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Goodbye ITE. Hello IEE. | Final Part

We were informing last couple of weeks on the need to have buildings that are 50 years old or older checked by a professional so as 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 for the disable, the degree of energy efficiency and general condition of the building.

 

Apart from other interesting information, we were discussing the people who under this law are considered qualified to carry out these inspections and sign the certificate and they are:


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:

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. "


Therefore, it is concluded that the professionals who are able to sign the IEE for buildings are the following professionals:

a) The architects and assistant architects who are qualified for it by Article 6.1 of Law 8/2013.


Furthermore, paragraph 2 of this Article 6 of Law 8/2013 provides that:

In the case of buildings belonging to any public authorities listed in Article 2 of Law 30/1992 of 26 November, the reports may be carried out by any staff responsible for the technical services if their professional training has the same functions than that in the preceding paragraph.


Are there grants or subsidies?

The Government have designed a program to support the implementation of the Evaluation Report of Buildings" which reads as follows:

1. The purpose of this program is to provide an impetus for the introduction and establishment of an evaluation report of buildings that includes the analysis of accessibility, energy efficiency and conservation status thereof, through grants to cover part of the costs of professional fees.


2. The report shall contain, in detail, related aspects in Annex II of this law, in relation to the analysis of the conservation status of the building, the determination of whether the building is susceptible or not to incorporate reasonable accommodation in terms of accessibility and its efficiency in energy.


When there is a different legislation, in a municipality or Autonomous Community in which the building object of this report is located, which develops its own model of Technical Building Inspection, that may includes all aspects of part of Annex II, this model is allowed to replace the central Government one, provided it is signed by an expert professional, has been completed and processed in accordance with the provisions of the legislation that applies and is updated in accordance therewith.


Who are the beneficiaries?

It may be eligible for such aid any communities of owners, community groups or sole owners of buildings predominantly residential, that have the evaluation report for the preceding Article relates before the end of 2016.


Management and amount of aid.

The aid will consist of a grant, equivalent to a maximum of 20 Euros for each of the houses within the building block or community of owners, and a maximum of 20 Euros per 100 m2 of commercial area, but under no event, shall exceed the amount of  500€, or 50% of the building cost of the report.


Conditions for granting aid. 

To obtain the grants, a progress report of the building will need to be submited with the contents listed in Annex II of this Royal Decree, duly completed and signed by an authorized professional. It must also be provided the fee invoice, original or copy, issued by the professional or professionals who have made the report. 


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As it is impossible to know in detail every case asked in this blog, all our replies are given in good faith but we strongly suggest that you obtain private advice from a solicitor /and /or  architect who will be able to study in depth your own particular case.

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