Last May the Decree 67/2015 was published in the Official Gazette of the Catalan Government to promote the maintenance, maintenance and rehabilitation of residential buildings, through technical inspections and the building book.The right to adequate housing requires the will to conserve the residential buildings and apply the technical knowledge available to professionals for this purpose. The intervention of the Administration can not replace the activity of property owners who, as written in article 30 of Law 18/2007 of December 28, the right to housing, must conserve and rehabilitate houses in a manner Which are in a position to make effective and adequate use.With regard to the technical inspection of residential buildings, the Act provides that inspection reports must be submitted to the Administration to prove compliance with the duty to have passed the mandatory technical inspection and to determine whether the building is fit for residential use , Establishing the obligation to deliver purchasers the certificate of suitability in case the building has to undergo the technical inspection. It should be remembered that the law considers as a serious violation not to have the technical report when it is required.
- Entry into force of the new decree:
The new decree does not specify the date of entry into force, and in accordance with what is established in the Spanish Civil Code, with reference to articles 2 and 5, it will enter into force 20 days after its publication, so it will be effective On May 27, 2015. This decree, like the previous one, aims to promote the conservation, maintenance and rehabilitation and functional adequacy of residential buildings through the regulation of technical inspection, the approval of the Program Of compulsory inspections and the establishment of the contents of the building book, for buildings of new or high-quality housing and for existing residential buildings.
- Which buildings have to overcome the ITE?
Single-family or multi-family buildings, where there is the use of housing, notwithstanding that they may also contain uses other than residential.It is not applicable to single-family buildings where their main building, excluding auxiliary constructions of little construction, is separated by 1.5 meters or more from the public thoroughfare, public use areas and adjacent estates.
- Model of ITE report:
The technical inspection report is prepared in accordance with the standard model and the format approved by the Housing Agency of Catalonia. This model can be obtained on the corporate website of the Generalitat de Catalunya and on the website of the Housing Agency of Catalonia.The Catalan Housing Agency should facilitate the preparation of the reports and make available to the technical drafters the telematic tools for the preparation of the reports of the technical inspection of the residential buildings in accordance with the contents established in this Decree.
- When is the ITE to be done?
All residential buildings must undergo technical inspection before 45 years old, taking as a date to determine their age that is in the cadastre. In the event that it does not appear, the seniority can be accredited by other means admitted according to the right.To prove compliance with this obligation to submit to the Administration the report of the technical inspection of the housing building before the 45 years old, with the following exceptions:For multi-family apartment buildings older than 1950, the following programming is established to pass the technical inspection of the building:
Building age | Deadline for passing the ITE |
Between 1951 and 1960 | Until 31 December 2015 |
Between 1961 and 1971 | Until 31 December 2016 |
From 1971 | The year they turn 45. |
For single family dwelling buildings:
Building age | Deadline for passing the ITE |
Before 1900 | Until 31 December 2016 |
Between 1901 and 1930 | Until 31 December 2017 |
Between 1931 and 1950 | Until 31 December 2018 |
Between 1951 and 1960 | Until 31 December 2019 |
Between 1961 and 1975 | Until 31 December 2020 |
From 1975 | The year they turn 45. |
Single-family dwellings that have a habitability certificate in place at the time of reaching the deadlines set in this calendar are not required to submit the report of the technical inspection of the building until the date on which this habitability certificate expires.
- Table of validity of the Certificate of Aptitude:
Qualifications of deficiencies. | Emission Certificate of Aptitude | Obligations of Property. | Valid Certificate of Aptitude. |
| | | |
No defects | Suitable | 10 years | 10 years |
| | | |
Mild | Suitable | To approve a rehabilitation program within a maximum period of 12 months, establishing a reserve fund to carry out the repairs specified by the program. | The maintenance works will be integrated into the rehabilitation program. |
| | | |
Important | Provisional Apt | Approve a rehabilitation program within a maximum period of 12 months (supervision by the technician), establishing a reserve fund to carry out the repairs specified by the program. | 6 years, provisional.Cal every 24 months to make a check to check that the conditions have not worsened or repairs have already been made. If these become worse, the certificate loses its validity, will have to do works and a new ITE. |
Graves | Apt cautelarmente.Si If these precautionary measures are not executed, the certificate of proficiency will be denied and a new ITE must be made. | Approve a rehabilitation program within a maximum period of 6 months, establishing a reserve fund to carry out the repairs specified by the program. | 3 years, on a precautionary basis. It takes a review every 12 months to check that the conditions have not worsened or the repair work has already been done. If these worsen, the certificate loses its validity, work will have to be done and a new ITE . |
Very serious |
- Are there reference prices for the cost of the ITE?
On May 5, 2015, the announcement of the Housing Consortium of Barcelona has been published in the DOGC the modification of the call for applications for registrations for the rehabilitation of residential and residential buildings in the city of Barcelona for In 2015. Within the terms of the call for proposals, the maximum amounts of the eligible budget for the ITE and attached documents (ITE + Accessibility Certificate + EEC) are approved.On May 14, 2015, the order TES / 132/2015, of May 5, was published in the DOGC, which announces the relationship of the rates in force managed by the Department of Territory and Sustainability.Within the provisions of the Order, in point 38 of the annex, the rates for the technical inspection of residential buildings are approved. These fees will be applicable in the event that the technicians of the Generalitat of Catalonia make the inspection reports.
Decree Rehabilitation
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alfredoruiz@starquitectura.es