Your project’s inspector and contractor: what they must certify

It is Chapter 2.7 of Joint Regulation No. 9473, titled Certification of Works and Permits. It establishes who signs what in a construction work, and when. Every plan for any construction project covered by the Regulation is certified by the designer and by the specialist, where applicable. Every construction project carried out on a certified plan is under the direction of a contractor and under the supervision of a Construction Work Inspector designated by the owner. This guide covers those three figures and their certifications. Plan amendments, registration plans, the horizontal property regime and the certification of the single permit for existing buildings are in a separate guide on this site, written from the same reading.

It applies to every construction project carried out on a plan certified under the Regulation. There is a single designer per stage, except where the owner replaces them, and to replace them the owner’s authorisation is required for the new designer. The contractor directs the work; the Construction Work Inspector supervises it and is designated by the owner. There is an express exemption from the plan-certification procedure: it need not be followed for planos seguros prepared by a government body to be supplied free of charge to people of limited means, provided those plans were previously submitted for review and approval by OGPe or the hierarchy I-III autonomous municipality. And there are two prohibitions for the IOC: they may have no kinship or economic interest with the work’s owner, shareholders or investors, and may not act as the work’s contractor.

• That the plan be certified by the designer, who certifies it conforms to applicable laws and regulations, and by the specialist for the particular phase or discipline they prepared.Verified against the official source
• That the contractor notify OGPe by email of the start of works, stating the case number, start date and approximate duration.Verified against the official source
• In projects including infrastructure construction: that the contractor notify OGPe and the Government Entities Concerned fifteen days before those works begin.Verified against the official source
• That on completing the work the contractor file a sworn certification attesting it was executed in accordance with the plans and specifications on which the permit was granted; if it includes electrical infrastructure, that certification must be accepted and signed by the AEE and delivered to the AEE.Verified against the official source
• That the owner designate a Construction Work Inspector, who renders at least one monthly inspection report to OGPe’s online system with copy to the owner, and on completion certifies the inspection, compliance with the permit and the work’s value as completed.Verified against the official source
• That the Construction Work Inspector have no kinship or economic interest with the work’s owner, shareholders or investors, and not act as the work’s contractor.Verified against the official source
• That the replacement of the contractor or inspector be notified through OGPe’s online system within not more than ten days of the contract lapsing or of the owner learning they will not finish.Verified against the official source

• The contractor’s sworn certification, on completing the work or the stage, attesting it was executed in accordance with the plans and specifications on which the permit was granted.
• The Construction Work Inspector’s certification filed through the electronic system, stating the work was inspected by them or under their supervision, that it complies with what the permit granted on the certified plans expresses, and stating the work’s value as completed for its particular use. A separate certification is filed for urbanisation works and for buildings and structures.
• The monthly reports of the inspections of each stage built, uploaded to OGPe’s online system for the work’s file, with copy notified to the project’s owner, and with copy to the AEE if the work includes electrical infrastructure.
• In case of replacement: notice through OGPe’s online system stating the work’s stage at the end of their functions, and the sworn certification of the part of the work built or inspected. Where the contract lapses through death or incapacity, the owner notifies the stage and the reasons, sending the inspection-record copies instead.

1. 1

   Step 1: Who signs the plan

   Every plan for any construction project covered by the Regulation is certified by the designer and by the specialist, where applicable. The designer certifies that the plan conforms to applicable laws and regulations. Each project has a single designer per stage, except where the owner replaces them, and to replace the previous designer the owner’s authorisation is required for the new one. Where a specialist’s services are used to prepare or design a particular phase or discipline, the specialist certifies that phase or discipline, and the designer sees to it that the specialist complies. One exception: the certification procedure need not be followed for planos seguros prepared by a government body to be supplied free of charge to people of limited means, provided they were previously submitted for review and approval by OGPe or the municipality.

2. 2

   Step 2: The contractor gives notice of the start

   Every construction project carried out on a certified plan is under the direction of a contractor, who is obliged to notify OGPe by email of the start of works, stating the case number, start date and approximate duration. And if the project includes infrastructure construction work, the contractor is obliged to notify OGPe and the Government Entities Concerned fifteen days before those works begin. That fifteen-day notice is not paperwork: it is what lets the infrastructure agencies be present from the start.

3. 3

   Step 3: The sworn certification on completion

   On completing the construction of the work, the contractor must file with OGPe or the hierarchy I-III municipality a sworn certification attesting the work was executed in accordance with the plans and specifications on which the permit was granted. If the work includes electrical infrastructure, the certification must be accepted and signed by the AEE, and must be delivered to the AEE to verify correction of the deficiencies noted during construction. The regulation underlines that the contractor’s certification on completing the work or stage is an obligation imposed by this Chapter: it is not a favour or a negotiable extra.

4. 4

   Step 4: If you bought a work through foreclosure or auction

   The regulation has a figure for that case: the involuntary acquirer. Where an involuntary acquirer becomes owner of a construction work, the work’s contractor is obliged to certify the whole work or the completed stage, as applicable, at the moment of the change in title and provided the involuntary acquirer so requests. And if the finished work, or any stage, has not been certified by the contractor after an involuntary acquirer required it, OGPe, on its own initiative or on a party’s petition, will order the contractor to issue the corresponding certification. The regulation itself explains why: the contractor’s certification is required by virtue of public policy and OGPe’s duty to safeguard the health and safety of the work’s future owners or users. The same rule, word for word, applies to the Construction Work Inspector.

