Key Benefits:
Royal Decree 1665/1991 of 25 October 1991 regulating the general system for the recognition of higher education diplomas in the Member States of the European Economic Community, which require a minimum level of training Three years of duration, it sets out the basic regulatory framework for the implementation of the provisions of Directive 89 /48/EEC of the Council of the European Communities of 21 December 1988.
The transposition rules contained in the aforementioned Royal Decree must allow nationals of Member States of the European Economic Community with professional qualifications obtained in a Member State, similar to those required in Spain to pursue a regulated profession, they may be able to access it in our country under the same conditions as those who have obtained a Spanish title, and also that nationals of a Member State who have obtained his degree and professional qualification in Spain to pursue a regulated profession, (a) to be accredited, for the purposes of access to it in another Member State, under the same conditions as the citizens who have obtained the qualification in that State.
By virtue of the provisions of the aforementioned Royal Decree, the Ministry of Public Works and Transport is responsible for verifying that the certificates issued in other states of the European Economic Community to nationals of a State Member of the Commission is responsible for access to the exercise of the profession of Property Agent in Spain, when those who are in possession of those titles intend to pursue this profession in Spain.
The application of the appropriate compensation mechanisms, provided for in cases where the training acquired in another member state comprises matters substantially different from those required in Spain, or does not exist The Ministry of Public Works and Transport is also responsible for correspondence between professional activities.
Moreover, it is also up to this Department to provide accreditation to other Community States that the official title of the Property Agent for Real Estate obtained in Spain has the power to exercise the aforementioned property. profession.
In its virtue, according to the final disposition of the Royal Decree cited, heard the General Council of the Official Colleges of Agents of Property Property and with the approval of the Minister for the Administrations Public, I have:
First. The purpose of this Order is the development of Royal Decree 1665/1991 of 25 October 1991 regulating the general system for the recognition of higher education diplomas of the Member States of the European Economic Community which require a minimum of three years ' duration, in respect of the profession of Property Agent.
Second. Scope. -The provisions of this Order will be applicable:
(a) The recognition that certificates issued in other Member States of the European Economic Community to nationals of any of those States correspond to the title permitted in Spain for the exercise of the profession of Property Agent.
(b) The accreditation of certificates obtained in Spain by nationals of Member States of the European Economic Community for the exercise of that profession, in order to enable the persons concerned to exercise a regulated profession in another Member State.
It will also apply to the accreditation of the legal and effective exercise of the profession in Spain for a certain number of years, when it is necessary to be able to establish itself in another member state.
Third. Applications for recognition and accreditation. -1. The procedures for the recognition of diplomas obtained in other Member States, for access to professional practice in Spain, shall be initiated by application by the person concerned, addressed to the Technical Secretary-General of the Ministry of Works Public and Transport, adapted to the model published as Annex I to this Order, or as Annex II, according to whether the profession is regulated in the state of origin, respectively.
2. The procedures for the accreditation of diplomas obtained in Spain, as well as, where appropriate, the legal and effective exercise of the profession in Spain, shall be initiated by application of the person concerned, addressed to the Technical Secretary-General of the Ministry of Public Works and Transport, adapted to the model published as Annex III to this Order.
3. The applications referred to in the first and second paragraphs of this paragraph may be filed in the General Register of the Ministry of Public Works and Transport, or in any of the places provided for by the rules on procedure administrative.
Without prejudice to the foregoing, the Professional Colleges concerned, as well as their General Council, if they so decide, may establish services for the submission of such applications.
Fourth. Documentation required for recognition. -1. Applications for recognition of certificates issued in other Member States for access to professional practice in Spain shall be accompanied by the following documents:
Proof of the nationality of one of the countries of the European Economic Community, by means of a passport or a sufficient identification document.
Diploma or diploma of higher level academic training, and professional title, if any.
Academic certification of studies carried out by the applicant for obtaining the degree or diploma of training, in which the duration of the courses of study in academic years, with indication of the areas of knowledge and subjects, and, where appropriate, of their teaching time, broken down into theoretical and practical terms, as well as the specific subjects which have exceeded the attainment of the professional title, where appropriate.
Where the qualification or diploma of training has been awarded in a Member State of the European Community in which the profession of Property Agent is regulated, it must be stated in the certificate that the training has has been acquired mainly in the Community. Where the Member State of origin, which regulates the profession, has recognised the certificate issued in a third country, the accreditation shall be accompanied by such a member state that the holder has a minimum professional experience of three years. years.
Where in the Member State which issued the training diploma or diploma does not regulate the profession concerned, it must be stated in the certificate that the training has been acquired in the Community. The accreditation of having exercised the profession, in that state or other community which does not regulate it, for two years, shall be accompanied, in full time, in the course of the preceding ten years, with the expression of the content of this experience.
