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New Law whats your opinion ?

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New Law whats your opinion ?

Post by Boothjendar on Fri May 20, 2011 9:31 pm

I've been following this thread on another forum an wonder if anyone else has any info in relation to Cave houses ?

EG. Most Cave homes are well over 40 years old but have a more recent reform date, does this mean this inspection is calculated from the date of the cave or reform?

Does it even affect cave homes ?


Will the inspection report be required in order to resale ?


a new law that has been passed - Ley de Sostenibilidad del Medio Urbano - that seems to have "coincided" with the terrible earthquake damage to buildings in Lorca.

Any building that is over 40 years old will have to have a technical inspection - Inspección Técnica de Edificios (ITE). It is also being called the ITV (Inspección Técnica de Viviendas) for buildings and must be carried out every 15 years.

More info:

[You must be registered and logged in to see this link.] ... _8825.aspx

[You must be registered and logged in to see this link.] (this site has made an "error" in saying the inspections have to be carried out every 10 years...)

Typical "informe" here (for Sevilla)
[You must be registered and logged in to see this link.] ... me_ite.pdf

As per usual it seems the onus is on property owners to somehow find out this information and act on it...or be potentially fined. It sounds a bit like the HIP scheme in the UK...and I imagine that prospective purchasers (if they know about it!) will be requesting one of these from vendors...or maybe Notaries will soon require it?
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Re: New Law whats your opinion ?

Post by Dave on Fri May 20, 2011 10:05 pm

So who would be responsible for carrying out these inspections, and who will have to pay?
Very interesting, please keep us up to date with any more news.

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Re: New Law whats your opinion ?

Post by Boothjendar on Fri May 20, 2011 10:14 pm

The resposibility and cost lays with the home owner, and each province in Spain has dedicated companies already set up who carry out the inspection and issue the certificates. Smells abit like HIPS but is only for older properties of all types I think, House, office. apartment, Garage etc

Interesting a fine can be imposed if the inspection isnt done, but as this is a new thing Ive no idea who imposes it or even when.
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Re: New Law whats your opinion ?

Post by Boothjendar on Fri May 20, 2011 11:35 pm

From the link [You must be registered and logged in to see this link.] for those people like me whose Spanish is not brilliant.



The Government will require buildings over 40 years to pass a technical inspection
Editorial fotocasa.es, 16/05/2011

Secretary of State for Housing and Urban Projects, Beatriz Corredor, has announced that residential buildings with more than 40 years of age must pass a technical inspection every 15 years.

Beatriz Corredor
The inspection also will offer recommendations to improve the energy efficiency of homes, as explained at the inauguration of the Barcelona games Construmat held in the Gran Via

According to the Secretary of State, the next Act Urban Environment Sustainability establish the obligation to carry out a technical inspection of buildings "and that this is an issue that is poorly regulated in the existing regional legislation and lacks a common denominator for throughout Spain, "said Runner.

"We want to make a general inspection," he said, for what will be taught basic rules for buildings 40 years old from the construction or rehabilitation since his last pass an inspection with a periodicity of 15 years.

In addition, an analysis of the energy rating of homes that will determine "what works and recommendations are needed for energy saving in housing," said Runner, who has put such an investment of 3,500 euros to improve energy efficiency a home by installing double glazing or changing the boiler "can save up to 76% of final consumption, equivalent to 600 per year to amortize the investment five or six years."

According to the secretary of state is necessary to speak of the energy improvement "as an investment not an expense."

Catalunya and provides inspections

The announcement of the new state law comes three months after that Catalonia has entered into force the decree establishing the Technical Inspection of Buildings (ITE) as a mandatory review which will pass all multifamily residential buildings with more than 45.

Under this decree, in force since 25 February, a technician - architect, building surveyor or engineer - visually inspect the condition of houses and in the event of shortcomings, he shall notify the owner and the town hall municipality to take action, and also aims to inform the administration if they are cases of "substandard."

The inspector will issue a certificate of fitness - fit or unfit - to be issued by the Housing Agency of Catalonia or local authorities who have wanted to take this competition, and will run for ten years, because after this time will need to renew it.

In addition, the Housing Agency of Catalonia and the local authorities may require to undergo technical inspection buildings impairments, but not exceeding 45 years
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Re: New Law whats your opinion ?

Post by Jenny on Sat May 21, 2011 3:35 am

Blimey! Our cave house is very old and has been continually inhabited for nearly 200 years. Fortunately, we had a full structural survey done by a structural engineer specialising in caves before we bought and I should hope that updating that to meet the current law would be relatively straightforward.

The HIPS scheme in the UK has been discontinued, by the way. It proved to be unworkable.
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Re: New Law whats your opinion ?

Post by Dave on Sat May 21, 2011 1:31 pm

Jenny wrote:Blimey! Our cave house is very old and has been continually inhabited for nearly 200 years. Fortunately, we had a full structural survey done by a structural engineer specialising in caves before we bought and I should hope that updating that to meet the current law would be relatively straightforward.

