1. What is the Buildings Inspection ?
It is a periodic Technical Inspection that must be passed by all buildings, constructions and facilities according to their age to determine their state of conservation, conditions of stability, security, tightness, consolidation and habitability, whatever their destination (housing, offices, industry , trade, etc.)
The Buildings Inspection will allow the execution of the immediate measures that avoid both the risks to the safety of people and the need to face more complex and expensive repairs in a timely manner.
Compliance with the provisions of the Ordinance may not justify the breach of the general regime of the duties of conservation and maintenance of the building.
Its cost will be paid by the OWNER.
2.What buildings are subject to inspection?
All buildings over 40 years, located within the municipality of Lugo, whatever its use and ownership.
The seniority that will be taken into account will be the one that appears in the Census of buildings exposed during the months of April and May 2009 in the Board of Edicts of the City Council, without prejudice to the updates of said data that can be carried out, as well as of the verifications that are made of the documentation that the owners may present contradicting said data.
The first inspection must be carried out within the year in which they turn 40 years old. The forty (40) years are computed from its construction or integral rehabilitation work.
Buildings subject to some type of protection because they are included in the categories of goods declared of cultural interest, cataloged and inventoried, in accordance with current regulations, must undergo the first inspection within the year in which twenty (20) years have elapsed since its construction or rehabilitation work
The second and third inspections will be done within the year in which ten (10) years have elapsed since the previous inspection.
From the fourth inspection, this will be done within the year in which five (5) years have elapsed since the previous inspection.
Buildings located within the scope of the PEPRI that carried out the inspection in 2005 will have a special regime and, during 2015 they will have to perform a new inspection.
3. Who is obliged to carry out the Buildings Inspection ?
The duty to carry out the technical inspection of the buildings corresponds to their owners. In the case of homes or premises integrated in a community of owners, the duty of inspection corresponds to the community itself. If this was not formally constituted, it will be the group of them all obliged to present it.
The owners must indicate the name of the president of the community of owners or, failing that, designate a representative before the City Council, with whom the subsequent proceedings will be understood. The relationships between the co-owners are strictly civil and cannot be claimed by the community to avoid compliance with the duty to submit the technical inspection of the building.
Any other legitimate owner of a real right over the building (usufructuary, lessee, mortgage entities, etc.) can also perform them in case of non-compliance with the foregoing.
In the event that the inspection affects buildings in which the owner dies, the provisions of the civil legislation must be followed for the purpose of determining the persons required to comply with the presentation of the inspection.
The buildings declared in a situation of ruin by firm resolution, and those subject to a contradictory file of ruin are excepted.
Each building will have a single Buildings Inspection(except in the cases provided for in article 36.5 of the Ordinance), so it will be the community in charge of requesting its realization.
4. How is the Buildings Inspection passed?
Owners must entrust a competent technical expert in the field to carry out the inspection aimed at determining the state of conservation or conservation works or, where appropriate, rehabilitation that were necessary.
The owner must provide the technical editor of the report with an inspection visit to all the premises of the building, so that he can determine the works that are necessary in the building to guarantee the conditions of constructive safety or that this does not require any action.
Once the inspection has been carried out, the result will be recorded on the standard form, which must be filled out by the corresponding professional association.
Said form will be presented by the property for its incorporation in the Building Registry of the General Registry of the City Council and its result will be reflected in the aforementioned Building Registry.
The formal duty to prove compliance with the conservation duty shall be verified by obtaining on behalf of the person who owns the report issued by a competent technician, in the content and within the established time limits.
5.Which technicians are competent to do the Building Inspection?
They have competence to perform the Buildings Inspection:
Architects, technical architects, or riggers in all cases (housing)
Industrial engineers and industrial technical engineers, as well as other branches of engineering according to the type of construction in question, provided that they are understood by their nature and characteristics in the own technique of each degree (ships, industrial buildings, metal installations .. .), as stated in Art. 2 of the LOE.
6. What documentation must be presented?
The ITE report will be presented in the General Registry of the City Council of Lugo, located in the Ronda de la Muralla nº 197, together with the technical file of the building that shows the custody procedure issued by the corresponding professional college, which certifies its correction and formal integrity, and with the formalities required in accordance with current legislation and ordinance.
The aforementioned report will have to be made according to the official model attached to the ordinance on conservation, rehabilitation and dilapidated state of buildings (ITE) as annex 1, which can be modified or replaced when deemed necessary by the Mayor or councilor in who delegates competent in the matter.The effectiveness of the report requires sending a copy of it to the City Council, as well as the corresponding professional association for registration and custody in its Registry, for the purpose of obtaining a custody proceeding in order to accredit the following aspects:
Certify the correctness and formal integrity of the inspection report and the technical sheet
Prove the identity and professional qualification of the author of the work.
The consistency of the documentation of the professional work presented (with the identifying data that will be collected in the certificate)
The identity between the work delivered to the professional college in compliance with the provisions of article 200.2 of the LOUGA and the one presented at the Town Hall.
In the case of buildings belonging to public administrations, the reports may be formed by their competent technical services.
The report must express unequivocally whether it is favorable or unfavorable and with the formalities required in accordance with current legislation. They must submit to the City Council a printed copy of the report issued in the event that it is favorable, and two printed copies of the report issued in the event that it is unfavorable. Likewise, in both cases a copy must be submitted in digital format compatible with the registry of computer buildings established in article 33 of this ordinance, and such presentation may be substituted in digital format, at the time when it is technically feasible in the City Hall its reception electronically.
They must be duly completed, filled out and accompanied by:
Photo report of the exterior and interior of the building (in color and minimum size 8 x 5 cm), with expressive explanatory legends of the corresponding report content. The photo report will be signed by the inspection technician.
Situation map at minimum scale 1: 1000. In it both the boundaries of the plot and the set of buildings that have been inspected will be graphically delimited.