When a foreign company secures a contract to participate in a construction project in Spain, planning typically focuses on aspects such as worker deployment, supplier contracting, machinery transport, or the execution schedule. However, an administrative error can halt the project even before work begins.
The REA is a fundamental requirement for companies that will operate as contractors or subcontractors in certain construction sector activities. The regulations establish that companies intending to be contracted or subcontracted to perform work on a construction site must meet the corresponding accreditation and registration requirements before participating in the subcontracting process.
For companies established outside Spain, the process can be particularly complex. Below, we analyze the main mistakes when processing the Register of Accredited Companies from abroad and how they can affect the start date of a construction project in Spain.
1. Assuming the Register of Accredited Companies Can Be Processed When the Project Is About to Begin
One of the most common mistakes is leaving the REA management until the final days before work begins.
A foreign company may already have a signed contract, workers ready to deploy, and machinery planned. However, if the documentation required to accredit its status is not properly prepared or the procedure requires rectifications, access to the site may be affected.
Royal Decree 1109/2007 establishes that companies intending to operate as contractors or subcontractors must apply for registration prior to the start of their participation in the subcontracting process.
To avoid these setbacks, the review of obligations related to the Register of Accredited Companies should be carried out from the initial planning phase of the project, not when the company is about to mobilize personnel.
Preventive planning allows early identification of the required documentation and coordination of this procedure with other essential steps to begin working in Spain.
2. Not Properly Verifying Whether the Company Is Required to Register
Another significant mistake is assuming that a foreign company does not need to comply with REA obligations because its main activity is registered outside Spain or because, in its country of origin, it belongs to a different sector.
Subcontracting regulations may apply to companies involved in activities included within the construction scope, even if the company typically belongs to another productive sector. Among the covered works are construction activities, installations, conditioning, rehabilitation, repair, maintenance, conservation, or certain demolition and dismantling works.
Therefore, the correct questions before starting are:
- What specific work will be performed in Spain?
- Will it operate as a contractor or subcontractor?
- Will the work be carried out within a construction site?
- What specific regulations apply to your situation?
- Is this a cross-border service provision with its own particularities?
Failing to analyze these issues from the outset can lead to discovering the need to process the Register of Accredited Companies when the project already has a scheduled start date.
3. Applying the Same Procedure to a Foreign Company Without Analyzing Its Specific Situation
Not all companies working in Spain have the same structure or are in the same legal situation.
One company may be established in another country and temporarily deploy to provide a specific service, while another may have a permanent structure or a different establishment in Spain. These circumstances may affect the analysis of the applicable procedure.
Before initiating the application, it is advisable to analyze the company’s structure, country of establishment, type of contract, duration of works, and how it will participate in the project.
This preliminary analysis is especially important for foreign companies, as it helps avoid preparing unnecessary documentation or, conversely, detecting requirements that had not been considered.
4. Submitting Preventive Documentation That Does Not Properly Accredit the Required Conditions
The REA is not simply an administrative register to obtain a number. Registration is linked to the accreditation of certain solvency and quality requirements related to business organization and occupational risk prevention. Among them, the regulations contemplate the availability of adequate resources and means, preventive training of human resources, and an adequate preventive organization.
Furthermore, the procedure requires the corresponding declaration and supporting documentation relating to, among other matters, the preventive organization and training in occupational risk prevention.
One of the most common problems for a foreign company is assuming that any prevention document issued in its country will be sufficient without first verifying whether it adequately accredits the requirements demanded in the Spanish procedure.
This can generate:
- incomplete documentation;
- documents that do not allow verification of the required information;
- inconsistencies between company data and submitted documentation;
- need to provide additional documentation;
- rectification requirements.
Each documentation issue can translate into more time before having the administrative status necessary to participate in the project.
5. Leaving the Review of the Company’s Identifying Data Until the End
Identifying data must be reviewed with special attention before initiating any application.
Royal Decree 1109/2007 establishes that the application must contain information such as the identification of the company and its representative, address, tax identification, company activity, and other data required for the procedure. It also establishes the obligation to communicate certain variations in identifying data within the corresponding period.
A small error in the company name; address; company identification; legal representation; declared activity; correspondence between documents; can generate inconsistencies that delay processing.
