans that are or will be part of the coverage in mortgage titles
• coverage of the technical provisions of insurance companies
• determining the assets of collective investment real estate entities
• determination of the real estate assets of pension funds.

Valuation Principles

When a valuation company or valuation service acts for any of the purposes that make up the scope of the Order ECO/805/2003, it must fulfill the following principles:

• principle of anticipation: if the property is in economic exploitation, its value is based on the expectations of the income it will likely provide in the future
• principle of purpose: the purpose of the valuation determines the method and the techniques
• principle of highest and best use: if the property is liable to be dedicated to different uses, its value shall be the result of destining it to the best one in economic terms
• principle of probability: if there are several reasonable scenarios, the most likely must be selected
• principle of proportionality: the valuation reports should be developed with appropriate amplitude according to the importance, the use and uniqueness in the market
• principle of caution: if there are several equally likely scenarios, the one which provides lower value must be selected
• substitution principle: the value of a property is equivalent to the value of other similar assets that could replace it
• principle of temporality: the property value varies over time
• transparency principle: each valuation report must contain all the information necessary for easy understanding, and must describe the assumptions and documents used
• principle of residual value: the value attributable to each of the production factors of a property is the difference between the total value and the value that can be attributed to the rest of the factors.

Architect Daniel Trujillano
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Valuation Reports for Real Estate in Spain

Limitation Periods for Urban Offenses in Andalusia

Time Limits for Urban Offenses in Andalusia

Rules for the Legalization of Illegal Buildings

In Andalusia, the Urban Discipline Regulations (RDUA) and the Andalusian Law on Urban Planning (LOUA) establish the following limitation periods for urban offenses:

• for important and major offenses: 4 years
• for minor offenses: 1 year.

Such limitation periods represent the timeframe within disciplinary proceedings can begin, although for the adoption of measures for the reinstatement of the disturbed civil order, either by legalizing the works or by replacement of the altered physical reality (demolition), the timeframe is 6 years since the full completion of the works.

Illegal Constructions with Prescribed Urban Offense

The type of procedure applicable to the buildings performed without building permit or violating the conditions of a granted permit, in which the urban infraction is already prescribed will depend on the situation:

• if the performed works are clearly in disagreement with the urban planning it will be necessary to obtain the recognition of Situation Assimilated to Outside Planning regime (SAFO)
• if the performed works are in conformity with the urban planning and they are completed, its occupation and use, and also the performance of any works on them, will require the recognition or accreditation that the works are in situation of urban conformity, and the legalization will be automatically granted by prescription.

If the performed works are in conformity with the urban planning but they are still not completed, the urban offense cannot be considered prescribed, so the legalization will be mandatory.

Rules for the Legalization of Building Works in Andalusia

The legalization of building works performed without building permit, or violating the conditions of a granted permit, is subject to the same documentary, procedural and adjudicative rules that apply for obtaining a building permit. In other words, the legalization of building works is proposed as an equivalent substitute for the building permit. The current urban legislation in Andalusia (LOUA and RDUA) does not specify the required documentary content for the Legalization Projects, but in establishing that the rules for the application are the same as for building permits it suggests that the documents needed shall be equivalent to the Construction Documents established by the RDUA for the processing of building permits.

Architect Daniel Trujillano

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Legalization Documents for Buildings in Andalusia

Value Module M for Cadastral Valuations in Spain

Module M for Determining the Value of Properties in Spain

M, MBR and MBC Modules

The revised text of the Spanish Law of Cadastre (R.D.L. 1/2004) provides that the determination of the Cadastral Value should take into account the market circumstances and values, which cannot be exceeded. One of the instruments that allow the correlation between Cadastral Value and Market Value is the Value Module M. This module must collect the variations experimented over time by the Market Value of the urban real estate, according to the market analysis performed by the General Directorate of Cadastre.

Current Value of Module M

The value of the Module M that is considered current is still the one set by the Order EHA/1213/2005, which established 1,000 Euros per square meter.

