Increased scrutiny in transport contracts: what changes for contractors in 2026

Key data

If your company has or aspires to have contracts with the Ministry of Transport, the way you will be audited has just changed radically. The Order TRM/1072/2026 redefines the role of the General Subdirectorate for Quality Control and Technical Inspection: it ceases to be an agency that detects problems after they have occurred and becomes a supervisor that acts from the beginning of the contract, with risk audits and mitigation plans.

The change is not minor. Until now, control focused mainly on works contracts and had a corrective nature. From this order onwards, scrutiny extends to all types of contracts linked to transport infrastructure and covers all their phases: from award to settlement.

What does this regulation establish?

Order TRM/1072/2026 replaces the 2014 regulation and fundamentally redefines the functioning of the General Subdirectorate for Quality Control and Technical Inspection of the Ministry of Transport. The main changes are:

Regarding budget thresholds, the regulation establishes that contracts exceeding certain amounts will be subject to comprehensive monitoring, while lower-value contracts will be subject to sampling and specific audits. The specific amounts of these thresholds have not been published in the available official summary.

Economic and operational impact

The impact is not measured in a specific published rate or penalty, but in the operational cost of adapting to a more demanding control regime. Contractor companies must anticipate:

• Greater administrative burden: documenting all contract phases with the level of detail required by a preventive audit.
• Risk audits from the start: it is no longer enough to comply at the end; you must demonstrate that risks are managed from award onwards.
• Supervised mitigation plans: if the Subdirectorate detects risks, the company must present and execute mitigation plans under active supervision.
• Mandatory collaboration with inspections: the regulation expressly establishes that contractor companies must collaborate with inspections in all phases.
• Scrutiny of Next Generation and RRM funds: contracts financed with these funds will have specific monitoring, which implies greater traceability and spending justification.

For companies working with European funds, this point is especially relevant: failure to comply with the conditions of these funds can result in refunds or exclusion from future programs.

Who does it affect?

• Construction and contractor companies with transport infrastructure works contracts (roads, railways, ports, airports).
• Service and supply companies linked to transport infrastructure, which were not previously the main focus of this Subdirectorate.
• Entities dependent on the Ministry of Transport that manage contracts with third parties.
• Companies benefiting from Next Generation EU funds or the Recovery and Resilience Mechanism in transport projects.
• Lower-value contractors, who although not subject to comprehensive monitoring, may be subject to sampling and specific audits.

Practical example

Imagine a medium-sized construction company that has just been awarded a contract for the rehabilitation of a national road partially financed with Next Generation EU funds.

Under the previous regulation (2014), it could expect a technical inspection mainly at the end of the work, focused on verifying that the result complied with specifications.

With Order TRM/1072/2026, the General Subdirectorate can act from the moment of award: conduct an initial risk audit, require a mitigation plan if it detects vulnerabilities in planning, and supervise its compliance throughout all phases of the work. Furthermore, since it is financed with Next Generation funds, the contract enters the specific monitoring provided for these funds, with greater requirements for documentary traceability.

If the company does not have its internal processes prepared for this level of scrutiny, it may face urgent documentation requests, delays in certifications and, in the worst case, risks regarding payment of certifications linked to European funds.

What should companies do now?

1. Review all active contracts with the Ministry of Transport and identify which ones fall under the new scope of the regulation (not just works, but also services and supplies linked to infrastructure).
2. Prepare risk management documentation from the award phase, not just at the end of the contract. The audit can arrive at any time.
3. Identify contracts financed with Next Generation EU or RRM funds and strengthen documentary traceability of spending, given that they have specific monitoring.
4. Designate an internal compliance officer to coordinate collaboration with inspections from the General Subdirectorate.
5. Train work and contract management teams in the new preventive control requirements: what documentation can be requested, in which phases and with what response timeframes.
6. Consult with specialized advisors if there are lower-value contracts in your portfolio, to assess whether they may enter the sampling system and what level of documentary preparation is recommended.

Official source

Consult complete regulation in official source

Disclaimer: This article is for informational purposes only 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-2026-21166