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.

Scope of the Valuation Methods in Spain (II)

Scope of the Different Methods for the Valuation of Properties in Spain (II)

Spanish Order ECO/805/2003

The rules established by Spanish Order ECO/805/2003 for the valuation of  real estate apply whenever the appraised value is used for any of the following purposes:

• mortgage warranties for loans that are or will be an integral part of the portfolio issued by the kind of entities described in the R. D. 685/1982, developing aspects of the Law 2/1981, about regulation of the Mortgage Market in Spain
• determination of a fair value for the purposes of the registration and second valuation standard in the Accountability Plan of insurance and reinsurance companies (R.D. 1317/2008), and determination of the valuation of assets for the purposes of the Law 20/2015, about management and supervision of insurance and reinsurance companies in Spain
• valuation of the assets of the real estate collective investment institutions regulated by the Spanish Royal Decree 1309/2005, approving the Regulation of the Law 35/2003, about Collective Investment Institutions in Spain
• valuation of the property assets of Pension Funds (R.D. 304/2004, approving the Pension Fund Regulation in Spain).

If the purpose of the valuation is among those listed above, the assessment can be made by the following technical methods:

• Method of the Cost: for the valuation of all types of buildings and building elements, whether in project phase, under construction, already finished or during a rehabilitation process
• Method of Comparison: for the valuation of all types of properties, provided that the requirements set out in Article 21 are met
• Method of Income Update: for the valuation of all kinds of properties susceptible to produce income, provided the requirements set out in Article 25 are met
• Residual Dynamic Method: for the valuation of urban or developable land, built or not, and of buildings in design phase, construction phase or during a rehabilitation process, no matter if the works are paralyzed
• Residual Static Method: for the valuation of plots and buildings during a rehabilitation process where the construction or rehabilitation works are entitled to begin within a period not exceeding one year, and also built plots.

Scope of the Valuation Methods in Spain (I)

Scope of the Different Methods for the Valuation of Properties in Spain (I)

R. D. 1020/1993 and R. D. 1492/2011

The primary purpose of the Spanish Royal Decree 1020/1993, about Valuation Rules and Value Frame for Land and Construction, is the determination of the Cadastral Value of urban properties, whose data constitute the Spanish Urban Real Estate Cadastre. Moreover, the Spanish Law 58/2003, about General Taxes, states that the value of the real estate affected by tax obligations can be checked by the Administration using the values ​​established by the Real Estate Cadastre, by applying the multiplier coefficients determined by competent tax authorities, as established by regulation. For all the above, the technical standards of valuation expressed in Royal Decree 1020/1993 apply for the following purposes:

• determination of the Cadastral Value of any urban real estate
• determination of the tax base in the tax about Property Transfer and Documented Legal Acts
• liquidation of the taxable events of the tax about Successions and Donations.

Spanish Royal Decree 1492/2011

The Spanish Royal Decree 1492/2011, about the Valuation Rules of the Spanish Land Act, applies to the valuation of land, facilities, buildings and constructions, and of rights made in connection therewith, whenever the final purpose is one of the following:

• checking the sharing of benefits and burdens, or other operations required by the implementation of the territorial and urban planning in which the valuation delimits the financial content of powers or duties associated with the right to property, in the absence of agreement among all affected subjects
• determination of fair compensations in expropriations, regardless of the purpose and the laws governing the process
• determination of the amount payable to the owner in cases of forced sale or substitution
• determination of the financial guarantee of a Public Administration.

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.

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

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

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

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

Valuation Reports for Real Estate Properties in Spain

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
http://www.arquitectotrujillano.com/valuation/home.html
Valuation Reports for Real Estate in Spain

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
http://www.arquitectotrujillano.com/valuation/home.html
Valuation Reports for Buildings in Spain

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

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.

Architect Daniel Trujillano

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Architectural Services for Construction Projects in Spain

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

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

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Architectural Services in Spain

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.

Architect Daniel Trujillano

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Architectural Services for Building Works in Spain

Info02. Legalization of Buildings in Spain

Architect Daniel Trujillano

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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.

Architect Daniel Trujillano

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

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

Info00. Gross Floor Area and Gross Internal Area in Spain

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Architect Daniel Trujillano

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

Measurement Reports for Buildings in Spain