Does every solar energy company need to be registered with Crea?

Report published in the 8th edition of the Magazine Canal Solar

In recent years, the number of solar energy companies has grown throughout Brazil. Due to this increase, the Crea (Regional Council of Engineering and Agronomy) in each Brazilian state has begun to monitor solar energy companies and the market more closely.

In the state of Paraná, for example, six out of ten companies inspected by Crea-PR are found to be in breach of regulations. Among the main irregularities found are the lack of company registration with the agency and the absence of a qualified professional.

This happens because many entrepreneurs are unaware of Federal Law No. 5194/66 and Resolution No. 1.121/2019 of Confea (Federal Council of Engineering and Agronomy), which determines that “registration is mandatory for legal entities that have a basic activity or that effectively perform services for third parties involving the exercise of professions monitored by the Confea/Crea system”.

In other words, companies that carry out design and installation services solar energy systems must be registered with the Crea of the state where their company is headquartered, since their activities involve one of the professionals supervised by Confea/Crea: engineers.

"All companies operating in engineering (including electrical engineering) must register with the Crea (National Agency for the Protection of Civil and Industrial Property) in their state. The same applies to companies that outsource services, as they are offering their clients activities that require technical knowledge. Therefore, they need to be registered because, even though they don't directly perform the technical activities, they need to manage and supervise the activities they are outsourcing," explains Crea-PR.

This requirement is reinforced by Crea-SC. "Both the company designing and the company executing the installations must be registered with Crea. For such activities, an ART (Technical Responsibility Note) is required, which legally defines the technically responsible parties for the service or project, as determined by Law 6.496/77," emphasizes the Santa Catarina state council.

The agency also emphasizes that, in addition to registering the company with Crea, the engineering professional responsible for the service provided must also be registered with the council. "All firms, associations, companies, cooperatives, and businesses in general that will perform works or services related to solar energy must be registered with the regional councils, as well as the professionals on their technical staff. This registration will only be granted if its name truly reflects its purpose and the qualifications of its members."

And if a company does not have an engineer, how does it register the company with the Council?

Crea-SP emphasizes that any engineering company must register with the Crea in its region, in accordance with articles 8 and 59 of Federal Law 5194/66. And for each of these projects, there must be a technical manager registered with the council who has the responsibilities to be responsible for the functions.

In order for a company to register, it is necessary to submit an application completed and signed by the legal representative, in addition to other documents that can be found on the website of the Council of the state where the company operates.

Crea-SP further clarifies that to be linked to a company, a professional must be a partner, director, a CLT employee, or self-employed with a service provision contract. Furthermore, a service provision contract can only be concluded with an individual, according to Confea Resolution 1121. Therefore, contracts between legal entities for technical liability purposes are not permitted.

The council further explains that, according to the Brazilian Civil Code, a service provision contract is valid for two years and can be extended for an additional two years. After these periods have been completed, a new contract must be drawn up.

Questioned by Canal Solar If the same engineer can sign a contract for technical responsibility with as many companies as he or she wants, Crea-SP reported that "according to Article 17 of Resolution 1121, the professional may be technically responsible for more than one legal entity. However, the professional must be effectively guiding all the companies for which he or she has assumed technical responsibility."

In these cases, Crea-SP is also responsible for monitoring the individual's professional responsibilities. If the individual is not in compliance with the role in question, a case must be opened and forwarded to the Council's Specialized Chamber for review. It is important to emphasize that the oversight of these companies, which must have engineers as their responsible professionals, is Crea's responsibility.

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