The municipalities, either through their ordinances or through the application of regional regulations with the issuance of small rules of application, have taken a step forward opting for the improvement of the conservation of the buildings of their cities improving security both its inhabitants and third parties
The Technical Building Inspection is a visual inspection, performed by a competent technician, to know the general state of a building. It is formalized in a document that consists of a REPORT of the inspection carried out and a final DICTAMEN, endorsed by the corresponding Professional Association, with the opinion on the conditions of the building and the intervention criteria, which must be delivered to the property and the City Council. Its objective is the identification of deterioration caused by external or internal causes, defects, failures or lack of maintenance.
Who are the competent ones? How is the building inspection performed in practice?
This is an autonomous competition and all building inspection communities have developed their own regulations. In a very diverse way, we find municipalities that have not developed the regional regulations, as happens, for example, in Valencia. Others have extensively developed the law (Madrid, Seville or Granada).
The most implanted model in the municipalities that have incorporated the obligation to carry out the ITE periodically in the buildings of municipal scope, incorporates the technical inspection of the foundation and structure, the roofs and roofs, that of the exterior facades and the sanitation network and evacuation.
How is your regulation?
In many of the Ordinances, emphasis is placed on particularly security-sensitive aspects, not only of the users in the building, but also of the pedestrians and people who are in the environment of the building. Some of these elements are: flown, imposts, cornices or balconies. In addition, damages caused by moisture are regulated, both the capillarity coming from the ground and the humidity coming from filtration.
The facilities, both those essential for the safety of buildings, as well as general electrical, fire protection, etc., are left out. And others, because there are specific standards for review and maintenance such as those referring to lifting devices, central heating or gas installations.
A second ITE model is represented by cities such as Cádiz or Barcelona, in which the report must be completed with a description of the construction characteristics of the different construction elements. Thus, the structure is broken down into vertical structure, horizontal structure, stairs, etc. And in addition, a classification of each element must be included according to its danger and especially those that may present an imminent danger.
A third model is grouped around the ITE of cities like Seville or Vigo that incorporates the tendency to perform a more in-depth examination that includes the analysis of the possible causes of the lesions appreciated and, a proposed solution to the pathology observed. In addition, it raises the quantification of the distribution of each element by percentages indicating whether it is in good condition, if it is affected (completely or partially) or, if it is in a dangerous situation.
In any case, the municipalities either through their ordinances, or through the application of regional regulations with the issuance of small rules of application, have taken a step forward opting for the improvement of the conservation of buildings in their cities , improving the safety of both its inhabitants and that of third parties.
Most municipalities have made agreements or agreements with the different professional colleges of architects and technical architects who are the ones who in practice make the reports
Law 9/2001 of July 17, 2001 on the land of the Community of Madrid provides in its Article 169 periodic inspection of buildings and constructions the obligation of the technical inspection of periodic housing for those owners of constructions and buildings older than thirty years . After the first inspection, these properties must be inspected every 10 years, and these periods may be reviewed by Decree of the Community of Madrid.
For its part, the municipality of Madrid regulates the Inspection in its Municipal Ordinance on Conservation, Rehabilitation and Ruinous State of Buildings, of February 23, 1999 (adapted to the aforementioned law), which establishes the obligation to perform a technical inspection that accredits the state of its conditions of security, stability, tightness and structural consolidation, as well as those of habitability, depending on the destination of the construction or building in accordance with the provisions of the applicable urban planning regulations and municipal ordinance.
The conditions related to constructive safety are the following:
1. Structural safety, stability and consolidation, in such a way that the building or parts of the same damage do not occur that have their origin or affect the foundation, the supports, the beams, the slabs, the load-bearing walls or other elements structural that directly compromise the mechanical strength and stability of the building.
2. Security and stability in its construction elements whose poor condition poses a risk to the safety of people, such as chimneys, railings, suspended ceilings, cornices, cladding and ornamental or finishing elements, in particular if they can fall on public roads .
3. Water tightness, avoiding leaks through the façade, roof or the ground, in particular if they affect the habitability or use of the building or may be a cause of lack of security described in the first two sections.
4. Tightness and proper functioning of the general networks of plumbing and sanitation, so that there are no leaks that affect the habitability or use of the building or may be cause for lack of written security in the first two sections.
