The Building Regulation Law, commonly known as LOE, is the legislation currently in force in Spain (since 1999) that establishes the basic requirements that must be met in building construction.
Objectives of the Building Regulation Law
The main objective of the Building Regulation Law (LOE) is to regulate the construction process, defining the obligations and responsibilities of all parties involved in order to protect the guarantees and rights of building users.
The law establishes requirements for all buildings with the aim of ensuring:
- Safety for people.
- Social well-being.
- Environmental protection.
These requirements focus particularly on the functionality of buildings, including minimum dimensions, accessibility, and access to services. They also address building safety, taking into account structural stability, emergency situations, and habitability conditions.
The law also requires construction companies to obtain all necessary administrative licenses and permits, and once the construction work is completed, they must report any modifications made during the process.
Timeframes Established by the Building Regulation Law
The time periods established by the LOE begin from the official reception date of the completed construction work and are divided as follows:
- Guarantees during the first year.
- Guarantees that can be claimed during the first 3 years.
- Guarantees valid for up to 10 years.
Guarantees Established by the Building Regulation Law
To claim civil liability for material damage to a building, the following guarantees apply according to the time period:
Within 1 year
The builder is responsible for material damage caused by defects in execution, particularly those affecting finishing elements or construction details.
Within 3 years
Responsibility applies to material damage caused by defects in construction elements or installations that fail to meet the required habitability standards.
Within 10 years
Responsibility covers serious structural damage, including problems affecting the foundations, supports, beams, floor structures, load-bearing walls, or other structural elements that compromise the building’s mechanical resistance and stability.
Responsibilities of the Parties Involved in Construction
All parties involved in the construction process have specific responsibilities under the Building Regulation Law.
Responsibilities of the developer (promotor)
- Obtain construction licenses.
- Obtain the necessary documentation and project information.
- Arrange damage or guarantee insurance.
- Provide documentation to the buyer.
Responsibilities of the project designer (proyectista)
- Prepare and draft the construction project.
Responsibilities of the builder (constructor)
- Carry out the construction work according to the project.
- Appoint the site manager.
- Provide the necessary personnel and material resources.
- Arrange subcontracting agreements.
- Sign the site layout certificate.
- Provide necessary information to the construction director.
- Arrange damage or guarantee insurance.
Responsibilities of the construction director (director de obra)
- Supervise the development of the construction work according to the project and the approved licenses.
Responsibilities of the construction execution director
- Oversee the material execution of the construction work.
- Ensure quality control and compliance with technical standards.
Responsibilities of quality control entities and laboratories
- Provide technical assistance.
- Determine the quantity and quality of personnel and materials required.
Responsibilities of product suppliers
- Supply construction materials and products.
- Provide instructions for proper use and maintenance.
Importance of the Building Regulation Law in the Real Estate Sector
The importance of the Building Regulation Law in the real estate sector lies in its role in ensuring that all constructions meet current quality and safety standards.
This provides professionals in the real estate industry with the assurance that buildings comply with existing regulations and meet the quality levels expected by buyers.
It also offers a guarantee for purchasers, ensuring that their rights are protected and that the property they acquire meets the required legal and technical standards.
Frequently Asked Questions About the Building Regulation Law
What happens if the Building Regulation Law is not complied with?
If a building does not comply with the LOE, several limitations may apply:
- No construction work may be carried out that increases the building’s volume, modernization, or expropriation value, although repairs may still be permitted.
- For buildings constructed under previous regulations, only maintenance work to preserve safety and habitability conditions is allowed.
- If the building is irregular or built without a valid license, access to basic services or administrative authorizations may be denied until the necessary permits are obtained. During this time, the building is considered illegal and construction work cannot be carried out.
Are there exceptions to the rules established by the Building Regulation Law?
The Building Regulation Law does not apply to certain types of new construction, including:
- Simple and low-technical constructions.
- Buildings not intended for residential use.
- Constructions developed on a single floor.