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.

Architect Daniel Trujillano

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

Architectural Services for Building Works in Spain

Endorsement by Architects' Association in Spain (I)

Mandatory Endorsement by Architects' Association in Spain (I)

Architectural Services that Require Endorsement by Architects' Association

In Spain, the Royal Decree 1000/2010 identifies which professional services must necessarily obtain Endorsement by a Professional Associtation ('Visado colegial'), as an exception to the client's choice. These are the services in which there is a direct causal link between the professional service and the effect on the physical integrity and security of the people, and in which the Endorsement by a Professional Association is the best-proportioned means of control.

The Royal Decree also specifies the legal regime applicable to cases of Mandatory Endorsement.

Mandatory Endorsements

The Royal Decree 1000/2010 prescribes Mandatory Endorsement by a Professional Association only on the following professional services:

• Construction Documents for building projects
• Construction Completion Certificates in building projects
• Legalization Documents for buildings: Construction Documents and Completion Certificates that, if any, should be provided in administrative procedures for the legalization of building works
• Demolition Documents for buildings where the demolition doesn't require the use of explosives
• Documents related with blasting, explosives, ammunition and pyrotechnic projects
• Documents for exploitation projects of mineral resources.

Partial Documents Endorsement

Although professional services are developed or supplemented by partial documentation and other technical documents, the final documents may be endorsed just once and by only one Professional Association, which must be competent in the subject matter of the work. No need for partial endorsement of documents that are part of them.

The Competent Professional Association

For the mandatory endorsement, the undersigned professional should be directed to the Professional Association which is competent in the principal matter of the professional service. If several competent Professional Associations in the field, the practitioner can obtain the endorsement at any of them.

In the Construction Completion Certificates for building projects, the subject matter includes Direction of the Work and Direction of the Performance of the Work, so it's enough with the endorsement by a competent Professional Association in any of these two subjects.

Any Spanish practitioner can get endorsement at any of the Professional Associations in Spain.

Architect Daniel Trujillano

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

Architecture Services for Building Projects in Spain