Maintaining business premises
Authorised maintenance company
An authorised maintenance company (empresa mantenedora) is one entitled to maintain regulated installations, such as fire protection (RIPCI) or heating, cooling and hot water (RITE). It files a declaration with the regional government, but the owner of the premises remains responsible for the maintenance being done.
Also known asempresa mantenedora · authorised maintainer · licensed maintenance contractor · lift maintenance company
What the regulations say
There is no single law on maintenance companies: each installation regulation defines its own. For fire protection, RIPCI, the Spanish fire protection installations regulation (Royal Decree 513/2017), defines it as the entity that carries out maintenance on active fire protection equipment and systems (Article 2(g)) and requires it to be duly authorised by the competent body of the autonomous community (Article 14(1)), through a declaration of compliance known as a declaración responsable (Article 16). For thermal installations, RITE, the Spanish regulation on thermal installations in buildings (Royal Decree 1027/2007), requires maintenance to be done by authorised maintenance companies (Article 26(1)). For lifts, the equivalent is called an empresa conservadora (ITC AEM 1, Royal Decree 355/2024, Article 4).
A restaurant with fire extinguishers, detection in the kitchen and air conditioning of more than 70 kW needs a company authorised for fire protection and another (or the same one, if it holds both authorisations) for the air conditioning, and with the latter a maintenance contract, because RITE requires one above that output (Article 26(6)(b)). Some quarterly and six-monthly fire protection checks can be done by the business's own staff (RIPCI, Annex II, Table I); the annual and five-yearly ones cannot (Table II). And anyone with the means can become authorised to maintain their own installations (RIPCI, Article 14(2); RITE, Article 26(8)).
Worth knowing
Hiring a maintenance company does not hand over the responsibility. RITE says it plainly: the owner or user is responsible for complying with RITE as regards use and maintenance (Article 25(1)), and for the maintenance being done by an authorised company (Article 25(5)(a)). RIPCI requires the maintenance company to tell the owner the dates of each inspection (Article 17(f)), but if the date slips by, the problem is the owner's. Nor is it an inspection body: the maintenance company maintains; the OCA inspects.
Sources
Related terms
- Accredited inspection body (OCA)An OCA is an inspection body (organismo de control): an accredited, independent organisation that checks that an installation complies with its Spanish industrial safety regulation. It carries out, for example, the periodic inspections of a business's low-voltage wiring, lifts and fire protection.
- Statutory maintenanceStatutory maintenance (mantenimiento técnico-legal in Spain) is the set of inspections and servicing that the law requires a business's installations to undergo, with how often, who may carry them out and what paperwork is kept. It is distinct from the maintenance a business chooses to do on its own account.
- Electrical installation certificate (CIE)The electrical installation certificate (CIE), known in Spain as the ‘boletín’, is the document the installation firm signs when it finishes, extends or alters a low-voltage installation. It is filed with the autonomous community and, without the stamped copy, the distribution company cannot connect the premises.