Maintaining business premises
Statutory maintenance
Statutory 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.
Also known asmantenimiento técnico-legal · compliance maintenance · regulatory maintenance · mandatory inspections
What is required versus what is chosen
All the maintenance of a business's premises falls into one of two boxes. The first holds what nobody asks the business to do: cleaning the extractor hood filters more often, painting the dining room, replacing the gym's treadmills before they fail. The second holds what a regulation requires, with a date, with an authorised company and with a certificate or a report that has to be produced on request. That second box is statutory maintenance.
Its basis is the Spanish Industry Act (Ley 21/1992, de Industria): the safety regulations made under it may require equipment to be checked for operation and state of repair or maintenance through periodic inspections (Article 12(2)), and the autonomous communities may add requirements for installations in their territory (Article 12(5)). From there come, among others, the inspections for fire protection, for thermal installations, the low-voltage inspection and the one for lifts. Health law adds its own, such as legionella or HACCP in food premises.
What applies to each business depends on what it has inside and on its size. RIPCI, for example, requires an inspection by an inspection body at least every ten years (Article 22(1)), but exempts a shop or a public venue of under 500 m² and an office of under 2,000 m², unless they have high special-risk areas or storage areas (Article 22(2)). The list by sector is in regulations by type of business.
Worth knowing
It is often confused with preventive maintenance: all statutory maintenance is preventive, but not all preventive maintenance is statutory. And complying with the law does not leave the premises well maintained, only at the minimum. The authorised maintenance company carries out the servicing and the OCA inspects, but the one who has to keep the dates in view is the owner.
Sources
Related terms
- Preventive maintenancePreventive maintenance is the work done before something breaks: inspections, servicing and certificates with a due date (lifts, air conditioning, gas or electrical installations) that a residence has to complete so its equipment keeps working and stays compliant.
- 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.
- Authorised maintenance companyAn 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.