State and Constructor's Guild: chain of responsibility against failures in the construction process

Abstract

The research developed in this Final Work makes a direct analysis of the issue of controls, responsibilities or omissions of the construction activity by the State, the Mayor's Office of Medellín and its urban control; In the same way, we look for and analyze how this control and monitoring is exercised, focusing our visions on the constructions that are built in the Commune 14 of the city of Medellín; meeting the special case of what happened with the Space Building. In this order of ideas, we will analyze stages of the construction of horizontal property such as checking, inspection, inspection and periodic supervision which are part of (1) Decree Law 1469 of 2010 that will be the legal core of this work, until reaching the latest provisions given by the approval of Law 1796 of 2016 that increases the surveillance of new buildings, whose purpose is to strengthen the guarantees to buyers, increasing the security measures of buildings and establishing clear regulations regarding curators surveillance.

We observe in art. 63 of the mentioned Decree, which regulates the provisions related to urban planning licenses; to the recognition of buildings; to the public function performed by urban curators and other provisions are issued, we see that it expressly states:

“Competition of urban control. It is up to the municipal or district mayors directly or through their agents, to exercise vigilance and control during the execution of the works, in order to ensure compliance with urban planning licenses and the regulations contained in the Territorial Planning Plan , without prejudice to the powers attributed to the officials of the Public Prosecutor's Office and the veedurías in defense of both the legal order, the environment and the heritage and public spaces, as well as the collective interests and society in general ”. It is clear then that the tasks of Monitoring and Inspection of real estate projects, will be carried out through periodic inspections during the work and after the delivery of the same, leaving written and physical evidence of each of them in signed minutes between the or the officials visitors and the person responsible for the work. These minutes will have expert value in future processes that are found in violation of the construction licenses delivered that violate any point or standard that has been endorsed by the local authority.