Current Values of MBR and MBC Modules

The application of factors for the diversification of the land and the construction results in the MBR and MBC Modules. The Circular 01.04/14/P of the General Directorate of Cadastre established, for the year 2014, Impact Values ranging from 25 Euros per square meter, corresponding to the MBR-6 and MBR-7, to 3,886 Euros per square meter, corresponding to the MBR-1. The current values for the module MBC were determined in Circular 01.04/08, which assigned a construction value ranging between 400 Euros per square meter, corresponding to MBC-7, to 700 Euros per square meter, corresponding to MBC-1. The MBR and MBC Modules apply to Statement of Values affecting all the urban properties of the municipality, and also to any subsequent partial Statement.

Architect Daniel Trujillano
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Valuation Reports for Buildings in Spain

Buildings Assimilated to the Outside Planning Regime (II)

Properties Assimilated to the Outside Planning Regime (II)

Technical Certificate for Particularized Recognition

The particularized recognition of a building assimilated to the outside planning regime provides a valid document for the definitive hiring of the services provided by the suppliers of electricity, water, gas and telecommunications. It also allows access to the Property Registry for the recognized building, by the inscription with notice about its particularized situation. After obtaining recognition, all repair and maintenance works required by the strict preservation of the safety and health conditions of the building will be authorized.

The Technical Certificate

Normally, the inscription in Title Deeds of buildings performed under the prescription of an urban infraction will require a technical certificate stating about the description and the antiquity of the performed works. However, to obtain the resolution of building assimilated to the outside planning regime, such certificate should contain:

• complete identification of the affected property, indicating the number in the Property Registry (if it's already registered) and geographic location by cadastral reference
• date of completion of the building, properly accredited by any valid evidence document
• the use to which the property is intended
• expert opinion about safety, habitability and health conditions, considering the building use
• expert opinion about the installations, considering the autonomous character, the environmental sustainability and the current regulations, and considering the building use
• if the building lacks of some installation, a description of all necessary works needed for the provision of every basic service required.

In other words, the procedure for the recognition of building assimilated to the outside planning situation requires drafting a set of technical construction documents, and not just a certificate of antiquity.

Architect Daniel Trujillano
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Legalization Documents for Buildings in Andalusia

Value Module M, Coefficient RM and Amendment of the Statement of Values

Module M, Coefficient RM and Statement of Values

Cadastral Value, Market Value and Individualized Value

Spanish Law 39/1998, regulating local treasuries, states that the Cadastral Value of the real property must be determined by reference to its Market Value. In order to give effect to that reference, the Cadastral Valuation procedure uses two main tools:

• value Module M, which aims to capture the variations in the Market Value of the urban real estate, according to market analysis made by the General Directorate of Spanish Cadastre, by fixing the value of the real estate product and by serving as a basis for the values of the land and the construction
• coefficient of Market Relationship (RM), which acts on the individualized valuation of the goods resulting from the Statement of Values, in order to ensure uniform reference to Market Values.

A change in the value of the module M does not alter the relationship between Cadastral Values and Market Values.

Individualized Value Resulting from the Statement of Values

The individualized value resulting from the Statement of Values is obtained by adding the value of the land in the plot and the replacement value of the building. Both values and their sum must be corrected in accordance with the provisions of the Valuation Technical Regulations. If the building is completed, the result must also receive the application of a coefficient relating the costs and benefits of the development.

Application of the Coefficient RM

The application of the coefficient of Market Relationship (RM) requires that the Statement of Values affects all the urban properties of the municipality. The coefficient is applicable to the individualized values resulting from the amendment procedures of the Statement.

Amendment of the Statement of Values

The amendment of a Statement of Values requires to adopt:

• the criteria and guidelines for the National Coordination of Values under which the Statement of Values was approved
• the homogeneous economic areas, modules, bands of coefficients and weightings contained in the Statement of Values
• the conversion factors that may be applicable to the Cadastral Values resulting from the Statement of Values.

The amendment process requires all the documents needed to define the scope of the amendment. It must state the new values for the streets or street sections. Where appropriate, it must establish the new delimitation of urban land. Every amendment to a State of Values should be justified by analysis and conclusions contained in market studies on the affected territory.

Architect Daniel Trujillano
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Valuation Reports for Properties in Spain

Buildings Assimilated to the Outside Planning Regime (I)

Properties Assimilated to the Outside Planning Regime (I)

Particularized Recognition. Resolution and Consequences.

