In Spain, the Registro de Empresas Acreditadas (REA) is an administrative risk-prevention instrument since it aims at ensuring that companies comply with certain requirements in the field of prevention of risks at work. In particular, companies must comply with standards related to capacity and quality in Occupational Risk-Prevention (ORP), as contained in Law 32/2006 and Royal Decree 1109/2007, alongside the construction-site health and safety requirements established by Royal Decree 1627/1997.
About the REA: Definition and purposes
The REA (Register of Accredited Companies) is a public administrative register governed by Royal Decree 1109/2007, which implements Law 32/2006 of 18 October. Its purpose is to ensure that companies in the construction sector meet specific standards, particularly in occupational risk prevention and employment quality.
Each region in Spain (Comunidad Autónoma) has its own Register of Accredited Companies. Foreign companies posting workers to Spain must register with the REA in the region where they will first provide services in Spain. However, this registration is valid throughout the national territory. Besides, the registration is valid for a period of 3 years from the date of registration.
By registering with the REA, a company demonstrates compliance with the solvency and quality requirements outlined in the Law on Subcontracting in the Construction Sector. In particular, a company certifies that it:
- has adequate infrastructure and facilities to carry out the contracted activities,
- directly manages works, takes risks, obligations and responsibilities inherent in entrepreneurial activity,
- has an adequate preventive structure.
In addition to the above requirements, a company shall provide documentary evidence that its personnel, at both management and operational levels, have the necessary training on the prevention of occupational hazards, and that it has an appropriate preventive organisation.Â
Finally, an authorized body, such as an external risk prevention service, should accredit this risk-prevention training.
Which companies shall register with the REA
All companies that are either contractors or subcontractors for work on a construction site must register with the REA, even if their main activity belongs to another sector. Specifically, annex I of Royal Decree 1627/1997 defines a series of works that could be carried out on construction sites. The list includes:
- excavation, earthmoving, construction, assembly and disassembly of prefabricated elements
- fittings or installations
- transformation, rehabilitation, repair, dismantling, demolition, maintenance, upkeep
- painting and cleaning work
- sanitation.
On the other hand, there is no obligation to register in the following cases:
- self-employed persons, provided that they do not have employeesÂ
- companies set up by self-employed persons, if there are no employees and the members personally and directly perform the work as genuinely self-employed workers;
- the promoter of the work.
What requirements companies must fulfill to register with the REA
Companies providing services in Spain’s construction sector must demonstrate compliance with Articles 4.1 and 4.2(a) of Law 32/2006, of 18 October. This requires them to submit a declaration confirming compliance with these requirements, together with documentary evidence of their preventive organisation and their personnel’s occupational risk-prevention training.
In particular, the following are the requirements companies must fulfill to register themselves with the REA:
- Possess their own productive organisation, have the necessary material and personal means, and use them for the development of the contracted activity;
- Assume the risks, obligations and responsibilities inherent to the development of the business activity;
- Directly manage and organize the work performed by their employees on-site. For self-employed workers, they must carry out the work independently, outside the organizational and management control of the contracting company.
In addition to the above requirements, companies operating on a construction site shall also have to:
- Prove that they have human resources, at both management and operational levels, who have the necessary training in occupational risk prevention, as well as a preventive organisation appropriate to Law 31/1995.
REA registration for foreign companies posting workers to Spain
In the case of a foreign company posting its workers to Spain in the context of a transnational provision of services, the first notification of posting shall be considered as the application for registration in the REA. Indeed, the posting notification must be accompanied by declaration pursuant to the form established in Annex I.A of Royal Decree 1109/2007. The application shall enable the undertaking provisionally to take part in the subcontracting process until the date of registration or refusal.
After completing the registration, notifications of the subsequent postings must include, together with the legally required information, the registration number in the REA.
One exception to the obligation to register in the REA for foreign companies concerns postings lasting no more than 8 days, including postings lasting exactly 8 days.
Additional requirements: Opening of a Centro de Trabajo and Registration of a Libro de Subcontratación
Foreign companies providing construction services in Spain must register in the REA where required and, when acting as contractors, report the opening of a new workplace (Centro de Trabajo) to the competent labour authority prior to the start of work. This opening-notification obligation falls solely on employers who are contractors. The notification must be visibly displayed on-site and kept up to date.
To notify the opening of a new workplace, companies must provide the following information and documentation:
- Número de Inscripción en el Registro de Empresas Acreditadas en el sector de la construcción;
- Health & Safety Plan, which must be approved before the start of the work by the health and safety coordinator;
- Risk Assessment Plan, where a Health & Safety Plan is not required, elaborated by the company’s preventive organisation, in case of obras sin proyecto (extemporaneous works).
Additionally, before subcontracting any part of the work to a company or self-employed individual, each contractor must obtain a duly validated Subcontracting Book (Libro de Subcontratación). The labour authority responsible for the territory where the work is carried out validates the book (habilitación).
The contractor must chronologically record all subcontracting activities conducted on the site with subcontractors and self-employed workers, starting from the commencement of the work and before the respective subcontracted work begins.Â