If you work in construction, you have very likely heard of the Register of Accredited Companies (REA). However, you may still not be fully clear about what the REA is exactly. Likewise, you may have many questions about the procedures that derive from it and how they affect you or your company. In this article, we will answer some of those questions.
The key question: what is the REA?
As its name indicates, the REA is a register of accredited companies, and its scope of application is the construction sector. It is an official register whose main objective is to ensure that the companies registered in it comply with the requirements of competence and quality in occupational risk prevention.
To meet these requirements, it will be necessary to have sound organisation and appropriate resources to carry out the work and to manage safety and health. It will also be necessary to certify the training of workers in occupational risk prevention. All of this is regulated in Law 32/2006 on subcontracting in the construction sector.
What is considered the construction sector
We have already noted that registration in the REA affects the construction field and that its requirements are regulated in the subcontracting law for that sector. For this reason, it is advisable to be clear about what is considered the construction sector in Spain.
According to Royal Decree 1627/97 and the Subcontracting Law itself, construction is considered to be “any public or private project in which construction or civil engineering work is carried out”. In practice, a construction site is a place where, on a temporary basis, a series of tasks are carried out using construction techniques and technologies under certain circumstances.
Is it mandatory to register in the REA?
Having seen what the REA is and its scope of application, it is important to note that it is a mandatory register. This means that failure to comply may result in penalties.
But who is required to register? In the REA, all companies and self-employed workers who have employees must register. They must do so if they wish to be contracted or subcontracted. This affects all companies and self-employed individuals who carry out any of the construction activities under a subcontracting arrangement. This is the case regardless of whether their CNAE corresponds to other productive sectors. For example, an installation company that performs installation work on a construction site must register in the corresponding REA.
On the other hand, developers and self-employed workers without employees do not have to register in the REA. Nor do material supply companies whose employees are not going to enter the construction site.
Registration of foreign companies in the REA
There is a simplified registration procedure for companies not established in Spain that provide transnational services. In these cases, there are specific aspects to the registration process. For example, registration will not be necessary for periods of less than 8 days.
Where REA registration is carried out
Registration in the Register of Accredited Companies must be completed with the competent labour authority in the territory where the registered office of the contractor or subcontractor company is located. However, this registration is valid throughout the entire national territory.
Renewing the REA
REA registration is valid for 3 years. It must be renewed for equal periods. The renewal application must be submitted within the six months prior to the expiry of its validity. Companies that do not properly renew their registration will automatically be changed to “not registered”.
If you have an REA query, you can contact GespreObra. We have processed a large number of registrations in the Register of Accredited Companies, both domestic and foreign. 100% of all those companies, whether domestic or foreign, have had their REA number available in less than a month so they can start working on site. Our experience in safety and health management in industry, construction and mining supports our consultancy and advisory service in occupational risk prevention.
