Technical Building Inspection legal framework

Last week Finques Feliu wrote about Building's Book. Today we'll write about the Technical Building Inspection (hereinafter TBI).  Both texts are complementary and provide twenty answers about Decree 67/2015 (link in Spanish) and its importance. 

First part: the TBI example of the necessary understanding between citizens and lawmakers

1. What is TBI? Why do I need to know what the TBI is?

TBI is an inspection, carried out by a technical architect, which concludes with a report, which has to be submitted to the Administration, and with the obtaining of a certificate validating that has to be submitted to the Administration -a copy is also kept in the Building's Book -.

TBI has three functions: to identify, describe and diagnose the state of the construction.

At Finques Feliu, we believe in an informed citizenship, moreover, this legal procedure cannot be promoted without everybody's coperation. In order to comply with what the lawmaker demands we must always understand what it is demanded. Let us not forget: Rule of Law aspire to ensure that legal provisions have a certain social acceptance, not blind obedience.

2. What is the legislation where the ITE is collected?

The Decree 67/2015 which is based on a simple idea: no construction can be improved without be inspected before.

3. Is it necessary to order and pass the ITE?

Of course.

Second part: Get to know TBI and its regulatory framework in depth.

4. How long does the Administration take to issue the Certificate resulting from any ITE? What are the different certificates that a building can obtain when it has been inspected? 

This term is established in article 12 of decree 67/2015:

"Administration will solve in three month period from the presentation date with building aptitude certificate".

In the same article the legislator details the different certificates that, signed by a technical architect, can be issued:

- "Apte", if the building has no deficiencies.
- "Apte", if the building presents deficiencies qualified as serious.
- "Apte provisional", if the building presents deficiencies qualified as important.
- "Apte cautelarment", if the building presents deficiencies qualified as serious or very serious, although with the precautionary measures implemented that have provisionally resolved the situations of risk for people and property.
- "Refusal aptitude resolution", if the building presents deficiencies qualified as serious or very serious without the executed precautionary measures. In this case, a new application must be presented together with a new ITE report that accredits that the precautionary measures have been carried out, or the execution of the works, in order to obtain the certificate of aptitude.

5. What type of document will the technical architect issue if the ITE is not passed?

The Statement of Risk Situations and / or the Statement of Annual Housing Situations.   

The message that we want to emphasize here is: do not desist from carrying out the necessary reforms until you obtain the certificate of aptitude because your safety is at stake. 

6. Can the Administration sanction the fact that the owner does not promote the TBI?

Yes, it is sanctioned with between 9.000 and 90.000€.

7. As a property owner, what are all the obligations that you have with the Administration once you have received the TBI report (abbreviated as TBIR)?

- To present the TBIR, "together with the application for the issuance of the certificate of suitability before Catalonia Housing Agency or the local administrations that have decided to issue certificates of suitability". (extract from the 11th article Decree 67/2015).

This procedure can be done directly or through an authorized representative (by means of a document signed by the person who holds the position of President). This authorized owners representative will be the Real Estate Agent. 

- "To execute, immediately and urgently, the adoption of the precautionary measures that may be required to the report.

- Approve the rehabilitation program in the maximum term of one year, when this has collected the existence of deficiencies in the building. Establish a reserve fund dedicated to expenses from the works carried out (...).

- To give, following administration demands, the documentation used to elaborate the TBIR, and rehabilitation program approval and its compliance" (10th article of Decree 67/2015)".

8. Which is the validity of the certificate of aptitude of the TBI?

Although this information appears in the text picture, we copy it downwards:

"In buildings without deficiencies or with slight deficiencies it is of five years.

In buildings with significant deficiencies it is six years.

In buildings with serious or very serious deficiencies with precautionary measures taken, it is three years, provided that these measures have provisionally resolved the risk situations".

The three terms begin to count from the date of issuance of the report resulting from the TBI.

9. When selling a real estate product, is it important to inform the future buyer of the TBII status?

To know IITE status is a right of any buyer established in the 15th article of Decree 67/2015. 

10. Have we dealt with the ITE on any other occasion?

Yes, on July 2020. That text, combined with today's one, paints the whole picture on TBI matter  because it incorporates the links to request TBI - it appear in the section 'additional information'.

To become the building you have bought or the community of owners where you live with others into a safe place can save your life, no, we are not exaggerating. 

Share because safety is everyone's business!