Procedures to follow for the implementation of an ICT

Procedure to implement an ICT in a building of new construction or that is going to be subject to a comprehensive rehabilitation

The promoter of the works must commission a university degree with ICT skills the drafting of a technical project that, in line with the architectural project, provides the characteristics of the ICT according to the current regulations and the needs of each case. The content and structure of the ICT technical project must comply with the provisions of Annex I of the Order ITC/1644/2011, Order ICT.

In order to ensure compliance with current regulations, the ICT technical project can be verified, before being submitted to the Administration, by a verification entity accredited by the National Accreditation Body (ENAC). Article 9.3 of Regulation approved by Royal Decree 346/2011, ICT Regulation, grants verified projects the presumption of compliance with current ICT legislation.

There are currently two inspection bodies accredited by ENAC (select in the search box “Inspection” - “Telecommunications”) for the verification of ICT projects: COIT (274/EI471) and COITT (280/EI487).

Functions

Any ICT must fulfil at least the following functions, according to article 2.1 of the Regulation approved by RD 346/2011, ICT Regulation:

  • The acquisition and adaptation of analogue and digital, terrestrial, sound broadcasting and television signals and their distribution to connection points located in the various dwellings or premises of the buildings, and the distribution of sound broadcasting and television signals to the aforementioned connection points by satellite. Terrestrial television and sound broadcasting signals capable of being picked up, adapted and distributed shall conform to National Technical Plan for Digital Terrestrial Television as well as Annex I of the ICT Regulation and will be disseminated by qualified entities within the corresponding territorial scope.
  • Provide access to the publicly available telephone service and access to broadband telecommunications services, provided through public telecommunications networks, through the necessary infrastructure that allows the connection of the different homes, premises and, where appropriate, common rooms or facilities of the buildings to the networks of the authorized operators.

Scope of application

The rules contained in the ICT Regulation will apply to the scope regulated in the Article 2 of Royal Decree-Law 1/1998.

Minimum technical specifications of the buildings

The minimum technical characteristics that must be met by the constructive elements that serve as a support to carry out the installations described are listed in Annex III of the ICT Regulation.

Procedure

The technical project together with the architectural project must be submitted to obtain the construction license or the permit to start the works (first additional provision of the ICT Order). A copy of the technical project must also be submitted to the Secretary of State.

The owner will hand over a copy of the technical project to the construction manager or telecommunications installer selected to run the planned common telecommunications infrastructure. The selected installer must be registered in the Registry of Telecommunications Installation Companies of the Secretary of State.

  1. At the time of the start of the works, the promoter will order an ICT project manager, if he/she exists, or if he/she does not have an official university degree with competence in ICT, to draw up a reconsideration report of the ICT technical project, which will be signed between him/her and the owner of the property or his/her legal representation, where there is an express declaration of validity of the original project or, if the circumstances have changed and it is necessary to update it, the way in which the updating is to be carried out, either as a modification of the project, if it is a substantial change, or as an annex to the original project if the entity changes are necessary.

  2. Obligatorily, the reconsideration report will include a reference to the results of the consultation mechanism described in Article 8 of the ICT Regulation and will be submitted to the Administration telematically, through the electronic office of the Secretary of State, within a period not exceeding fifteen calendar days after its writing and signature.

  3. Once the technical project mentioned in the previous paragraph has been completed, the property will submit electronically, through the electronic office of the Secretary of State, the installation bulletin and the test protocol issued by the installation company that has carried out the installation, and the end of work certificate issued by the construction manager, where it exists. The electronic office will return an acknowledgement of receipt of the cited documents. This accusation has the same effects as the copies sealed by the Secretary of State, with a view to the granting of the first occupation permit. For the purposes of the ICT regulation, the project manager, where he/she exists, is the official university graduate with ICT skills who manages the implementation of the technical project related to the common telecommunications infrastructure, who assumes responsibility for its implementation according to the technical project, and who may make changes to the original project in the course of its implementation. Once the execution of the ICT is completed, the property will deliver to the end users of the homes and commercial premises of the building a copy of a user manual, where it is described, in a didactic way, the possibilities and functionalities offered by the telecommunications infrastructure, as well as the recommendations regarding its use and maintenance. Each owner will have the obligation to transfer this information, suitably updated, in case of sale or lease of the property. The structure and information that must be contained in the user manual is included in Annex VI of the ICT Order.

  4. The Secretariat of State may carry out, using its own means, or through external audits or assessments, the verification or inspection actions necessary to verify compliance with the requirements applicable to the process of implementation of the common telecommunications infrastructure. These checks may affect both the required documentation and the infrastructure itself carried out.

  5. At the request of the owner of the property or his representative, after payment of the established fees, the Secretary of State will issue a certification for the sole purpose of proving that the developer or builder has submitted to the Ministry the technical project that protects the infrastructure, the reconsideration certificate, the installation bulletin and the test protocol and, where applicable, the end-of-work certificate and the annexes that guarantee that the execution of the same is in accordance with the technical project. Likewise, when the Secretary of State detects breaches in the realization of the infrastructure or in the documentation presented, it will communicate it to the corresponding regional or local administration, so that it can adopt the corrective measures that may be appropriate for the benefit of the end users, all this without prejudice to the other actions that are initiated in the field of infractions and sanctions.

  6. The community of owners or the owner of the building and the installation company, if applicable, will take the necessary measures to assure those who have individual facilities their normal use during the construction of the new infrastructure, or the adaptation of the pre-existing one, as long as they are not in perfect working condition.