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2 April 1986 - BOE - No. 79
HEAD OF STATE
LAW 12/1986, OF APRIL 1, ON REGULATION OF THE PROFESSIONAL ATTRIBUTIONS OF THE ARCHITECTS AND TECHNICAL ENGINEERS.
JUAN CARLOS I KING OF SPAIN
To all those who see it and understand it.
Know: That the Cortes Generales have approved and I come to sanction the following Law:
Preamble
Law 2/1964, of April 29, established the basic criterion of reorganization of the Technical Teachings in whose development were dictated by the Government diverse regulatory norms of the denominations of the Architects and Technical Engineers, of their faculties and professional attributions and of the requirements that would have to be fulfilled for the use of the new titles by the Surveyors, Experts, Facultative and Assistant Engineers.
Through the aforementioned regulations came to introduce a series of restrictions and limitations on the professional practice of these graduates that have been modified and corrected by the Supreme Court, sitting as a body of jurisprudential doctrine the criterion that the professional attributions of the Architects and Technical Engineers will be full in the field of their respective specialty, with no other qualitative limitation than that which derives from the training and knowledge of the technique of their own degree and without which, therefore, they can validly be imposed quantitative limitations or set situations of dependence in his professional practice with respect to other university technicians.
Accepting these criteria and complying with the provisions of Article 36 of the Constitution, this Law only addresses the regulation of the professional attributions of Architects and Technical Engineers, that is, those whose qualifications correspond to exceeding the first cycle of university technical education, according to the provisions of the Organic Law 11/1983, of August 25, on university reform. For this purpose, reference is made to their respective specialties, and notwithstanding their eventual and necessary reform or modification due to changing circumstances and demands of a technological, academic and social demand, those listed in Decree 148 / 169, as determinants of the different sectors of activity within which those graduates will exercise fully and in all their extent the professional skills that are theirs.
All of this obviously, without prejudice to what the guidelines of the European Communities that could be applicable in their case, and of the professional attributions of Architects and Engineers in the field of their own specialty and because of their level of training, which will be subject to forthcoming regulation through the Law in accordance with the constitutional mandate.
The spirit of this Law is not the granting of faculties outside the university education of the graduates, but the recognition of those that are their own, their consolidation and the empowerment of their independent exercise, without artificial or unjustified restrictions and without Interference is introduced in the field of attributions that may belong to other qualified technicians and, in the case of building, to architects.
Finally and for the moment, the extension of the present Law to the officials of the different Public Administrations is excluded, since they understand that they have defined their attributions in the corresponding own regulations, the foregoing without prejudice to the future reordering of bodies and scales which corresponds, for the benefit of the public interest served.
As for the Armament and Construction Technical Engineers, graduated by the Army Higher School, it is necessary the previous determination and definition of the specialties studied, which is entrusted to the Government, as a previous step required to the extension, to the same , of the present Law, in order to delimit its general attributions.
First article
1. Architects and Technical Engineers, once the requirements established by the legal system have been met, shall have full powers and powers in the exercise of their profession within the scope of their respective technical specialty.
2. For the purposes provided in this Law, each one of those listed in Decree 148/1969, of February 13, which regulates the names of graduates in technical schools and the specialties to be studied in the Schools of Architects and Technical Engineering.
Article second
1. The following technical attributions correspond to the Technical Engineers, within their respective specialty:
a) The drafting and signing of projects whose purpose is the construction, reform, repair, conservation, demolition, manufacture, installation, assembly or exploitation of movable or immovable property, in their respective cases, both principally and as an accessory, provided that are included by their nature and characteristic in the technique of each degree.
b) The direction of the activities object of the projects referred to in the previous section, even when the projects have been prepared by a third party.
c) Carrying out measurements, calculations, assessments, appraisals, surveys, studies, reports, work plans and other analogous work.
d) The exercise of decency in its various degrees in the cases and terms provided for in the corresponding regulations and, in particular, in accordance with the provisions of Organic Law 11/1983, of August 25, on University Reform.
e) The direction of all kinds of industries or operations and the exercise, in general respect to them, of the activities referred to in the previous sections.
2. The Technical Architects are responsible for all the professional attributions described in the first section of this article, in relation to their specialty of execution of works; subject to the prescriptions of the legislation of the building sector.
The faculty to elaborate projects described in paragraph a), refers to those of all kinds of works and constructions that, according to the expressed legislation, do not require an architectural project, to those of partial interventions in constructed buildings that do not alter their architectural configuration, demolition and those of organization, security, control and economy of building works of any nature.
3. All the professional attributions described in the first section of this article, in relation to their respective specialties, correspond to the Technical Engineers of Public Works, subject in each case to the prescriptions of the legislation regulating public works.
