We were informing last week on the need to have buildings that are 50 years old or older checked and that requirements was to comply with the new law 8/2013of 26th of June of 2013 on Urban Rehabilitation, Regeneration and Renovation (Ley 8/2013, de 26 de junio, de rehabilitación, regeneración y renovación urbanas) published on the 27th of June of 2013 on the Official Spanish Bulletin.
This new regulation establishes that a Buildings Evaluation Report (hereinafter IEE) must be carried out by a qualified architect or assistant architect to specify the degree of conservation which buildings are found at the time of inspection, at least in relation to their compliance with current legislation regarding, accessibility, the degree of energy efficiency and general condition of the building.
What should the IEE report contain?
The IEE must identify the property, stating its cadastral reference and in detail it should state the following:
a) A written evaluation of the exact condition of the building.
b) A written evaluation of the basic conditions of accessibility for the disable taking into account the access and use of the building, according to current regulations, establishing whether or not the building is likely to make reasonable adjustments to meet this regulation.
c) An EPC Energy Performance Certificate of the building, with the content and procedure established by this legislation.
Where, in accordance with regional or municipal regulations, there is already a Technical Inspection Report (ITE) evaluating the ends indicated in letters a) and b) above, it may supplement the certification of energy efficiency referred to in point c) and have the same effect that the report regulated by Law 8/2013.
How is the IEE carried out?
First, the building owner or their representative should contact a qualified technician and hire him to conduct the IEE.
The competent technician completes the IEE, with the minimum content established by Law 8/2013 as explained above.
If the IEE is carried out for a community or group of Owners that refers to an entire building or building complex, the IEE spreads its effectiveness to every commercial unit and existing homes. This is particularly relevant for Energy Performance Certificate (EPC as it is known in the UK), as it will be the entire building and extends its effectiveness to each dwelling, so that during its validity period (10 years) is not necessary that each owner be individually responsible when selling or renting his private home.
In order to avoid duplication between the IEE and the Technical Building Inspection (ITE), a certificate of a similar nature that may exist in the municipalities and autonomous regions, the report resulting from the ITE can be integrated as part of the IEE governed by Law 8/2013, taking the latter as already made in any case if requirements arising from the same local or regional regulations are more stringent than those established Law 8/2013.
What professionals are competent to carry out IEE´s?
Article 6.1 of Law 8/2013, Rehabilitation, Urban Regeneration and Renewal (Training Assessment Report of Buildings) states:
"1 The IEE shall be signed by any technical and competent professionals, and by registered inspection bodies that may exist in the Autonomous Communities, provided they have such technical staff.
To that end a competent technician who is in possession of any of the academic and professional qualifying careers that allow these professionals to carry out projects or construction management are considered accepted qualifications, as established in Law 38/1999 on November 5, Building Management, or has established the necessary skills for preparing the Report, as set out in the final provision eighteen. "
These technical staff, if considered necessary, may request, in relation to aspects of accessibility for the disable, the expert judgment of entities or associations of people with disabilities who have a proven track record in the territory in question and have the social purposes to promote accessibility. "
Sets the final provision of Law 8/2013 eighteenth, the following:
"By Order of the Ministry of Industry and the Ministry of Public Works, will determine the qualifications required to enter the Building Assessment Report, as well as media accreditation. To this end, shall take into account the qualifications, training, experience and the complexity of the evaluation process. "
Therefore, it is concluded that the professionals who are able to sign the IEE for buildings are the following professionals:
The architects and assistant architects who are qualified for it by Article 6.1 of Law 8/2013.