Port project certification in Avilés: what changes for contractors and engineers in 2026

Key data

Companies that bid on or execute works and technical services at the Port of Avilés must incorporate professional college certification into their cost structure from July 2026. The Resolution of July 3, 2026 from the Port Authority of Avilés publishes the agreement signed with the College of Civil Engineers for voluntary certification of professional work. Although certification is formally voluntary, the Port Authority can require it through procurement specifications, making it a de facto requirement for contractors wishing to operate in the port.

This agreement is part of the 2021 Protocol between Puertos del Estado and the College, aimed at extending these agreements to all Spanish port authorities. Avilés is one of those implementing it now.

What does this regulation establish?

The agreement precisely defines what types of technical work are covered by professional college certification. Below is the complete list of included work:

The agreement does not establish exclusivity: the Port Authority is not obligated to use only this certification mechanism or to contract exclusively with registered civil engineers through this agreement. Resolution of disputes arising from the agreement falls under administrative litigation jurisdiction.

Economic and operational impact

The most direct impact for contractor companies is the possible incorporation of certification costs in procurement specifications. This means that if the Port Authority decides to include it, the contractor must assume that cost as part of their economic offer.

There are two differentiated cost scenarios depending on the scope of the modified project:

• Modifications up to 20% of PEM: certification is covered by the agreement's base fee, with no additional cost.
• Modifications exceeding 20% of PEM: separate billing is generated, additional to the base fee. Companies managing works with frequent scope modifications must budget for this additional cost.

From an operational standpoint, certification adds an administrative step to the project approval flow: technical documentation must pass through the College before final processing. This may affect work start timelines if not planned in advance.

Who does it affect?

• Port contractor companies that bid on or execute works, work supervision services, or technical assistance at the Port of Avilés: they must assume the certification cost if included in the specifications.
• Registered civil engineers who sign technical projects for the port: their work is subject to the certification procedure established in the agreement.
• Port Authority of Avilés: can pass the certification cost to the contractor and incorporate it as a requirement in procurement specifications.
• Engineering consultancies and firms that prepare health and safety plans, as-built documentation, or settlement documentation for port projects in Avilés.
• Other Spanish port authorities: although this agreement is specific to Avilés, the 2021 Protocol from Puertos del Estado provides for its progressive extension to all ports, so other port authorities may be affected soon.

Practical example

A construction company wins a contract to execute a port work in Avilés with a Material Execution Budget (PEM) of €2,000,000. During execution, unforeseen circumstances arise and a modified project is processed.

• Scenario A — 15% modification of PEM (€300,000): as it does not exceed the 20% threshold, certification of this modification is included in the agreement's base fee. The contractor assumes no additional cost for certifying the modification.
• Scenario B — 25% modification of PEM (€500,000): as it exceeds 20%, separate billing is generated for certifying this modification, independent of the base fee. The contractor must have budgeted for this cost in their bid if the specifications so establish.

Additionally, if the specifications include certification cost pass-through, the contractor must have included in their bid the cost of certifying the construction project, work supervision, and health and safety plans, all included in the agreement's base fee.

What should companies do now?

1. Review specifications for new bids at the Port of Avilés to check if they include the obligation for professional college certification and cost pass-through to the contractor.
2. Incorporate certification costs in economic bids for future bids if specifications require it, including both the base fee and possible additional costs for modifications exceeding 20% of PEM.
3. Plan processing timelines accounting for the time needed for professional college certification before final approval of each technical document (construction project, modifications, as-built, safety plans).
4. Verify registration of the signing technical team with the College of Civil Engineers, a prerequisite for processing certification.
5. Monitor the extension of the 2021 Puertos del Estado Protocol to other port authorities, especially if the company operates in multiple Spanish ports, as similar agreements may be activated soon in other ports.

Official source

Consult complete regulation at official source

Notice: This article is purely informational and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-18760