4. In addition to the provisions of the first three sections of this article, the Architects and Technical Engineers will also have those other rights and professional attributions recognized in the current legal system, as well as those that its regulatory provisions recognized to the former Experts, Quantity Surveyors, Engineers and Engineers Assistants.
The professional attributions recognized in the present Law to Architects and Technical Engineers will also correspond to the former Experts, Quantity Surveyors, Engineers and Engineers Assistants, provided that they have accessed or access the corresponding specialty of architecture or technical engineering as provided in the regulations that regulate the use of new degrees.
Article third
The attributions referred to in this Law shall in all cases be adjusted in their exercise to the requirements derived from the directives of the European Communities that are applicable.
Article four
When the professional activities included in the previous articles refer to matters relating to more than one specialty of architectural or technical engineering, the intervention of the graduate in the specialty will be required, which, due to the nature of the matter, is prevalent with respect to the rest. . If none of the activities in presence were prevalent with respect to the others, the intervention of so many graduates will be required as long as the specialties are involved, with the responsibility corresponding to all the participants.
ADDITIONAL PROVISION
The provisions of this Law will not be directly applicable to Architects and Technical Engineers linked to the Public Administration for a list of services of an administrative legal nature, which will be governed by their respective statutory rules.
FINAL PROVISIONS
First .? 1. The Government is authorized to develop regulations established in this Law.
2. In accordance with the provisions of Organic Law 11/1983, of 25 August, on University Reform, the Government will modify the specialties referred to in article 1.2 of this Law in response to the needs of the market, to the corresponding variations in the curricula of the University Schools and the requirements derived from the directives of the European Communities.
3. The Government will send a bill for the Construction Planning Law within one year to the Cortes Generales, in which the professional interventions of the facultative technicians will be regulated in accordance with the provisions of number 2 of article 2 of this Law and the other agents involved in the construction process.
Second .? In accordance with the provisions of number 2 of article 2 of this law, the professional interventions of the Technical Engineers of Public Works will be regulated by law in the case of roads, ports, coastal engineering, infrastructures of power stations and railways, dams and hydraulic works.
Third .? The Government will send to the Congress of Deputies a draft law by which the professional attributions of the qualified technicians of the second cycle will be regulated.
Fourth .? Any number of provisions of equal or lower rank over professional attributions of Engineers and Technical Architects are repealed, contrary to what is established in this Law, which will come into force on the same day of its publication in the "Official State Gazette".
So,
I direct all Spaniards, individuals and authorities, to keep and enforce this Law. Palacio de la Zarzuela, Madrid, on April 1, 1986.
JUAN CARLOS R.
The president of the Government,
FELIPE GONZÁLEZ MÁRQUEZ
HEAD OF STATE
LAW 12/1986, OF APRIL 1, ON REGULATION OF THE PROFESSIONAL ATTRIBUTIONS OF THE ARCHITECTS AND TECHNICAL ENGINEERS.
JUAN CARLOS I KING OF SPAIN
To all those who see it and understand it.
Know: That the Cortes Generales have approved and I come to sanction the following Law:
Preamble
Law 2/1964, of April 29, established the basic criterion of reorganization of the Technical Teachings in whose development were dictated by the Government diverse regulatory norms of the denominations of the Architects and Technical Engineers, of their faculties and professional attributions and of the requirements that would have to be fulfilled for the use of the new titles by the Surveyors, Experts, Facultative and Assistant Engineers.
Through the aforementioned regulations came to introduce a series of restrictions and limitations on the professional practice of these graduates that have been modified and corrected by the Supreme Court, sitting as a body of jurisprudential doctrine the criterion that the professional attributions of the Architects and Technical Engineers will be full in the field of their respective specialty, with no other qualitative limitation than that which derives from the training and knowledge of the technique of their own degree and without which, therefore, they can validly be imposed quantitative limitations or set situations of dependence in his professional practice with respect to other university technicians.
Accepting these criteria and complying with the provisions of Article 36 of the Constitution, this Law only addresses the regulation of the professional attributions of Architects and Technical Engineers, that is, those whose qualifications correspond to exceeding the first cycle of university technical education, according to the provisions of the Organic Law 11/1983, of August 25, on university reform. For this purpose, reference is made to their respective specialties, and notwithstanding their eventual and necessary reform or modification due to changing circumstances and demands of a technological, academic and social demand, those listed in Decree 148 / 169, as determinants of the different sectors of activity within which those graduates will exercise fully and in all their extent the professional skills that are theirs.
