In short.
- The site management team (dirección facultativa) is made up of the works director and the director of the execution of the works (arts. 12.1 and 13.1 LOE); the designer is a separate agent (art. 10). All three are liable to owners and purchasers for material damage to the building within the periods set by Article 17 of the LOE, counted from handover.
- The rule is personal and individual liability (17.2); it becomes joint and several where the cause cannot be attributed to a specific agent or there is concurrent fault without a precise degree of involvement (17.3), and where the design or the site management was commissioned jointly from several professionals (17.5 and 17.7). The developer, moreover, is always jointly and severally liable with the other agents towards purchasers (17.3).
- Whoever directs works under someone else's design takes on the shortcomings of that design, with a right of recourse (17.7), and whoever signs the final certificate of works answers for its accuracy. Claims are time-barred two years after the damage occurs (18.1).
The liability of the site management team does not end with the final certificate of works: that is where it begins. From handover, the architect and the execution director remain liable for years for damage they may not have caused alone, because Spain's Building Act turns individual liability into joint and several liability as soon as it cannot be proven who did what (art. 17.3).
For the partner of an architecture practice or an engineering firm, and for the technical director of a developer or contractor that engages or employs the site management team, that rule changes the question. It is no longer enough to know what each professional did correctly: you need to know what you may end up paying on behalf of the others, and with what cover.
What is the dirección facultativa and who makes it up?
Ley 38/1999, de Ordenación de la Edificación (LOE, the Spanish Building Act) identifies two agents as «forming part of the dirección facultativa» (site management team). The works director (director de obra) directs the progress of the works in their technical, aesthetic, planning and environmental aspects (art. 12.1). The execution director (director de ejecución de obra) directs the physical execution of the works and controls the construction and the quality of what is built, both qualitatively and quantitatively (art. 13.1).
The designer (proyectista) drafts the design (art. 10): they are not part of the site management team, although they often coincide with the works director, and they are equally liable under Article 17. Both directorships may fall to the same professional (12.3.g). A legal entity must appoint a professional holding the qualifying degree.
| Agent | Buildings in group a) of art. 2.1 (residential, administrative, healthcare, educational, cultural, religious) | Article |
|---|---|---|
| Designer | Architect | 10.2.a |
| Works director | Architect | 12.3.a |
| Execution director | Technical architect (arquitecto técnico) | 13.2.a |
For groups b) and c), the qualification required of the designer and the works director depends on the specialisms and competences of each profession (arts. 10.2.a and 12.3.a). The execution of group b) works directed by architects must be supervised by a technical architect. In all other cases it may be undertaken, without distinction, by an architect, a technical architect, an engineer or a technical engineer (art. 13.2.a).
Liability of the site management team: the rule in Article 17 of the LOE
Article 17.1 sets the perimeter. The agents are liable to owners and subsequent purchasers for material damage caused to the building, within periods counted from handover without reservations or from the remedying of those reservations: ten years for structural damage and three for habitability defects (the one-year period applies to the contractor alone). Those periods are set out in detail in our guide to ten-year liability.
Two nuances in the same article weigh heavily on a professional:
- It is in addition to the contract, not instead of it. Article 17.1 applies «without prejudice to their contractual liabilities». Towards the developer who engaged them, the professional may also be liable for breach of the engagement; we explain the difference between the two regimes in contractual and non-contractual liability.
- It is personal and individual. Article 17.2 holds each agent liable for their own acts or omissions and for those of the persons for whom they are answerable by law. That is the starting rule. The problem lies in everything that displaces it.
When are the professionals jointly and severally liable?
The LOE provides three routes by which a professional's individual liability becomes joint and several. They are the core of the real exposure of an architect or an execution director:
| Scenario | Rule | Article |
|---|---|---|
| The cause of the damage cannot be attributed to a specific agent, or there is concurrent fault without the degree of each agent's involvement being determinable | Joint and several liability | 17.3, para. 1 |
| Design commissioned jointly from more than one designer | The designers are jointly and severally liable | 17.5, para. 1 |
| Site management commissioned jointly from more than one professional | Jointly and severally liable, «without prejudice to the apportionment that may apply between them» | 17.7, para. 3 |
In addition, the developer is in all cases jointly and severally liable with the other agents towards purchasers (17.3, para. 2). That rule does not make the professionals jointly liable with one another: it adds the developer to the claim.
