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undeveloped land [017] SECOND

a lawyer I am owning a home in Granollers. In 2008 the architect certified the final certificate of work, but in 2010 returned to endorse another Certificate of Completion (in respect of the same works) plus parking. It is fragrant indicating, at 2 º to cancel the previous certificate VISA
1. What final completion certificate must be taken into account for purposes of computing time warranty?
2. What are the consequences revoke a certificate of Completion?
3. Do they return to run the warranty period with the new certificate?
Pere-Joan Torrent Riberto. Advocate
Answer questions in the order in which they are made.
1. It should be noted the second certificate of Completion, as according to the architect has issued two certificates, the second cancels the previous certificate.
2. For me it has the consequence that the final certificate annulled first work, ceases to have legal effect.
3. I think certainly, if it has canceled the first final certificate of work, this means that the only valid one is the second, and therefore return the warranty period to run from the date of the new and second final completion certificate.

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Certificate of Completion [016] AN EMERGENCY EXIT GREEN

work as municipal architect in Catalonia, and I wonder if in a supermarket might want to open the emergency exit evacuation through a green area that borders directly on the building. Of course not, but I do not know if a good enough argument that is not a permitted use in green areas. There any statement about it?
Pere-Joan Torrent Riberto. Advocate
is true that the normal use of a public green area is to be a free space for use by local residents. But neither seems to be a prohibited or contrary to its purpose, which can be used to exit a room or business. In fact, the emergency use occurs rarely in many years, so not to undermine the purpose of the green. The same can be said about a park is not closed to the public, or any free space. Therefore, I consider that the Council can authorize the emergency exit which adjoins or faces a green area. I know of no decision in this regard. There are sentences that prohibit a green area ends up being a parking lot, which happens frequently. And it seems logical to prohibit the use of parking in the green, because it is an application that undermine its purpose. On the other hand, some housing blocks access road through a green area by a pedestrian. If this happens frequently, it seems more so we can authorize an emergency exit through a green area.

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[015] ALTERNATIVE MINIMUM SOLAR CONTRIBUTION

work as municipal architect in a city of Castilla-La Mancha and reports for granting planning permission do I need special consideration to the conditions for energy conservation projects including (Article 166 of TRLOTAU of C-LM).
on the market are emerging systems that use a wide range of renewable energies (biomass, geothermal, aerothermy, mixed systems, ...) of dubious efficacy and performance in some cases, while very attractive to developers because of its lower cost compared to solar energy.
How I can consider that an alternative system to solar energy requirements of a project is the energy from hot water required by the CTE as provided in section 1.1.2 a) Section HE 4 HE DB Energy Savings?
How far do the work and responsibility of the municipal technical and the technical editor of the project in this regard?
Pere-Joan Torrent Riberto. Advocate
1. I do not know the wording of Article 166 of the Management Act of the Territory of Castilla-La Mancha. This is a small problem a result of urban autonomous laws be 19 plus 1 state. But I guess the only thing to establish is the requirement that homes have a supply of hot water from renewable energy, alternative to traditional electricity or gas. More or less should say something. I do not think that establishes the obligation of the solar panels, because in this case because there would be no alternatives.
2. If Article 166 of the Labor says something similar to what I suppose, your responsibility as coach municipal, reporting building permits, it merely states that the project contains a system for using renewable energy for hot water. If the bill contains this provision, your job is completed to verify this, and can report favorably on the project.
3. If your law requires renewable energy are solar panels, your job will require this system. If you allow alternative systems, your report may be favorable if the technical author of this project an alternative system.
4. You have no obligation as a technical bulletin, to ascertain if the proposed alternative system is effective or whether it will be more efficient than solar energy. And if you do not have this obligation, means that it does not have responsibility. I think this should be clear. If the project is a solution to renewable energy for hot water, and this is what is required by law in your community, your job and your responsibility ends in finding that the project has a particular solution, without considering the goodness of same.
5. It goes without saying that all the responsibility that you do not have to verify that the proposed solution is correct, this responsibility belongs to the technical editor of the project, notwithstanding that it may also correspond to the promoter of housing, whether it is for later sale.

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[014 ] JURISDICTION TO ISSUE LICENSE REPORT

The February 9, 2010 was published in this website a Judgement of the Tribunal Superior de Justicia de Asturias, which states that the Technical Architects do not have jurisdiction to issue the license reports for urban development, to exceed of their knowledge. Are there any judgments about it?
Pere-Joan Torrent Riberto. Advocate

The Judgement to which is referred to the Board administrative law of the High Court of Justice of Asturias, dated June 23, 1998, ie about 13 years ago. I do not know if there are other similar statements, but I do not know, although one of the subjects I have discussed in depth has been one of the powers and duties of the technicians, and specifically for architects and technical architects, with special emphasis on case law on the subject. Now, I make some clarifications on this Judgement.
First, the ruling is not concern the validity of a license for having been informed by a technical architect. Judgement is to challenge the appointment by the City of Oviedo of an official technical architect for the job of Chief Technical planning permission. That is, a ruling on a typical subject of civil servants. The ruling of the sentence it is said: "We declare the incompetence of the technical (the technical architect) to carry out that Chief ..." It says in the ruling that the surveyor could not issue a report on the application for a license. Second, the fundamental reason for which the sentence annulled the appointment is because the job referral under the rules of the City Council must be filled by an official of the group A category that does not have a technical architect at that time belonged group B. And in this sense, the sentence seems correct in its ruling. It is true that the legal base 4 of the Judgement is to say that a technical architect urban lacks knowledge to report a planning permission. But this is what we call a "dicta," something said in passing, and on which there is no pronouncement on the failure of the ruling, because the object of the trial was not it. And so as I said I know of similar pronouncements. On the other hand, the reality contradicts the doctrine of the Court. A very high percentage of the planning permission granted in our country, are informed by technical architects, and I know that none has been outlawed for that reason.