All of this obviously, without prejudice to what the guidelines of the European Communities that could be applicable in their case, and of the professional attributions of Architects and Engineers in the field of their own specialty and because of their level of training, which will be subject to forthcoming regulation through the Law in accordance with the constitutional mandate.
The spirit of this Law is not the granting of faculties outside the university education of the graduates, but the recognition of those that are their own, their consolidation and the empowerment of their independent exercise, without artificial or unjustified restrictions and without Interference is introduced in the field of attributions that may belong to other qualified technicians and, in the case of building, to architects.
Finally and for the moment, the extension of the present Law to the officials of the different Public Administrations is excluded, since they understand that they have defined their attributions in the corresponding own regulations, the foregoing without prejudice to the future reordering of bodies and scales which corresponds, for the benefit of the public interest served.
As for the Armament and Construction Technical Engineers, graduated by the Army Higher School, it is necessary the previous determination and definition of the specialties studied, which is entrusted to the Government, as a previous step required to the extension, to the same , of the present Law, in order to delimit its general attributions.
First article
1. Architects and Technical Engineers, once the requirements established by the legal system have been met, shall have full powers and powers in the exercise of their profession within the scope of their respective technical specialty.
2. For the purposes provided in this Law, each one of those listed in Decree 148/1969, of February 13, which regulates the names of graduates in technical schools and the specialties to be studied in the Schools of Architects and Technical Engineering.
Article second
1. The following technical attributions correspond to the Technical Engineers, within their respective specialty:
a) The drafting and signing of projects whose purpose is the construction, reform, repair, conservation, demolition, manufacture, installation, assembly or exploitation of movable or immovable property, in their respective cases, both principally and as an accessory, provided that are included by their nature and characteristic in the technique of each degree.
b) The direction of the activities object of the projects referred to in the previous section, even when the projects have been prepared by a third party.
c) Carrying out measurements, calculations, assessments, appraisals, surveys, studies, reports, work plans and other analogous work.
d) The exercise of decency in its various degrees in the cases and terms provided for in the corresponding regulations and, in particular, in accordance with the provisions of Organic Law 11/1983, of August 25, on University Reform.
e) The direction of all kinds of industries or operations and the exercise, in general respect to them, of the activities referred to in the previous sections.
2. The Technical Architects are responsible for all the professional attributions described in the first section of this article, in relation to their specialty of execution of works; subject to the prescriptions of the legislation of the building sector.
The faculty to elaborate projects described in paragraph a), refers to those of all kinds of works and constructions that, according to the expressed legislation, do not require an architectural project, to those of partial interventions in constructed buildings that do not alter their architectural configuration, demolition and those of organization, security, control and economy of building works of any nature.
3. All the professional attributions described in the first section of this article, in relation to their respective specialties, correspond to the Technical Engineers of Public Works, subject in each case to the prescriptions of the legislation regulating public works.
4. In addition to the provisions of the first three sections of this article, the Architects and Technical Engineers will also have those other rights and professional attributions recognized in the current legal system, as well as those that its regulatory provisions recognized to the former Experts, Quantity Surveyors, Engineers and Engineers Assistants.
The professional attributions recognized in the present Law to Architects and Technical Engineers will also correspond to the former Experts, Quantity Surveyors, Engineers and Engineers Assistants, provided that they have accessed or access the corresponding specialty of architecture or technical engineering as provided in the regulations that regulate the use of new degrees.
Article third
The attributions referred to in this Law shall in all cases be adjusted in their exercise to the requirements derived from the directives of the European Communities that are applicable.
Article four
When the professional activities included in the previous articles refer to matters relating to more than one specialty of architectural or technical engineering, the intervention of the graduate in the specialty will be required, which, due to the nature of the matter, is prevalent with respect to the rest. . If none of the activities in presence were prevalent with respect to the others, the intervention of so many graduates will be required as long as the specialties are involved, with the responsibility corresponding to all the participants.
ADDITIONAL PROVISION
The provisions of this Law will not be directly applicable to Architects and Technical Engineers linked to the Public Administration for a list of services of an administrative legal nature, which will be governed by their respective statutory rules.
FINAL PROVISIONS
First .? 1. The Government is authorized to develop regulations established in this Law.
2. In accordance with the provisions of Organic Law 11/1983, of 25 August, on University Reform, the Government will modify the specialties referred to in article 1.2 of this Law in response to the needs of the market, to the corresponding variations in the curricula of the University Schools and the requirements derived from the directives of the European Communities.
3. The Government will send a bill for the Construction Planning Law within one year to the Cortes Generales, in which the professional interventions of the facultative technicians will be regulated in accordance with the provisions of number 2 of article 2 of this Law and the other agents involved in the construction process.
