When required the design and technical direction in a work?


Advancing the answer: forever. But we warned from the outset that the question refers only to the obligation from the point of view of the regulations. Another question is whether municipalities or other government or not apply this requirement. Or what is understood by 'project', which unfortunately often identified with documentation thick, uncomfortable and largely useless. And there's the question of whether society 'needs' assistance of a technician or deemed, in many cases, only one imposing unnecessary administrative costs added. This last question is the capital that fully affects the future of professional technical construction. This dossier is limited, however, the regulatory point of view, we think it is interesting to clarify an issue often misunderstood, particularly by the councils themselves when their grant building permits.


What does the Código Técnico de la Edificación?

The scope of the CTE (Royal Decree 314/2006 of 17 March, has been approved by the Código Técnico de la Edificación), in accordance with Article 2, paragraph 2, includes almost all the works building a new plant, as it excludes only "fOR PRESENTATION buildings simplicity of scarce technical and constructive Entity, which tengan residential or public, be it for temporary or permanente, which is on one floor and Development does not affect the security of the people. " That is, very few works are outside its scope, not to say very few.

With respect to existing buildings, section 3 says that the CTE applied "using existing interventions in the buildings"; that is, all the speeches, without exception. In short, the CTE is applicable to virtually all construction. Also in the reform of a bathroom? Also, because we do not know read no exception.

Moreover, the same paragraph three states that compliance with the CTE is justified "in the Project or a memory suscrita competent Technical fear." This reference to the "memory" like a documentation alternative to the "Project" is very unfortunate because the CTE itself does not say what this "memory." Rather, he says when he speaks clearly in Article 6 of what a project is and what its content. Indeed, memory is always a part of the project, which "describirá the building and define the works of Implementation mismo." According to the CTE, there is no alternative: the description of any work included in the scope of their project requires. The report does not exist but as part of a project.

Article 07.01, section 1, it says even more clearly:

"The works of construction of the building will bear a cabo con sujeción the Project and its modifications authorized by the director of previous work conforms promoter, the legislation applicable to the rules of buena building practice, and at the instructions of the director of work and the director of the Implementation of the work. "

Accordingly, the CTE recognizes implicitly that all works (almost all) require the assistance of qualified technicians responsible for drafting a project (which describes the works) for its technical management (which controls the execution) and supervision of the maintenance and conservation of the works completed.

However, clearly implied the drafting of CTE is marred by paragraph 1 of Article 2, which states:

"The CTE will be applications in the términos establecidos in LOE and with the limitations that determine the very being, to the private EDIFICACIONES Públicas y proyectos whose need or dispose of the amount of license authorizing legally enforceable."

This reference constructions "whose proyectos require dispose of the amount legally required license or authorizing" is downright inaccurate. In any case, the reference to the LOE suggests that this is where we will find the solution to the question.


What does the Law of Ordenación of Edificación

However, the LOE (Ley 38/1999 of 5 November, of Ordenación of Edificación) does not define its scope any similar reference in paragraph 1 of Article 2 of the CTE. On the contrary, Article 5 says more clearly:

"The construction of buildings, the realization of the work that would be implemented in ellos y su occupancy and require the preceptivas LICENCIAS remainder coming administrative authorization, in accordance with the applicable regulations."

It does not say, as does the CTE, the rule will apply to works that must have permission to run, it works covered by the standard have license to run. This is very different, not to say it's the opposite.

The LOE, unlike the CTE, it explicitly requires the drafting of a project for the construction of a building (Article 2, paragraph 2). I define the project (Article 4) as technical documentation intended for the technical description of works. It does not consider any alternative to the project, including an independent report or other document, which only makes sense as part of a project.

As the CTE, LOE includes in its scope virtually all new construction. But, incomprehensibly, limits its application to existing buildings only if they work "alter its Configuration architectural entendiendo fear such the that tengan character of intervention total or the partial produzcan a variación essential to the composition general pool the volume or the entire structural system, or fear tengan objeto change the characteristic uses of the building. " That is, not only is beyond the scope of the reform of the LOE bathroom, but also the structural reinforcement of an existing building, the foundation stresses his or her energy renovation.

