FAQS

FAQs

Inspección Reglamentaria12 preguntas y respuestas

The initial inspection of the vehicle must take place before it is brought into service. The first periodic inspection is performed after six years, and thereafter every three years. Should the characteristics of the special vehicle or its equipment have been altered as the result of a repair or modification, an exceptional inspection must be conducted.
All Elevator Apparatus in buildings must undergo a periodical inspection which guarantees the security of all its elements and that it functions correctly.

Royal Decree No. 88/2013 of 8 February, passing Complementary Technical Instruction No. AEM 1 "Elevators" in the Regulation on elevation and maintenance apparatus, approved in Royal Decree No. 2291/1985 of 8 November makes it compulsory to inspect and regulate the procedure used to perform the inspection.
The frequency of inspection varies, depending on the use of the Elevator Apparatus (public or private) and ranges from two to four years.
The inspection must be done by an Authorised Control Body (OCA) certified by the National Accreditation Agency (ENAC) as provided for in the regulations.
All vehicles used to Transport Perishable Goods must undergo a periodic inspection which guarantees that they are in conformity with the regulations in place, and that such conformity is maintained over time.

Royal Decree No. 237/2000 of 18 February, of 3 December, amended in Royal Decree No. 380/2001 of 6 April, establishes the technical specifications which must be met by special vehicles for the land transport of food products at regulated temperatures, and the procedures for monitoring their compliance therewith.
The inspection must be done by an Authorised Control Body (OCA) certified by the National Accreditation Agency (ENAC) as provided for in the regulations.
Low-Voltage electrical installations must undergo a periodic inspection which certifies that all their components are in good conditions and are operating correctly. The compulsory nature of the inspection affects industrial establishments, premises used by the public, sites where there is a risk of explosion, operating theatres, damp premises and the shared areas in buildings containing homes with total installed power in excess of 100 kW.

The inspection procedure is regulated in Royal Decree No. 842/2002 of 2 August passing the low-voltage electro-technical Regulations.

The installation’s Certificate of Conformity guarantees the security of users and employees in the establishment or premises throughout its effective term and ensures the insurance company’s cover in case of a claim.
The frequency of inspection varies according to the use and the characteristics of the low-voltage installation, and varies between five and ten years. The authority with jurisdiction will impose a financial penalty should the Certificate of Conformity for the installation not be currently in effect.
The inspection must be done by an Authorised Control Body (OCA) certified by the National Accreditation Agency (ENAC) as provided for in the regulations.
All Installations Protecting industrial establishments from fire must be subjected to a periodic inspection which guarantees the security of all their components and that they are functioning correctly.

Royal Decree No. 2267/2004 of 3 December passing the Safety Regulations against fire in industrial establishments makes the inspection compulsory, and regulates the procedure to be used.
The frequency of the inspection varies, depending on the classification of the installation’s risk, and ranges from two years for high risk to five years when the risk is low.
The inspection must be done by an Authorised Control Body (OCA) certified by the National Accreditation Agency (ENAC) as provided for in the regulations.

Edificación6 preguntas y respuestas


  • TEN YEAR Liability: Material damage to a building as a result of flaws or defects which have their origins or affect the fundamental work (the structure and foundation system) and which directly compromise the building’s mechanical resistance and stability.

  • THREE YEAR Liability: Material damage to a building as a result of flaws or defects in the installations or elements of the construction and which lead to breach of the requisites for habitability (including air tightness).

  • ANNUAL Liability: Material damage caused by flaws or defects in the construction which affect elements for the termination or finish of the work.

The promoter is the Policyholder and those insured are the promoter him- or herself, along with the succeeding purchasers of a building or part thereof.
The Basic Guarantees come into effect on the date when the work is handed over, as indicated in the Certificate of Reception.
The Technical Control can only be performed by a Body with the authority (OCT), which is the only valid channel for information between the insurer and the work insured.

The role of these Bodies is to monitor the quality of the project, the completion of the construction process, that the work is correctly adjusted to the design and adapted to the applicable legal provisions, with issue of the reports required in order to be able to take Ten Year Insurance.

Technical Control involves the auditing of the quality of the construction process (the design and construction phases) necessary in order to take Damage Insurance related to the various specific liabilities which are defined in the Building Regulation Act. To conclude Ten Year Insurance, a Technical Control Body (OCT) must be hired and assigned the technical control of the work, issuing a series of reports which are indispensable for the ten-year insurance to be issued and come into effect.

