g06 - General Legislation in Spain

Description.

The “Technical Building Code”, TBC, (in Spanish, Código Técnico de la Edificación or CTE) is the normative instrument in Spain that establishes the basic quality requirements of the buildings and their facilities.

The references to the European Directive 89/106/CEE appear in the Spanish legislation as in the CTE as in the Royal Decree that adopts it as the main regulation applied in the scope of the construction.

The Spanish Technical Building Code (CTE) is divided into two parts, both of regulatory nature:

Part I: contains general provisions (scope, structure, classification of use, etc.) and the requirements that buildings must meet in order to comply with safety and habitability regulations.

Part II: consists of Basic Documents, the appropriate use of which guarantees compliance with de basic requirements. These documents contain procedures, technical rules and examples of solutions for determining whether a building complies with the stipulated performance levels. Said Documents are not exclusive. As a complement to the Code application Recognised Documents has been created, which are external from and independent of the Code. They are used to facilitate compliance with specific requirements and help to promote the quality of construction.

The Technical Building Code creates a harmonized normative framework respect to the existing one in the advanced countries, and harmonizes the existing national building regulation with the current dispositions of the European Union in this matter:

First of all, regarding the free movement of building products within the EU Single Market and, mainly, with the Directive 89/106/CEE of the Council, of 21 of December, regarding the approach of the legal, prescribed and administrative dispositions of the EU Member States about building products. In this regard, in the chapter of specifications and administrative conditions of the Real Decree 314/2006, it is established that construction products gotten up to the buildings with a permanent character, based on their intended use, will take CE marking in accordance with the “Construction Products Directive” (89/106/CEE-CPD), of building products; transposed to the Spanish legislation by Real Decree 1630/1992, of 29 of December, modified by Real Decree 1329/1995 of 28 of July, and other European Directives applied.

Secondly, it must be considered the Directive 2009/91/CE of the European Parliament and the Council, of 16 of December, regarding the energy efficiency of buildings, by virtue of which it has been gotten up the energy efficiency requirements of the buildings to the Spanish Building Technical Code.

The Construction Products Directive 89/106/CEE-CPD considers basic requirements for construction works about the aspects listed below:

  • Mechanical resistance and stability
  • Safety in case of fire
  • Hygiene, health and environment
  • Safety in use
  • Protection against noise
  • Energy economy and heat retention