What is building inspection?
It is a periodic building inspection that must be passed by all buildings, constructions and facilities based on their age to determine their state of conservation, conditions of stability, security, tightness, consolidation and habitability, whatever their destination (housing, offices, industry, trade, etc.)
The building inspection will allow the execution of immediate measures to be undertaken in time to avoid both the risks to people’s safety and the need to face more complex and costly repairs.
Compliance with the provisions of the Ordinance may not justify the breach of the general regime of the duties of conservation and maintenance of the Building.
What buildings are subject to inspection?
All buildings over 40 years old, located within the municipality, whatever its use and ownership.
The seniority that will be taken into account will be the one that appears in the Census of buildings exposed without prejudice to the updates of said data that can be carried out, as well as of the checks that are made of the documentation that the owners may present contradicting said data.
The first building inspection must be carried out within the year in which they turn 40 years old. The forty (40) years are computed from its construction or necessary rehabilitation work.
Buildings subject to some protection because they are included in the categories of goods declared of cultural interest, cataloged and inventoried, by current regulations, must undergo the first building inspection within the year in which twenty (20) years have elapsed since its construction or rehabilitation work.
The second and third building inspections will be made within the year in which ten (10) years have passed since the previous building Inspection.
As of the fourth building inspection, this will be done within the year in which five (5) years have elapsed since the previous building Inspection.
Buildings that carried out the building inspection will have a special regime, and they will have to perform a new building inspection.
Who is obliged to perform the building inspection?
The duty to carry out the building inspections corresponds to their owners. In the case of homes or premises integrated into a community of owners, the duty of inspection corresponds to the community itself. If this were not formally constituted, it would be the group of them all obliged to present it.
The owners must indicate the name of the president of the community of owners or, failing that, appoint a representative before the City Council, with whom the subsequent proceedings will be understood.
The relationships between the co-owners are strictly civil and cannot be claimed by the community to avoid compliance with the duty to submit the building inspection.
Any other legitimate owner of a real right over the Building (usufructuary, lessee, mortgage entities, etc.) can also perform them in case of non-compliance with the foregoing.
If the inspection affects buildings in which the owner dies, the provisions of the civil legislation must be followed to determine the persons required to comply with the presentation of the building inspection.
The buildings declared in a situation of ruin by firm resolution, and those subject to a different file of ruin are excepted.
How is the building inspection passed?
Owners must entrust a competent technician in the field to carry out the inspection aimed at determining the state of conservation or conservation works or, where appropriate, rehabilitation that was necessary.
The owner must provide the technical editor of the report with an inspection visit to all the premises of the Building so that he can determine the works that are necessary for the Building to guarantee the conditions of constructive safety or that this does not require any action.
Once the inspection has been carried out, the result will be recorded in the standard form, which must be filled out by the corresponding professional association.
Said the property would present form for its incorporation in the Building Registry and its result will be reflected in the Building as mentioned earlier Registry.
The formal duty to prove compliance with the conservation duty will be verified by obtaining on behalf of the person who owns the building and pest inspection report issued by a competent technician, in the content and within the established deadlines.
Which technicians are competent to do the building inspection?
They have the competence to perform the building inspection:
- Architects, technical architects, or riggers in all cases (housing)
- Industrial engineers and industrial, professional engineers, as well as other branches of engineering according to the type of construction in question, provided that they are understood by their nature and characteristics in the own technique of each degree (ships, industrial constructions, metal installations ..).
