| Work Detail |
The recent collapse of a wall in a building located on San Juan Boulevard 600, in the Güemes neighborhood of Córdoba, reopened a fundamental debate about who is technically responsible for construction defects. According to the municipal Building Code, responsibility does not lie with the Municipality, but falls exclusively on the professionals involved in the management, supervision, and execution of the project. What the regulations say Municipal Ordinance 9,385, which regulates the construction process, establishes a process divided into three stages: building permit, construction progress and inspections, and final certification. At all times, the regulations make it clear that the Municipality exercises regulatory control, verifying that the design complies with setbacks, maximum heights, and other urban planning parameters. However, it does not control the technical quality of the execution. Mandatory municipal inspections—when the insulation layer is reached and upon completion of the structure—do not entail a thorough structural review. This technical responsibility falls to the designer, the technical director, the on-site technical representative, and the Health and Safety professional. Shared Responsibility between Professionals and Owners Article 1.4 of the Code establishes that owners, builders, and professionals are jointly responsible for compliance with all technical requirements. This includes structural safety, the proper execution of construction details, and the choice of materials. Architect Daniel Rey, former Secretary of Urban Development, was blunt: Its impossible for the Municipality to appoint an inspector to every private project. Thats what professional associations and licensed professionals are for. For his part, Gabriel Sánchez, an architect specializing in health and safety, explained that the technical details are in the executive file, a document not submitted to the municipality. It functions as a black box for the building and defines anchors, supports, and materials. What happens after a collapse? When a collapse occurs, as in the case of Güemes, specialists identify three possible causes: Project failure (inadequate design) Failure of execution (poor construction) Maintenance failure (lack of subsequent preservation) In this case, the evidence points to a possible lack of structural anchors in a double exposed brick wall, a common technique in Córdoba, but one that requires additional support above a certain height. The construction company involved assured that the wall had the proper anchors and denied previous problems with moisture or leaks. However, they are investigating whether there were previous minor collapses that were not properly reported. Completion of Construction: An Administrative Procedure The completion certificate, issued by the Municipality, does not exempt the professionals involved from liability. It is a requirement for enabling horizontal property ownership and formalizing the buildings existence in the Land Registry, but its issuance is based on sworn declarations and previously approved documentation, not on a thorough technical inspection. Both Rey and Sánchez agreed that the consortium of owners is a bona fide party, and that technical responsibility rests with those who designed, directed, and executed the work. If a manufacturing defect exists, it is up to the professional associations and the courts to investigate, and sanctions should be imposed, if appropriate. |
