For a foreign construction company intending to carry out work in Spain, one of the first aspects to review is its status in the Register of Accredited Companies (REA). Registration is a relevant requirement for companies that will be involved as contractors or subcontractors on construction works included within the scope of Spanish regulations.
The Register of Accredited Companies is regulated by Law 32/2006, of 18 October, and implemented by Royal Decree 1109/2007. The regulations establish that companies intending to be contracted or subcontracted for work on a construction site must be registered before beginning their involvement.
For a foreign company, the procedure may involve additional requirements related to its corporate status, occupational risk prevention and, where applicable, the temporary posting of workers to Spain.
What is the Register of Accredited Companies?
The Register of Accredited Companies (REA) is a public administrative register intended for contractor and subcontractor companies participating in the construction sector.
Its purpose is to certify that companies involved in the subcontracting process meet certain requirements related to their productive organisation, preventive organisation and human resources.
Registration is valid throughout the national territory and, as a general rule, lasts for three years, after which renewal must be requested within the established period. Therefore, a foreign company that is going to participate in a project in Spain must review its registration obligation before planning the start of the works.
What documentation does a foreign company need to register in the REA?
Royal Decree 1109/2007 establishes the content of the application and the documentation that must accompany it. The application must include certain identifying details of the company and a declaration regarding compliance with the requirements demanded by the subcontracting regulations.
In general terms, the documentation and information to be prepared includes:
1. Company identification details
The registration application must include basic company information, including:
- Name or corporate name.
- Details of the person representing it, where applicable.
- Registered address.
- Tax identification number.
- Main Social Security contribution account code, where applicable.
- Activity carried out, identified by its corresponding CNAE code.
- Applicant details and signature.
These details form part of the minimum content established by regulation for the registration application.
In the case of a foreign company, it is especially important to review how the company’s details and its representation must be evidenced before the competent Spanish authority.
2. Evidence of the preventive organisation
One of the central aspects of the file is to demonstrate that the company has an adequate preventive organisation in accordance with Law 31/1995 on Occupational Risk Prevention.
Royal Decree 1109/2007 expressly establishes that, together with the application, supporting documentation must be provided proving that the company has an adequate preventive organisation and the necessary resources.
For a foreign company, this means that it is not enough to provide corporate documentation. It must also be able to prove that its preventive structure meets the requirements demanded by Spanish legislation.
The specific documentation may vary depending on the company’s preventive organisation and the circumstances of the project, so it is advisable to review in advance what documentation must be submitted to the corresponding labour authority.
3. Preventive training of human resources
Another requirement linked to the REA is the availability of human resources, both at management and operational level, who have the necessary training in occupational risk prevention.
The company must be able to evidence this compliance through the corresponding documentation.
For an international construction company, this point may require a specific review of the certificates and accreditations obtained in the country of origin, especially when its workers’ preventive training has been carried out under a regulatory system different from the Spanish one.
The documentation must be organised in a way that makes it possible to demonstrate to the competent authority that the required requirements are met.
4. Declaration of compliance with the requirements
The application for registration in the Register of Accredited Companies must be accompanied by a declaration signed by the employer or its legal representative regarding compliance with the requirements established by Law 32/2006.
Royal Decree 1109/2007 links this declaration to the requirements related to the company’s productive organisation and preventive organisation.
Consequently, preparing the file does not consist solely of gathering documents: it is also necessary to verify that the information declared is consistent with the documentation supporting compliance with the requirements.
5. Representation documentation
When registration is handled by a person other than the company’s legal representative, the representation must be evidenced in accordance with the legally accepted means.
This aspect is of particular importance for a foreign company that delegates REA management to a representative or consultant established in Spain.
The regulatory procedure itself provides that, if representation is not evidenced when necessary, the Administration may require it to be remedied.
For this reason, it is advisable to determine from the outset who will be responsible for carrying out the procedure and with what documentation they will evidence their representation.
Manage the Register of Accredited Companies with a specialised consultant
For a foreign construction company, preparing the Register of Accredited Companies involves understanding Spanish requirements and adapting the company’s documentation to the demands of the procedure. GespreObra specialises in REA management for international companies and can support your company with registration and renewal, as well as other procedures linked to posted workers, prevention and site documentation. If your company is going to carry out construction work in Spain, contact GespreObra to review the required documentation and manage the process with the support of a consultant specialised in Spanish construction health and safety regulations, so you will avoid the most common mistakes foreign companies make when processing the REA.
