sábado, 18 de julio de 2020
Technical inspection of buildings
The Technical Building Inspection (ITE) is a technical control that buildings in some Spanish cities must undergo from time to time.
There is no homogeneity in Spain and, in fact, there are municipalities where it is not established.
The ITE obliges the owners of buildings with a certain age to contract a periodic inspection (in many municipalities, the age is 50 years and in others 30 years and the contracting period is also variable).
The ITE is a type of preventive legal maintenance, by which buildings are periodically subjected to the revision of a series of elements that affect the safety of the property and the people who inhabit it.
ITEs are regulated by Royal Decree-Law 8/2011 of July 1 and by the different Municipal Ordinances, which determine the conditions for inspections.
Royal Decree-Law 8/2011 establishes the following in relation to ITE:
Article 21. Mandatory technical inspection of buildings.
1. Buildings older than 50 years, unless the Autonomous Communities set different age in their regulations, preferably intended for residential use located in the municipalities indicated in the third additional provision, must be subject, depending on their age, of a periodic technical inspection that ensures its good condition and due conservation, and that meets, as a minimum, the following requirements.
a Evaluate the adequacy of these properties to the legally enforceable conditions of safety, health, accessibility and decoration.
b Determine the conservation works and works required to maintain the properties in the legally required state, and the time indicated for this purpose.
2. The actions contained in this article will be applied in the form, terms and conditions that the Autonomous Communities regulate. Municipalities may establish their own actions within the framework of state and regional minimums.
3. The inspections carried out by order of the community or group of communities of owners that refer to the entirety of a building or real estate complex will extend its effectiveness to each and every one of the existing premises and homes.
Article 22. Effects of inspection.
When deficiencies result from the inspection carried out, the effectiveness of the document certifying it, in order to justify the fulfillment of the legal duty of conservation referred to in article 9 of the Land Law, will be conditioned to the certification of the completion effective of the works and conservation works required to keep the property in the legally required state, and in the time indicated for that purpose.
Third additional provision. Application of compulsory technical building inspection.
The determinations contained in this Royal Decree-law relating to the technical inspection of buildings will only be applicable in municipalities with a population greater than twenty-five thousand inhabitants, unless the Autonomous Communities set other population standards and those that the Administrations include in the areas or delimiting metropolitan environments. The Autonomous Communities, when the circumstances so advise, may provide for the application of the determinations related to the technical inspection of buildings to municipalities not included in the previous section, and in that case, establish exceptions to compliance with certain buildings according to their typology or its predominant use.
Third final provision. Entry into force.
This Royal Decree-law will enter into force on the day of its publication in the Official State Gazette, except for the provisions of article 21, in relation to the technical inspection of buildings, which will come into force one year after its publication.
Apart from that established by the aforementioned Decree-law, the different ordinances establish the minimum frequency with which buildings must pass the ITE, which vary according to the city and the age of the property.
Likewise, they establish that the obligation to carry out the ITE corresponds to the owner / s of the building, who must hire an independent technician or approved technical inspection entity, in order to issue a report, establishing the state of conservation. thereof, and whether or not it is necessary to carry out conservation / rehabilitation works.
Tips to pass the ITE with guarantees
So that your neighborhood community does not have problems when passing the ITV, it is advisable to take into account a series of aspects, in a brief list we make, from our point of view, some guidelines to follow to avoid later problems.
You must hire a competent technician
The professional who is going to carry out the ITE must be independent and with specific training, our advice is to have during the execution of the works necessary to correct the defects a technician who, where appropriate, is included in the inspection report, who must be in charge of the optional management and must be responsible for their proper execution. To be taken into account to avoid creating a conflict of interest, the technician who carries out the ITE and the contracted company must always be separated to correct the detected deficiencies. In ITE, a technical criterion prevails. A bad praxis can originate the accomplishment of numerous works in a farm, only supported by community spills.
The price of a well performed ITE should not be less than 400 euros, do not trust an ITE too cheap, if it is well done, taking into account the number of homes a building as well as other conditions, it should not be less than 400 euros.
What an ITV must include
In a well done ITV it should include the following data; The visits made to the property, the completion of the minutes, collection of the building,s history, visa of the inspection certificate (optional, the collegial visa of the building inspection certificate is not mandatory, it is recommended, since if the community is visa of owners has full confidence that the technical author of the ITE act is authorized to perform the work with sufficient guarantees and will be covered by civil liability insurance, however it will be mandatory in the final certificates of work in which it is required the presentation of the project) and presentation at the City Hall of your municipality.
Request a pre-ITE
Consider applying for a pre-ITE. Ask the technician for an advance of the possible defects or deficiencies that would be included in the inspection report and thus he will be able to assess and carry out the necessary works prior to the issuance of the report if necessary, avoiding an unfavorable rating, which will direct us to an execution of higher amount.
Possible grants and subsidies
The community must be informed of the aids or subsidies that exist in the area of ??rehabilitation at the local, regional or state level and request them if their property meets the conditions of any of them.
In the case of having an unfavorable inspection report and depending on the degree of the actions to be carried out, we recommend appointing a works commission at the General Meeting of Owners where the different budgets are presented, (Request several, three is a good number and Before opting for the cheapest option, carefully analyze what each one offers, payment methods, delivery of the work done, etc.). This commission must be authorized by the board for the contracting and representation of the property together with the technician in charge of the optional management during the period of time that the work to correct the defects is carried out.
The community of owners must comply, by Law, with the obligation to carry out the works that are necessary for the conservation of the property and its services, thus gathering the best structural conditions, habitability, accessibility, sealing and security.