Technical Control is directed to all types of buildings: residential, offices, hotels, garages, hospitals, pavilions, sports complexes, industrial buildings, etc. Ten-Year Insurance is required for buildings which are to be used mainly for homes.

Ten-Year Insurance is however not required in the case of an individual self-promoter of one single-family home for their own use. However, in case of disposal «inter vivos» within the term provided for in Article 17.1 a) of the Building Regulation Act, unless otherwise agreed, a self-promoter is required to contract the guarantee referred to in the previous paragraph, for the time remaining until the end of the ten years.

For these purposes, the deeds of disposal «inter vivos» will not be authorised and will not be posted in the Property Register without accreditation and attestation to the effect that said guarantee has been created, unless the promoter, who must evidence that he or she has used the home, was expressly released by the buyer from constituting said guarantee.

Nor will that guarantee be demanded for the rehabilitation of buildings destined principally to be used as homes and for which the associated construction licences were sought for the new construction projects prior to the passage of this Act.

Medio Ambiente6 preguntas y respuestas

In the field of acoustics, it is always the source of the noise which must be dealt with before those receiving it, as this is far more effective and usually less costly. In this case, it would mean little or nothing to increase the insulation in the home because that way, what we would succeed in doing is to have much happier neighbours who hardly hear the noise produced in our home, while we would continue to suffer the noise from outside virtually the same as before. In these circumstances, we always recommend as a first course to use cordiality and dialogue with the owner, to make them aware of what is annoying us (at it is the owner who must ensure that the activity includes the insulation necessary to avoid transmitting noises to the surroundings). If this approach fails, a complaint can be filed with the Police (for noise) although most municipalities do not have the right equipment to enable them to certify a noise level, so that the matter usually ends up with an admonition or fine, but the noise is likely to return with time. To bring it to a permanent stop, all that remains is to run a noise-level measurement and, with the certificate of non-compliance, go to the Courts. This process can be slow and tedious, although if there is a breach (which usually is the case), the outcome will be to require the bar to be insulated acoustically to the point where it causes no more nuisance, or even for it to be closed (and, depending on the level and the time during which the noise has been supported, indemnification).
Airborne noise is the name given to noise transmitted mainly through the air. It is generally due to inadequate acoustic insulation between two premises (such as a bar and a home), or because at the point of emission, the sound level is much higher than it should be (e.g. using discotheque loudspeakers on premises not designed for that). Can you hear your neighbour’s music or television in your home? Or the voices in the bar downstairs? Or the traffic in the street? If so, your problem is airborne noise.

 

Noise from impacts is noise that is transmitted structurally. When one object strikes another, a vibration is produced. If the vibration is transmitted to the building structure, it is capable of travelling through it (incidentally, much more quickly and further than when airborne). Where it is received, the vibration generates noise and, moreover, it is usually very common for the receiver to be a considerable distance from the source of the noise (an elevator room poorly moored to the structure of the building may cause noise nuisance up to 4 or 5 floors below the housing). To make matters worse, the only way of sorting out a problem of noise from impacts is to prevent the vibration from reaching the structure. Unfortunately, it is most common to suffer from both types of noise at the same time.

 

If you have any doubts about your case, do not hesitate to get in touch with us to see if we can help.

 

We hope that this series of FAQs has served for you to begin to confront that “invisible enemy” which is noise.
Many effects on our health have been discovered in recent years which are caused by prolonged exposure to noise, and they are increasingly serious. They range from the most immediate (well-known to all) such as stress, lack of rest, irritability, anxiety or lack of concentration … to the most recent studies (done mainly by the World Health Organisation) which have found a strong correlation between noise pollution and cardiovascular disease (such as high blood pressure and myocardial infarction).

This is because when our bodies are exposed for long periods to levels in excess of 65 dB, they generate a hormonal and nervous response which leads to a temporary increase in blood pressure and the heart rate, vasoconstriction, increased blood viscosity and increased levels of lipids and electrolytes in the blood, all cardiovascular risk factors.

