[020] JURISDICTION TO ISSUE MUNICIPAL ARCHITECT TECHNICAL-LEGAL REPORTS
municipal architect I find myself on numerous occasions, within a procedure, in a position to resolve technical and legal arguments, which in many cases exceed my legal knowledge, due to the absence in the council of a technical degree in law. I wanted to know if there is legislation or case law that determines the limit of my powers at the time of reporting and if this can be illegal.
Pere-Joan Torrent Riberto. Advocate
The problem you pose is very frequent and common of all those small municipalities that do not have at least a degree in law secretary. There is no rule to determine in detail the limit not only the skills but not the obligations of a municipal architect at the time of issuing their reports. Laws and Regulations refer to "technical report", but recognize that within the technical adjective, fit many meanings. I think the municipal architect should report to arrive exactly where their skills, those who are part of those studied in a career in architecture. The confusion stems from the land laws and land laws are made by lawyers and architects at a time, and their contents dumped items highly legal and highly technical. The consequence is that the application of these laws to municipal administrative files have opened legal knowledge and expertise. Therefore, it is often necessary to have the reports of a lawyer and an architect. When you lack one of two problems arise in the reports. In response, we can only recommend that you limit your reports to report on matters in which you have expertise, leaving those matters for a lawyer for which you do not have sufficient basis for reporting. If the lawyer does not exist is a matter to be resolved by the Consistory. If an architect information beyond their knowledge, this is not to commit anything illegal. It is a competition problem, rather it is a problem of responsibility. The problem is that I can report the wrong way, and this can result in some kind of responsibility. There will be bold, and demonstrate to the City Council that an architect is not a lawyer.
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