This lack of rigor, precision and consistency in the drafting of articles of the LOE and the CTE related to their areas of application has perpetuated arbitrary interpretations and not substantiated by government, particularly local.


How governments interpret the LOE and the CTE

Indeed, we have seen how Article 2, paragraph 2 of the CTE, speaking of buildings "whose proyectos require dispose of the amount legally required license or authorizing" seems to leave in the hands of the authorities when the decision is required project and technical management. And indeed, this power s'autoatribueixen administrations. But this interpretation when it does, clearly contradicts the rest of the articles of CTE and Education Act, which requires a project and technical direction for the vast majority of the works. So, based on what regulations the authorities may waive the presentation of a project and technical management in certain works, if not contradict the LOE and the CTE? Where are the projects which says that "require or dispose of the amount of license authorizing legally enforceable" if the LOE and the CTE do not say? Nowhere. Some specific regulations require it in their own field, but neither does it in all areas, because it is the LOE who it should be specified. And indeed it does in Article 5: all projects will require licensing or administrative authorization.

But the fact is that, considered globally, the drafting of the LOE and the CTE is vague and misleading on this issue. To make matters worse, as we have seen, LOE leaves out of its scope most of the restoration work. It is true that municipalities have not yet dared not require the project to work on shoring up a building or renovation of a facade or installing a lift, but are considered superfluous intervention of certain agents of the building defined in the Education Act, including the director of execution. We speak here of agents of the building, no profiles or professional skills, which is not the subject of this dossier.

Let the moment, the LOE and the CTE and we now examine the issue from another point of view, fundamental works: the safety and health.


The legislation on health and safety at work

Firstly, I must say that, in accordance with Articles 1 and 2 of the Royal Decree 1627/1997 of 24 October, the fear that establecia disposiciones mínimas security and health in the construction works of all works building, without exception, are subject to the regulations on health and safety. Any building work is included in their scope is completely clear when, in Article 2, paragraph 1 a), the standard defines a building as "cualquier work, public or private, in trabajos which is made of construction or civil engineering. " That is, the reform is also a kitchen work.

Article 4 says that it will be compulsory for any promotional work, writing a study of health and safety (which may be a basic study, in some cases) and Articles 5 and 6 explain what it is.

Article 7 says that the contractor must develop a health and safety plan, pursuant to the aforementioned study. And the third paragraph says that the plan is "the basic instruments of Ordenación de las actividades de identificación y, en su caso, los Risks Evaluation and Planning of the Preventive Activity."

Paragraph 3 of Article 5 states that "dicho estudio You'll need to be part of the Project Implementation of work or in its case, the Project of work was coherente con contenido del mismo y las medidas Recoger preventive adecuadas to the Risks conlleve that the accomplishment of the work. " Moreover, the preparation of the study should be done during the phase of writing of the project, according to Article 4. That is, the writing of a study of health and safety presupposes drafting a project in the same way that the development of a safety and health plan assumes the drafting of a study. Indeed, Article 6 of the basic study when he speaks, does not repeat the wording. So you might think that the study does not presuppose basic drafting a project, but the article itself refers to the preparation of project work. On the other hand, if the basic study "You'll need to clarify the rules applicable Health and Safety at work", as stated in paragraph 2 of Article 6, the description of the works is beyond the content of the study . You can not specify the applicable health and safety standards in work if work is not described anywhere. And the technical description of the works is precisely the aim of a project.

Finally, Article 18 says:

"In the works included in the scope of the present Royal Decree aplicación the developer You'll need to make a notice to the competent authority before the labor comienzo de los trabajos."

While Article 19 states that this communication opening workplace include the security plan referred to in Article 7.

In short, the RD 1627/1997 applies to all works, which have a health and safety plan, in accordance with the relevant health and safety study, which presupposes the drafting of a project.