The presentation of a certificate of the competent authority of the country of origin may also be required, provided that it regulates the profession, in which it is established that the applicant is a professional, who meets the requirements required by Directive 89 /48/EEC to carry out a set of activities in that country of origin of the regulated profession, and which is not disabled for the same.
2. Documents issued by the authorities of the Member State of origin shall be legalized by diplomatic means or by the apostille of the Hague Convention, and shall be accompanied by the corresponding official translation into Spanish.
Fifth. Documentation required for accreditation. -1. Applications for accreditation of certificates issued in Spain shall be accompanied by the following documentation:
Professional title of Real Estate Agent.
Proof of the nationality of one of the countries of the European Economic Community, by means of a passport or sufficient identification.
The filing of these documents will be excused when they are already held by the State Administration.
2. If the applications include the accreditation of having effectively and legally exercised the profession in Spain for a given number of years, the certification of such an end, issued by the professional college, must also be accompanied corresponding.
Sixth. Formalities of the documentation. -The original documents may be accompanied by their copy, and they will be returned to the interested parties, once their authenticity has been verified.
If the copies are presented to Notary, or by diplomatic or consular representations of Spain in the country from which the document originates, or by another person or entity that has the authority to do so The authenticity of the original shall not be required at the same time.
Seventh. Verification of the documentation. -1. The examination of the documentation provided and the instruction of the procedure will be carried out by the Technical General Secretariat of the Ministry of Public Works and Transport. In case of doubt, the competent authorities of the State of origin may be required to confirm the utenteness of the documentation.
2. If the application or the documentation submitted is incomplete or does not meet the requirements laid down in this Order, in accordance with the provisions of Royal Decree 1665/1991 of 25 October 1991, the person concerned shall be granted a period of to remedy the deficiency, in accordance with the provisions laid down in the rules on administrative procedures.
If the deficiency is not remedied, the applicant will be given up, and the Technical Secretary General of the Department will resolve the file of the application, notifying the person concerned before the end of four months. from the date of submission of the last document.
Eighth. Analysis and motion of resolution for recognition. -1. Completed the documentation, can be requested report of the Directorate General for Housing and Architecture, and of the General Council of the Official Colleges of Agents of the Real Estate Property, for the purposes of comparing the training demanded in Spain with the one received by the applicant, and the scope of professional activities for which the title is entitled in one and another member state.
Such reports shall be issued without exceeding the required time limit in each case, which shall not be less than ten days.
Reports shall be made on the origin of the recognition, and shall indicate, where appropriate, any differences between the professional activities covered by the title of the Real Estate Agent, and the for the profession in the State of origin, and if the specific training required in Spain is substantially different from that received by the applicant for obtaining its title. They shall propose the list of subjects of the aptitude test, and the length and modalities of the traineeship, when they consider it necessary for the recognition that the person concerned chooses one of these requirements.
2. If the circumstances provided for in Article 5 (b) are met. of Royal Decree 1665/1991 of 25 October 1991, the instructor will bring it to the attention of the applicant, prior to the decision of the procedure, for the purpose of the fact that within 15 days he chooses to undergo an aptitude test or to carry out a period of practice.
The relevant communication will contain the list of subjects for the aptitude test, as well as the duration and modalities to be had, in another case. the traineeship period.
The applicant must communicate his/her choice between the aptitude test and the internship period, by writing to the Technical Secretary General of the Ministry of Public Works and Transport.
In writing, you shall accompany, if applicable, the compliance of the Chartered Property Agent, registered in the list referred to in paragraph 10 of this Order, who proposes to be responsible for the practice period.
If the option is not exercised in time and form, the request will be deemed to be withdrawn.
Ninth. Aptitude test for recognition. -1. The aptitude test, which shall consist of an examination of the applicant's professional knowledge, shall cover only subjects contained in a list which shall contain those not covered by the training received in the country of origin, the knowledge is essential for the exercise of the profession in Spain.
The list of subjects will be prepared by the Technical General Secretariat of this Department, being able to request the collaboration of the General Council of the Official Colleges of Property Agents.
Within one month of the time-limit of the option instance referred to in the eighth paragraph of this Order, the instructor shall notify the applicant of his/her admission to the aptitude test, indicating the length of time it takes place, without being able to differ in less than three months or in more than one year. Within the same time limit set for the notification, the Steering Centre shall forward to the bodies referred to in the following number of this paragraph the relevant information to enable them to make proposals for the appointment of the Commission's vowels. evaluation.
These proposals, together with the necessary information, will be sent to the corresponding professional corporation, in advance of not less than one month on the date the aptitude test can take place, which will consist of acknowledgement of receipt. The reference period, not less than 10 days, shall be indicated in the reference document for the purpose of evacuating consultation on the appointments of members of the evaluation committee and for proposing a representative of the Corporation in that Commission.
