Since 26th February 2011 is in force the Decree 187/2010, from 23 of November, concerning the technical inspection of buildings housing (ITE), which establishes the obligation (DOGC 26.11.2010), by the ownership of a property, to preserve it and rehabilitate it, in order to keep it in terms of effective and appropriate use. In the case of buildings subjected to horizontal property regime, this obligation lies on the relevant organs of the community. When in the building there is more than one community, you can order a technical inspection for each community.
To check the compliance of this obligation, the decree establishes that the property is responsible for commissioning the technical inspection of buildings housing (ITE) which will be mandatory for all multi-family housing buildings older than 45 years. In the case that the inspection would order works to solve major or seriously enough deficiencies, property is forced to order reparation works to solve the detected problems during the time rates established by the law.
The technical inspection of buildings housing, as explained before, is the way established by Administration to verify that the owners keep the buildings in a correct state of maintenance and use.
An ITE has three steps:
1. Visual inspection of the common elements of the building, done by the architect. If during this inspection deficiencies with imminent risk for people are detected, the architect must communicate it immediately to the property and to the Council in order to adopt the necessary safety measures to avoid accidents.
2. The drafting of the report of the technical inspection, according to a standard model, where the state of the building is qualified in one of the four degrees established by law: 1.-With very high risk deficiencies; 2.-With high risk deficiencies; 3.-With low deficiencies or 4.-Without deficiencies. According to the detected deficiencies may be necessary to carry out repairing works and the consequent certificate of End of works.
3. The aptitude certificate issued by the Administration. This certificate shall be of Suitable when the building has No deficiencies (4), Low deficiencies (3), or High risk deficiencies (2) and a competent technician (architect or technical architect) states in an official certificate that the deficiencies have been properly amended.
Buildings rated with Very high risk deficiencies (1) will be qualified as Not Suitable, and may entail the imposition of fines and penalties, as well as the impossibility of selling the building and, accordingly a real and effective loss of the value of real estate.
The certificate of aptitude has a validity of 10 years, after that it has to be renewed by following the same procedure explained before and within the following year on its expiry. The validity of the certificate with rating of Suitable rest subordinated to maintaining the necessary requirements for its grant.
In the Decree are established a maximum time limits for carrying out the inspection which are summarized on the following schedule:
Pre 1930, Until 31.12.2012
Between 1931 and 1950, Until 31.12.2013
Between 1951 and 1960, Until 31.12.2014
Between 1961 and 1970, Until 31.12.2015
From 1971 until 31 December of the year in which the building reaches the 45 years.
SERVICES TOWARDS ITEs
The technical inspection of the building with the issuance of the corresponding technical report.
The project and management of the reparation works to be performed to correct deficiencies, issuing certificate of End of works, necessary to obtain the certificate of aptitude for the building.
The project and management of improvement and rehabilitation works, (structural interventions, works to repair or improve the installations, the conditions of habitability and accessibility, or to improve energetical efficiency of the building...)
Drafting and follow-up of planning activities necessary for the preservation and proper maintenance of the building, including the technical documents required for the administration or projects.
The Book of the building and, in particular, the Technical Specifications Document, which will include the Instructions for Use and Maintenance (1) and the Maintenance Plan of the Building (2).