The practical consequence is direct: the injured party may pursue any of the jointly and severally liable parties for the full amount. The internal apportionment is settled afterwards through recourse, which is time-barred two years after the judgment becomes final or after out-of-court payment (art. 18.2).
In litigation over damp or cracking with several possible causes, the expert evidence rarely separates cleanly the share attributable to the design, to site management and to execution. That is where joint and several liability stops being theory: the professional with the strongest balance sheet, or the best insurance, is a natural target of the claim.
Does your policy cover the share you may have to pay on behalf of other agents? Request a review of your professional indemnity cover.
What the designer answers for
The designer answers for defects or flaws in the design. Their statutory obligation is to draft it in accordance with the regulations in force and with what was agreed in the contract (art. 10.2.b).
The most demanding rule is that of Article 17.5, second paragraph: where the designer commissions calculations, studies, opinions or reports from other professionals, they are directly liable for any inadequacy, error or inaccuracy in them, without prejudice to subsequent recourse against their authors. The typical case is the structural or building services study commissioned from an external engineering firm: as far as the owner is concerned, the error belongs to the designer who incorporated it.
Where several designers work on partial designs, each assumes ownership of their own (art. 10.1, para. 3), which delimits their liability. If, on the other hand, the design was commissioned jointly, the joint and several liability of Article 17.5 applies.
What the works director and the execution director answer for
The liability of each member of the site management team arises from their statutory obligations. That is where any breach will be sought.
The duties of the works director (art. 12.3, letters b to f) include:
- verifying the setting-out and the suitability of the designed foundations and structure for the geotechnical characteristics of the ground;
- resolving contingencies on site and recording instructions in the Site Order and Attendance Book (Libro de Órdenes y Asistencias);
- preparing the design changes required as the works progress;
- signing the setting-out record and the final certificate of works, and approving interim certifications and the final account;
- preparing and signing the as-built documentation for delivery to the developer.
Those of the execution director (art. 13.2, letters b to f) focus on physical control: verifying the receipt of construction products and ordering the necessary tests; directing the physical execution of the works by checking setting-out, materials, and the correct execution and arrangement of building elements and services; recording instructions in the Site Order Book; signing the setting-out record and the final certificate; preparing interim certifications and the final account; and contributing to the as-built documentation with the results of the control carried out.
Directing works under someone else's design
Article 17.7, second paragraph, is the most frequent trap for the works director: whoever accepts the direction of works whose design they did not prepare assumes the liabilities arising from the omissions, deficiencies or imperfections of the design, without prejudice to recourse against the designer.
The professional implication is clear: before accepting a directorship under a third party's design, it is advisable to review that design and document any objections. As far as the owner is concerned, the defect in someone else's design also becomes the director's.
Liability for the accuracy of the final certificate (art. 17.7)
The works director and the execution director who sign the final certificate answer for its truthfulness and accuracy (17.7, para. 1). That certificate is attached to the handover record (art. 6.2), and it is handover that starts the liability periods running (art. 6.5). We cover the document and tacit acceptance in our article on the handover certificate of works.
Exoneration, limitation and joinder of other agents
The liabilities in Article 17 are not enforceable if the agent proves that the damage was due to unforeseeable circumstances, force majeure, the act of a third party or that of the injured party themselves (art. 17.8). The burden of proof lies with whoever seeks exoneration.
Claims for material damage are time-barred two years after the damage occurs (art. 18.1), and recourse claims two years after the final judgment or out-of-court payment (18.2). The analysis of limitation of claims under the LOE is developed in our article on liability during construction works.
Joinder to the proceedings
The seventh additional provision of the LOE allows the defendant agent to request, within the period for filing a defence, that the claim be served on other agents who took part in the construction process. If they do not appear, the judgment will be binding and enforceable against them. For a professional sued alone, this is the tool to avoid standing alone in the proceedings and to prepare recourse against the others.
One limit worth keeping in view: Article 17 covers material damage to the building towards owners and purchasers. Damage to neighbouring properties during the works is governed by a different regime.
If you direct works under third-party designs, we will review how your cover responds. Let us talk about your practice.
