When required the project and technical management in a work?

 

Advance the answer: forever. But we warned from the outset that the question refers only to the obligation from the point of view of legislation. Another question is whether the 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 is the question of whether society 'needs' assistance of a technician or considers, in many cases, only one imposing unnecessary administrative and cost added. This last question is the capital that fully affects the future of professional technical construction. This issue is limited, however, the regulatory point of view, because 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 (Real Decreto 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.

Regarding existing buildings, section 3 says that the CTE apply "interventions in the existing 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, says even more clearly:

"The construction of the building will be conducted subject to the project and authorized by the director of previous work under the promoter, applicable law, rules of good building practice, and the instructions of the project manager changes and the director of the execution of the work. "

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

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

"The CTE shall apply, under the terms established in the LOE and with the limitations therein are determined, public and private buildings whose projects require to have a license or authorization 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, carrying out works in them to run and occupation require other administrative authorizations and licenses from mandatory, in accordance with applicable law."

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

The LOE, unlike the CTE, it explicitly calls for 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 any other document, which only makes sense as part of a project.

As the CTE, the LOE includes in its scope virtually all new construction. But, incomprehensibly, limits its application to existing buildings only if they work "alter your Settings architectural entendiendo fear such the that tengan character Interventions 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 emphasizes his or her energy rehabilitation.

This lack of rigor, precision and consistency in the drafting of articles of the LOE and the CTE related to their areas of application are perpetuated arbitrary interpretations and not substantiated by the authorities, especially local ones.

 

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 binding 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 LOE, which require 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 no it does 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 in this matter. 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 safety and health 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 this Royal Decree, the promoter shall serve a notice to the competent labor authority before the start of the work."

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:

"Communications opening construction, installation or maintenance (works with project), next to the official model security plan and health packages must be attached when this is enforceable in accordance with the provisions of RD 1627/97, ​​accompanied by his corresponding act of approval in accordance with Article 7 of the royal decree. If the safety and health plan should not be required, the appropriate risk assessment would be accompanied (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.

Subsequent to RD 1627/97 regulations do not contradiu SEU articulat, but reforça, com fa the first additional provision. Implementation of the royal decree on the construction of Royal Decree 171/2004, of 30 January, by which Article 24 of Law 31/1995 of 8 November on Prevention of Occupational Risks, develops on coordination of business activities, or Royal Decree 604/2006 of 19 May, amending Royal Decree 39/1997 of 17 January, approving the Regulations for Prevention Services approved, and Royal Decree 1627/1997, of 24 October, laying down minimum safety and health are established in 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" may 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.

We must also say that the administrative mechanisms called "declaration" and "prior notification" does not replace the writing 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

joaquim.iborra.rehabi-li-tar.com