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Conducts considered very serious under the proposed Special Law on Professional Responsibility could be sanctioned with fines ranging from US$1,635.20 to US$8,176, explained Paola Bardi, executive director of the Dirección de Ordenamiento Territorial (DOT).
These violations include practicing without being registered, submitting false or altered documentation, and causing damage or injury because of professional negligence.
The Infrastructure and Territorial Development Commission issued a favorable opinion for creating this legislation, which seeks to establish new rules, controls, and responsibilities for those involved in the planning, design, execution, supervision, control, and maintenance of construction, urbanization, and land subdivision projects.
The proposal establishes a Registry of Professionals and Service Providers for Urbanization and Construction, administered by the DOT and organized into categories such as environmental, urban auditing, construction, cultural, and permit processing. To register, professionals must meet specific training and experience requirements, according to the area in which they will provide their services.
The project also proposes mechanisms to increase oversight of construction projects and modernize procedures. These include the mandatory use of the Firma Electrónica Certificada (FEC) and the Professional Electronic Seal to validate plans, calculation reports, logs, and technical reports. Additionally, a public platform is planned to check if a professional is active, suspended, or has had their license revoked.
Infractions would be classified as minor, serious, and very serious, with corresponding fines. Serious infractions would include practicing with an expired registration, working outside their area of expertise, failing to comply with technical or safety regulations, and using materials that do not meet quality standards.
Minor infractions would carry fines of up to one minimum wage, while serious infractions could result in fines of between two and three minimum wages. The most serious violations would carry fines ranging from four to 20 minimum wages, a range that includes the penalties of up to US$8,176 stipulated by the DOT.
The initiative also establishes training and continuing education requirements for professionals. The DOT would develop training programs on regulations and on the Construction and Subdivision Permit Administration and Authorization System and completing these programs would be necessary to renew registration.
Furthermore, six months after the law takes effect, all new applications in the DOT system must be submitted by a registered facilitator. With these measures, the proposal seeks to establish greater controls over those involved in construction projects and reduce risks arising from services provided without the corresponding training or authorization.
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