Certificates of Energy Efficiency for Buildings in Spain

Certification of the Energy Efficiency of Buildings in Spain

Purpose and Basic Procedure

In 2013 came into force the Spanish Royal Decree 235/2013, approving the Basic Procedure for the certification of the energy efficiency of buildings. This Royal Decree partially transposes the European Directive 2010/31/EU, recasting the Spanish Royal Decree 47/2007. The Royal Decree 235/2013 does not set the minimum requirements for energy efficiency, since the definition of such requirements must be made by the Spanish Technical Building Code (CTE), but establishes the obligation to make available to buyers or users of buildings a Certificate of Energy Efficiency that must include:

• accurate information about the energy efficiency of the building
• reference values, ​​such as minimum energy efficiency requirements.

Purpose of the Energy Efficiency Certificate

The purpose of the Certificate is to provide to the owners or tenants of all or part of the building the opportunity to compare and evaluate its energy efficiency. It is intended that such evaluation and comparison will promote the development of buildings with high energy efficiency, as well as the investment in energy savings. In addition, the information provided by the certificates, about CO2 emissions caused by the use of energy by emitting sources in the residential sector, will allow the adoption of future measures in order to reduce emissions and improve the energy rating of  the Spanish buildings.

The Basic Procedure

The Spanish Royal Decree 235/2013 establishes the Basic Procedure to be followed by the methodology for the calculation of the energy efficiency rating, considering:

• which factors have more incidence in the energy consumption
• which technical and administrative conditions must affect the certification of the energy efficiency of buildings.

Almost Zero Energy Consumption

The European Directive 2010/31 /EU establishes the dates from which all buildings to be constructed in Europe will have to be featured by an “Almost Zero Energy Consumption”. These dates are:

• for public buildings, on 31 December 2018
• for private buildings, on 31 December 2020.

In Spain, the Technical Building Code will have to set the required standards affecting the buildings in order they can be considered “Almost Zero Energy Consumption”, when the time comes.

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Technical Inspection of Buildings in Spain

Technical Inspection of Buildings in Spanish Royal Decree 8/2011

Obligation, Requirements, Authority, Effectiveness and Justification

On July 2012 came into force the provisions in Article 21 of the Spanish Royal Decree 8/2011. That article refers to the mandatory Technical Inspection of Buildings in Spain.

The Obligation of the ‘ITE’ in Spain

In Spanish, ‘ITE’ is an acronym for ‘Inspección Técnica de Edificios’ (Technical Inspection of Buildings). Spanish Royal Decree 8/2011 stipulates that all buildings whose age exceeds fifty years (unless regional regulations prescribe other age) and whose intended use is preferably residential, must be subject to regular Technical Inspections, provided they are located in the following municipalities or zones:

• municipalities with more than 25,000 inhabitants (unless regional regulations prescribe other standards)
• municipalities where Administrations define specific zones subject to this practice
• municipalities where regional regulations provide the application of this practice, even if they don’t have specific zones defined.

All required buildings should have received their first Technical Inspection before 2015.

‘ITE’ Requirements in Spain

The regular Technical Inspection should be applied depending on the age of the buildings, and should be intended to ensure their good condition. Each Technical Inspection must be able to:

• assess the adequacy of the property to all legally required conditions of safety, health, accessibility and aesthetics
• determine the conservation works necessary to maintain the property in a legally enforceable condition.

Authority for the Regulation of the ‘ITE’ in Spain

The Autonomous Communities should regulate the method, timing and conditions under which the Technical Inspections of Buildings must be carried out. All regulations imposed by municipalities can only be developed within the framework of national and regional standards.

‘ITE’ of Real Estate Complexes

If a Technical Inspection refers to an entire building or a building complex, its effectiveness must be extended to every shop, office, dwelling or unit that belongs to it.