It has also been seen that the chronic stress produced by prolonged exposure to noise in large cities (mainly from traffic, works, etc…) may reduce the organism’s defences or make it more susceptible to viruses and bacteria. And as if that were not enough, it also affects cognitive levels, reducing performance at work and at school.
In municipal terms, in general localities with 50,000 inhabitants or more usually have their own Noise Ordinance. This can be consulted on the municipal council’s website, where you will able to find out about the noise limits applied in your locality and the time to which each limit extends (periods of time do differ).

 

If your Council does not have its own Municipal Ordinance, you can turn to the Regulatory Document immediately above, which would be a Regional Government Decree providing protection against noise and which most Autonomous Communities do have.

 

As a last resort, if your Autonomous Community does not have a Decree offering protection against noise (or should the provisions they do have prove to be obsolete), there is the National Regulation (applicable throughout the country) called Royal Decree No. 1367/2007 enabling the Noise Act, Act No. 37/2003.

 

In the REGULATIONS section on our website, you can download any Regulatory Document applying in your geographical area.
The insulation in your home is deficient and does not comply with the minima put in place in the regulations in the following cases:

  • If you can hear your neighbours when conversing at a normal level (not shouting)

  • Should you hear the telephone ring in the adjoining home;

  • If you are able to hear footsteps in the home above;

  • If you can hear when an installation in the adjoining home is used (taps, the toilet cistern, switches, etc…).

In a “standard” situation (that is with “civilised” neighbours whose daily round is normal, who do not shout a great deal or listen to music at maximum levels) we would normally hardly hear our neighbours’ activity (with the exception of a slammed door, something dropped and, occasionally, a voice). If in this “standard” situation we continue to hear the neighbours’ conversations clearly, we know that the television is switched on, or when they go to the bathroom … this is not normal. The acoustic insulation in the home is clearly deficient and, as owner of your home, you must know that if it was acquired after 2009, you are protected by Royal Decree No. 1371/2007 which approved the basic document «DB-HR Noise Protection» of the Technical Building Code. You are able in these circumstances to demand that the promoter do the work needed to increase the deficient insulation, although to do that you have to demonstrate that the insulation is insufficient, by means of an acoustic trial performed by an Acoustic Laboratory Certified by the National Accreditation Agency (ENAC) to run such trials (on the façade, frame, party wall, etc…).

Eficiencia Energética9 preguntas y respuestas

Yes, during the process of BREEAM or LEED certification it is necessary an accredited Professional
Eurocontrol completes a technical analysis of the property, to provide an overview of interest to the owner. A detailed analysis arises should the asset reveal a potential risk which the client wishes to have examined in depth. Eurocontrol will make use of its tools and its team of qualified Engineers for this detailed analysis.
a) Newly-constructed buildings.

b) Existing buildings or parts of buildings which are sold or let to a new occupant, in the absence of a current certificate.

c) Buildings or parts of buildings in which a public authority takes up a total useful area of more than 250 m2, and normally used by the public.

  1. Privately-owned buildings which are used by the public, with a total useful area of more than 500 m2, if they are required to obtain such certificate. If they are not required to secure such certificate, nor are they required to display it.

  2. Buildings or part of buildings occupied by public authorities and used by the public, of a total useful area of more than 250 m2.

  3. In other cases, public display of the Energy Efficiency Certificate is voluntary, and as provided for by the body with jurisdiction in the Autonomous Community.

There are many companies with technicians who are competent to sign these certificates. Clearly Eurocontrol has personnel authorised according to Royal Decree No. 235/2013 to sign the work for energy efficiency for buildings.
These certificates are valid for 10 years counted from the date on which they were signed. An owner may decide to have them updated voluntarily should they consider that there have been variations to the building which may modify the certification.
To anticipate the costs of energy to control the billing, to increase competitiveness to improve energy performance and to aid in the development of a sustainable policy.
The Calener VyP is indeed a tool which is recognised by the Ministry of Industry in preparing the certification of new and existing buildings and small tertiary components. Eurocontrol has qualified personnel with broad experience to provide the best service within the deadlines defined by clients.
This refers to all the greenhouse gases emitted into the atmosphere each year by people, homes, buildings, organisations or companies. It deals with the burning of fuels for the use of heating or of the car and also includes those attributed to the production of goods and services, including the emissions from electricity installations and factories.

