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.

Architect Daniel Trujillano

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

Architectural Services 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.

Architect Daniel Trujillano

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

Architectural Services for Building Works in Spain

Video 03: Legalization Projects for Construction Works in Spain

Architect Daniel Trujillano
http://www.arquitectotrujillano.com/legalization/home.html
Legalization Projects for Buildings in Spain

Legalization Documents for Buildings in Spain (II)

The Legalization of Buildings in Spain (II)

Drafting Legalization Documents

The Legalization Documents are required when the construction works were performed without the intervention of an Architect.

Technical Documentation

Generally, Legalization Documents refer to construction works that were performed without any Architectural Documents, so the technical and administrative documentation they require is the sum of the documents associated to the Architectural Design phase and the Construction Documents phase, with exception of some documents (Specifications Document, Measurement Document, Order Book, etc.). Normally, Legalization Documents shall consist of the following:

• Description, Justification and Construction Reports
• Justification of Compliance with Spanish Technical Building Code (CTE)
• Justification of Compliance with other Regulations (Telecommunications, Accesibility, etc.)
• Annexes (Fire Protection, Calculation of Installations, Energetic Efficiency, etc.)
• Location Plan, Site Plan, Urban Development Plan, Floor Plans, Elevations and Sections Plans, Structure Plans, Installations Plans, etc.
• Summary of the Construction Cost
• Instructions for Use and Maintenance
• Architect's Certificate
• Common Certificate suscribed by both Architect and Technical Architect, where legally required
• Pictures showing all exterior walls.

Legalization of Unfinished Construction Works

If the construction works are not fully completed, the architectural assignment needed shall be named “Legalization of Performed Works and Construction Documents for the Completion”. In that case, it will be necessary to clearly differentiate the completed parts from the unfinished ones, and the latter will need all documents associated to the Architectural Design phase and the Construction Documents phase, without exception.

Architectural Fees

Typically, fees associated to the professional service of drafting Legalization Documents for construction works are calculated by analogy with those applicable to a new building assgnment.

Endorsement by Architects' Association

According to the Spanish legislation (Royal Decree 1000/2010), during the administrative procedure associated to the legalization of construction works, all Legalization Documents and the Final Performance Certificate must obtain endorsement by the Architects' Association.

Daniel Trujillano, Architect

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

Legalization Documents for Buildings in Spain

Glossary

Glossary for Building Projects in Spain

Definitions

Some terms related to the building process in Spain:

Arquitecto = Architect

The architect is the professional who is member of the Colegio Oficial de Arquitectos of any province in Spain.

Obra = Work

The Work means the total construction and related services required by the construction contract documents.

Presupuesto de Ejecución Material (PEM) = Material Performance Cost

Material performance cost is a price of all project elements designed or specified by, or on behalf of, or as a result of, the coordination by the architect. Material performance cost includes the cost of all materials and labour necessary to complete the Work, and excludes the following:

1. the overhead and the profit of the contractor
2. the full amount of value-added taxes
3. the building permit fees
4. the compensation of the architect and the consultants
5. other professional fees which are the responsibility of the client
6. the land cost, and land development charges.

Anteproyecto = Schematic Design

Schematic design documents to illustrate the scale and character of the project and how the parts of the project functionally relate to each other, based on the mutually agreed upon program of requirements and schedule.

Proyecto básico = Architectural Design

Design development documents drawings and other documents appropriate to the size of the project, based on the client’s approved schematic design documents and agreed estimate of material performance cost.

Proyecto de ejecución = Construction Documents

Construction documents consist of drawings, specifications and other documents appropriate to the size and complexity of the project, to describe the size and character of the entire project including architectural, structural, mechanical, and electrical systems, materials and such other elements setting forth in detail the requirements for the construction, enlargement or alteration of the building or buildings of the project.

Dirección de obras = General Review

General review means review during visits to the place of the Work at intervals appropriate to the stage of the construction that the architect in its professional discretion, considers necessary to become familiar with the progress and quality of the Work and to determine that the Work is in general conformity with the construction contract documents, and so report, in writing, to the client, contractor and chief building official.