5. Compliance with the conditions established in the previous points will mean that the building meets the requirements of habitability and use required for the purposes of this technical inspection.
The owners of compulsory buildings and constructions must carry out the first technical inspection of buildings within the year following that in which they turn thirty years from the date of the total completion of their construction or total restructuring works.
Successive inspections will be carried out every ten years. To facilitate them, a register of the buildings subject to inspection will be prepared by the municipal administration. This standard will be exposed to the public for a period of thirty days within the year prior to the start of the period established in the preceding paragraphs and will be announced by publishing edicts in the Official Gazette of the Community of Madrid and in two newspapers of the largest dissemination within the municipality. The inspection will be carried out by competent technicians or by approved and registered technical inspection entities.
There is also a Registry of buildings that includes those buildings and constructions that would have obtained a favorable report of the inspection carried out, as well as those that would have carried out the works ordered as a result of an unfavorable inspection.
The Computerized Building Registry will collect centrally the following data regarding buildings and constructions:
a) Location, characteristics and level of protection where appropriate.
b) Construction date or, failing that, approximate year.
c) Favorable technical inspections.
d) Technical inspections with an unfavorable initial report, indicating the nature of the deficiencies corrected.
The data of the Registry are public, with statistical and informative effects in accordance with the data protection regulations and the common administrative procedure. Citizens may request information on the inscriptions contained in said registry.
There is also a computerized Census building Inspection with the data of those buildings that, subject to technical inspection, have obtained an unfavorable result in accordance with the provisions of this Ordinance. Its content will be related to the report issued in the technical inspection carried out, with indication of at least the following data:
a) Location, characteristics, level of protection of the building and belonging, where appropriate, to the historic center or to peripheral historical centers.
b) Construction date or, failing that, approximate year.
c) Technical inspections carried out with an unfavorable result.
d) Indication of the nature of the deficiencies, as well as any other data deemed necessary.
e) Description of the execution order issued.
The technical inspection of buildings will necessarily refer to the following aspects:
a) Status of the structure and foundation.
b) State of interior, exterior, mediaeras facades and other walls, especially of the elements that could pose a danger to the public thoroughfare, such as terraces or plates, among others.
c) State of conservation of roofs and roofs.
d) Status of the general plumbing and sanitation networks of the building.
In the event that the result of the inspection is unfavorable, the report must also reflect at least the following content:
a) Description and location of damages building Inspection and deficiencies that affect: the structure and foundation; to the interior, exterior, median eras and other walls facades and to the elements that could pose a danger to public roads; to the roofs and roofs; to the general plumbing and sanitation networks of the building.
b) Description of its possible causes.
c) Description of the immediate security measures adopted, if necessary, to ensure the safety of the occupants of the building, neighbors, neighbors and passersby.
d) Description of the works and works that, in a prioritized way, are considered necessary to remedy the deficiencies described in section a) and the estimated period of execution.
e) Degree of execution and effectiveness of the measures adopted and of the works carried out for the correction of deficiencies described in the previous technical inspections of the building.
If the result of the inspection is favorable, the building inspection management service will proceed to its entry in the Building Registry. The property may request information on said entry and will attach a copy of the questionnaire submitted to the Building Book or, failing that, to the existing technical documentation, being responsible for the custody of such duly updated documents.
If the result of the inspection is unfavorable, it will be included in the Building Census by the managing service of the technical inspection of buildings.
The control of the fulfillment of the execution of the works and ordered works will be carried out by the municipal services, in accordance with the distribution of competences. Once the ordered actions are finished, said services will send a copy of the final works certificate endorsed by the Professional Association to the technical inspection management department or, in the case of not requiring a technical works project, a certificate of suitability that will be adjusted in its content to the parameters set by the form approved for this purpose building inspection by the Municipal Planning Manager and will be signed by the competent technician responsible for its correct execution and approved by the corresponding Official College. The presentation of said documents is essential for the Department to proceed with the inclusion of the property in the Building Registry.
Legislative Decree 1/2005 of July 26, Consolidated Text of the Urban Planning Law of Catalonia, establishes the general principle of conservation and rehabilitation obligation and enforcement orders. This regulation has been developed by means of the Urban Planning Law Regulation of July 24, 2006, which establishes that the owners of all kinds of land, constructions and facilities must fulfill the duties of use, conservation and rehabilitation.