Justification of the Legal Conservation Duty

If a Technical Inspection report states some deficiencies in the building, the report itself will not be able to justify the compliance with the legal duty of conservation. Such justification may only be enforced after the certification of the effective performance of the conservation works required to recover the legally enforceable condition of the building.

Illegal Construction Works in Andalusia

Illegal Building Works in Andalusia

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

Valuation Rules According ECO/805/2003 (VII)

General Warnings

According Spanish ECO/805/2003, we find a ‘warning case’ whenever we have doubts about any of the data used in the calculation of the technical values. At a minimum, we should consider the following cases:

• when there is a discrepancy between the physical reality of the property and its description in the Property Registry or the Cadastre, if such discrepancy does not lead to doubt about the identification and do not affect the calculated values
• when the property is not in accordance with the applicable urban planning, unless some conditioning have been stated or it was not possible to verify the system of protection of the architectural heritage
• when the valued property is subject to expropriation or was constructed on the basis of a license or an administrative authorization containing conditions, which if not met, may result in changes to the certified value
• when the valuation has been calculated using different methods than those stated in Spanish Order ECO/805/2003
• when the maximum legal value was calculated in absence of some of the required documents
• when the valuation was calculated in absence of the necessary documents to calculate cash flows
• in rural properties, when the valuation was calculated in absence of the cadastral documentation or the documents describing the operating system
• in the valuation of buildings under construction or rehabilitation for the finished building hypothesis, when the valuation was calculated in absence of a complete set of the Construction Documents already endorsed by the Architects’ Association, or the final certification of the performed work, or the Building Contract, or the Schedule of Construction Costs
• in buildings whose main use is housing, when the valuation was calculated in absence of the document attesting the expedition of the decennial insurance for property damage
• in buildings in horizontal property regime or building elements different than houses or garages, when the valuation was calculated in absence of the statutes of the homeowners, an equivalent document or a Certificate by the community manager, certifying the limitations of use or other circumstances able to affect the value
• when the Cadastral Reference does not exist or can not be known by the means provided in the revised text of the Law on Real Estate Cadastre, or through the Virtual Office of the Cadastre
• in properties located abroad, when the valuation was calculated in the absence of all the documentation that, in accordance with the rules applicable in the country where the property is located, may have some influence on the value of the property.

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

Valuation Rules According ECO/805/2003 (V)

Statement of the Values. Checks. Land Area. Mortgage Value. Intermediate Valuation.

When valuing a Real Estate in Spain, the values should be stated in a report and, where appropriate, a Certificate of Valuation.

Minimum Checks

The valuation of a property requires to perform all necessary checks to know the characteristics and the actual condition. Among the checks that should be performed, the following ones should always be included:

• physical identification of the property, through its location and visual inspection, checking if its floor area and other characteristics match the description
• identifying all visible servitudes
• conservation status or condition
• occupancy status
• use or exploitation intended for the property
• public protection regime, if it’s about housing
• architectural heritage protection regime
• agreement of the property with all applicable urban planning regulations
• where applicable, availability of right to the valued urban use.

Land Area

In order to calculate the value of a land or a country estate, the area to consider should be checked by the appraiser. If this testing is not feasible, the appraiser should use the lowest value between the Registry Area and the Cadastral Area.

Definition of Mortgage Value (VH)

The Mortgage Value or VH (‘Valor Hipotecario’, in Spanish) is defined as the value of the property as determined by a prudent valuation, taking into account all market conditions, the use at the time of the valuation and any possible alternative uses.

Definition of Intermediate Valuation

The Intermediate Valuation of a construction work is any of the valuations that are issued after the initial valuation and during the construction or rehabilitation process of a building or an element of a building. The Intermediate Valuation reflects the progress of the works and the percentage of work performed, but its issue does not involve the updating of the values ​​contained in the initial valuation.

Definition of the Final Product in a Feasibility Study

Product Definition in the Feasibility Study

Probabilistic Approach. Selling Prices.

