Energy Performance Certificate
The Energy Performance Certificate in Spain
If you wish to sell your house in Ibiza or rent it out long-term, it has been obligatory since the 1st June to have obtained an Energy Performance Certificate, (in accordance with Royal Decree 235/2013 approved by the Council of Ministers on 5th April:
Until now this was only applicable to newly constructed buildings, but since the new regulation came into force it now applies immediately to real estate already constructed. In this way the Spanish Administration, albeit with considerable delay, is adapting European directives into national law.
This Energy Performance Certificate is a validation of the energy performance assessment of the property and is valid for 10 years. However, it will only be required when the property is sold or let. Before the certificate is issued the property will be subjected to a detailed analysis with regards to efficient use of energy, i.e. insulation, heating, lighting and ventilation will be checked. On completion an efficiency level of from A to G will be allocated, similar to that on the labels on domestic appliances. Furthermore, the Energy Performance Certificate for existing properties also includes recommendations on how the energy performance of the building can be improved.
The Energy Performance Certificate is an obligatory requirement for all properties offered for sale or to let (private houses or apartments, commercial properties and certain building projects of Public Authorities.
- Listed or historic properties
- Places of worship or buildings for religious purposes
- Buildings for a maximum of 2 years transitional use
- Parts of commercial buildings not intended as living space, military buildings or buildings for agricultural purposes.
- Buildings or separate parts thereof with a usable area of less than 50m2
- Buildings which are used for less than 4 months per year
The Energy Performance Certificate sticker must appear on all displays, offers, boards and advertisements which promote the sale or letting of the respective property. Example for the issue of the Energy Performance Certificate in Spain:
Look at this example:
The aim of the application of the EU-Directive 2010/31/EU of the European Parliament and Counsel of 19th May 2010 on the overall energy performance of buildings is to save energy by achieving optimum heat insulation. The Energy Performance Certificate should determine the condition of existing properties at a national level and thereby serve as a basis for future Spanish energy policies. Finally, all buildings constructed from 31.12.2020 should show practically net zero energy consumption, pursuant to the Supplementary Regulation to the Royal Decree 235/2013 of 5th April.
Furthermore consumer protection should be improved and buyers and tenants informed about the energy performance (energy consumption and CO2 emissions) of their future homes or residences in order for them to be able to compare respective offers.
The owner of the property is obliged to commission an Energy Performance Certificate after making an entry in the appropriate register and to keep the certificate in a secure place. In accordance with Spanish legislation “the owner of the building or part of the building, whether it be a new construction or an existing building” is liable or obliged to display it. For new building projects it is the owner, usually the developer or a building company, whereas for an existing building it is either a company, for example a bank or similar, or a private owner who offers the property for sale or lo let.
How and where do you obtain the Energy Performance Certificate?
A large number of companies acquainted with the regulations offer the issue of the certificate online. But there are also specialist qualified freelance technicians (architects, engineers, etc.) who issue the certificate.
It is important to insist on the company or the technician presenting the necessary formal qualifications. In particular they should have access to the appropriate software (CE3 and CE3X), which is recognised by the Spanish Authorities and Ministries (in this case the Ministerio de Industria, Energia y Turismo y de Fomento = Ministry for Industry, Energy & Tourism, and Development) for the issue of the Energy Performance Certificate.
Make a full and comprehensive search as there are a large number of Spanish internet portals offering these services and make sure you get an overall view of prices. Here follow some info portals:
How much does the Energy Performance Certificate cost in Spain?
The price depends on the type of property, the location and the issuer. The average price is between 100 and 250 € + VAT for a house or an apartment between 80 and 400m². In addition there are the fees for the registration of the certificate with the authorities which you should ascertain. In Ibiza the latest information is that registration costs € 4.80:
Where can you register the Energy Performance Certificate?
It is not sufficient just to have the Energy Performance Certificate, it must also subsequently be entered by the owners in the appropriate department of the Ministry for Industry in the scheduled registry. [The application for the certificate should be made to “the competent authority for the issue of the Energy Performance Certificate for Buildings within the Autonomous Region for registration of the certificate at a national level”]. In Ibiza the INDUSTRIA department is in the Consell Insular, Avda España 48, Ibiza Town This registry is already operative, that is, it accepts registration of Energy Performance Certificates which have already been issued. When registering, the owner receives the Energy Performance Certificate sticker, which from this moment on must appear on all displays and advertisements whenever the property is offered for sale or for letting.
For how long is the Energy Performance Certificate valid?
The Energy Performance Certificate is valid for a maximum of 10 years.
Extensions can be applied for from the respective Regional Authority. When actual energy saving measures have been carried out on the building, the Energy Performance Certificate can be updated before it expires.
What happens when you neither have nor obtain an Energy Performance Certificate?
Infringements against these regulations are considered to be a breach of consumer protection under Spanish law (“Ley General de Defensa de los Consumidores y Usuarios” or “General Law for the Defence of Consumers and Users”) and will be sanctioned as such. The respective Autonomous Regions are responsible for compliance with the regulations and carry out controls accordingly.
Fines are staggered, according to whether the offense is considered to be minor, severe or very severe and range from 300 € to 6,000 €.
The following are classified as minor offenses: Not to display or to inadequately display the Energy Performance Certificate on for sale or to let advertisements; certificates without the required minimum information, where an extension has not been applied for or if an Energy Performance Certificate cannot be presented when a building is inspected, or similar.
The following are classified as severe offenses:
- the basic principles for the issue of a certificate have not been observed
- the Energy Performance Certificate has not been officially registered in the Autonomous Region
- a sticker has been attached which does not correspond to the Energy Performance Certificate
- a property is sold or let without the seller/owner presenting a valid Energy Performance Certificate to the buyer/tenant.
Finally, the following are classified as very severe offenses: the issue or registration of forged certificates, the issue of counterfeit certificates by the certifying technician or the publication of an unregistered Energy Performance Certificate.
Can you be reported for not having an Energy Performance Certificate or if it has not been registered?
Yes, since 1st June any consumer can report any owner who offers him a property for sale or to let without an Energy Performance Certificate.
However, until 13th July it may well be that the Energy Performance Certificate you have has not been registered if the corresponding Autonomous Community has not yet set up the register. In this case there can be no displays.
Is the Energy Performance Certificate on a for sale or to let advertisement obligatory?
Yes, it is obligatory. The Energy Performance Certificate sticker “must appear on any offer, advertisement or display promoting the sale or letting of a building or a part of a building.”
The obligation to display an Energy Performance Certificate is hereby clarified, whether it be in the display window of an agency or on the agency internet portal.
As the administrative procedures for the regulation of fines have not yet been completed and in many Regions the official register or the requisite enforcement officers are not yet available, it is quite possible that no sanctions will be imposed until 1st July.
However, in Ibiza the specified register is already operational. You are advised to make haste!
When this transition period expires, the obtention of the Energy Performance Certificate will become a matter of urgency, not only to advertise a property but also for signing the deeds of sale before the notary or for a rental contract, since the new owner or the tenant can report the seller or owner for not having an Energy Performance Certificate.
Are renovations required to obtain an Energy Performance Certificate?
No, renovations are not required to obtain an Energy Performance Certificate.
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