The Andalusian Urban Discipline Regulations specify that the works, installations, facilities and buildings made in breach of the Urban Planning regulations, for which is no longer possible to adopt measures for protecting and restoring the legality, because of the time elapsed, become Assimilated to the Outside Planning Regime. In this situation, the registration of the building in the Property Registry requires that the competent authority, ex officio or upon request, provides the Particularized Recognition of the situation. The administrative procedure for obtaining the resolution of Assimilated to the Outside Planning Situation is not compulsory and is subject to the payment of a fee.

Consequences of the Particularized Recognition

Although obtaining the Particularized Recognition of Assimilated to the Outside Planning Regime does not mean the legalization of the performed works, it does involve at least one official recognition about the following circumstances:

• the very existence of the building
• the absence of any punitive proceedings
• the legal impossibility of adopting any measure involving the restoration of the disturbed legal order or the replacement of the altered physical reality
• the location outside any special protection un-developable land, outside the Area of Shoreline Influence, and outside areas for public facilities
• the location on a land without risk of erosion, landslides, floods or other natural or artificial risks.

Title Deeds and Particularized Recognition

The granting of the Title Deeds does not require to provide the Particularized Recognition of Building Assimilated to the Outside Planning Situation. The particularized administrative resolution can be obtained afterwards.

Resolution and Administrative Silence

The administrative procedure needed for obtaining the Recognition of Assimilated to the Outside Planning Situation can result in a refusal. In addition, the administrative silence is, in these cases, negative.

Architect Daniel Trujillano
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Legalization Documents for Buildings in Andalusia

Legalization of Buildings on Undevelopable Land

Legalization Projects on Undevelopable Land

Communication. License. Settlements on Undevelopable Land. Inspection Plans.

Andalusian Decree 2/2012 establishes the regime of buildings and settlements on Undevelopable Land in Andalusia.

Administrative Communication

Among the detached buildings on Undevelopable Land, Andalusian Decree 2/2012 differentiates the buildings that conform to the current Urban and Territorial Planning, and within that classification, it differentiates the buildings that have been built without any Building Permit or violating the conditions of a granted Building Permit. For such buildings, the Decree provides that the City Council should notify the owner about the opportunity to formalize the legalization.

License and Legalization in Andalusia

Notwithstanding the administrative requirement of legalization, the owner should always apply for the License, according to the procedure described in the Andalusian Law on Urban Planning (LOUA) and the Urban Discipline Regulations.

Urban Settlements in Undevelopable Land

The legalization of completed buildings belonging to urban settlements in Undevelopable Land requires the following circumstances:

• they must comply with the Urban Planning
• the urban infrastructure must be endorsed by the City Council
• all legal obligations established by the LOUA must be fulfilled.

If the buildings are still under construction, the legalization will also require:

• all urban infrastructure works should be previously performed, or
• all requirements imposed by the LOUA for the simultaneous development of infrastructure works and building works should be fulfilled.

Municipal Plans of Urban Inspection

Among all the documents required by the Urban Discipline Regulations for the Municipal Plans of Urban Inspection there must be an inventory including an identification of all the buildings, settlements, subdivisions and other actions that should be included in a legalization process, according to the applicable Territorial and Urban Planning, for each class and category of the land.

Architect Daniel Trujillano

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Legalization Documents for Building Works in Andalusia

Waste Management in Spanish Demolition Projects (II)

Waste Management in Demolition Projects in Spain (II)

Obligations of the Waste Producer. Content of the Management Study.

In Spain, every Producer of demolition waste must meet the following requirements:

• adding a Waste Management Study to the Construction Documents of the Demolition Project
• including, in the Waste Management Study, an inventory of all the hazardous waste that can be generated
• providing the selective removal of the hazardous waste, in order to avoid the mixing with other kinds of waste
• ensuring the delivery of the hazardous waste to authorized managers
• managing the demolition waste on-site, or delivering them to a Recovery or Disposal Facility, for treatment by an authorized Waste Manager
• having documentation proving that all the demolition waste actually produced have been managed under the terms established in Spanish Royal Decree 105/2008 and in the Waste Management Study of the Demolition Project, and keeping it for at least five years
• in case of demolition works subject to planning permission, providing, where appropriate, the bond or financial warranty needed to ensure compliance with the requirements of the license in relation to the Waste Management.