Seguridad y Salud Laboral10 preguntas y respuestas

According to the legislation, the employer must provide adequate training in occupational risk prevention to the following persons:

  • To each employee, in fulfilment of his or her duty to protect, irrespective of the category or the duration of the employment contract.

  • To those delegated for prevention, for the implementation of their functions.

  • To the employees named to engage in prevention activities, if this type of prevention service is the one adopted.

An entrepreneur must make use of this preventive category in any of the following circumstances:

  • The appointment of one or more employees is insufficient for the implementation of the prevention activity and the circumstances making it compulsory to create a prevention service of its own are not present.

  • Should the company not create its own prevention service.

  • When the entrepreneur takes up only a part of the preventive functions.

External Prevention Services (SPA) are specialised companies made up of a series of human and material resources and designed to provide support to other companies to guarantee that the safety and health of their employees’ are adequately protected. They promote this safety and health with the application of the appropriate measures and the pursuit of the activities needed to prevent risks arising from work, in this way helping to reduce work accidents and professional illness amongst companies’ employees.

The SPAs are private legal entities which must be accredited by a Public Authority with jurisdiction in the field.
The training an employer must provide to each employee in the field of occupational risk prevention must take the following form:

  • Theoretical and practical.

  • Be sufficient and appropriate for the risks at their work station or in their function and for the protective and preventive measures adopted for those risks.

  • It must adapt to the evolution of the risks and the appearance of new risks.


The prevention delegates and the employees appointed must have adequate and sufficient training in occupational risk prevention to enable them to implement their functions properly, and account must be taken not just of the risks inherent to the activity but also of the dimensions of the company where they are to make use of those functions.

In connection with this last aspect, the occupational risk prevention legislation defines three 3 levels of training:

  • Basic level training.

  • Intermediate level training.

  • Senior level training.

In general terms, Article 20 of the Occupational Risks Prevention Act requires all companies to act as follows:

  • To analyse possible emergency situations.

  • To adopt the necessary measures in the field of first aid, fire-fighting and employee evacuation.

  • For these purposes, to designate the personnel entrusted with putting these measures into practice and to check from time to time that they are functioning properly. Such personnel must be adequately trained, of sufficient number and must have the appropriate material.

  • To organise the relations needed with services outside the company in the field of first aid, emergency medical aid, life-saving and fire-fighting, in such form as to ensure that they are fast and effective.


The employer must, in the planning of its preventive activity in emergency situations, take account of the size of the company and its activity, and the possible presence of persons from outside the company.

There are in specific terms a number of standards which make it compulsory to introduce internal emergency plans in certain buildings or companies, such as:

  • Hospitals.

  • Teaching Centres.

  • Hotels.

  • Entertainment and recreational activities.

  • Sports facilities.

  • Bars, cafeterias and restaurants.

  • Libraries, archives and museums.

  • Companies which, because of the type and amount of substances they use in their productive process, come within the field of application of Royal Decree No. 1254/1997 of 16 July which passed the measures for control of the risks inherent to serious accidents in which hazardous substances are involved.


Thus the degree of organisation required will depend on the existence or otherwise of specific provisions which require the company to draw up and introduce an internal emergency and evacuation plan, as well as on the company’s activity and its size.

Companies which are not required to design a self-protection or an internal emergency plan must guarantee that their employees are protected by minimum planning of the action to be taken in emergency situations, along with an adequate level of training and information.
Coordination of business activities takes the form of an obligation to cooperate in the field of occupational risk prevention established between two or more employers in the following circumstances:

  • Where employees from different companies share the same work place in the pursuit of their labour activities.

  • When jobs or services inherent to the activity of the main company are contracted or subcontracted.

  • When contracting or subcontracting involves the use of machinery, products, raw materials or tools which are provided by the main company, but the work is carried out away from its work centre.

  • When the self-employed are engaged in their activity in another work centre.

An employer may choose from among the following categories of prevention service:

1.- THE SERVICE IS TAKEN ON BY THE EMPLOYER.

In this category, the employer is able to deal personally with the preventive activities, except for those which are related to monitoring the employees’ health. For an employer to take on the preventive activity, he or she must comply with the following requisites:

  • The company must have fewer than six employees.

  • The employer must habitually pursue his or her professional activity in the work centre.

  • He or she must have adequate training which is in line with the type of risks present in the company.

