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The REA in the Construction Sector in Spain

Foreign companies operating on construction sites, acting as contractors or subcontractors must comply with Spanish Health & Safety regulations and register with the REA or Register of Accredited Companies.

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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 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 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 approval.

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:

  • 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 they have the necessary human resources to carry out the work. Moreover, the staff shall have the necessary training on the prevention of occupational hazards.

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. 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 not any obligation to register in the following cases:

  • self-employed persons, provided that they do not have employees;
  • companies set up by self-employed persons, if there are no employees;
  • 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 Article 4.2(a) of Law 32/2006, of 18 October. This requires them to submit documentation proving adherence to national regulations on promoting health and safety improvements in the workplace.

In particular, those following are the requirements companies must fulfill to register themselves with the REA:

  1. Possess its own productive organisation, have the necessary material and personal means, and use them for the development of the contracted activity;
  2. Assume the risks, obligations and responsibilities inherent to the development of the business activity;
  3. 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:

  1. Prove that they have human resources, 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 contain a declaration pursuant to the form established in Annex I.A of Royal Decree 1109/2007. The application shall enable the undertaking 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 less than 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 and report the opening of a new workplace (Centro de Trabajo) to the competent labour authority prior to the start of work. This obligation falls solely on employers who are contractors. The notification must be visibly displayed on-site and kept up to date.

To request 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 elaborated by the company’s preventive organisation, in case of obras sin proyecto (extemporaneous works), i.e. works of a minur nature, such as the assembly and disassembly of installations.

Additionally, before subcontracting any part of the work to a company or self-employed individual, each contractor must obtain a Subcontracting Book (Libro de Subcontratación). Typically, the labor authority in the province where the company operates in Spain is responsible for issuing this book.

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. Hence, the Subcontracting Book is used to control and monitor the subcontracting system.

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Regulatory Framework

BOE, 2006. Ley 32/2006, de 18 de octubre, reguladora de la subcontratación en el Sector de la Construcción. Boletín Oficial del Estado, 250, 19/10/2006

Reference

BOE, 2007. Real Decreto 1109/2007, de 24 de agosto, por el que se desarrolla la Ley 32/2006, de 18 de octubre, reguladora de la subcontratación en el Sector de la Construcción. Boletín Oficial del Estado, 204, 25/08/2007

Reference

Real Decreto 1627/1997. (Artículo 2.2 de la Orden TIN/1071/2010, de 27 de abril)

Reference

Learn more about Posting of Workers to Europe

Have a look at our in-depth guides about Posting of Workers to EU Countries. If you don’t know where to start, you can have a first look at our introduction on Posting of Workers to Europe.

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