The Feasibility Study of a building project is based on estimates (mainly about time and costs) and assumptions (e.g., evolution of the market). As a result, it can only be considered by way of approximation, subject to an inevitable error margin. Real estate developments are always developed in an environment of uncertainty, so it is necessary to apply a probabilistic approach that considers all risks associated with the project. This approach makes the results provided by the Feasibility Study to be more comprehensive and reliable, but also less precise. The fundamental equation that should condition the Feasibility Study expresses performance as a result of subtracting cost of sales. Performance is deemed acceptable by applying profitability criteria, among which is the comparison with other investments that provide returns with an equivalent risk.

Definition of the Real Estate Product

In real estate developments, product definition is progressive, so from an initial description, the implementation of the successive phases of the project will provide the definitive features and functions. The Feasibility Study must contain an initial definition of the real estate product, which can be complex to the extent that it may be a product composed of multiple partial products. The initial definition process is subjected to conditions, among which are the following:

• contract terms
• the state of offer and demand in the real estate market
• the legal and technical regulations that may result applicable
• economic and financial demands.

Selling Prices in the Feasibility Study

In the initial product definition provisional sales prices should be set. The establishment of the selling prices of the real estate products is a business task that should be based on two essential requirements:

• final prices should be competitive, based on the market situation and based on the marketing strategy
• the income should always cover the estimated costs, within a certain margin of error, considering direct costs plus an appropriate share of indirect costs.

The marketing strategy should be structured in a set of techniques to promote, sell and distribute the final products. Its suitability can allow sales prices slide upward within the range set by the real estate market.

Phases of a Feasibility Study

Phases of a Feasibility Study for a Building Development

Initial Definition, Preliminary Planning and Profit Analysis

Real estate developments are structured in phases that define the life cycle of the building project. Along the life cycle, costs and resources increase progressively until they reach a maximum level and then decrease. Also, the more you advance in the cycle, the probability of success increases and the risks decrease. In large investment projects, the Feasibility Study should be the first phase of the cycle. The approval and acceptance of the Feasibility Study by all parties involved in the development is a prerequisite for the start of any subsequent phases.

Phases of the Feasibility Study

The purpose of the Feasibility Study is to determine the project's profitability and its comparison with other investments with lower risk. Such determination is made by applying certain criteria to monetary flows, which are calculated on the basis of a preliminary planning which, in turn, requires the availability of descriptive data about the final product sought by the building project, structured in an initial definition. Thus, the draft of a feasibility study may be structured into the following phases:

• initial definition of the final product pursued by the building project
• preliminary planning of the project
• profitability analysis.

The Preliminary Planning Phase

The preliminary planning phase includes the following processes:

• time schedule, with the result of a work program
• economic planning, with the results of the budget and the curves of revenues and expenses
• financial planning, which determines project flows from a funding scenario.

In turn, the time schedule of the project includes the following processes:

• defining activities
• estimating a time schedule for every activity
• determining an appropriate order for the implementation of all activities
• calculating the program.

And the economic planning includes the following processes:

• planning of resources
• estimation of costs
• layout of the costs curve.

The Profitability Analysis Phase

The phase of analysis of the building project's profitability includes the following processes:

• applying profitability criteria on the flows obtained in the planning phase
• evaluation of risks impacting on the profitability of the project.

Regularization of Illegal Buildings in Andalusia

Architect Daniel Trujillano
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Legalization of Buildings in Andalusia

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 (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

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

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
http://www.arquitectotrujillano.com/legalization/home.html
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
http://www.arquitectotrujillano.com/legalization/home.html
Legalization Documents for Buildings in Andalusia

PD03. Legalizing Building Works in Andalusia

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Legalization Projects for Construction Works in Andalusia

Info03. Legalization of Building Works in Andalusia

Architect Daniel Trujillano

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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.

Architect Daniel Trujillano

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Architectural Services for Building Projects in Spain