Content of the Demolition Waste Management Study

Every Demolition Waste Management Study should contain, at least, the subsequent information:

• an estimate of the amount of demolition waste that will be generated in the works, expressed in tons and cubic meters
• on-site measures for waste prevention
• reuse, recovery or disposal operations to perform on the waste
• on-site measures for the separation of the waste
• plans describing the facilities where the demolition waste will be stored, handled, separated and will be subject of any other management operations on-site
• reference to the part, inside the Document of Specific Technical Requirements, that has relation with the storage, handling, separation and other management operations to apply on the demolition waste on-site
• assessment about the expected cost of the Demolition Waste Management, which should be a separate chapter inside the Schedule of Construction Costs.

Exemptions

The referred obligations are not applicable to Demolition Waste Producers in minor construction or repair works for homes, which are only subject to the requirements laid down by local authorities in their respective bylaws.

Architect Daniel Trujillano

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Demolition Projects for Buildings in Spain

PD03. Legalizing Building Works in Andalusia

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Legalization Projects for Construction Works in Andalusia

The General Review of Building Works (IV)

General Review in Spain (IV)

Construction Manager. Builder in Charge.

In Spain, the Construction Manager ('Jefe de obra' in Spanish) is the person representing the builder. The Spanish Law on Construction Planning requires the Construction Manager is a technician who, by his qualifications or experience, have an adequate capacity for the type of the work to perform. In small construction companies, it's frequent that the Construction Manager has no qualifications at all, so his working experience will have to be enough to provide all the knowledge required to perform his functions. In medium and big companies, the Construction Manager use to have some technical degree, normally Technical Architect, but he can also be an Architect or Engineer. The basic functions of the Construction Manager are:

• supervising the performance of the works, in direct contact with the Builder in Charge
• controlling the costs
• planning time frames
• acting as the builder representative at meetings with subcontractors
• representing the construction company at meetings with the Professional Managers and the Developer
• reporting on the progress of works
• designating a responsible agent for safety and health issues on behalf of the company
• organizing the purchase of materials and the hiring of trades
• submitting Certificates of Work, for the consideration of the Professional Managers
• reporting any anomaly or incident to the Professional Managers, if they arise and can cause problems for the right performance of the works
• taking measures to prevent the incursion of outsiders on site
• taking measures to prevent incidents that may detriment the safety of the work.

The Builder in Charge

The functions of the Builder in Charge ('Encargado' in Spanish) are:

• receiving materials and signing invoices, without technical control
• controlling the performance and order of the different jobs
• controlling all the trades, avoiding interference between them
• controlling stockpiles
• controlling machines and tools.

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Info03. Legalization of Building Works in Andalusia

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Legalization Documents for Buildings in Andalusia

The General Review of Building Works (III)

General Review in Spain (III)

Coordinator for Safety and Health. Types of Builders.

If the works of a building project involve more than one company or freelancer, the developer must designate a Coordinator for Safety and Health during the performance of the works. According to the Spanish LOE (Law on Construction Planning), the enabling qualifications to serve as a Coordinator for Safety and Health in building projects are:

• Architect
• Technical Architect
• Engineer
• Technical Engineer.

The Coordinator for Safety and Health shall perform the following functions:

• coordinating the implementation of the general principles of prevention and safety in making technical decisions, in order to plan the work to develop
• coordinating the activities of the work, in order to ensure that contractors, subcontractors and freelancers apply the principles of preventive action in a consistent and responsible manner
• approving the Safety and Health Plan prepared by the builder and, when applicable, the modifications introduced therein
• organizing business activities
• coordinating actions to control the correct application of the working methods
• taking measures to limit the access to the building works.

When the building works are not very complex, the developer tends to shift the appointment of the Coordinator to any of the professionals in the Professional Management, either the Director of the Works or the Director of the Performance of the Works.

The Builder

Construction firms can respond to the following classification:

• small companies: they have little business infrastructure and use to outsource some services
• medium companies: they have some technician workforce, which use to act as representative on site
• big companies: they have complex charts composed of delegates, team leaders, production managers, etc.

Small companies use to pursue reform projects for homes, shops and public buildings, and new-building projects for single houses and small housing developments. Medium companies access to more types of works, through tender or auction. Big companies reach high budget building projects.

