How the new decree on buildings inspection in the Region of Murcia may affect you.

On March the 17th, 2015 was published in the Official Gazette of the Region of Murcia the decree No. 34/2015, of March 13th, whereby the assessment report of buildings is regulated and creates the Official Record for Assessed Buildings in Murcia, which entered into force on the day following its publication (the 18th of March, 2015).So, as to regulate these reports planned for residential buildings built such as blocks of flats i.e. doe not contemplate individual houses typology, and other similar buildings such as hotels and residences as well as the creation of an official register to file the reports.

It is the final legal step against to an unfinished process that began with the Royal Decree Law 8/2011, of July the first, whereby the Articles 17 to 22 referred to the "Measures to promote rehabilitation activities" and whereby the Article 21 required a technical inspection for buildings (ITE) over 50 years old, unless the different autonomous regions stated a different period of time in their regulations, which came into force on the day following its publication in the Official Gazette (7/07 / 2011), except as provided in Article 21 on the ITE which came into effect one year later.


Who is obliged to have it and how soon.

The Law 8/2013 of 27 June, aims, according to its Explanatory Memorandum enhances the rehabilitation and regeneration of towns by removing existing physical barriers to improve access for the disable and creating specific mechanisms to make it feasible and possible, providing for them a policy framework which will restructure and revitalize the construction sector (in theory of course), The law considers that it will play an important role in the economic recovery through these new policy areas. In addition this law tries to assist the conversion of other sectors such as tourism, among other measures. It also unifies in a single document the assessment of the conservation status of building conditions and the Energy Proficiency Certificate (EPC).


The scope of its application is outlined in its Article 3, which states what buildings should be subject to IEE, of which are expressly excluded those which are in ruin, or those which have application submitted to the local authorities to be declared as ruins and are pending to be, resolved.


Which buildings should have an IEE?

Residential housing, and similar, fifty and more years old set out in Annex I of the Decree, which refers to the time limits for filing in the corresponding IEE at the local Councils, and are the following:


Age of the building

1929 and earlier

Between 1930 and 1949

Between 1950 and 1959

Between 1960 and 1963

From 1964

they reach 50 years old

Deadline to pass the assessment:

Until December 31st, 2015.

Until December 31st, 2016

Until December 31st, 2017

Until December 31st, 2018.

Five years beginning on December 31st of the year in which they reach 50 years old.

For the purposes of computation is taken as the age of a building the year in which the construction is completed, and although for the purposes of developing a buildings census which should be carried out by the local councils, they will take as the date of completion of works December 31st of the year of construction indicated in the cadastral information, which will be provided by the autonomous region, any other age of the property may be credited for any valid lawful means, whereby the owner could claim, that the date of completion of construction is different to that contained in the census.


For example in the case of complete rehabilitation of a building consisting in renewing all the original structure and keeping only isolated elements such as facades, it should be taken as the year of completion that when the works were completed.


The IEE will also need to be carried out to those buildings included in a Municipal Building Assessment Plan in which it has been considered in the need for an urgent evaluation, in which case the above deadlines may shorten.

Here come into play the Article 4.3 which it states: "increased risk of diseases for its inhabitants as a result of unfavourable conditions, such as proximity to the coast, the aggressiveness of the land, the presence of industrial pollution, environmental conditions etc.; the existence of known injuries to its users or deficiencies in terms of accessibility and energy efficiency that may be known to be affecting certain building or whole promotions, as a result of poor construction quality or deficiencies in the conservation and maintenance of those buildings; and finally, the incidence of natural disasters or any other circumstances that could have seriously affected the condition of buildings situated anywhere in the region of Murcia.


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