How this liability is insured (and what does not cover it)
The first misconception is that ten-year insurance protects the professional. Ten-year (decennial) insurance is taken out by the developer as policyholder (or by the contractor on the developer's behalf, if so agreed), and the insureds are the developer and successive purchasers (art. 19.2.a). It is not insurance for the architect or the execution director. And Article 18.2 expressly provides for insurers' recourse against the responsible agents: even where ten-year cover exists, the responsible professional may end up paying. We explain this in detail in ten-year liability.
The professional's own protection is their professional indemnity insurance. Because the exposure extends for years after handover, the policy's coverage trigger, its retroactive cover and the extended reporting period after the cessation of activity are particularly important; we develop this in professional indemnity for engineering and consultancy firms.
Where the engagement is performed by a professional partnership (sociedad profesional), the firm and the professionals who acted are jointly and severally liable, and the firm must take out insurance covering that liability (Ley 2/2007, the Spanish Professional Partnerships Act, art. 11.2 and 11.3). We address this in insurance for professional firms.
The LOE, on the other hand, does not itself impose compulsory insurance on an individual professional; any requirements that may exist derive from other legislation or from professional associations and should be checked case by case. The precise scope of any policy — retroactive cover, extended reporting period, sub-limits and exclusions — is governed by the policy terms and conditions.
The role of an independent broker
As an independent brokerage, we act on the client's mandate, not on behalf of any insurer. For a practice, an engineering firm or an execution director, that means checking that each agent's policy covers joint and several liability and liability arising from third-party designs, that the retroactive cover reaches works already handed over and that cover continues after cessation of activity. And coordinating it with the developer's ten-year insurance, so that the insurer's recourse finds no gap. If your organisation develops or builds, we cover the full programme in insurance for construction companies.
We will review, without obligation, the cover of your practice or engineering firm: retroactive cover, joint and several liability and coordination with the developer's ten-year insurance. Talk to us.
Frequently asked questions
Who forms part of the site management team (dirección facultativa)? The works director and the director of the execution of the works (articles 12.1 and 13.1 of the LOE). The designer is a separate agent (article 10), although they often coincide with the works director.
Is the architect liable only for their own errors, or also for those of others? The rule is individual liability (article 17.2), but it becomes joint and several if the cause cannot be attributed to a specific agent or there is concurrent fault without a precise degree (17.3), or if site management was commissioned jointly (17.7). In addition, they answer for calculations commissioned from third parties (17.5) and for the shortcomings of someone else's design that they direct (17.7).
What is the liability of the execution director? That arising from their duties under article 13.2 — receipt and testing of products, control of the physical execution — and liability for the truthfulness and accuracy of the final certificate of works they sign (17.7).
Can a professional be released from liability? Yes, if they prove that the damage was due to unforeseeable circumstances, force majeure, the act of a third party or that of the injured party themselves (article 17.8). In addition, the claim is time-barred two years after the damage occurs (article 18.1).
Can I bring other agents into the proceedings if I am sued? Yes. The seventh additional provision of the LOE allows you to request, within the period for filing a defence, that the claim be served on other agents who took part in the construction process. If they do not appear, the judgment will be binding and enforceable against them.
Sources and legislation
- Ley 38/1999, of 5 November, de Ordenación de la
Edificación (Spanish Building Act; consolidated text, consulted on 12-10-2026):
- article 2 (scope and use groups);
- article 6 (handover of the works);
- article 10 (designer);
- article 12 (works director);
- article 13 (director of the execution of the works);
- article 17, paragraphs 1, 2, 3, 5, 7 and 8 (civil liability of the agents);
- article 18 (limitation periods);
- article 19, paragraph 2.a (policyholder and insureds under the guarantees);
- seventh additional provision (service of the claim on other agents).
- Ley 2/2007, of 15 March, de sociedades profesionales (Spanish Professional Partnerships Act), article 11 (financial liability and insurance).
The actual apportionment of liability is determined by the courts case by case, on the basis of each agent's contract and the expert evidence; this guide describes the legal framework of the LOE. This information is for guidance only and does not constitute legal or binding advice. Covers, limits and exclusions are governed in every case by the specific terms of each policy; no cover or cost is guaranteed. New Brokers Correduría de Seguros, S.L., registered with the DGSFP under reference J0140.