For its part, the municipality of Barcelona was a pioneer in the rehabilitation of facades with the municipal program “Barcelona Ponte Guapa”, and in the elaboration of an Ordinance of Urban Landscape Uses, of March 26, 1999 amended in 2001 and 2003, although more means should be put in place to achieve compliance and development since there is no public Building Registry.
The Ordinance says that every owner of buildings older than fifteen will have to have the corresponding security certificate issued by a competent technician or collaborating entities that can be created, in which the state of conservation and security of the exterior elements of the buildings that face the public highway or may affect third parties.
This certificate may be replaced by the technical opinion provided in Art. 6 of Decree 158/1997, of July 9, which regulates the Building Book or by the maintenance card issued by the Municipal building inspection Institute of Urban Landscape, provided that make specific reference to the elements that have to be maintained.
The certificate will be renewed every ten years, it will have to be accompanied by the corresponding photographs. This certificate may be required by the city council of Barcelona through the competent technical service at all times.
The procedure to demand the duty of conservation of the exterior and interior facades and of the roofs, can be initiated ex officio or at the request of any person who has knowledge of their breach.
The breach by the owner of the obligation of conservation of the interior, exterior and covered facades will entitle the Administration to require compliance within a month unless there building Inspection are dangerous circumstances that justify an urgent intervention. The interested party will have to prove compliance with the municipal order by providing the security certificate
If, as a result of the certificate, the need to undertake conservation and safety works is derived, the owners will have to carry them out within the deadlines set in the same certificate, which they will have to accredit with the corresponding final works certificate issued by the technician director.
The City Council, in execution of its administrative powers, may initiate the relevant urban inspection procedure and order the execution of the works specified in the certificate and, where appropriate,building inspection those that the municipal technical report considers pertinent by the interested party, and will initiate the corresponding administrative procedure.
In case of non-compliance, the subsidiary execution procedure will be initiated in accordance with the provisions of the Urban Discipline Regulation and the Works, Activities and Services Regulations of Local Entities. All this regardless of the sanctioning procedure that can be initiated in accordance with current urban planning regulations.
Law 7/2002 of December 17, 2002 on Urban building inspection Planning of Andalusia dedicates Chapter V of its Title IV to the conservation of works and constructions, and more specifically in the second section, Article 155 establishes the duty of conservation. Standard that must be developed by the different municipalities.
Specifically in the city of Seville is regulated by the Ordinance of Technical Inspection of Buildings of the City of Seville, approved on May 20, 2004, and published in BOP of Seville June 17, 2004, amended by agreement of March 20, 2009 (BOP of Seville of June 30, 2009) building inspection
In this case, the content of the duty of conservation, whose degree of compliance will have to be included in the periodic inspections, refers to the maintenance in the adequate conditions of safety, health and public decoration of the construction or building as a whole.
In the event that there are several buildings in a single cadastral plot, a single joint Technical Inspection report may be submitted, provided there is a single report and the buildings that make up the plot are expressly and unequivocally specified and detailed, the building being understood as the body unique constructive regardless of its spatial distribution, registration status, cadastral, or its postal review.
They also constitute a single constructive body:
– Construction units linked by structural elements.
– Construction units linked by functional elements.
– Construction units linked by facilities networks.
– Construction units linked by indivisible functional spaces.
The Inspection report must record the result of the inspection carried out, completing the Final Conclusion section of the officially approved Technical Inspection report. In the Final Conclusion it should be stated, unequivocally, that the building meets the appropriate conditions of safety, health and public decoration established in the urban planning and land regime regulations, or that it does not meet them, owing to the latter If the owner signs the corresponding Execution Commitments.
The inspection carried out will be reflected in the Technical Building Inspection report, in accordance with the officially approved Model Technical Inspection Report, with description of:
Date of the visit or inspection visits carried out, location plans and photographs of the exterior and interior of the building expressing the content of the report.
Detailed description of the building or construction and cadastral reference number in accordance with the current Annex of the Building Technical Data Sheet.
Prior to the writing of the report, all previous studies must be carried out that, in the opinion of the technical editor, are necessary to obtain sufficient knowledge of the building and describe the work carried out to carry out the Inspection (opening of broths, tastings, dismantling of suspended ceilings, etc.) in the case that they were necessary to determine the damages of the building.