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Video 04: Legalization Process for Construction Works in Andalusia

Architect Daniel Trujillano
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Legalization Documents for Buildings in Andalusia

The General Review of Building Works (II)

General Review in Spain (II)

Professional Management. Director of the Works and Director of the Performance.

In Spain, the Professional Management of the Works is formed by the Director of the Works and the Director of the Performance of the Works. The mission of the Professional Management is leading the development of the works in accordance with the Construction Documents, the Building Permit, other mandatory authorizations and the conditions of the Contract.

Obligations of the Director of the Works

The Director of the Works must meet the following requirements:

• to be in possession of the enabling degree, and meet the necessary conditions for the exercise of his profession
• to verify the stakeout of the designed foundation and establish its suitability to the Geotechnical characteristics of the ground
• to verify the stakeout and suitability of the designed structure
• to cooperate in the resolution of any contingencies that occur during the works
• to record his instructions in the Book of Orders, in order to facilitate the correct interpretation of the Construction Documents
• to draft modifications in the Construction Documents, whenever they come required by the progress of the works and adapt to regulatory provisions referred to and observed in the Construction Documents
• to subscribe the Act of Stakeout
• to subscribe the Certificate of Completion of the Works
• to subscribe partial certifications
• to subscribe the Final Settlement
• to subscribe and deliver the Performed Work Documents.

The Director of the Performance

The primary mission of the Director of the Performance of the Works is to direct the material performance and control the quality and quantity of the performed works. The duties of the Director of the Performance of the Works are:

• to be in possession of the enabling degree, and meet the necessary conditions for the exercise of his profession
• to verify the reception of materials
• to arrange the making of tests
• to direct the material performance, by checking stakeouts, materials and the proper performance and disposal of the construction elements and installations, all in accordance with the Construction Documents and with the instructions of the Director of the Works
• to record his instructions in the Book of Orders
• to subscribe the Act of Stakeout
• to subscribe the Certificate of Completion of the Works
• to draft and subscribe partial certifications and the final settlement of the completed units
• to cooperate with the other agents in the preparation of the Performed Work Documents, by presenting the results of the conducted monitoring.

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PD02. Legalization Documents for Construction Works in Spain

Legalization Documents for Building Works in Spain from Arquitecto Daniel Trujillano

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Technical Documents for the Legalization of Construction Works in Spain

The General Review of Building Works (I)

General Review in Spain (I)

Responsibility. Replacement.

In Spain, the Director of the Works ('Director de obra' in Spanish) is the ultimate authority during the performance of the works, whatever the type of his recruitment. His function is the General Review of the works during the construction process, and this is an independent professional activity, so it is possible that one single building project has one architect assigned to the Architectural Design and the Construction Documents, and another architect assigned just for the General Review. It can also happen that the same construction work has several Directors, all of them assigned together.

Responsibility of the Director of the Works

If an architect accepts making the General Review of the works in a building project and he is not the author of the Construction Documents, he will be forced to assume the responsibilities arising from any possible deficiency that may be present in them. However, he will be entitled to recourse against the author of the documents. Moreover, when the construction is completed, he shall be responsible, together with the Director of the Performance of the Works ('Director de la Ejecución de la Obra' in Spanish), about the veracity of the statement on the Certificate of Completion of the Works ('Certificado final de obra' in Spanish). When several architects are hired as Directors of the Works, all of them will share the responsibility.

Replacement of the Director of the Works

If the Developer ('Promotor' in Spanish) decides to terminate his contract with the Director of the Works, or the Director decides to resign, the architect who comes to accept the new contract will have to notify the event to the Architects' Association and to the ceased architect, and his assignment will not become effective until the removal, replacement or resignation of the substituted architect is drafted and signed. The replacement shall be recorded in the Book of Orders and Assists ('Libro de órdenes y asistencias' in Spanish). The responsibility of the outgoing architect will be limited just to the works performed under his direction. The incoming architect, new Director of the Works, will have to take on the Construction Documents and the portion of the works already performed. The procedure requires drafting an Act of Acceptance and Transfer of Authority, which will state the current status of the works. The Act of Acceptance shall be submitted to the Architects' Association, and the replacement shall be notified to the City Council.

