The new law, Law 31/95 on the Prevention of Occupational Risks (PRL), obliges the Communities of Owners to protect themselves from accidents that their suppliers may suffer.
this law has as its sole and main objective, to protect the health and physical condition of all workers, whether their own or others. Depending on their job, they have some risks or others, the variety that can occur within a Community of Owners, causes great ignorance on this subject. However, this does not exempt either the Community or the Property Manager, even in those Communities that do not have hired employees, from their compliance, so in this article, we shed light on the different assumptions that can occur.
When the Communities have hired workers. In this case, as is logical, they have to comply with the provisions of the regulations like any other company that has workers under its charge.
Neighborhood communities that do not have workers and that outsource services such as cleaning, surveillance or maintenance to third parties. In this case, they are obliged, according to Royal Decree 171/2004, to communicate the risks and preventive and emergency measures that govern the building to comply with the PRL, to the extent that the Community of Owners is legally responsible for all the common areas of the farm and, in the event that a person offering an external service suffered an accident at work, this could be the responsibility of the Community.
When the Community carries out some type of work in the building. These cases are governed by Royal Decree 1627/1997, due to the fact that the community of neighbors acts as promoter of its own works, and, therefore, the PRL must comply with all the requirements associated with the work project.
Non-compliance, voluntary or not
Non-compliance, voluntary or not, by the Community or the Administrator entails a series of sanctions, both administrative and criminal, which may involve a significant financial outlay. Administrative fines range from €40 to €2,045 if they are light, from €2,046 to €40,985 for serious ones, and from €40,986 to €819,780 for very serious ones. If criminal proceedings become necessary, prison sentences of six months to 3 years can be set for those responsible.
Precisely for this reason, it is essential that the Communities of Owners have good advice from the Property Administrators Association.
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