2. The Commission for the assessment of the aptitude test referred to in Article 6. Royal Decree 1665/1991 of 25 October 1991 will have as its functions the design of the examination in which this test consists, and, in view of its result, the assessment, positive or negative, of the applicant's fitness for the professional exercise in Spain.
It will consist of the following members:
The President, who will be the technical secretary general of the Ministry of Public Works and Transport, who will be able to delegate to the Subdirector general of Technical Standards and Economic Analysis of the said Steering Center.
The Secretary, an official who occupies one of the existing jobs in the Deputy General Direction, who will act with a voice but without a vote.
A Vowel, an official in possession of the qualification which he enables in Spain for the exercise of the profession which is the subject of the application, or, failing that, with a suitable qualification for the subject matter of the test, belonging to the Directorate General for Housing and Architecture of the Ministry of Public Works and Transport, and proposed by its holder.
A Vocal, an official in possession of a suitable qualification for the subject matter of the test, proposed by the Director General of Territorial Policy and Urbanism of the Ministry of Public Works and Transport.
A Vocal, proposed by the General Council of the Official Colleges of Real Estate Agents, among the collegiate.
Each of the Centers and Corporations identified in relation to the three headline Vocals, will also propose an alternate vocal. The alternate members shall be part of the Evaluation Committee, in case of absence or illness of their respective Vocal.
The members and alternate members of the Evaluation Commission of the aptitude test will be appointed by the technical secretary general of the Ministry of Public Works and Transport.
On the assumption that fifteen days before the earliest date on which, in accordance with the provisions of this paragraph, the aptitude test may take place, the Vocal has not been proposed by the Council. General of the Official Colleges of Agents of Property Property, will not proceed the appointment of the cited Vocal.
The members of the Commission of Evaluation to which Royal Decree 236/1988 of 4 March 1988 on compensation for the service is applicable, may receive amounts in support of their participation in the the aptitude tests, in accordance with the provisions laid down in that provision.
3. The Secretariat of the Evaluation Committee shall convene the person concerned for the aptitude test, at least 15 days in advance, by announcing the date, time and place of the examination.
The functioning of the Evaluation Committee will be governed by the provisions of the governing bodies in the regulations on the legal system of public administrations.
Within a period of no more than 15 days from the date fixed for the examination, the Secretariat of the Commission shall raise the test result, with the rating of
Interested persons who are notified of a desestimatory resolution, motivated by the qualification of unfit, will be able to repeat the test. The new test shall take place without taking place less than six months or more than one year from the date on which it is requested, in writing to the Technical Secretary-General of the Ministry of Public Works and Transport.
The procedure set out in this paragraph will be followed for the new test.
10th. Period of practice for recognition. -1. The period of professional practice, to which the applicant may choose in the terms set out in Articles 1. d), 5. and 7. of Royal Decree 1665/1991, will be adapted to a specific program, whose modalities and duration will determine the Technical General Secretariat of the Ministry of Public Works and Transports, being able to request the collaboration of the General Council of the Official Colleges of Agents of Property Property.
Within 15 days from the time and form of the option instance referred to in the eighth paragraph of this Order, the Technical Secretary General of the Ministry of Public Works and Transport consult the General Council of the Official Colleges of Agents of Property Property, in relation to the proposal of the interested person on the professional who has to be responsible for the period of practices. If, within 15 days of the date of consultation of the Corporation, no reply is received from the Corporation, the hearing shall be deemed to be fulfilled.
Before three months elapse from the time and form of the applicant's option instance for the internship period, the Technical Secretary-General of the Ministry of Public Works and Transport will notify the programme, and the appointment of the professional responsible for the traineeship. This notification will begin to contain the duration of the notification.
The designation referred to in the preceding paragraph shall be placed on an Agent of the Property Property, collegiate, voluntarily registered in a list to that effect, which shall be carried by the General Council concerned. This Corporation must update it at least annually, and give its contents to the Technical General Secretariat of the Ministry of Public Works and Transport.
2. The period of practice of the persons concerned shall take place in the establishment and under the responsibility of the professional designated in accordance with the preceding paragraph.
The term of practice of the profession may not exceed two years.
During the practices, the Technical General Secretariat of the Ministry of Public Works and Transport may agree to interviews with the person concerned, and with the responsible professional, or other legal means of inspection, verify compliance with the established program.
Ended the period, the Collegiate Real Estate Agent who has been responsible for the applicant's practices, will forward, within one month, certificate of compliance or non-compliance with the prescribed program, with the approval of the corresponding Professional Corporation.
11th. Resolution. -1. The procedure for the recognition of diplomas obtained in other Member States for the access to professional practice in Spain, as regulated in this Order, shall be for a maximum of four months from the date of the submission of the documents. full of the applicant.