The risk assessment

However, the authorities interpret the rule otherwise. Thus, when the contractor proceeds to the opening of the center is working with two alternatives:

"The opening of communications works of construction, installation and maintenance (works with Project), together with the official model adjuntarse You'll need to plan the security and health cuando este sea enforceable agreement with the established in Royal Decree 1627/97, ​​of its acompañado amount certificate approval in accordance with article 7 of this royal decree. If you do not plan exigiera the security and health, the amount will accompany him Evaluation of Risks (works without Project) "

That is, the corresponding administration assumes that there are two types of works "project works" and "works without a plan." This distinction has no legal basis. As we have seen, although it is true that the requirement of security plan presupposes a project, according to the RD 1627/1997, instead what is called a "work without a plan." Rather, RD 1627/1997 states, by exclusion, that there are "no works project" because it applies to all works.

And still further when the administration for these "works without project" requires "the Evaluation of Risks amount" as if it were an alternative to the security plan. RD 1627/97 but not in any way allow this interpretation. As mentioned above, Article 7 in paragraph 3, said that the health and safety plan is "the basic instruments of Ordenación de las actividades de identificación y, en su caso, y Evaluation of the Risks Planning of the preventive Activity. " Only provides a technical instrument: the health and safety plan. And it is in this article where it appears the expression "Evaluation of Risks" as the objective of the security plan, not as an alternative plan. There is no "plan Evaluation of Risks" in a construction site, but the risk assessment is one of the objectives of the security plan, along with the planning of preventive activities.

The legislation does not contradict 1627/97 RD after their articulated, but reinforced, as does the first additional provisions. Implementation of the decree in the real works of construction, the Royal Decree 171/2004 of 30 January, the fear that Lauch Article 24 of Law 31/1995 of 8 November, Prevention of Labor Risks in matter Coordination of activities enterprise or Royal Decree 604/2006 of 19 May, the fear that modify the Real Decreto 39/1997 of 17 January, the fear has been approved by the Regulation of Prevention Services, and Royal Decree 1627/1997 of 24 October, the fear that the establecia disposiciones mínimas security and health in the works of construction.

In accordance with all the rules on safety at work, then, there is this supposed "plan Evaluation of Risks." What is defined by the standard is the role of risk prevention plan as a tool for managing the activity of a company, which must include, plan health and safety assessment risk. In a business, risk prevention plan does a similar role to what he does on a work plan for health and safety. The risk assessment in both cases is the goal of each plan, not an instrument.


Then a project is required in any work?

We look at how we look in a building can not avoid the obligation to describe regulation works through a technical project and run them under a management technique. However, in contradiction with the rules, you can now obtain license for the execution of many types of work without a plan, or without safety plan, no director or execution, etc.

I must say that this confused situation has been caused in part by a misunderstanding about what is a project management technique works. Indeed, although all the works require the drafting of a project, since this is the document that describes the concept of "project" will not necessarily be identified with a "brick" of 183 pages. The purpose of the project is to describe works, if the works are simple, the project should also be simple. Nowhere is said that a three-page document can not be considered a project.

When an administration considers that the technical documentation can be easily determined works, then asks for a "descriptive report." This is a mistake and also has coverage rules, as we have seen. What is a 'descriptive report'? There are only projects and descriptive reports as part of the projects.

It should also be said that the administrative mechanisms called "declaration" and "prior notification" does not replace the drafting of a project or the technical direction of the works, as is often believed; simply, it is exempt from filing mechanisms and authorization of the project before the start of the works.

We have gone to a situation of complex regulations, legal and administrative: in short, excessive bureaucracy. We have lost sight of the reality of the works. We come to see the project as an unnecessary imposition on the work, rather than an instrument that contributes to the quality of a process quite complex. This is an issue to be discussed in another dossier.



Issue 1 (31/03/2017)

Written and approved by

Joaquim Iborra Posadas