Characteristics
What it contains
The IEE must identify the real estate, stating its cadastral reference[5] and contain, in detail:
a) The evaluation of the state of conservation of the building.
b) The evaluation of the basic conditions of universal accessibility and non-discrimination of people with disabilities for access and use of the building, in accordance with current regulations, establishing whether or not the building is susceptible to making reasonable adjustments to satisfy them.
c) The energy certification of buildings, with the content and through the procedure established for it by current regulations.[6].
When, in accordance with regional or municipal regulations, there is a Technical Building Inspection (ITE) that already allows the evaluation of the points indicated in letters a) and b) above, it may be complemented with the certification of energy efficiency referred to in letter c), and will have the same effects as the report regulated by Law 8/2013. Likewise, when the IEE contains all the elements required in accordance with the regional or municipal regulations, it may have the effects derived from it, both in relation to the possible requirement of the correction of the observed deficiencies, as well as in terms of its possible subsidiary execution by the Administration and at the expense of the obligated parties. All of this, regardless of the application of the appropriate disciplinary and sanctioning measures, in accordance with the provisions of the applicable urban planning legislation.
Mandatory
According to article 4 of Law 8/2013, the owners of properties located in residential buildings of collective housing that are older than 50 years are obliged. According to article 2, section 6 of this Law, a residential typology building for collective housing is understood to be: "one composed of more than one dwelling, without prejudice to the fact that it may contain, simultaneously, other uses other than residential. With an assimilated character, it is understood to be included in this typology, the building intended to be occupied or inhabited by a group of people who, without constituting a family nucleus, share services and are subject to a common regime, such as hotels or residences". In principle, and unless required by regional or municipal regulations, single-family homes are therefore excluded.
The owners of any building, regardless of its age, are also required to carry out the IEE when they intend to request public aid** to carry out conservation, universal accessibility or energy efficiency works, and always prior to formalizing the request for the corresponding aid.
Submission deadlines
In accordance with the Provision of the First Transitory Provision of Law 8/2013, and without prejudice to the fact that an Autonomous Community - depending on the location of the property - approves a more demanding regulation and what the municipal ordinances provide, the obligation to have the IEE must be made effective, at a minimum, in relation to the following buildings and within the deadlines indicated below:.
a) For residential buildings of collective housing that were already more than 50 years old on June 28, 2013 (date of entry into force of the Law), within a maximum period of 5 years. That is, they must have the IEE before June 28, 2018.
b) For buildings of residential type for collective housing that are turning 50 years old as of June 28, 2013, within a maximum period of five years, counting from the date on which they reach such age.
c) For buildings of residential type for collective housing over 50 years old that had already carried out, prior to the entry into force of Law 8/2013, the Technical Building Inspection (ITE) in accordance with its applicable regulations and that, in accordance with this, must review it within 10 years from the entry into force of the Law, at the time when said review corresponds.
d) For buildings of residential type for collective housing over 50 years old that had already carried out, prior to the entry into force of Law 8/2013, the Technical Building Inspection (ITE) in accordance with its applicable regulations and that, according to this, must review it after more than 10 years from the entry into force of the Law, they must complete their ITE with the aspects that are absent from it and that are required in accordance with the IEE, before June 28, 2023.
e) For any building, regardless of its age, whose owners intend to request public aid to carry out conservation, universal accessibility or energy efficiency works, prior to formalizing the request for the corresponding aid.
f) The rest of the buildings, when determined by the regulations of the corresponding autonomous community or City Council, which may establish specialties for the application of the aforementioned report, depending on the location of the building, its age, typology or predominant use.
Competent technicians
Article 6.1 of Law 8/2013, on Urban Rehabilitation, Regeneration and Renewal (Training for the Building Assessment Report) establishes the following:
"1. The Building Evaluation Report may be signed by both the competent optional technicians and, where appropriate, by the registered inspection entities that may exist in the Autonomous Communities, provided that they have said technicians. For these purposes, a competent optional technician is considered to be one who is in possession of any of the academic and professional qualifications qualifying for the drafting of projects or management of works and management of execution of building works, as established in the Law 38/1999, of November 5, on Building Planning, or has accredited the necessary qualification to prepare the Report, as established in the eighteenth final provision.”.
These technicians, when they deem it necessary, may seek, in relation to aspects related to universal accessibility, the expert judgment of entities and associations of people with disabilities that have an accredited track record in the territorial area in question and have among their social purposes the promotion of said accessibility.
The eighteenth final provision of Law 8/2013 establishes the following:
"By Order of the Ministry of Industry, Energy and Tourism and the Ministry of Public Works, the qualifications required to subscribe to the Building Assessment Reports, as well as the means of accreditation, will be determined. For these purposes, qualifications, training, experience and the complexity of the assessment process will be taken into account.".
Furthermore, section 2 of this article 6 of Law 8/2013 provides that:
“2. In the case of buildings belonging to the Public Administrations listed in article 2 of Law 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure, the Evaluation Reports may be signed, where appropriate, by those responsible for the corresponding technical services who, due to their professional training, can assume the same functions referred to in the previous section.”.
It ends by pointing out section 3 of the same provision that “The deficiencies observed in relation to the evaluation of the provisions of article 4.2 will be justified in the Report under the criteria and responsibility of the competent technician who signs it.”.
Note: See also "Informative note General Urban Planning Subdelegation - Training to subscribe Building Evaluation Reports"[7].
How to do it
An official computer application has been developed by the Ministry of Development - online - for the competent technicians to complete the Building Assessment Report, according to the model that appears in the Annex to Royal Decree 233/2013, of April 5, which regulates the State Plan to promote housing rental, building rehabilitation, and urban regeneration and renewal, 2013-2016[8].
Where is it delivered?
According to section 6 of article 4 of Law 8/2013, the property owners required to carry out the IEE must send a copy of it to the body determined by the Autonomous Community..
The same rule will apply in relation to the report that accredits the completion of the corresponding works, in cases in which the IEE integrates the report corresponding to the Technical Inspection, in the terms provided, and whenever the need to correct the deficiencies observed in the property arises from the latter.
Failure to comply with the duty to complete the IEE regulated by Law 8/2013 in a timely manner will be considered an urban planning violation, with the nature and consequences attributed by the applicable urban planning regulations to failure to comply with the duty to provide the technical building inspection report or equivalent, within the expressly established period.
• - Direct access to the online application for writing the Building Evaluation Report - Ministry of Housing and Urban Agenda.
• - Video of how the IEE application works - Information Day Eduardo Torroja Institute of Construction Sciences.
• - Technical Building Code.
• - OVACEN.
• - Foundation for Energy Efficiency Archived December 27, 2014 at the Wayback Machine.
• - Association of Energy Efficiency Companies.
• - IDAE - Institute for Energy Diversification and Saving.