Technical inspection of buildings

Technical inspection of buildings

March 9, 2020 Off By Pinakin Vaghela

Frequently Asked Questions

1. What buildings are required to pass the Technical inspection of buildings?

They must undergo mandatory technical inspection:

Single-family or multi-family buildings, where there is the use of housing, notwithstanding that they may also contain uses other than residential.

It does not apply to single-family buildings where its main building, excluding auxiliary constructions of little Technical inspection construction entity, is separated 1.5 meters or more from public roads, public use areas and adjacent farms.

2.What is the deadline to pass the Technical inspection of buildings?

All residential buildings must undergo a technical inspection before the age of 45, taking the date stated in the cadastre as the date to determine their age. If it is not recorded, seniority can be accredited by other means admitted in accordance with the law.

To prove compliance with this obligation to submit to the Administration the Inspection Report of the residential building before the age of 45, with the following exceptions:

For multi-family residential buildings older than 1950, the following programming is established to pass the inspection of the building:

Antique multi-family building Maximum period to pass the ITE inspection
Between 1951 and 1960 Until December 31, 2015
Between 1961 and 1971 Until December 31, 2016
As of 1971 The year that turns 45 years old

The single-family dwelling buildings that have a valid certificate of occupancy at the time of reaching the deadlines set in this calendar are not required to submit the Inspection Report of the building until the expiration date of this certificate of occupancy.

3.How can you determine the age of a building?

It is determined according to the year of construction that appears in the cadastre. If it is not recorded, seniority can be accredited by other means admitted by law (certificate of end of work or certificate of first occupation are the most common documents that can be obtained from the municipal archives to certify the date of construction).

4.Who is responsible for commissioning the Technical inspection of buildings and who assumes the cost?

The obligation to submit the residential buildings to inspection corresponds to the owners; in the case of buildings under horizontal ownership, to the community of owners. Doing the Technical inspection of buildings is a legal obligation for those buildings over 45 years old.

Owners and occupants must facilitate access to homes and other entities at the time of inspection, in order to enable the building inspection.

The economic cost derived from the inspection is borne by the owners of the building. In case the owners cannot assume it, the public administrations can subsidize the cost of the inspection of buildings if they ask for help to finance the corresponding rehabilitation works and they are granted. The lack of resources does not exempt ownership of the obligation to do the inspection of buildings.

5.In what cases is it necessary to have the aptitude certificate?

It is mandatory to deliver the certificate of aptitude of the building in the acts of housing transmission.

In the acts and contracts for the transmission of homes, a copy of the technical inspection report must also be given to the purchasers in the event that the building is obliged to pass the inspection.

6.What consequences does the failure to carry out the inspection have?

According to Law 18/2007 on the right to housing, not having the inspection report of the building is a serious infraction in terms of quality of the real estate park, in the cases in which it is enforceable, and may lead to penalties.

7.Who is responsible for commissioning the Technical inspection of buildings and who assumes the cost?

The obligation to submit the residential buildings to technical inspection corresponds to the owners; in the case of buildings under horizontal ownership, to the community of owners. Doing the Technical inspection of buildings is a legal obligation for those buildings over 45 years old.

Owners and occupants must facilitate access to homes and other entities at the time of inspection, in order to enable the building inspection.

The economic cost derived from the technical inspection is borne by the owners of the building. In case the owners cannot assume it, the public administrations can subsidize the cost of the Technical inspection of buildings if they ask for help to finance the corresponding rehabilitation works and they are granted. The lack of resources does not exempt ownership of the obligation to do the Technical inspection of buildings.