Damages and deficiencies appreciated with indication of at least the following sections related to the construction safety of the building:
a) Structural safety, stability and consolidation, with indication of whether the building or construction or part thereof suffers damage that has its origin or affect foundations, supports, beams, floors, load-bearing walls or other structural elements that may compromise the mechanical strength and stability of the building or construction.
b) Security related to interior, exterior and medianeras facades of the building or construction, especially of the elements that may pose a danger to the public roads or interior areas of the building such as wrought iron fronts, cornice, placated, etc.c) Sealing, indicating the general condition of the roofs, roofs, walls and exterior carpentry, as well as the general condition of the plumbing, sanitation and electricity networks.
• Possible causes of all the damages or deficiencies appreciated and indication of the measures, works and works necessary to solve the indicated damages and deficiencies, also indicating an order of priorities for their execution, making express reference to the necessary deadlines Start and execution of them.
• Estimated budget of the necessary measures, works and works.
• In the case of the issuance of the second and subsequent reports of the Technical Inspection of Buildings, an indication of the degree of execution and effectiveness of the measures, work and works carried out to complete the recommendations indicated in the previous technical inspection reports.
The Inspection report must include the immediate security measures adopted, and it must be justified that they did not admit delay due to imminent danger to the occupants of the construction or building, adjoining or those who pass through its surroundings.
For these purposes, the property of the building must adopt, under the competent technical direction, all those measures necessary for the inspection and those necessary to remove a situation of imminent risk, such as attachments, shoring, dismantling of loose elements, precautionary and preventive. , etc., communicating immediately its beginning to the Planning Department through a justified technical report signed by the professional who is directing them.
The first report of the Technical Inspection of the Building must be submitted within the year following that in which the building is 20 years old and must, as with the Technical Data Sheet, be renewed periodically within the year following that in which they have elapsed : 15 years for buildings less than 50 years old and 10 years for those 50 years old or older, from the expiration of the period in which the previous one had to be submitted (either electronically or in the Management Entry Register of Urbanism).
Without prejudice to the general deadlines, the Planning Department may require in a motivated manner the realization of the Technical Inspection of the Building or construction with the granting of a specific term for its delivery.
The age of the building will be documented building inspection documentary by: final certificate of works, occupancy license or otherwise, work license and, in the absence of the above or any other means of proof admissible in law, by the technical estimate depending on of its typology and constructive characteristics.
The Registry of Technical Inspection of the Building in the Planning Department is public and it is recorded the date of presentation and the content of each of the reports of Technical Inspection and Technical Sheets of Building that are submitted.
The supporting copies of the presentation of the first and subsequent reports of the Technical Inspection of the Building and its corresponding Technical Sheets of the Building shall be attached to the Building Book or, failing that, to the technical documentation thereof, and shall be kept by the owners and transmitted to its new owners, in case of alienation by any title.
In all those cases in which the Technical Building Inspection report establishes the need to carry out works, no work permit of any kind may be granted that does not include at least the works necessary to solve all the serious damages and deficiencies indicated in the report.
Aid may not be granted for the total rehabilitation of the building established by the Planning Department if the obligation to submit the complete documentation on the Technical Building Inspection is not fulfilled in due time.
In addition, the breach by the owner of his obligation to complete the Technical Building Inspection in a timely manner constitutes a serious infraction, unless it is voluntarily remedied after the first requirement formulated for that purpose by the Planning Department in which case, it will have Consideration of slight infringement.
The minimum amounts of the sanctions to be imposed will be:
a) Minor offenses: fine of 600 euros.
b) Serious infractions: fine of 3,000 euros.
c) Very serious infractions: minimum fine and 6,000 euros.
It does not properly have an building Inspection Ordinance that collects the technical inspection of buildings, so it directly applies Law 16/2005 of December 30, 2005, devotes Chapter I of its Title IV to Administrative Intervention in the control of urban legality (Art. 207).
In this case, the owners of any building listed or older than 50 years must promote at least every five years, an inspection by a competent practitioner. In practice, an agreement has been signed with the Professional Associations of Architects and Technical Architects, to monitor their conservation status. Said practitioner will record the results of his inspection by issuing a certificate building Inspection that describes the damage appreciated in the property, its possible causes and the priority or responsible measures to ensure its stability, safety, tightness and structural consolidation or, to maintain or rehabilitate its dependencies in conditions of habitability or effective use according to their own destiny.