Recommendation: before submitting the application, it is advisable to perform a complete document verification to ensure that all data are consistent with each other and correspond to the actual situation of the company.
6. Not Verifying Who Has Authority to Act on Behalf of the Company
Another common mistake occurs when the person performing the management or signing the declarations has not been properly identified as a representative of the company or the documentation required to accredit their representation has not been previously reviewed.
In administrative procedures related to the Register of Accredited Companies, the business declaration must be properly formalized by the appropriate person representing the company. Law 32/2006 links compliance with requirements to a declaration signed by the employer or their legal representative before the register.
For an international company, this issue can become complicated when the corporate structure includes parent companies, subsidiaries, branches, or representatives located in different countries.
Before initiating the management, it is advisable to confirm:
- Which legal entity will contract or subcontract the work;
- Who acts legally on its behalf;
- What documentation accredits such representation;
- Whether all submitted documentation corresponds to the same entity that will participate in the project.
7. Confusing the REA with Other Obligations Required to Access the Site
Having the Register of Accredited Companies does not mean the company has automatically completed all its obligations regarding prevention, documentation, or subcontracting.
Registration accredits certain requirements, but the company remains obligated to maintain them and be able to justify them when required.
Furthermore, effective access to a site may depend on other documentary and preventive requirements related to the specific project.
This is where many foreign companies make a planning mistake: they consider the REA as an isolated procedure and not as part of a comprehensive compliance strategy to begin work in Spain.
For example, it may be necessary to coordinate the company’s status with:
- the project’s preventive documentation;
- the main contractor’s requirements;
- the coordination of business activities;
- the document platforms used to control access;
- the documentation of workers, machinery, and auxiliary equipment;
- obligations related to subcontracting.
8. Not Coordinating the REA Procedure with the Actual Project Schedule
Administrative processing must be integrated into the project planning.
If a foreign company needs to begin work on a specific date, the project manager must identify in advance all administrative and documentary milestones that may affect that date.
The mistake consists of establishing the technical and contractual schedule without including a specific phase to:
- analyze the registration obligation;
- determine the applicable procedure;
- collect and review documentation;
- process the Register of Accredited Companies when applicable;
- address possible requirements;
- prepare the remaining documentation required to access the site.
Document management is part of operational planning. If left out of the timeline, the project may find itself with a site ready to begin, but with a company that still cannot join as planned.
9. Not Anticipating Possible Requirements or Rectifications
One of the biggest mistakes is planning the procedure assuming that all documentation will be accepted without any clarification needed.
In international management, documents issued in different countries, different preventive systems, and more complex corporate structures may be involved. Therefore, it is advisable to allow margin in the schedule to review any documentation issues.
The best strategy is not only to submit documentation as soon as possible, but to submit it correctly from the start.
A prior technical review can help detect inconsistencies before initiating the application and reduce the risk that a documentation error affects the company’s mobilization schedule.
10. Forgetting That Registration Must Remain Valid
Management of the Register of Accredited Companies does not necessarily end with obtaining registration.
Royal Decree 1109/2007 establishes a validity of three years and provides that renewal be requested within the six months prior to expiration. If the validity period elapses without requesting renewal within the established period, registration is automatically canceled.
Likewise, certain variations in the company’s identifying data must be communicated to the competent labor authority.
For a foreign company that regularly participates in projects in Spain, it is advisable to establish internal control over:
- The validity date of registration;
- Renewal deadlines;
- Corporate or identifying changes;
- The validity of preventive documentation;
- The documentary requirements of each new project.
If your foreign company will perform work in Spain, do not wait until the project start date is near to review the Register of Accredited Companies (REA). A mistake in the procedure, incomplete documentation, or an incorrect interpretation of applicable obligations can directly affect the mobilization schedule and project start.
With the specialized Register of Accredited Companies (REA) service from GespreObra, your company can have support to analyze its situation, manage registration, and coordinate this procedure with the documentary and preventive needs of the project. If your company operates from abroad and needs to begin a project in Spain with solid planning, having GespreObra as a consultant can help you reduce administrative issues and prepare documentation with the necessary lead time so the project proceeds on time and as planned.
