Certificate of contractors and subcontractors: what it is and how to obtain it

Certificate of contractors and subcontractors: what the REA register certifies, who is obligated to have it and what happens if you contract without it on site.

What is the certificate of contractors and subcontractors (REA)

The certificate of contractors and subcontractors is the document that certifies that a company is registered in the Register of Accredited Companies (REA), the autonomous regional public register required by Law 32/2006, of October 18, regulating subcontracting in the Construction Sector. Without this registration, a company cannot act as a contractor or subcontractor on a construction project in Spain.

The register is not an isolated administrative procedure: it certifies that the company meets the requirements of economic solvency, occupational safety training for its workers and compliance with its tax obligations and Social Security obligations required by law. On site, checking a subcontractor's certificate should be a preliminary step before access, not a later process.

Who is obligated to have the certificate of contractors and subcontractors

All companies, regardless of size, that are going to participate in a subcontracting process in the construction sector are obligated to register with the REA, whether as a contractor or subcontractor, including self-employed workers subcontracted to work in the same activity. The obligation arises from Law 32/2006 and its implementing regulation, Royal Decree 1109/2007.

The register is autonomous regional: the company registers in the registry of the autonomous community where it has its registered address, and that registration is valid throughout the rest of Spanish territory. Each autonomous community manages its own register, although the substantive requirements are the same throughout Spain because they are set by state law.

Requirements to obtain the certificate of contractors and subcontractors

To register with the REA, the company must demonstrate: appropriate occupational safety organization (its own resources or an external prevention service), occupational risk prevention training for its workers and managers, economic solvency and financial stability, compliance with its tax obligations and Social Security obligations, and a minimum percentage of workers with permanent contracts.

The law does not set a requirement to be free from prior penalties, but it does require that the documentation submitted to the register remain valid throughout the registration: an expired Social Security certificate or an outdated prevention plan can remove the company from the register even if it once met the requirements.

Renewal and validity of the certificate of contractors and subcontractors

Registration in the REA is valid for three years. Before that period ends, the company must request renewal by submitting again the documentation demonstrating compliance with the requirements: if it does not, the registration expires and the company stops being able to operate legally as a contractor or subcontractor in the sector.

The company is also obligated to notify the register of any relevant change in registered data during the validity period of the certificate, and to request cancellation of registration if it stops meeting legal requirements, continuing to appear as accredited without meeting them is the responsibility of the company itself, not just the register.

What happens if you contract a company without the certificate of contractors and subcontractors

Contracting or subcontracting with a company that is not registered with the REA is an offense classified by Law 32/2006, punishable for both the party subcontracting and the unregistered subcontracting company. Beyond the risk of penalty, lack of registration is usually a sign that the company also does not meet the substantive requirements (solvency, prevention, Social Security) that the register seeks to guarantee.

In construction practice, checking the certificate before signing the contract or before granting access to the subcontractor is cheaper than discovering later a company without prevention coverage or with Social Security arrears that can be transferred by joint and several liability.

Certificate of contractors and subcontractors and limits of the subcontracting chain

Law 32/2006 not only requires registration: it also limits the number of subcontracting levels allowed on a project (generally up to the third level), precisely to prevent opaque subcontracting chains where it is impossible to verify that each link fulfills its obligations. The certificate of each company in the chain is the way to check, level by level, that subcontracting remains within the legal framework.

Keeping track of which companies in the chain have valid certificates, at what subcontracting level they are and when their registration expires is a different task from managing day-to-day prevention documentation on site, it is important not to confuse both controls although they share some information.

How Bloqbase supports control of the certificate of contractors and subcontractors

Bloqbase can help keep visible, along with each subcontractor registered on the project, the validity date of their REA certificate and alert when it is approaching expiration, without replacing the legal responsibility to verify the official register of the corresponding autonomous community before contracting.

The software does not replace legal advice or direct verification with the regional register: the decision to contract with a company and the responsibility to verify its status remain with the main contractor.

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