It will also record the degree of implementation of the recommendations expressed on the occasion of the previous periodic inspection. The effectiveness of the certificate requires sending a copy of it to the City Council and the corresponding Professional Association.
With in its Title VI Chapter V dedicated to building Inspection the duty of conservation, establishes, as the only reference to housing inspections, the power of municipalities to delimit special conservation areas , after a favorable report from the Provincial Commission for Territorial Planning, when the special degradation or interest of certain urban environments so advises.
In Zaragoza, it is regulated by the Ordinance of the Duty of Conservation, Building and Technical Inspection of Buildings of September 27, 2002 (BOP 10/31/2002).
All owners of any type of building Inspection (homes, offices, shops, warehouses …) have the obligation to comply with the ITE. In the case of the Communities of Owners, the duty rests with the Community itself. The tenants of the properties are also authorized to request the Administration to carry out the Technical Inspection of the Property in the event that the owner fails to comply.
They must be made to all buildings over 50 years old. The Ordinance establishes a calendar based on the year of construction and the neighborhood in which it is located, although in 2010, the cycle has already been completed:
• Until December 31, 2005: Buildings whose construction is prior to 1940 in the neighborhoods of San Pablo and La Magdalena.
• Year 2006: As of January 1, 2006. Buildings listed in the General Urban Planning Plan not included in the previous section
• Year 2007: Buildings before 1940 not located in the areas of San Pablo or La Magdalena.
• Year 2008: building Inspection built between 1940 and 1950
• Year 2009: Buildings built between 1950 and 1960
• Year 2010 and following: Beginning in 2010, the buildings that will be 50 years old in that year and the other buildings will pass the controls. successive years that store 50 years old.
Once the first inspection is done, it should be done every 10 years.
The owners of buildings must perform the first technical inspection of the same, within the year following that in which they turn fifty since its construction or rehabilitation work that, because it profoundly affects the whole building, has an equivalent character, or within the deadline specific six months, if the owner of the building were required for it expressly and motivated, by the Administration itself.
Subsequent inspections will be building Inspection carried out within the year following that in which ten years have elapsed since the expiration of the period in which the previous one had to be submitted and delivered to the Registry of the technical inspection of buildings, accompanied by the duly updated form, in accordance with the established models.
The age of the building will be accredited by: Building first occupancy license; failing that, works license and, in the absence of both, final works certificate. In the absence of the above documents, it may be accredited through any means of proof admissible in law, and in particular by technical estimation depending on its typology and constructive characteristics.
The technical inspections that are carried out will have at least the following content:
a) General state of the structure and foundation.
b) General condition of the interior, exterior and mediatorial facades of the building, especially of the elements that could pose a danger to the public thoroughfare, such as terraces, plates, etc., and of the pathologies that may affect the integrity of the building, such as cracks, damp, etc.
c) General state of conservation of roofs and roofs.
d) General state of the plumbing and sanitation network of the building.
e) Location map.
f) Photographs of the exterior and interior of the building, expressive of the content of the report.
The owner of the building will be obliged to accompany the report of the technical inspection the corresponding technical data sheet of buildings, which will detail the urban and architectural data, occupation and ownership of the property, according to the approved official model.
The report of building Inspection of buildings must be presented in the Registry of technical inspection of buildings, accompanied by the technical data sheet of buildings approved by the corresponding official college, which must unequivocally express the favorable result of the inspection.
Those reports that do not contain favorable results will not be accepted for processing, not being understood accordingly, after the Inspection, for the purposes and terms contemplated in this chapter.
A Computerized Registry of technical inspection of buildings will be constituted, which will be public and which will record the date of submission and the content of each of the technical inspection reports and technical sheets of buildings submitted.
The Computerized Registry of Technical Inspection shall contain at least the following information:
a) Urban data, situation, level of protection where appropriate.
b) Date of construction or of not showing approximate year of its realization.
c) Data of subsequent actions of building Inspection rehabilitation and reforms, with indication of the scope of the work, date, technicians, construction company.
d) Technical inspections performed.
e) Where appropriate, correction of the deficiencies that have been made as a result of the obligation to pass the technical inspection.
Inspection records must be approved by the corresponding Professional Association.