The ECCE as associates Administration

 

Law 1/2019, of 5 February, the Government, amending Law 5/2014 of 25 July, regional planning, urban planning and landscape Valencia, proposes important developments in relation to processing of planning permission. We offer, then a summary.

 

background

The rule 147 of the Law 1/2019 added to Law 5/2014 a Ninth additional provision. Collaborating organizations Administration, which says:

"1. The municipalities may exercise their functions in planning matters referred to in this provision through associates Administration (...) in accordance with Law 38/1999, regulating the building. "

That is, these Supporting Organizations Administration (ECA) will exercise the functions hitherto only did the administration.

These entities are called by Law 38/1999 (LOE) Entities Quality Control Building (ECCE). Indeed, Article 14, point 1 says:

"These organizations quality control of building those qualified to provide technical assistance in the verification of the quality of the project, the materials and the execution of the work and its facilities under the project and the applicable regulations. "

As stated in the aforementioned ninth additional provision, the regulation system of qualification, registration and functioning of these entities will be made by decree of the Council. However, and while approving this decree, Royal Decree 314/2006 of 17 March, has been approved by the Technical Code of Buildings, provides as follows (Article 4):

"Como complemento de los Documentos Básicos, de carácter reglamentario, incluidos en el CTE y con el fin de lograr una mayor eficacia en su aplicación, se crean los Documentos Reconocidos del CTE, definidos como documentos técnicos, sin carácter reglamentario, que cuenten con el reconocimiento del Ministerio de Fomento que mantendrá un registro público de los mismos."

In compliance with this Decree, the Ministry of itself created the appropriate records, which can be found at the following link:

Registro CTE

These records include the Registro Laboratorios Entities and quality control of the building, which includes a record of these ECCE, organized by the Autonomous Communities:

General Register of the CTE. Section 5-2: General Register of Entities Quality Control of the buildings in the Ministry of Development, Secretary of State for Infrastructure, Transport and Housing, Directorate General of Architecture, Vivienda y Suelo Subdirectorate General for Architecture and Edificación

The entities registered in the Register were accredited by their own Ministry of Infrastructure, Planning and Environment, which verify the implementation of the UNE-EN ISO / IEC 17020. In and Express by clicking the code of registration is available the declaration of each ECCE.

Our company is registered in the Register and, therefore, is empowered to exercise the functions of Law 1/2019 grants to partner organizations of the administration.

In the following links you can check the registration rehabi-li-tar.com:

Company Information coded VAL-042-E, high 02/12/2016

Statement as Quality Control Institution Building

 

Functions Collaborating Administration

As said Law 1/2019 of 5 February, the Government, amending Law 5/2014 of 25 July, planning, competition will henceforth entities col Administration staff in the council that they wish:

a) Verify the integrity of documentary requirements, adequacy and suitability of projects and documents relating to the license or declaration, required by the applicable regulations.

b) Prove that the technical documentation projects and the forecasts and the applicable regulations.

c) To investigate the adequacy of the licensed works during the process of implementing them.

d) To report technical compliance of works executed for the purpose of the declaration or first occupation license.

 

Statements leaders accompanied by a report by an ECCE

Moreover, the rules 133 and 134 amend Articles 213 and 214 of Law 5/2014, which determines the acts subject to licensing and declaration. In particular, paragraph 2 of 214 in its new draft specifies extensive list of works and installations that can be processed by affidavit if accompanied by a certification by a collective entity contributor Administration.

This development will result in many requests for licenses that currently have to wait months or years to his concession now be processed by affidavit, with the advantage for companies and individuals and also for the Directors, which will also lightened the load of your service.

As a partner of the government, rehabi-li-tar.com is at your disposal to draft and submit the certification required in procedures for the declaration, which, as is known, involve effective immediately.

 

Legal references

Ley 38/1999 of 5 November, of Ordenación of the buildings.

Law 1/2019 of 5 February, the Government of modification of the Law 5/2014 of 25 July, of Ordenación del territorio, Urbanism and landscape of Valencia

Law 5/2014 of 25 July, of Ordenación del territorio, Urbanism and landscape of Valencia

 

 

2nd edition (29.05.2019)

Written and approved by

Joaquim Iborra Posadas

joaquim.iborra.rehabi-li-tar.com

 

Issue 1 (26/03/2019)

Written and approved by

Francesc Company Gandia

francesc.company.rehabi-li-tar.com