Second .? In accordance with the provisions of number 2 of article 2 of this law, the professional interventions of the Technical Engineers of Public Works will be regulated by law in the case of roads, ports, coastal engineering, infrastructures of power stations and railways, dams and hydraulic works.
Third .? The Government will send to the Congress of Deputies a draft law by which the professional attributions of the qualified technicians of the second cycle will be regulated.
Fourth .? Any number of provisions of equal or lower rank over professional attributions of Engineers and Technical Architects are repealed, contrary to what is established in this Law, which will come into force on the same day of its publication in the "Official State Gazette".
So,
I direct all Spaniards, individuals and authorities, to keep and enforce this Law. Palacio de la Zarzuela, Madrid, on April 1, 1986.
JUAN CARLOS R.
The president of the Government,
FELIPE GONZÁLEZ MÁRQUEZ
ROYAL DECREE LAW 37/1977,
of June 13, on attributions of the Industrial Experts.
By judgment of the Supreme Court of November 30, one thousand nine hundred and seventy-three, and in response to reasons of strict formal legality, the aforementioned extension was declared not in accordance with the law.
Arranged execution of the aforementioned judgment, the scope of the activity of the Industrial Experts suffers from lack of adequacy of its powers to the present industrial reality, as the evolution of the technique and the change of business approaches, according to a criterion optimization, have profoundly altered the data that were taken into account to establish these faculties, so, in order to ensure the subsistence of the rights of the referred graduates, they must be updated, otherwise they will be professionally marginalized.
In order to avoid situations of irreversible preterition and to restore the degree of rights of the Industrial Experts to the greatest degree of urgency, the need to establish, without delay, and with a formal rule of law, the quantitative limits of the powers of the Industrial Experts who established the Decree two thousand two hundred and thirty-six thousand nine hundred and sixty-seven, already mentioned, increasing the voltage limit to sixty-six thousand volts, when the facilities refer to distribution lines and electric power substations, according to the criteria maintained by the Industry Commission when ruling on the Bill that was sent to the Cortes.
By virtue of this, on the proposal of the Council of Ministers, at its meeting on June 10, one thousand nine hundred and seventy-seven, and in use of the authorization conferred on me by Article thirteen of the Constitutive Act of the Cortes, consolidated texts of the Fundamental Laws of the Kingdom, approved by Decree of April 20, one thousand nine hundred and sixty-seven, and after hearing the Commission referred to in the first paragraph of article twelve of the aforementioned Law,
I PROVIDE:
Article One.- The Industrial Experts shall have the same faculties as the Industrial Engineers, including those to formulate and sign projects, limited to industries or mechanical, chemical or electrical installations whose power does not exceed two hundred and fifty HP, the voltage of fifteen thousand volts and its staff of one hundred people, excluding administrative, subordinates and managers. Two. The voltage limit will be sixty-six thousand volts when the installations refer to distribution lines and electrical power substations.
Article Two.- This Royal Decree-law will come into force on the day following its publication in the "Official State Gazette", and the Cortes will be immediately informed of it.
ADDITIONAL PROVISION
In the future, any extension of the competences and powers of the Industrial Technical Engineers will be extended to the Industrial Experts in terms of power limit, electrical voltage and number of operators established by the Government using the powers granted by the Law. two thousand nine hundred and sixty-four, of twenty-ninth of April, on reordering of the technical teachings, and the Decree-law nine thousand nine hundred seventy, of twenty-eighth of July.
Given in Madrid, on thirteenth day of June of one thousand nine hundred and seventy-seven.
JUAN CARLOS R.
The President of the Government,
ADOLFO SUAREZ GONZALEZ
CONSELL ACORDS ON ATTRIBUTIONS
1. Els perits / es industrials, who have not acceded to the titulació d'enginyer / a tècnic / a industrial, have the attributions of the enginyers / es industrials amb the limitation of the Reial Decret Llei 37/1977.
2. Els / les perits / es industrials, who have access to the titulació d'enginyer / a tècnic / a industrial per convalidació, have the mateixes attributions of the enginyers / es tècnics / es industrials de l'especialitat to which have accedit, to les des enginyers industrials amb limitacions of the Reial Decret Llei 37/1977.
3. Els / les enginyers / es tècnics / es industrials have full attributions in the seva specialization, atorgades per la Llei 12/86 ia the attributions of the industrialists with the limitations described in the Reial Decret Llei 37 / 1977
4. S'establirà, a criteri of classification of the industrial sectors, to assign the different specialties of the industrial technical enginyeria. It is proposa com a referència per aquesta tasca, the CCAE-95 and l'IAE.
5. The col·legis d'enginyers tècnics industrials de Catalunya are responsible for the control d'attribucions quan fan els visats.