  • The company does not belong among those which are mentioned in Annex I of the Prevention Services Regulations:

    • Work which is exposed to ionising radiation.

    • Work which is exposed to toxic and highly toxic elements and, in particular to the following:

    • Carcinogenic, mutagenic or toxic to reproduction, categories one and two.

    • Activities in which high-risk chemical products are involved.

    • Work which is exposed to biological agents in groups 3 and 4.

    • Group 3: which may cause serious illness in man and represents a grave danger to workers, with risk of propagation to the group and there is in general a prophylaxis or effective treatment.

    • Group 4: which may cause serious illness in man and represents a grave danger to workers, which is highly likely to be propagated to the group and in the absence in general of a prophylaxis or effective treatment.

    • Activities involving the production, handling and use of explosives, including pyrotechnic items and other objects or instruments which contain explosives.

    • Activities involving immersion in water.

    • Activities on construction work, excavation, earth movement and tunnels, with a risk of falling from heights or being buried.

    • Activities in the iron and steel industry and in ship construction.

    • The production of compressed, liquefied or dissolved gases, or their significant use.

    • Work with high-voltage electrical risks.




Any preventive activities which are not taken up by the employer must be placed in the hands of external prevention services.

2.- DESIGNATED EMPLOYEES

In this category, the employer will appoint one or more employees to deal with the preventive activity in the company. In order for an employer to select this category, he or she must comply with the following requisites:

  • The employees appointed must have received appropriate training in line with the functions to be discharged. Should the employees appointed require training, this will be imparted during working hours or will be deducted from those hours if done at other times. The cost of such training shall under no circumstances be charged to the employees.

  • The company must have fewer than 500 employees, or 250 if its activity is included in Annex 1 of the Prevention Services Regulations.


Preventive activities whose introduction means that one or more employees must be designated shall be implemented through one or more in-house or external prevention services.

3.- AN EXTERNAL PREVENTION SERVICE.

The employer may decide to contract the entire preventive activity with one or more outside prevention services, except when an obligation is imposed on them to create the company’s own prevention service.

Should appointment of one or more employees prove insufficient for the pursuit of the preventive activity, this category must be chosen, or else an in-house prevention service must be set up.

In entering into an agreement for the preventive activity with an external prevention service, the legislation imposes the following requirements:

  • It must be formalised in writing

  • The specialised company which acts as the SPA (External Prevention Service) must be identified.

  • The company targeted by the activity must be identified, along with its work centres for which the activity is contracted.

  • The aspects of the preventive activity to be implemented, including a description of the particular actions and the resources for them to be carried out.

  • The activity to monitor the employees’ health.

  • The duration of the agreement.

  • The financial conditions of the agreement.


4.- AN IN-HOUSE PREVENTION SERVICE.

The employer must set up an in-house prevention service in any of the following cases:

  • The company has more than 500 employees.

  • The company has between 250 and 500 employees who are engaged in the activities set out in Annex 1 of the Prevention Services Regulations.

  • In the case of companies which are not included in the above categories, and unless it is decided to enter into an agreement with a specialised external body, this is decided on by the labour authority and depending on the following:

    • The hazardous nature of the activity engaged in.

    • The frequency or seriousness of the company’s loss rate.




If it is chosen to opt for this category of service prevention, the following aspects must be taken onto account:

- Own prevention services must draw as a minimum upon two of the following specialisations:

  • Labour medicine.

  • Safety at work.

  • Industrial hygiene.

  • Ergonomics.

  • Applied psycho-psychology.

  • The activities engaged in by those making up the prevention services must be coordinated in accordance with protocols or other resources in place as established in the objectives, procedures and competencies in each case.

  • Those involved in the in-house prevention services must operate in a coordinated manner and be engaged exclusively in the preventive activity.

  • Companies must draw up a report and an annual schedule of activities, and ensure that these are permanently at the disposal of the labour and health authorities with jurisdiction.

  • Preventive activities and specialisation which are not taken on by an in-house prevention service must be contracted by the entrepreneur with external prevention services.


5.- A JOINT PREVENTION SERVICE.

A number of companies may agree to establish a prevention service to be shared by all of them, following consultation with the employees’ representatives. Companies which decide to combine their prevention services must come into one of the following categories:

  • These companies engage simultaneously in activities in a single work centre, building or shopping centre.

