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WORKS [011] FINISH WORK WITHOUT CERTIFICATE OF PROCESSING CENTER

Can you issue a certificate of final completion if not installed the required Transformer Medium Voltage?
Pere-Joan Torrent Riberto. Advocate
Certificate of Completion means that all the work and facilities in the project, and has been the subject of planning permission for works are completed and agreed precisely with that project. With the above premise, we can answer the question. If the Center Medium Voltage Transformation in draft executive, and this center has not been installed, the Certificate of Completion can not be issued, for the simple reason that the work is not completed by project. However, if this Center although mandatory, is not included in the draft works, for whatever reason, the architect can issue the Certificate of Completion, which is to certify that all work under the project has been implemented and therefore have been completed the works. Here we not discern why the project does not contain the required Transformer Medium Voltage, or where is this center. I am simply saying that if the center is not on the project has obtained planning permission, the Certificate of Completion can be issued. The same could be said of lift required. If for whatever reason, a construction project does not provide the lift required, and has obtained planning permission, architect director works may issue the final certificate of work, without installation of the lift required. One thing different will be the legality of the license granted to a housing project without the required lift.

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[010] REQUIREMENT OF STUDY GEOTECNIC

Should a municipality to require the developer's submission of a geotechnical study of the type shown in the CTE Basic Document SE-C Foundation, to authorize the commencement of works of construction of new plant consisting of Building a house on a plot of 100 m²?

Pere-Joan Torrent Riberto. Advocate
I think that every building project must comply with Article 10 of the CTE, "basic structural safety requirements." And paragraph 3 of that article refers to the different DB that prove compliance with this requirement in the project. Among them is the DB-SE-C Foundation. This document must be included in the project and the City should be required, without going to judge its perfection or quality. DB not know if this includes a geotechnical study or not, because it escapes my knowledge and training. But the DB is required. Moreover, in Annex I of the ETC, states that the report must be justified constructive lift of the building (this should also be included in the baseline) including justification soil characteristics.

A municipal architect
In smaller municipalities, municipal technicians, we find true "difficulties" in demanding the geotechnical study. I would say that regardless of the geotechnical data that contribute to the project and to include the DB-SE-C, it would not hurt in the project require visa insertion of a paragraph of the kind that follows.

Justification reconnaissance. Geotechnical study.

coach designer signing this document acknowledges that it has been taken into account a compendium of information quantified in terms of terrain features in relation to the type of building required and the environment where it is located and whose knowledge is necessary for proceed to the analysis and dimensioning of the foundation and other building works.

The intensity and scope of the field survey has been established based on prior information of the urban development plan, the extent of the area to recognize the complexity of the land and the importance of under construction. For

the said recognition was taken into account the characteristics contained in the existing CTE (Technical Building Code, RD. 314/2006 of March 17, 2006, BOE 28/03/2006 and subsequent amendments), in particular as indicated in Security Document for Structural / Foundation (DB-SE-C) of the Regulations, to specify the adequacy of structural and constructive solution presented.

Therefore, this project has all the information necessary for the analysis and dimensioning of the foundation and other structural work related to the nature of the site's scope in accordance with the standards for and the technical designer assumes any liability that might arise from the aspects included in this document under the current regulations regarding the knowledge of the terrain. Signed and stamped

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[009] Invalidation FINAL CERTIFICATION OF WORK

What time exists to invalidate a final certification of work?

Pere-Joan Torrent Riberto. Advocate
is not easy to answer this question, if it relates to the final certification of work that makes a private architect, director of a private work.
The concept of void, nullify, object, etc ... concerning any administrative acts Public Administration. A final certification of work by a private architect leading a private project is a private act of a private individual. If the certificate is signed by the architect, the only thing that can happen is that is wrong, and this must declare the author, explaining that he made a mistake and assume the consequences if this has caused harm to anyone.

Besides this voluntary declaration of error, the document can be challenged by a third person having a legitimate interest in the civil courts for not responding to reality, or to prosecution for false private document.

If the final certificate of an architect's work was given at a public work of a public, not really because it could invalidate a mere preparatory act. However, the subsequent administrative action arising out of this fake certificate might be revoked by the Administration during the term of 4 years. Individuals with a legitimate interest could be challenged within 2 months before the Contentious Administrative Jurisdiction.

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[008] FINISH WORK CERTIFICATE CANCELLATION

After issuing a CFO of a building in which we thought (address optional) that we worked for a builder-developer, we learned that the work was sold to another sponsor after being completed the structure. This promoter change was not made known to the department and in fact all the papers are signed by the prime mover as if the work continue to be yours. Submitted
final force is detected some deficiencies that we get caught in the middle due
1. A signatory to the promoter and we contract with us, tells us that he can not fix because the promoter is not real.
2. With the real promoter do not have nor have we had any labor relationship.
Understanding that the CFO according to LOE must compulsorily bear the promoter. Can I apply for the cancellation of this and also notify the council (not licensed for first occupation) because there is a significant procedural defect in processing the same?
Should be yes what are the steps to process this cancellation and as justified.

Pere-Joan Torrent Riberto. Advocate
To answer this question, it would be useful to know where the deficiencies are to be issued after the CFO, at least know if they are technical or constructive only, or are deficiencies of urban type. I am also interested to know the significance of deficiencies identified both technical and urban level.
In either case, I want to know if deficiencies are caused by the project, or are violations of what is contained in the project which won planning permission.