In cases where the conduct of an aptitude test or a traineeship is necessary, the time limit for the decision of the procedure shall be suspended from the date of communication of this end to the interested, until the date indicated for the conclusion of the test or, where appropriate, to the receipt by the Authority of the certificate of the performance of the traineeship.
The procedure will end with any of the following decisions:
a) The title for the exercise in Spain of the profession of Agent of Property Property is recognized.
b) The request is motivated.
2. The procedure for accreditation that the title obtained in Spain empowers for the exercise of a regulated profession, as well as, where appropriate, the legal and effective exercise of the profession in Spain, shall end by:
a) Certification that collects such extremes, or
b) Motivated dismissal.
12th. Presumed dismissal of applications. -Applications for accreditation and recognition referred to in this Order in which there is no longer-term resolution shall be deemed to be rejected for the purposes of the appeal which (i) where appropriate, without excluding the obligation to issue an express decision.
13th. Powers. -1. The procedures for the recognition of diplomas awarded in other Member States, for access to professional practice in Spain, shall be decided by the Order of the Minister for Public Works and Transport, signed by the Secretary-General. technical department.
2. The procedures for the accreditation of the titles of Real Estate Agents obtained in Spain, for the purposes of the professional exercise in different Community country, as well as, where appropriate, of the legal and effective exercise of the profession in Spain, will be resolved by the Technical Secretary-General of this Department.
14th. Resources.-The resolutions on procedures referred to in this Order will put an end to the administrative route, with the interested parties being able to bring the resources provided for in the legislation in force.
15th. Instructions for implementation.-The Deputy Secretary and the Technical Secretary-General of the Ministry of Public Works and Transport are hereby authorized to issue, within the scope of their powers, the precise instructions concerning the application of this Directive. Order.
sixteenth. Entry into force. This Order shall enter into force on the day following that of its publication in the Official Journal of the State.
Madrid, 4 March 1993.
BORRELL FONTELLES
Ilmos. Mr Deputy Secretary and Technical Secretary General of the Department.
ANNEX I
National professionals of any State of the EEC who wish to practise in Spain, and are in possession of a diploma obtained in another Member State that regulates the profession
Don ........., natural of ........., nationality ........., national identity document number (or passport) ........., born on date ........., with domicile (for notification purposes) in street/plaza ........., country ........., locality ........., province ........., postal district ........., telephone .........
Requests the recognition of its title of ... obtained in ...
for the purpose of the exercise in Spain of the profession of Agent of Property Property, under the provisions of Royal Decree 1665/1991, of 25 October, which regulates the general system of recognition of higher education of the Member States of the European Economic Community which require a minimum of three years ' duration.
, a .... of 19 ....
Signed:
Ilmo. Mr. Secretary-General of the Ministry of Public Works and Transport.
(General Subdirection of Technical Standards and Economic Analysis.)
ANNEX II
National professionals from any State of the EEC who wish to practise in Spain, and who are in possession of a training degree obtained in a Member State that does not regulate the profession
Don ........., natural of ........., nationality ........., national identity document number (or passport) ........., born on date ........., with domicile (for notification purposes) in street/plaza ........., country ........., locality ........., province ........., postal district ........., telephone .........
Requests the recognition of the right to exercise of the profession of Property Agent, based on its title of training ... obtained in ... and in the professional exercise of ... years of duration in the course of the (i) the last ten in the State, in accordance with the provisions of Royal Decree 1665/1991 of 25 October 1991 governing the general system for the recognition of higher education diplomas of the Member States of the European Economic Community, which require a minimum of three years ' duration.
, a .... of 19 ....
Signed:
Ilmo. Mr. Secretary-General of the Ministry of Public Works and Transport.
(General Subdirection of Technical Standards and Economic Analysis.)
ANNEX III
National professionals of a Member State of the EEC, with a diploma obtained in Spain, who wish to practise in another Member State
Don ........., natural of ........., nationality ........., national identity document number (or passport) ........., born on date ........., with domicile (for notification purposes) in street/plaza ........., country ........., locality ........., province ........., postal district ........., telephone .........
Requests the accreditation that its title of Agent of Property Property, obtained in Spain, meets the requirements of Directive 89 /48/EEC of 21 December 1988 ("Official Journal of the European Communities"). 24 January 1989), and Royal Decree 1665/1991 of 25 October ('Official State Gazette' of 22 November), and empowers the exercise of that regulated profession. For submission to the competent authority of the Member State ...
Indicate if the accreditation is requested to have effectively and legally exercised the profession for a number of years,
a .... of 19 ....
Signed:
Ilmo. Mr. Secretary-General of the Ministry of Public Works and Transport
(General Subdirection of Technical Standards and Economic Analysis.)