The HIPS scheme in the UK has been discontinued, by the way. It proved to be unworkable.

And cost a lot of people large sums of money! Mind you a lot of people also tried making large sums of money!

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Re: New Law whats your opinion ?

Post by Boothjendar on Sat May 21, 2011 4:44 pm

It would seem this topic is getting a lot of press at the moment because of the earthquake in Lorca.

The central Government aren't happy that regional authorities didn't act on it sooner as in their opinion a number of already unsafe structures in Lorca would have been identified and either repaired or condemned.

The authorities are now liaising with Insurance companies in order to insure that cover is not issued unless the property has an in date certificate and Mortgage companies are investigating the need to impose the rule prior to offering loans.

It would seem Spain is keen to adopt a system not unlike the UK's where by a survey is mandatory in order to obtain a loan. Off course in Spain this has never been the case !!!

Still not able to find out the facts as they would affect structures such as caves, perhaps Victorio will pop in to contribute.

Anyway the big push is now on by all the regions to comply with and adapt the law as they see it, and from what I can gather a resale will be impossible from Feb 2012 without the certificates.
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Re: New Law whats your opinion ?

Post by La Mancha on Sat May 21, 2011 7:17 pm

This seems to be the crucial phrase for us "for buildings 40 years old from the construction or rehabilitation" Ours cave has a catastral date of 1940, although it is much older than that, but has lain empty for many years before we reformed it in 2006. Do we therefore have a rehabilitation date of 2006? Will be interesting to see how this pans out for caves.

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Re: New Law whats your opinion ?

Post by Blatantadvertising.com on Sat May 21, 2011 7:26 pm

I have spent an hour trying to find anything about this on an official site, ie granada.org or suchlike and can find no reference. Has anyone found any info on a website that is not a forum or commercial site?
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Re: New Law whats your opinion ?

Post by Boothjendar on Sat May 21, 2011 8:52 pm

look here !!

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All in Spanish but if you google Ley de Sostenbilidad del medio Urbano you will get all the info both Governmental and Commercial but its all very confusing !!
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Re: New Law whats your opinion ?

Post by Boothjendar on Sat May 21, 2011 9:18 pm

Translation of the new law by Babelfish !!