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Info02. Legalization of Buildings in Spain

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Legalization Documents for Buildings in Spain

Waste Management in Spanish Demolition Projects (I)

Waste Management in Demolition Projects in Spain (I)

Demolition Works. The Producer and the Holder of the Waste.

One of the objectives of the Spanish Royal Decree 105/2008, on the Production and Management of Construction and Demolition Waste, is the establishment of a legal framework for the production and management of waste from demolition works, in order to encourage its valuation through the following ways:

• preventing
• reusing
• recycling
• other forms.

The Decree provides also that demolition waste intended for disposal operations must receive adequate treatment.

The Demolition Works

Spanish Royal Decree 105/2008 defines the demolition works as those involved in the demolition of a building, a sports facility, a leisure facility or civil engineering works. Any facility that provides exclusive service to the demolition work, such as treatment facilities for the waste, will be considered a part of the demolition work.

Producer of the Demolition Waste

The Producer of the demolition waste ('Productor' in Spanish) is the owner of the demolition permit. If the demolition work does not require any permit, the Producer will be the legal owner of the property where the demolition works will be located. The importers or purchasers of demolition waste in any state of the European Union will also be considered Demolition Waste Producers.

Holder of the Demolition Waste

The Holder of the demolition waste ('Poseedor' in Spanish) is any person who has possession of the demolition waste without being a Waste Manager. In any case, the person or company who performs the demolition works will be considered Demolition Waste Holder, and that may include:

• the building company
• the subcontractors
• the freelancers.

The labors will never be considered Demolition Waste Holders.

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Demolition Projects for Buildings in Spain

Measuring Floor Areas in Spain – GFA and GIA

Gross Floor Area and Gross Internal Area in Spanish Buildings from Arquitecto Daniel Trujillano

Video 03: Legalization Projects for Construction Works in Spain

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Legalization Projects for Buildings in Spain

Info00. Gross Floor Area and Gross Internal Area in Spain

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Measurement Reports for Buildings in Spain

Legalization of Buildings in Andalusia (II)

Legalization of Construction Works in Andalusia (II)

Effects of the Resolution. Light Nonconformities and Non-Fulfillment.

The resolution of the legalization procedure produces the following effects:

• if the license gets granted or, if applicable, the actions become considered consistent with their authorization, the construction works will be considered legalized
• if the license gets denied or, if applicable, the actions become considered not consistent with their authorization, an order for restoring physical reality will be issued.

Light Nonconformities

If the replacement of physical reality is considered difficult or impossible and the non-conformities of the performed works with applicable urban planning are not substantial, it will still be possible to apply and obtain legalization, exceptionally. In order to discern whether nonconformities with urban planning are substantial or not, current Regulations on Urban Infractions in Andalusia considers the following rating criteria:

• excess in floor area, in relation to authorized parameters
• visibility from the street
• affection of the performed construction works over the rest of the building complex
• robustness of the performed works
• affection to architectural barriers to the handicapped.

If the developer was formerly sanctioned because of serious urban planning offenses, he will not be able to benefit from the application of this principle.

Non-Fulfillment of the Legalization

If the time allowed in the process of protecting urban planning law expires and the developer does not apply for the legalization or, if applicable, does not fit the performed construction works to their authorization, the acting Public Administration will proceed according to the following cases:

• If the legalization is possible, it will impose up to 12 coercive fines, until the legalization gets applied or, if applicable, the performed construction works get adjusted to the authorization. If, after imposing the 12th fine, the correction has not yet produced, the replacement of the physical reality will be ordered, and the developer will be forced to pay for it.
• If the legalization is not possible, it will order the replacement of the physical reality.
• If the performed construction works are manifestly incompatible with the urban planning, the City Council, or other public entity responsible for urban planning, will order the immediate demolition of the works, after hearing with the developer.

Legalization Procedure and Disciplinary Procedure

The appreciation of the alleged commission of an urban planning offense should always give rise to the initiation, investigation and resolution of a relevant disciplinary procedure, no matter if the legalization is possible or not. The procedure derived from the requirement for the application of the legalization of the performed construction works, or for replacing the physical reality, should be instructed and resolved regardless of the disciplinary procedure, but both procedures should be developed in a coordinated manner.

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Legalization Documents for Buildings in Andalusia