Real estate promotion
Introduction
In the Spanish Building Planning Law, the promoter is one of the building agents contemplated. It can be any natural or legal person who decides, promotes, programs and finances a building project. To do this, you must be the owner of the lot on which you are going to build, or have rights over it.
Promoter obligations
The promoter is responsible for commissioning the project and providing the designer "Projector (building agent)") with the necessary prior information. You must authorize any modifications to the project.
You must manage and obtain the necessary licenses and authorizations to build and contract the execution of the project. Said construction contract") must be signed by the promoter and the Builder "Builder (building agent)"), with the Construction Director and the Work Execution Director acting as arbitrators.
Likewise, once the work is completed, both sign the work receipt record"), both the provisional one and the definitive one (which is signed once the Builder has resolved those aspects considered insufficient by the promoter after the end of the work).
The promoter is civilly liable (without prejudice to the liability that may correspond to other building agents) for execution defects related to the completion of the work for a period of one year; for a period of three years from any construction defects or defects that affect the habitability of the property; and for ten years of defects that affect its structural elements. All these deadlines are calculated from the signing of the certificate of receipt of the work"). There is a period of 2 years from the moment they appear to claim defects detected within each of these deadlines. To cover the damages, the promoter must have material damage insurance or surety bond") for amounts of 5%, 30% and 100% (of the final cost of the material execution price "of the work plus fees")), respectively, for each type of defect indicated. The premium for these insurances must be paid before signing the work acceptance certificate.
At the end of the work, the promoter has the obligation to write the "Building Book" and to do so, he receives from the Construction Director and the rest of the agents, the Documentation of Executed Work and the guarantees. The Building Book includes information on the maintenance of the building and the guarantees of the agents participating in the construction. The promoter must deliver this Building Book to the owner or the community of owners of the building at the time of writing.
Self-promoter
The self-developer is the one who will use the building for his own use.