MIL-OSI Europe: Written question – Competence to issue building assessment reports in the EU – E-000274/2025

Source: European Parliament

Question for written answer  E-000274/2025
to the Commission
Rule 144
Jorge Martín Frías (PfE)

The Spanish Supreme Court recently established that only architects are authorised to issue building assessment reports, with engineers, who previously were also allowed to do so without restriction, now being excluded from this role. In the majority of EU countries, engineers are authorised to assess buildings’ state of conservation and energy efficiency, which means that this judgment obstructs the free movement of professionals in the EU. This could mean that Spain is infringing EU law on freedom to provide services as job profiles are unjustifiably being restricted to the benefit of architects. This exclusive right enjoyed by architects is not laid down in any Spanish legislation and CNMC[1] reports conclude that it is anti-competitive, unjustified and in violation of EU law. This practice could be at odds with Directive 2006/123/EC[2], Directive 2005/36[3] and Directive 2018/958[4].

In light of the above:

  • 1.What measures is the Commission considering to ensure that European engineers can enjoy their right to freedom to provide services in other Member States?
  • 2.Will the Commission consider asking the Spanish Government to remove these barriers faced by European engineers when practising their profession?

Submitted: 22.1.2025

  • [1] National Commission for Markets and Competition in Spain
  • [2] on services in the internal market
  • [3] on the recognition of professional qualifications
  • [4] on a proportionality test before adoption of new regulation of professions
Last updated: 30 January 2025

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