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[013] Certificate of Completion NOT SET TO REALITY

What responsibility can be an architect to sign a final completion certificate that does not conform to the project proposed and obtained license?
Here is a home away from project management to over 2 floors and finally to rehabilitate collapsed and has been building a basement and an attic. If lid and let it idle for 4 years (Cantabria), can the architect certified and 4 years legalize?
Pere-Joan Torrent Riberto. Advocate
Certificate of Completion must be true and this requires that the work is appropriate to the project which received planning permission. And if the work were introduced variations on the original project, will be called for a new license for the changes. But the final certificate of work should reflect the work. Otherwise, we could be facing a false document, conduct constituting an offense under the Penal Code.
The second question we must distinguish the following. Over the 4 years from the completion of the work, allegedly illegal, what happens is to be prescribed by the City Council action to restore the law infringed. That is, one may order the demolition of illegal works. Planning regulations of the Autonomous Communities typically set this time in 4 years, although some (eg Catalonia) as set out in 6 years. However, the fact that after 4 years completion of works and can not order the shooting down of some illegal works, does not mean that they are legalized. This will depend on what is determined in the planning regulations of Cantabria, which do not know. Failure to demolish some illegal works does not mean an automatic legalization of same. The effects may be different depending on the rules that determine urban and municipal planning on buildings outside management. And even there may be distinctions between the buildings were later variation management for planning or building with its clear illegality.

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[012] MODIFICATION OF FINAL CERTIFICATE OF

The architect and technical architect issued (signed and stamped) in the wrong way to play the final certificate of my home, simply because the work was temporarily paralyzed and interior trim items, joinery and facilities pending execution.
Two years after the cessation of work is really over.
Can and should modify the final completion certificate issued by another with the correct date? Evidently
certificate issued in the wrong way has not been used for anything, nor have dealt with first occupation license or been deeded.

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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