By Félix Ruiz, property lawyer in Spain informing on new Spanish Law.
With effect from 28th June 2013, the “ Spanish Law 8/2013 June 26 concerning rehabilitation, regeneration and urban renewal” has been approved, which is primarily aimed at the improvement of the energy efficiency of the “Spanish building stock”.
One of the main elements to mark about the new law is the called “Building Evaluation Form” (Informe de Evaluación de Edificios, IEE), which would a supplement to the not so old “technical inspection of buildings” (Inspección técnica de edificios, ITE).
The IEE is regulated under Title I of the new Spanish law and the main point to take into account are the following ones:
1. The IEE will identify the Spanish property, with its cadastral reference and shall contain in detail:
a) The evaluation of the conservation status of the building.
b) The assessments of the essential conditions for the accessibility and non-discrimination of those people with disabilities to access and use of the building, establishing whether the building is capable or not of reasonable accommodation.
c) The certification of building energy efficiency, with the content and by the procedure ruled by the applicable regulations (see our blogs on Certification part one and part two).
Many times we will find that by the regional or municipal regulations, there is already a “technical inspection of buildings” (Inspección técnica de edificios, ITE), where is contemplated points a) and b) above, therefore in these cases, only the certification referred in letter c) should be obtained.
2. This Spanish new law provides certain deadlines to dispose of that IEE, being:
a) Buildings of collective housing residential typology older than 50 years, the maximum term of five years from the date on which they reach that age, unless they already have a technical inspection in force.
b) Buildings whose owners intend to benefit for public subventions in order to undertake conservation works, universal accessibility or energy efficiency, prior to the execution of the corresponding application for these subventions.
c) The rest of the buildings, when so determined by regional or municipal regulations, which may establish application specialties of the mentioned IEE, depending on their location, age, type or predominant use.
3. When the IEE is made on behalf of the community or group of communities that refer to an entire building or building complex, will extend its effectiveness to all existing buildings and dwellings.
4. The IEE will have a periodicity of ten years, although the regions and municipalities may set a lower frequency.
5. The breach of duty to complete on time and form the IEE, will be considered urban infraction.
6. Acopy of that IEE must be submitted to the Public Organism that determines each region, so that this information is part of a integrated and sole registry.
7. Finally, and in order to not extend longer and alter the purely informative nature of our blogs, to say that the IEE will be signed by qualified competent technician , ie those who are in possession of any of the academic and professional qualifications for drawing up building projects and execution management of building works.
Please do not hesitate to contact the English speaking Spanish lawyers and accountants in Marbella of Arcos & Lamers Asociados, lawyers in Spain and tax advisors inMarbella, we have an expert team ready to answer your questions and to provide legal and fiscal advice in Spain.
Approach the multilingual Spanish property lawyers of Arcos & Lamers Asociados for any legal, tax, labour and company advice you may need!.
Félix Ruiz, Lawyer in Spain
Marbella, August, 2013.
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