The ordinance of the Report of Building Evaluation (EEI) is of May 16^th, 2015 (entered into force the following day) and come to repeal the previous ordinance which regulated the inspection of buildings (ITE).

It was published in the official journal BOIB and approved by the town hall of Palma. It is applicable only the content of this information note to the mentioned municipality. Only those with more than 25,000 inhabitants (approximately) are required to regulate and to demand it. For example, in Inca, Manacor and Llucmajor.

The aim is to promote the maintenance of buildings.

The IEE report is made by a competent technician (technical architect, architect, engineer …).

It is the obligation/duty of the owner that this certificate being made.

The following hast to be stated/accredited:

1. The conservation status and security of the property (a visual inspection will take place).
2. Access condition (no discrimination for the persons with disability).
3. Functionality.
4.  Energy efficiency.
5.  Use the building according to current regulations.

Even the Supreme Court has pronounced on the matter: basic duty of the owner, primary and substantial. It is in particular an obligation to demonstrate compliance, which is a duty of result.

The certificate is valid for 10 years. It must be renewed when it expires.

When repair injuries are detected, they must be made by the owners without expressly requiring the administration to them.

The IEE report has to be handed in at the town hall by the owner of the property (either natural or legal person) or representative of the homeowner’s community.

The ordinance regulates the stages of the presentation of the report reporting according to the year of house construction. The key is that it is for buildings over 50 years (regardless of use), that means, those before 1966 taking into account the year in which we find ourselves. If we talk about a building with different construction units with different years of construction, the age of the main building is prevailing.

In order to determine the age of the building the cadastral information has to be attended (although it can also be certified with documents such as occupational license, final works certificate …). You may request suspension of the deadline for submitting the report if works are carried out or will be carried out (providing the documentation which proves it).

Now more residential buildings of collective use are required, besides the condition thereof, the certificate of energy efficiency and accessibility must be presented.

For one-family homes only the conservation status is required.

Exceptions to be considered:

– Buildings / constructions subject to specific sectoral rules (e.g. transformer stations).

– Individual parking spaces.

– Minor buildings.

Also to be considered is that the owner must have insurance to cover the liability.

If the report is not submitted on time, disciplinary proceedings against the owners will be initiated, according to the new land and planning law, as not presenting the report IEE, it is considered a mild urban infraction.

If the derivative works of the report are not carried out an enforcement procedure begins by opening a file penalty.

Important:

– The penalty for breach of the obligation to submit the report is 600 Euros to 1,500 Euros. If the repairs are carried out voluntarily (presenting report after initiation of disciplinary proceedings but before the penalty is imposed) the penalty is 150 Euros.

– If the report is unfavourable and afterwards the report does not credit that the necessary works have been carried out (favourable conclusion), the town hall grants three months as a last option. If those three months pass and the non-compliance persists, you can reach up to 3 impose coercive fines of 1,000, 2,000 and 3,000 Euros, giving each a further period of 3 months to carry out such Works.

Written by Anna Álvarez Escardó, Lawyer of ILLESLEX.

Comparte...