5. 5

   Step 5: If the contractor leaves: ten days and a partial certification

   If for any reason the agreement between owner and contractor lapses, or the contractor cannot or refuses to finish the work, the owner, the involuntary acquirer or the contractor notifies through OGPe’s online system. The notice must be given within not more than ten calendar days of the date the contract lapsed, or of the date the owner learned the contractor cannot or refuses to finish. The contractor must also state the work’s stage at the end of their functions and certify under oath the part they built; if they do not, the owner notifies OGPe of the uncertified stage and the reason. If the contract lapsed through the contractor’s death or physical or mental incapacity, the owner notifies stating the stage and the reasons. The new contractor notifies OGPe immediately by email with the date they took charge and the stage. And a line worth knowing: none of this relieves the original contractor of the duty to file the sworn certification for the part they executed.

6. 6

   Step 6: What the Construction Work Inspector does

   Every construction project carried out on a certified plan is under the supervision of a Construction Work Inspector designated by the owner. Their job is to see the work is built in accordance with what the permit granted on the certified plans expresses. For that they may use other professionals’ services and whatever staff they think necessary. They must notify the designer, with copy to OGPe, of any lack of clarity or omission they find in the plans, and of any detail that, in their best understanding and by their professional experience, does not strictly comply with applicable laws and regulations. Where changes must be made to approved plans to conform them to the regulation in force, the IOC will not permit construction of that stage until the designer evidences having followed the procedure for amending certified plans. And where discrepancies arise between the IOC and the designer that could generate non-conformities, the IOC notifies them through OGPe’s online system within not more than ten calendar days.

7. 7

   Step 7: The stages that get inspected

   For buildings and structures: setting out and foundations, floors, columns, walls, formwork, beams, roofs and the staircase of each level; electrical systems, including cables, conduit, circuits, panels, earthing and smoke detectors; mechanical systems, including ventilation, plumbing, air conditioning and automatic sprinklers; the telecommunications system, with cables, conduit and earthing; and any other requirement of the Construction Code in force. For urbanisation works: earthmoving, road setting out, storm drainage, water distribution, sanitary sewer, electrical energy, street lighting and telecommunications systems; the required protection works, that is fences, slopes and retaining walls; lot setting out, final lot elevations, and construction of roads, sidewalks, kerbs, solid-waste disposal areas and the Recycled Materials Recovery Centres. And if the owner wishes, they may contract inspection of greater frequency and intensity.

8. 8

   Step 8: The monthly report and what happens if something goes wrong

   The IOC prepares monthly reports of the inspections of each stage built, uploads them to OGPe’s online system for inclusion in the work’s file, and notifies a copy to the project’s owner. Each report carries observations and comments on the work’s progress. If the work includes electrical infrastructure, the IOC gives copies of the monthly reports to the AEE. And as a measure to protect the public interest, the IOC must render at least one monthly inspection report. On noticing deficient workmanship, or that the work departs from the plans and the permit granted, or that the work’s soundness is at risk, or that public health or safety is endangered, they require the contractor, with copy to OGPe, to remedy the failings within a reasonable period that usually will not exceed thirty days. If the contractor complies, the IOC records it in a communication to OGPe and the infrastructure agencies. If they do not remedy or refuse to, the IOC files a complaint with the Planning Board or asks the Court of First Instance for partial or total paralysation of the work, following the procedure in Act 161-2009.

9. 9

   Step 9: If the inspector must be replaced

   If the contract between owner and IOC lapses, or the IOC cannot or refuses to finish the inspection, notice is given through OGPe’s online system within not more than ten calendar days. In that communication the IOC must state the stage the work was at and certify the part they inspected; if they do not, the owner notifies OGPe and the infrastructure agencies in writing of the uncertified stage and the reason. Where the contract lapses through the inspector’s death or physical or mental incapacity, the owner notifies through the online system within not more than ten working days, stating the stage and sending, instead of the certification, the inspection-record copies. It is the owner’s responsibility to provide the required authorised inspection within the ten working days following the cessation of functions. During those ten days the work may continue under the contractor’s responsibility, by the contractor designating an IOC who inspects and, at the end of their engagement, prepares a report to OGPe and the agencies. Once the new IOC is designated, they notify within ten working days stating the date they took charge and the stage.

10. 10

    Step 10: The inspector’s two prohibitions

    Section 2.7.3.5 is two lines long and settles many conflicts of interest. The IOC may have no kinship or economic interest with the work’s owner, shareholders or investors. And the IOC may not act as the work’s contractor. If in your project the one inspecting and the one building are the same person or the same firm, that does not comply with the regulation.

The certifications and notices go to OGPe or the hierarchy I-III Autonomous Municipality. The contractor notifies the start of works by email to OGPe, and in projects with infrastructure also to the Government Entities Concerned, fifteen days ahead. The inspector’s certification and monthly reports are filed through OGPe’s electronic system. Contractor or inspector replacements are notified through OGPe’s online system. If the work includes electrical infrastructure, the contractor’s certification must be accepted and signed by the AEE and delivered to the AEE, and the inspector gives it copies of the monthly reports. And where the contractor does not remedy the failings, the inspector files a complaint with the Planning Board or seeks paralysation before the Court of First Instance.

• Starting work without the contractor notifying OGPe of the start by email.
• Starting infrastructure works without the fifteen-day notice to OGPe and the agencies concerned.
• Treating the work as finished without the contractor’s sworn certification.
• Forgetting that if there is electrical infrastructure, the certification must be accepted and signed by the AEE.
• Designating as inspector a relative or someone with an economic interest in the project.
• Hiring the work’s own contractor as inspector.
• Letting more than ten days pass before notifying the contractor’s or inspector’s departure.
• Believing the contractor who left owes nothing more: they remain bound to certify the part they built.

These are the government pages this guide is based on.

• Oficina de Gerencia de Permisos (OGPe)

  OGPe

  docs.pr.gov

• Permit Management Office

  ogpe

  ogpe.pr.gov