THE FUTURE LAW OF QUALITY AND SUSTAINABILITY OF URBAN MEANS The Law of Sustainable Economy (THEM) dedicates, in its Title III, a complete Chapter IV (articles 107 to 111), to the rehabilitation and the house, in the policies for the attainment of more sustainable urban means. The parliamentary procedure of this Law is in phase very outpost. The future Law of Quality and Sustainability of Urban Means will intend to reinforce the contents of the Law of Sustainable Economy, with complementary normative forecasts directed a: • To favor and to impel the sustainable urban development, especially by means of the viability and effectiveness of the activities of rehabilitation of buildings and urban regeneration, the suppression of the ties make difficult that them, and the promotion of the efficiency energetics and the universal accessibility, from the point of view of the state competitions and • To regulate the basic conditions that guarantee the equality in all the territory state, of the rights and constitutional duties related to the quality and sustainability of urban means, considering the recognized state competition in the article 149,1, 1ª of the Constitution. In order to understand the necessity of this new norm it is necessary to consider the following data: • 40% of the total consumption of energy in the scope of the EU correspond to buildings, and to reach the objective of the Strategy Europe 2020 to reduce after that year the power consumption in a 20% - or in a 30% if they occur the conditions stop it, must be taken care of the considerable potential of saving especially of construction and, especially, of the existing park of buildings. • the weight of the rehabilitation in Spain is fifteen points behind the average European, being so, between the objectives for year 2020 of the Strategy of Sustainable economy, figure to reach an activity of the sector destined to rehabilitation next to 35%. For it, it is precise to harness the access to financing for the rehabilitation, of all the interested citizens, of more effective and simple way. • the Spanish normative production specifically related to the development sustainable in urban means he is little, when nonnonexistent. Nevertheless, this one more purely presents/displays deficiencies that go, from its aspects city-planning, to environmental, economic and the social ones. • The legal insecurity that brings about our effective legal ordering in certain scopes must be correction object, especially if this one affects of negative way in the economy, through the investment. In agreement with all the expressed elements, the future Law proposes, of way specific, the following objectives: 1º. - To determine the criteria basic of quality and sustainability of the urban means that constitute the minimum frame in which the Independent Communities they will be able to develop theirs own. The future Law will establish minimum basic criteria to define by the powers public, who the CCAA and the municipalities can extend in agreement with their local realities. The criteria will settle down for homogenous sets, will be public and they will be gotten up to the Information system that is defined in article 109 of THEM. Criteria, for example, of territorial and global sustainability, as to diminish the track ecological and to make a use rational of the energy and the natural resources, to reduce to the residues and all the forms of contamination; Also, among others, criteria of proximity, accessibility and sustainable mobility, like the coordination between the territorial arrangement and the city-planning planning with the planning of infrastructures and the services of the transport, healthful mobility, by means of nonmotorised ways. In addition, the norm will allow to realise and to obtain, of voluntary way, certifications of quality and sustainability of new urban developments, or activities on grounds urban already transformed, as well as to create audit systems on the matter. In this line, it will be created in the Ministry of Public Works and the Economy a state registry of these systems of audit, accreditation or certification of the quality and sustainability of the urban means, that will be able to suppose an interesting incentive - in whatever to publicity of this quality it stops powers professional, citizen public, schools and other deprived, national and international organisms and institutions. 2º. - To regulate the basic conditions that guarantee the sustainable urban development and to establish the constitutional conditions of equality in the rights and duties related to urban means, as it demands the article second of the Law of Ground, with character of uniformity for all the state territory and, in particular, in relation to the quality and sustainability of urban means. Thus, for example, it will recognize the rights and specific duties of the property of lands, facilities, constructions and constructions of particular use including in urban means. They are included/understood among them, besides all the already established in the Law of Ground, those to participate in the execution of activities of rehabilitation edificatoria or urban regeneration, in a regime of right distribution of benefits (including the public aid), and of loads. 3º. - To define, beyond the conceptual interest that could have, which is understood by activities of urban regeneration. 4º. - To regulate the activities of rehabilitation edificatoria and urban regeneration, identifying the legitimized subjects to participate in new them and offering instruments that facilitate the management and so necessary the interadministrative cooperation in these cases. Between these subjects, the future Law will mention specifically, besides Public administrations, the communities and groupings - unavoidable and voluntary of proprietors, the cooperatives formed to the effect, the land proprietors, urban constructions, constructions, property and the holders of real rights or of advantage, the companies, organizations or societies that take part to any title in these operations, and the administrative associations that are constituted by them. 5º. - To determine a state basic regulation of the technical inspection of buildings, that will reach, like minimum, to all the buildings destined predominantly to use residential that they have more than 40 years of antiquity, counted from the completion of his construction or its complete rehabilitation. Nonsuperior to 15 years will have a minimum regularity. In addition, it is qualified to him so that it includes the certification of the efficiency energetics of the houses, as it demands for the new houses that are put for sale or in rent, the Law of Sustainable Economy, once its regulation settles down. However, it is anticipated to delay the exigency of ITE up to six months after entrance in force of this Law 6º. - To establish formulas been suitable for the financing and management of the activities of rehabilitation of buildings and urban regeneration, between the operating public Administrations, the agents responsible for the management and execution of activities of rehabilitation edificatoria and of urban regeneration, and other subjects already mentioned. In this frame, the effective regulation in the matter of preventive annotation of repairing credit will be perfected, with the intention of facilitating the financing in the scope of the urban rehabilitation and regeneration. In this way, one equips this guarantee with one substantive quality and procedural resemblance to the one of a mortgage, and the loans and credits guaranteed by the same will be able to enjoy types of interest and a duration similar to those of the credits and loans guaranteed by the real estate mortgage. 7º. - To determine rules of interadministrative cooperation. Is to make cash the principle of which it stops to benefit from the cooperation administrative, economic technique and of the General Administration of the State, and to have priority in the effective state aid, certain criteria fixed beforehand by this one are fulfilled beforehand 8º. - To reinforce the registry guarantees in the operations of rehabilitation and regeneration. This measurement requires to reform necessarily some effective legal texts, like Civil code, the Hypothecating Law, the Competing Law or the Ground Law. With these reforms the legal security in important scopes will be extended, as it happens with the call contract of contribution or exchanges and cessions of ground by future construction, that will be suitable for registration in the Registry of the Property; or the preventive annotation of the repairing credit, already mentioned in the paragraph sixth. 9º. - To introduce measures to guarantee the legal security before procedures judicial office staff or in which the illegality of city-planning licenses previously granted is declared, aspect this one widely demanded by the real estate sector and the citizens generally, and of special way by the foreigners who buy houses in Spain. When a file by illegality of the license begins, this one will not be able to affect to third party if the initiation of the procedure in the Registry does not consist, by means of preventive annotation. On the other hand, it will be declared specifically that the writings granted in other countries communitarian before communitarian notaries they are suitable for registration in Spain - following what that says already it admits the jurisprudence and, in addition, such notaries will be able to request of the Spanish registries the information continued in the same terms that the Spaniards
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Re: New Law whats your opinion ?

Post by Blatantadvertising.com on Sun May 22, 2011 9:57 am

Is this not the uk equivilant of a ,white paper, as it talks of'' incorporating, future and amending cilvil law''?
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Re: New Law whats your opinion ?

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