Key Roles in Construction: Promoters, Designers, and Builders
**Item 2. Key Actors and Agents in the Building Process**
The Promoter
1. Any natural person or legal entity, public or private, which individually or collectively decides, drives, programs, and funds, with their own resources or outside resources, the building work for themselves or for their subsequent disposal, supply, or transfer to third parties under any title.
- a) Promote ownership over the site of a law authorizing them to build on it.
- b) Facilitate the necessary documentation and information prior to drafting the project and authorize the construction manager to modify the rear thereof.
- c) Negotiate and obtain the required licenses and administrative authorizations, and sign the minutes of receipt of the work.
- d) Adhere to the insurance under this Law (Article 19).
- e) Provide the purchaser, if any, with documentation of work performed, or any other document required by the relevant administrations.
The Designer
1. At the request of the sponsor and subject to technical standards and relevant planning, the designer drafts the project. Partial projects may be drafted by engineers, in coordination with the authority.
When the project is developed through partial or complete projects or other technical documents, each designer will take ownership of their project.
- a) Be in possession of the educational and professional qualifications enabling them to be an architect, technical architect, engineer, or technical engineer, as appropriate, and meet the qualifications for practice.
- In the case of a legal entity, designate the technical editor of the project with the professional enabling.
- When the project is aimed at the construction of buildings for the following applications: administrative, medical, religious, all forms of residential, educational, and cultural, the educational and professional qualifications will be those enabling an architect.
- When the project is aimed at the construction of buildings for the following applications: aerospace, agricultural, energy, hydropower, mining, telecommunications, land transport, sea, river and air transport, forestry, industrial, naval, engineering, sanitation and hygiene, and accessory to engineering works and their exploitation, the academic and professional qualifications enabling, in general, will be those of an engineer, technical engineer, or architect and shall be determined by the existing legislation for each profession according to their specialties and specific skills.
- When the project is aimed at the construction of buildings whose uses are not specifically listed in the previous groups, the educational and professional qualifications will be those enabling an architect, technical architect, engineer, or technical engineer and will be determined by existing legal provisions for each profession, according to their specialties and specific expertise. The same criteria will be followed on construction projects to which paragraphs 2.b) and 2.c) of Article 2 of this Act refer.
- b) Prepare the project subject to existing laws and what has been stated in the contract and deliver it, with endorsements if need be.
- c) Agree, where appropriate, with the promoter on the recruitment of partial contributions.
The Builder
1. The builder contractually commits to the developer to implement human and material means, their own or others’, to complete the works or part of the project, subject to the contract.