The Building Planning Law, in its article 8, defines building agents as all persons, natural or legal, who intervene in the building process.
The obligations of the different agents are determined by the provisions of the Law, the provisions that are applicable, including the contract that gives rise to their intervention.
In addition to the Design Team, other fundamental agents in a construction project are the Developer and the Builder.
The Promoter.
The promoter entered the scene on the occasion of the jurisprudence that was formed around art 1,591 of the Civil Code, establishing that, although the promoter does not materially intervene in the work, he is jointly and severally liable with the other agents, since he is the one who benefits from the construction site.
According to art 9.1 of the LOE, it is defined as any person, physical or legal, public or private, who, individually or collectively, decides, promotes, programs and finances, with its own or third-party resources, the building works for itself or for its subsequent sale, delivery or assignment to third parties under any title.
Art 9.2 of the LOE establishes the obligations of the promoter:
- Hold a right over the site that entitles you to build on it.
- Provide the documentation and prior information necessary for drafting the project, as well as authorize the construction manager for subsequent modifications to it.
- Manage and obtain the required licenses and administrative authorizations, as well as sign the minutes of reception of the work.
- Subscribe to the insurance provided for in art 19.
- Deliver to the purchaser, if applicable, the documentation of the work executed or any other document required by the competent administrations.
The builder.
The builder is the agent who assumes, contractually before the promoter, the commitment to execute with human and material resources, his own or those of others, the works or part of them subject to the project and the contract.
The builder's obligations are:
- Execute the work subject to the project, the applicable legislation and the instructions of the construction manager and the director of the execution of the work, in order to achieve the quality required in the project.
- Have the qualification or professional training that enables you to comply with the required conditions to act as a builder.
- Designate the construction manager who will assume the technical representation of the builder on the work and who, due to his qualifications or experience, must have the appropriate training according to the characteristics and complexity of the work.
- Assign to the work the human and material resources that its importance requires.
- Formalize subcontracting of certain parts or installations of the work within the limits established in the contract.
- Sign the stakeout or commencement certificate and the receipt of the work.
- Provide the construction manager with the necessary data for the preparation of the documentation of the executed work.
- Sign the guarantees provided for in article 19.
As can be seen, both the promoter and the builder play a fundamental role in the development of a work and their scope, responsibilities and powers are clearly defined and regulated based on the regulations of the Building Planning Law (LOE).
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