We all reason that liability insurance and the energy certificate should go hand in hand when we issue an Energy Certification Report.
The Infractions regarding the certification of the energy efficiency of buildings that are raised in the Law 8/2013 of Urban Rehabilitation, Regeneration and Renovation, are not a joke! You can see them in "Infractions regarding energy certification"
From my personal opinion, I get the feeling that they are more tax collection than effective given that there are possibly other means to adequately and coherently enforce a Standard (Royal Decree 235/2013) that began in a hurry and multiple issues without clarifying so much before the Certifying Technician as the consumer.
Instead of an economic sanction, let's go another way! They could not apply other methods; From state exams to determine the knowledge of the Certifying Technicians to disqualification from the profession as applied in some other countries. Just as effective - I think - and without our battered pocket continuing to increase its hole.
We have to clarify an issue, not all the civil liability insurance that we have through our schools serve us before legal actions, first we must check if the relevant clause is included and then reaffirm that although our energy certification report I am not visa (If it is the case), said insurance continues to cover it.
Can certifications be issued WITHOUT liability insurance?
It is a question in which we all want to hear the "YES". Not because we do not want to have the insurance and be protected from any legal action, but rather because of the cost that we will have to assume when hiring it. That if we look at the prices that are being offered in the energy certification market, I think we will need to make a few reports to cover such disbursement. And believe me, we are a lot of Technicians for a cake that is not so big!
What regulations protect me to confirm that it is NOT necessary to have liability insurance to be able to practice as a Certifying Technician?
In this regard I add a response issued by a colleague Eduardo Martin del Toro (With Pag. Web more than interesting http://blog.deltoroantunez.com/) that I think is worth it for all of us to know, for its simplicity and clarification:
"In no case is civil liability insurance mandatory for a self-employed professional. Yes, it is recommended to exercise certain work exercises such as building, but it does not seem logical only for the development of certifications.
Background:
The first thing that can be said about this matter is that Law 38/1999, of November 5, on Building Planning, does not mention it when it could have done so. Not in vain does it mention the obligation to contract a property damage insurance or a surety insurance for the Promoter and Contractor of the building works in Art. 17. Although it is worth mentioning that it is the legal precept, it only applies to the buildings that are under the scope of the law; For the rest, article 1591 of the Civil Code or the regulations on contracts will apply. The first thing that can be said about this matter is that Law 38/1999, of November 5, on Building Planning, does not mention it when it could have done so. Not in vain does it mention the obligation to contract a property damage insurance or a surety insurance for the Promoter and Contractor of the building works in Art. 17. Although it is worth mentioning that it is the legal precept, it only applies to the buildings that are under the scope of the law; For the rest, article 1591 of the Civil Code or the regulations on contracts will apply.
State obligation before the energy certificate:
However, despite the fact that the aforementioned law mentions the responsibility of the architect and rigger before the energy efficiency certificate, it does not oblige the contracting of insurance in the sense that it could have been done if the legislator had wished it, as mentioned in the Article 75 of the Insurance Contract Law: “Civil liability insurance will be compulsory for the exercise of those activities determined by the Government. ". Likewise, article 21.1 of Law 17/2009, of November 23, on free access to activities and services and their exercise, mentions that:" , the subscription of a professional civil liability insurance or other equivalent guarantee that covers the damages that may cause in the provision of the service, in those cases in which the services they provide present a direct and specific risk to health or safety of a recipient or a third party, or for the financial security of the recipient. The required guarantee must be proportionate to the nature and scope of the risk covered ”.
Professional Societies before the energy certificate:
A different matter is that the professional or professionals constitute a professional architecture society. Then we would be facing another scenario, that of Law 2/2007, of March 15, of professional companies, which does oblige, according to Article 11.3, to maintain an insurance that covers the liability in which they may incur in the exercise of the activity or activities that constitute the corporate purpose. "
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After various interesting opinions from colleagues, I share them in this post:
Catalonia:
Catalonia according to "Llei 7/2006" according to articles 37 and 38 requires that competent technicians who develop their profession as technicians and carry out energy certifications are collegiate. To be a registered member, you need a mandatory minimum liability insurance. Be careful, the certificate may not be endorsed, but the technician must be registered.
Andalusia:
Law 10/2003, of November 6, regulating the Professional Associations of Andalusia:
Article 27. Duties.
The duties of the collegiate are:
a) Observe the obligations of the profession and all those derived from the public interest that justifies the creation of the respective professional association.
b) Comply with the statutes, the rules of operation and internal regime of the college, as well as the agreements adopted by the governing bodies.
c) Have covered by insurance the risks of civil liability that may be incurred as a result of professional practice.
