The Court of Instruction number 3 of Ibiza has admitted a complaint for the crime of professional crime of professional intrusion against Julio César Martín Gómeza civil engineer linked to the company SGS Tecnos S.A.who allegedly acted as health and safety coordinator during the execution of a real estate development in Playa d’en Bossawithout having the necessary qualifications required by current regulations.
The complaint was filed by the company Servicio de Prevención de Riesgos Laborales Mare Nostrum S.L., specialized in training and occupational safety, and has been supported by the Public Prosecutor’s Office.which has appeared in the case. Mare Nostrum has been presented as a popular accusation, having to deposit 8,000 euros of bail.
The facts are related to the construction of 148 homes, garages and storage rooms located on Pere Matutes Noguera Avenuein the municipality of Sant Josep, where Julio-César Martín Gómez was allegedly appointed and acted as the health and safety coordinator in the execution phase, according to the documentation provided.according to the documentation provided by the plaintiff.
According to the complaint in the possession of La Voz de Ibiza, this function is legally reserved for professionals with the title of architect or technical architect, as established by the Law of Building Management (LOE) and other state-level regulations.
The legal defense of Mare Nostrum maintains that the specialty in Civil Engineering (ITOP) that the defendant has does not grant legal competences to act as safety coordinator in residential works, a function for which specific training in the field of building is required.The legal defense of Mare Nostrum argues that the defendant’s specialty in Civil Engineering (ITOP) does not grant him the legal competences to act as a safety coordinator in residential works.
In addition, the accused is currently working as health and safety coordinator in another reform of a mega-complex in Cala Gració.
Sufficient basis for investigation
In an order dated November 4, 2025, Judge Carmen Martín Montero, head of Examining Court number 3, decided to admit the complaint on the understanding that the facts described could constitute a crime of professional intrusion according to article 403 of the Penal Code.
For this reason, the judge agreed to to initiate preliminary criminal proceedings to clarify the nature of the facts, the persons involved and the applicable procedure.
Martín Montero has ordered to summon the defendant to testify as a defendant under investigation, in accordance with articles 118 and 486 of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal).
It has also ordered that the accused have access to all documentation, to guarantee his right to participate in future proceedings, including witness evidence, which will take place once the complaint has been formally notified.
In addition, the corresponding professional association has been asked for a certificate of membership and academic qualifications. and academic qualifications of Martín Gómez and from the company SGS Tecnos S.A., the contractual documentation justifying his Martín Gómez and the company SGS Tecnos S.A., the contractual documentation that would justify their intervention in the project.
A security risk
The plaintiff company warns in the brief that the intervention of persons without legal authorization in technical roles related to health and safety in residential works poses a risk to the physical integrity of workers and future users of the properties, as well as constituting a criminal offense, according to the jurisprudence cited in the brief, including a recent judgment of the High Court of Justice of the Valencian Community.
The company
When asked by this media, SGS Tecnos S.A. has stated that ” As of today, we are not aware of any complaint filed against the company. Therefore, we are unable to comment on the matter.
Regarding the role of the engineer Martín Gómez, they excused themselves by explaining that the “information you are requesting directly affects a natural person. In compliance with the Organic Law on Data Protection (LOPD), I cannot provide you with this information, since it is personal data and its disclosure would be a violation of this regulation”.
Supreme Court precedent
The Supreme Court has established as a doctrine that the Labor Inspectorate can and must require the promoter of a construction site to designate a professional with the legally required qualifications as health and safety coordinator, and may impose penalties if this is not done.
This can be seen in judgment number 949/2025 of July 14.
The Official Association of Quantity Surveyors and Technical Architects of Soria filed a contentious-administrative appeal to demand that the promoter Promovires S.L. designate a technical architect or architect, and not an industrial technical engineer, as health and safety coordinator for a 44-home construction site.
Initially, the Soria Labor Inspectorate had rejected this request, refusing to issue the corresponding requirement.
In the judicial process, the Administrative Court No. 1 of Soria upheld the appeal, obliging the administration to require the developer to appoint an architect or technical architect and to open a disciplinary proceeding if it did not do so.
The State Administration appealed, but the Supreme Court of Castilla y León dismissed the appeal. This resulted in a cassation appeal, which was resolved by the Supreme Court ruling.
In this way, it was determined that the Labor and Social Security Inspectorate has the legal authority to require the promoter to designate a coordinator with the legally required qualification.
The Chamber clarifies that the type of qualification does directly affect occupational health and safety, not being a mere formal requirement, and is therefore part of the scope of control of the Inspectorate.
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