Buying a house is possibly one of the most important decisions a person can make throughout his or her life. In addition to the amount of money we will have to spend if we want it (and, in most cases, using a loan and incurring a debt that extends over time) we have to be aware that it will become our home. It is logical, therefore, that we want to make sure that the house meets all the requirements established by law. One of them is the one we will deal with in today’s post: the ITE of buildings. What do these acronyms mean and what does this inspection take into account? We tell you all about it.
What is the ITE?
The acronym ITE refers to ‘technical inspection of buildings’, a system that serves to control that the owners of buildings, villas, apartments or any other type of construction comply with safety regulations and conservation of their properties. The purpose is to ensure that the structures are in good condition and are fully habitable for their tenants. This procedure, regulated by Royal Decree Law 8/2011 of July 1, obliges buildings that meet the following characteristics to carry out this inspection:
- Residential buildings of collective housing over 50 years old (blocks of apartments, residences, hotels, etc.). Single-family dwellings are not considered collective residential, so they will only need to have the IEE if they want to apply for grants or subsidies.
- Buildings that apply for public aid to carry out conservation, universal accessibility or energy efficiency works.
- If municipal regulations establish it, depending on the location, age, protection, typology and use of the building;
- If the municipal technical services detect deficiencies in the state of conservation of the building.
The professionals in charge of the ITE of the buildings are architects, technical architects or quantity surveyors. The communities of owners are in charge of contacting them to carry out the ITE of the building. In fact, they are obliged to do so. From the report that these workers transmit, the necessary modifications or improvements will be made. If the inspection is successful and there are no problems, this will be recorded and the next ITE of the building will be carried out in 10 years. If the building is not suitable, the validity will be shorter. During this examination, the technician contacted will check:
- The plumbing and sanitation networks.
- The structure and foundations.
- The interior and exterior facades and party walls.
- The accessibility elements.
- The cornices, overhangs, overhangs and any ornamental element.
- Roofs and roof terraces.
In addition to all these elements, the professional shall ensure that the building complies with safety, health, universal accessibility and regulatory requirements.
How is the ITE of buildings carried out?
A technical inspection of buildings has some marked steps to follow:
- The community of owners requests a quote from a technician (architect, quantity surveyor or building engineer) to carry out the inspection.
- The technician will plan the visit and will give the community the budget. If the community approves it, the visit will take place.
- The inspection. The technician will make a verification of the state of the property according to the established law.
- Qualification. The result of the inspection can have 4 grades or results (from less to more serious): without deficiencies, with slight deficiencies, with serious deficiencies or with very serious deficiencies. If the building ends up receiving any of the 2 last valuations, the community will have to, together with the technician, a program of rehabilitation of the building.
- Certificate of aptitude. With the results obtained, the technician will introduce all the information gathered in an electronic platform and will sign the ITE of the building. After that, it will be delivered to the community so that they can request the certificate from the administration.
What happens if the building does not pass the inspection?
If the contracted technician observes any deficiency that could jeopardize the safety of the building, its inhabitants or any person who may pass nearby, he will have to communicate it to the city council of the town where the building is located so that the necessary measures can be taken.
When a building does not comply with the regulations, it is considered unfavorable and, therefore, the report will reflect all the faults it has and the proposals to solve them. This includes:
- The description and location of the deficiencies to be corrected.
- The possible causes of their origin are also noted.
- A description of the immediate safety measures taken or to be taken to ensure the safety of the building’s inhabitants, neighbors, neighbors and passers-by.
- The effectiveness of the measures taken and the works carried out for the correction of deficiencies that have occurred previously, in other ITE of the building or in evaluation reports.
If the technician determines that the reforms that have been carried out after the inspection comply with what the ITE report dictated, it will act as if the inspection was already favorable and the building will be re-examined 10 years later, according to the legislation.
How much does the ITE cost?
Unlike other procedures, the price of the ITE varies depending on the state of the building. It is the technician who will set the price of his work. It is necessary to bear in mind that, depending on the state of the trade, the professional to whom the community of neighbors assigns the task will take more or less time to carry out the inspection.
In addition to the antiquity, the number of neighbors can also affect the final amount. Even so, what means a greater or lesser expense in this inspection are the modifications that must be made when they are detected. Therefore, the cost of repairs will vary depending on the rating of the building:
- Without deficiencies.
- With slight deficiencies.
- With serious deficiencies.
- With very serious deficiencies.
Once all the faults have been corrected, the technician will be able to endorse the state of the house as suitable again. Although we know that it supposes an expense, it is not very advisable to contract the cheapest service that is in the market. The analyses carried out on the building will surely be much less exhaustive and rigorous. It must be taken into account that we are talking about the security of a building and, therefore, of the people who live in it, who frequent it or who simply walk past it. Safety should never be skimped on.
Normally, an ITE of buildings usually costs approximately 500 €, and must be paid to the technician by the owner of the building or the house in question.
Is the ITE required to sell a house?
As long as a dwelling or house is more than 50 years old, it must have passed and be obliged to have the ITE of the building. If the review is positive, the technician must present the report to the notary, in addition to a certificate of suitability of the building issued by the administration.
If the inspection is not passed, the report must also be presented to the notary. The notary will then be able to attest that, although the property has certain structural faults, the owner can sell it. It will only be necessary to have this document to put the building or property for sale. As the notary guarantees that it has passed the ITE, he knows the works that will be carried out to be able to pass it.
The owner has, likewise, the moral obligation to inform any possible buyer about the situation of the property for sale, since it will be possible to be exempted of the apt presentation of the ITE. For this purpose, a document will have to be signed before a notary in which it is stated that the buyer accepts to buy the apartment under the conditions that are reflected in the document.
Normally, the buyers usually ask for a reduction of the sale price in exchange for buying a building with faults. It is necessary to bear in mind that they will be them, together with the rest of neighbors, the ones in charge of correcting everything that reflects the ITE of the building. If the improvements are made and the next inspection is also negative, it is possible that the value of the property will go down, so that, if you want to sell it later, you will lose money.
Although it is possible to sell an apartment without having passed the ITE as long as a notary authorizes it, we do not recommend that you follow this plan. Keep in mind that not having passed the inspection leads to fines and the denial of a mortgage, among other penalties. The best thing to do in these cases is to be honest and act in accordance with the law.
What is the difference between ITE and IEE?
Earlier we mentioned the acronym IEE for single-family dwellings. They should not be confused with the ITE (technical inspection of buildings). The former refers to the building evaluation report (IEE), which evaluates the state of conservation of the dwelling, its basic conditions of universal accessibility and its energy efficiency certification. It has a periodicity of 10 years, so the IEE is usually considered as a report of the ITE, of buildings, but more extensive and specific in terms of accessibility and energy efficiency.
The ITE of a building is like the ITV of a car: an inspection that aims to ensure the safety of the structure and that both the people who live in it and those who are around it can live a normal life safely. It is very important that the community of neighbors take into account that they are the ones who must request it.
If, as an owner, you have any doubts about this inspection or need advice on any other legal matter, at Blegal we offer you a professional, prepared and diverse team that works closely together so that you understand and get everything you need. You can count on us throughout your entire life cycle, from start to finish. If you need legal help or advice, you can contact us. We will be happy to help you.
Photo by Sean Pollock on Unsplash