  • They form a part of a single sector or business group or they pursue their activity in the same industrial park or in a limited geographical area.


A Joint Prevention Service will, irrespective of whether or not it has legal capacity of its own, be treated as a prevention service which belongs to each of the companies which have combined.

6.- A MIXED PREVENTION SERVICE.

In the mixed categories, part of the prevention is taken up by the company (through the employer him- or herself, or by the employees designated, or via the company’s own prevention service) and part is taken on by an external prevention service, put in place in an agreement.
To comply with the aims of the emergency and evacuation plan, the following documents will be drawn up:

  • A document stating and evaluating the conditions of risk of the buildings, as a function of the resources available and including all aspects which are of interest for the safety of persons and property.

  • An inventory with a description of the human and material resources, setting out where they are located and the instructions for their use and operation in case of an emergency.

  • A document which reviews potential emergency situations and the associated plans of action, along with the conditions for the use and maintenance of the installations.

  • A document explaining how the plan is to be introduced and taking account of the following:

  • General disclosure of the plan

  • The specific training programmes for the personnel included in the plan.

  • Review, when advisable.

  • The names of the persons making up the planned organisation, and the functions assigned to each of them.

  • Revision and maintenance of the various material protective items for emergencies.


To assist in the design of an emergency plan, the Ministry of the Interior has published a guide which, in four documents, describes the steps which must be taken to implement such a plan.

  • To commission the Safety and Health Study or, if applicable, the Basic Study, from a technician with qualification qualified in the field of safety and health.

  • To appoint the Safety and Health Coordinators.

  • The certification of the work project, which must be accompanied by and form an integral part of the Safety and Health Study.

  • Communication of Prior Notice to the Labour Authority and the opening of the work centre, including the Safety and Health Plan.

  • To monitor the technicians’ work.

  • To enter into agreements with the contractor companies.

The Occupational Safety and Health Plan is the document for the application of the Safety and Health Study or, as the case may be, the Basic Study which must be drawn up by each contractor and in which the provisions are analysed, studied, developed and complemented.

Inspección Naval1 preguntas y respuestas

Es práctica de muchos armadores rebajar la zona de navegación con el fin de reducir el equipo de seguridad obligatorio, lo que puede repercutir en un ahorro importante. Así, se puede ahorrar en la reposición de pirotecnia o eliminar las revisiones periódicas de una balsa o de una radiobaliza. Sin embargo hay un caso en que las ventajas no están tan claras, y es cuando se instala un VHF con LSD en zona 4.

En las zonas 1, 2 y 3 los radioteléfonos de VHF han de estar programados con la función de Llamada Selectiva Digital (LSD),  debiendo registrase en la Dirección General de la Marina Mercante, y de cuyo registro da fe la Licencia de Estación de Barco (LEB). En el resto de zonas el radioteléfono no necesita LSD y no es necesario emitir una LEB.

Pero pocos reparan en que todo equipo que pueda funcionar con LSD debe llevar programado el MMSI y estar conectado a un GPS, incluso aunque la embarcación no esté obligada a llevar este equipo. Además, si lleva equipo de LSD debe disponer también de la Licencia de Estación de Barco. Esto es coherente desde la óptica del Sistema Mundial de Socorro y Seguridad Marítima, porque un tripulante que en una situación de emergencia tenga a su alcance un radioteléfono con botón LSD, pero sin MMSI debidamente programado, sin duda pulsará el botón creyendo emitir la señal de socorro. Análogamente, si el MMSI no está registrado de nada sirve emitir la señal porque el sistema no identificará la embarcación en apuros.

Es por ello que en el caso de disponer de un VHF con LSD la reducción de zona no aporta ventaja alguna, puesto que las obligaciones siguen intactas. Si se tiene interés en evitar estas sólo hay dos opciones: cambiar el VHF por otro que sólo funcione en telefonía (sin LSD) o pedir a un instalador autorizado que modifique el equipo para ser usado sólo en radiotelefonía, lo que supone la modificación del software y la eliminación del botón de socorro de la parte frontal. ¡Y ninguna de las dos opciones es gratuita! ¿Para qué desaprovechar, entonces, la seguridad de un radioteléfono con LSD?
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