Key Aspects of Building Construction Regulations
LOE: Object:
1. Regulation of Construction Process
Regulates essential aspects of the construction process, duties and responsibilities of agents, and the guarantees necessary for proper development.
2. Occupational Hazard Prevention
The obligations and responsibilities concerning the prevention of occupational hazards are specified by its laws. When public authorities act as agents of the building process, it is governed by the provisions of the law of contracts of public administrations.
Scope:
1. Action and Result of Construction
The action and result of constructing a permanent building, whether public or private, will require these works:
- Construction of new buildings, except those with no residential or public character.
- Works for extensions that have environmental or historical significance.
2. Included Elements
Shall be considered included in building its fixtures and equipment, befitting the urban elements that remain attached to the building.
Basic Requirements for the Building:
1. Requirements
a) Functionality:
- Use
- Access
- Access to telecommunications, audiovisual, and information services
b) Security:
- Structural safety, ensuring that damage does not compromise the mechanical strength and stability of the building.
- Fire safety in use
c) Habitability:
- Hygiene, health, and environmental protection
- Protection against noise
- Energy saving and thermal insulation
- Functional aspects of the construction elements or facilities
2. CTE Regulatory Framework
The CTE is the regulatory framework that establishes the basic requirements for the quality of buildings and facilities. The basic rules of construction and other technical regulations are mandatory since the entry into force of this Act, as provided in the second final provision of this Act. Code requirements may be supplemented by other regulations issued by the competent authorities and regularly updated.
Project:
1. Definition of the Project
The project is the set of documents that define and determine the technical requirements of the works. The project will technically justify proposals and solutions.
2. Coordination of Projects
When the project is to develop partial or complete through projects or other technical documents, necessary coordination must be maintained without causing duplication in the documentation or fees to be collected by the authors of the various jobs listed.
Licenses and Authorizations:
The construction of buildings, the completion of the work being executed, and occupancy shall specify the required licenses and other administrative authorizations in accordance with applicable law.
Receipt of Work:
1. Definition of Work Receipt
The receipt of the work is the act by which the manufacturer, once completed, delivers it to the developer, who accepts it.
2. Documentation of Receipt
The receipt shall be recorded in minutes signed at least by the developer and builder, and it will contain:
- Parties involved
- The date of the final certificate
- The final cost of the actual execution of the work
- The declaration of acceptance of the work with or without reservations, specifying, where appropriate, the defects that must be rectified
- The guarantees required by the constructor
3. Refusal of Receipt
The promoter may refuse to receive the work on the grounds that it is not finished or does not comply with the contractual conditions.
4. Timeline for Receipt
Unless expressly agreed otherwise, the receipt of the work will take place within thirty days from the date of completion, as accredited by the final completion certificate. This period shall run from the notification in writing to the promoter. The receipt is tacitly understood to have occurred if, within thirty days from the date indicated, the developer has shown no reservations or written rejection.
5. Liability Timeline
The calculation of time of liability shall commence from the date that the certificate of acceptance is signed, or where it is tacitly understood to have occurred.
Documentation of the Work Performed:
After completion of construction, the project will be provided to the promoter by the director of the work, accompanied, at least, by the minutes of receipt, identifying the relationship of the agents who have been involved, as well as instructions on the use and maintenance of the building and its facilities. The building book will be delivered to the end users of the building.