The start of work order is the administrative act or resolution by which the competent authority (usually the local council, and in certain cases the autonomous community) formally authorizes construction work to begin. It is the legal starting point that is issued once all the prerequisites have been verified: licenses, sectoral permits, approved technical documentation, guarantees, and regulatory compliance. Without this authorization, physically starting the work exposes the developer to penalties and immediate stoppage of the work.
Nature and function of the start order
This is an administrative resolution in the field of urban planning that fulfills three essential functions:
Authorize the start of construction work (earthworks, foundations, structures, etc.).
Certify that the technical project complies with urban planning, safety, accessibility, fire protection, environmental, and other sector-specific regulations.
Set conditions and deadlines, as well as guarantees and coordination obligations during execution.
In practical terms, the start order acts as a legal trigger: from the date of issue, the developer can deploy resources and personnel on the site in a regulated manner.
Common prerequisites
In order for the administration to issue the order to commence work, it is usually necessary to provide proof of:
Final building permit granted (or equivalent).
Complete technical project, signed by competent professionals and, where applicable, approved.
Payment of related taxes and fees (e.g., ICIO or others).
Required bonds or guarantees (restoration of urban services, waste management, pavement replacement, etc.).
Supplementary documentation: geotechnical study, environmental assessment if applicable, health and safety project or plan, construction and demolition waste management, quality control plan, civil liability insurance.
Official designations: project management, health and safety coordinator during the execution phase, main contractor, and preventive resource when applicable.
Without these elements, the city council cannot legally authorize the start of work.
Time between license and start order
The time between the granting of the license and the issuance of the start order varies by municipality:
It can be immediate if the file is complete.
It may require corrections or the submission of pending documents.
There are municipalities where the order is generated automatically once all technical and financial requirements have been met.
In any case, local administrative procedure regulations apply: it is advisable to check the maximum time limits, the applicable administrative silence, and the validity of the license.
Typical contents of the start order
Although it may vary by jurisdiction, the resolution typically includes:
File identification: developer, location, cadastral reference.
Technical team: construction management, execution management, health and safety coordinator.
Reference to the license and the approved project (number and date).
Specific conditions: start and end dates, inspection milestones, waste management, tree protection, noise and working hours, occupation of public roads, signage, and fencing.
Health and safety measures and business coordination obligations.
Penalty system and grounds for suspension or expiration.
Date of issue and signature of the competent authority.
Legal consequences of starting without an order
Starting a project without a start order (or without a license) may result in:
Fines and penalties for urban planning violations.
Total or partial stoppage or closure of work.
Demolition orders for illegally constructed buildings.
Civil and criminal liability in the event of damage to third parties.
Impossibility of legalizing or registering the building.
Increased costs due to subsequent adjustments and project delays.
Differences with other key construction documents
To avoid confusion, distinguish the start order from other milestones and documents:
Site survey report: certifies that the project is physically feasible on the site (the plans match reality) and is usually the technical milestone prior to commencement.
Notification of workplace opening: labor procedure before the labor authority; does not replace the urban development start order.
Building permit: this is the main urban planning permit; the start order is the authorization to begin construction, subject to final compliance with documentation requirements.
Health and safety plan: a preventive document required for implementation; it is approved before commencement and must be available on site.
Practical example (sample schedule)
License grant (Day 0).
Accreditation requirements (Days 1–15): bonds, insurance, security plan, designations, fees.
Formal request for start order (Day 10–20).
Issuance of the order (Day 20–30, depending on the local council).
Site layout and work center opening report (Days 25–35).
Commencement of work (from the date indicated in the order).
Practical checklists
To request the start order
✅ Final license and approved project.
✅ Fees and taxes paid.
✅ Deposited bonds.
✅ Designated and documented prime contractor.
✅ Civil liability insurance and, if applicable, comprehensive construction insurance (TRC).
✅ Health and safety plan approved; coordination designated.
✅ Planned waste management; containers and permits for occupying public roads processed.
✅ Signage, fencing, and defined access plan.
For on-site start-up
✅ Order and attendance book available.
✅ Signed stakeout report.
✅ Perimeter signage and PPE verified.
✅ Coordination and workplace opening reports submitted.
✅ Scheduling of municipal/technical inspections.
Deadlines, validity, and extensions
The start order usually sets a deadline for commencement (e.g., start in 6 months) and another for completion (e.g., 24 months).
If justified reasons arise (archaeological findings, force majeure, project modification), an extension may be requested before the deadline.
Prolonged inactivity may result in expiration and the need to reactivate or replace documentation and bonds.
Modifications during execution
If the project undergoes significant changes (structural, volume, use, or environmental conditions), the following may be required:
Project modified with the corresponding administrative approval.
Update of the health and safety plan.
Review of bonds and fees if construction units or impact on public roads change.
Best practices for avoiding problems
Plan the critical documentation route with the city council before requesting the order.
Unify criteria with project management and contractors regarding scope and quality.
Document any changes in the Order Book and maintain traceability.
Inform neighbors and utilities (water, electricity, gas, telecommunications) of temporary disruptions.
Review noise and waste regulations, and comply with municipal working hours.
Preventive auditing: preliminary visits to check security, access, and supply logistics.
Frequently asked questions
1) What is a work commencement order?
It is the administrative authorization that confirms that the project meets requirements and that, once issued, the developer can legally begin work.
2) What is a work commencement order and why is it necessary?
This is the resolution that gives the green light to the work, which is essential to avoid penalties, stoppages, and future legalization problems. It ensures that licenses, technical documentation, guarantees, and safety have been verified.
Can auxiliary measures be initiated before the order?
No. Any physical activity on the site (fencing, huts, stockpiling, demolition, trenching) may be considered the start of construction and be punishable without the order.
Who requests the order?
Normally the developer or their representative (manager, project manager, or contractor with power of attorney). All supporting documentation required by the local council must be attached.
What happens if the contractor changes?
The change must be communicated to management and insurance, designations, and safety plans must be updated before work can continue.
Does the start order expire?
It may expire if it is not initiated within the established time frame or if the work is halted without just cause. In such cases, it will be necessary to reactivate the file or request an extension.
Author
Cabana Team
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