What is the Technical Building Inspection and who does it affect?

The Technical Building Inspection (ITE) is a compulsory procedure that buildings of a certain age must undergo in specific cases. It is a way of guaranteeing their safety, and, in this process, it may be necessary to undertake renovations or improvements to achieve this objective, a responsibility that the property owner or the community of owners must assume.

This article explains what the Technical Building Inspection consists of, who has to pass it, the procedure, how much it costs and what to do if you don't pass it.

What is the ITE?

The Technical Building Inspection is an assessment that must be carried out after a certain amount of time and regularly in certain residential buildings to check they are fit to live in and safe. This ensures that the owner(s) of the building comply with their duty to renovate the building. 

The ITE's raison d'être is that, over time, any construction can suffer damage that compromises its use in the same conditions as the building was in when it was first constructed. Likewise, the aim is to monitor and control certain key aspects that are legally required of any building so that it can be lived in without risk.

The basic ITE regulation can be found in the revised text of the 2015 Land and Urban Rehabilitation Law. It is also contained in the different regional land laws and municipal ordinances, which set out specific frameworks within the competent local urban planning authorities.

Which buildings are required to pass the ITE?

According to the 2015 Land Law, which defines the Building Assessment Report, the competent Administration may require property owners in buildings classified as collective housing to accredit their situation.

This report will be drawn up "at least about the state of conservation of the building and compliance with current regulations on universal accessibility, as well as its degree of energy efficiency".

Regional and local regulations may extend this requirement to other types of buildings, such as commercial or office buildings, buildings for collective use, educational centres...

When does a building have to pass the ITE?

Buildings in Spain classified as collective with residential usually have to pass the ITE when the building has been used for a maximum of 50 years. Once this first inspection has been completed, it must be carried out again at least every ten years.

These deadlines are not random, i.e. some studies show that after half a century of life, properties may begin to show signs of ageing that need to be taken care of, avoiding the presence of affected elements or those in poor condition.

However, weather conditions and other local factors may make it advisable to revise this average lifespan.

Spanish Land Law gives autonomous communities and towns a free hand to approve their own inspection deadlines.

Thus, given this regional and local authority, many towns require the first inspection much earlier (30 years in Madrid, 45 years in Barcelona or 20 years in Seville).

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There are also cases where the deadline for passing the first ITE is much later. For example, 80 years with revisions every 20 years in the case of the Canary Islands Land Law, whose formula is replicated by different municipal ordinances in this autonomous region.

However, in the latter case, the inspection is extended to "buildings for collective use other than residential, such as administrative services, office complexes, shopping centres, educational centres, hospitals or social services and other similar collective use".

According to state regulations, the ITE is also required in those buildings whose owners intend to receive public grants to carry out conservation, universal accessibility, or energy efficiency works before the grant request is formalised.

Failing to comply with the duty to complete the Evaluation Report in due time and form will be considered an urban planning offence, with the nature and consequences attributed to the applicable urban planning regulations.

Who can carry out the ITE?

The ITE can be carried out by competent technical experts and, where appropriate, public inspection bodies.

The regulations consider a 'competent professional technician' to be anyone with "academic and professional qualifications that enable them to draw up projects or manage works and supervise building works". You can, therefore, ask an architect or technical architect to draw up this report.

How much does it cost to pass the ITE?

There is no standard price for an ITE, as the workload of the chosen technician(s) will depend on many factors: the size of the building, typology, materials, and areas that need to be inspected... You can find offers from €100 for very simple cases, although it is best not to take a gamble and obtain a professional report that does not cause problems when it comes to informing the public authorities in full.

Some towns have agreements with the College of Architects and the College of Technical Architects where lists of qualified professionals are set up to carry out this type of inspections, as well as recommended fee tables according to the volume of work involved in each specific ITE.

What does the technician check in an ITE?

The Evaluation Report must identify the property (with its cadastral reference) and contain the following:

• Assessing a building's state of conservation (building structure, constructive elements such as railings or cornices, watertightness of roofs, state of sanitation, plumbing and electricity, etc.).
• Assessing the basic universal accessibility conditions to ensure that people with disabilities are not discriminated against accessing and using the building.
• The building's energy efficiency certification.

When the Evaluation Report is commissioned by a community or group of communities of owners for the whole of a building or property complex, this document "shall extend its effectiveness to every one of the existing premises and homes".

Autonomous regions or towns may establish special rules for applying the report, depending on location, age, typology or predominant use.

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Fines for not passing the ITE

If a building fails to comply with the duty to use the ITE, it may result in fines and sanctions depending on what is indicated in each municipal ordinance. For example, in the case of Madrid, if the competent body orders its immediate execution and two months have passed without it being carried out, "the corresponding sanctioning procedure may be initiated, and up to three coercive fines of €1,000, €2,000 and €3,000 may be imposed, granting a new period of two months after each one of them".

On top of this, remember that failing to carry out the ITE can pose significant risks for both the building's inhabitants and passers-by, with the consequent legal liabilities in the event of damage or accidents caused by defects that should be rectified.

What happens if you don't pass the ITE?

A negative ITE will result in a report pointing out the existing deficiencies and the renovations that must carried out to ensure the building's safety, accessibility and efficiency.

The building owners will be responsible for the necessary renovations, both financially and in terms of contracting, as the owner must ensure the proper upkeep of their property in terms of "safety, health, public order and decorum".

Often, the report will lead to an inspection visit and an enforcement order allowing owners to undertake the renovations without needing to apply for the usual licences. This order will establish a deadline (which may vary depending on the complexity of the works) to carry out the corresponding renovations, as well as a reference to whether or not a project and/or project management is necessary, etc.