When does a building in Catalonia have to pass the building inspection? How do I know whether it has passed?

Question

José Manuel Alburquerque · Accepted Answer

Residential buildings in Catalonia must pass the building inspection (“ITE”) before they are 45 years old, counted from the date recorded in the Cadastre (“Catastro”). After that, it must be repeated before the certificate expires. A technician engaged by the owners' association (the “comunidad de propietarios”) prepares the report and, on the basis of it, the “Agència de l'Habitatge de Catalunya”, the Catalan housing agency, or the town council if it has its own programme, issues the certificate of fitness, which lasts more or fewer years depending on the defects found. To find out whether your building has passed it, ask the president or the managing agent for the report and the certificate, which are kept in the building logbook (“libro del edificio”). Not having the report when it is compulsory is a serious offence, with fines of 9.001 to 90.000 euros. When it is due It is governed by Decree 67/2015 of 5 May. It applies to residential buildings, including those that also have commercial units or other uses. The inspection must be carried out before the building is 45 years old, counted from the date recorded in the Cadastre or, if none is recorded, from the date that can be proved by other means. If your block of flats is already that old, it should have passed it, because the special time limits for older buildings ended years ago. After a full refurbishment, the 45 years start counting again from when the works are completed. The Catalan housing agency or the town council can require it to be brought forward if they detect defects. In addition, the inspection is repeated. A new one must be passed before the certificate of fitness expires, which lasts ten years if the building is in good condition and less if it has defects. The report and the certificate The owners' association commissions the report from a qualified technician, who reviews the condition of the common parts and classifies the defects as very serious, serious, significant or minor. The certificate of fitness is applied for with the report. If the authorities do not reply within three months, it is deemed to have been granted. Depending on the outcome, the certificate is one of the following types: Fit, if there are no defects or only minor ones. Valid for ten years. Provisionally fit, if there are significant defects. Valid for six years. Fit on a precautionary basis, if there are serious or very serious defects and the provisional safety measures have already been taken. Valid for three years. If there are serious or very serious defects without those measures, the certificate is refused. When there are defects, the owners' association must approve the works to correct them. The report, the certificate and the works are common expenses, which are shared according to the participation share, the percentage that each flat or commercial unit holds in the building. How to find out whether it has passed You have three ways of checking: Ask the president or the managing agent for the report and the certificate. They are kept in the building logbook, which is in the president's charge or, if the owners' association so decides, in the charge of the secretary or the managing agent. Ask the Catalan housing agency, which issues the certificates. If you are going to buy a flat, ask the seller for a copy of the report and the certificate. The seller must hand it over. Only if the seller shows the notary that they do not have it available can you release them from doing so, which must always be done expressly. Not having the report when it is compulsory is a serious offence under the Catalan housing act (the “ley del derecho a la vivienda”), with fines of 9.001 to 90.000 euros. Without a valid certificate, it is also usually difficult to obtain grants to refurbish the building.