Get a summary of the article:
The energy certificate is a document requested by the Ministry of Industry, Energy and Tourism, to certify the energy efficiency of a house. It is a document that is mandatory in Spain, except in specific situations. Thanks to it we can know the energy expenditure of a property. It shows both the energy consumption and the CO₂ emissions of the property, and it is mandatory both for a sale and purchase and for renting.
In this way, the properties are rated according to the energy expenditure incurred per month and per surface area of the property. In the result of the certification, a letter ranging from A as the minimum energy expenditure, to G, which would be the worst result, is used. The aim of this mandatory control is to promote sustainability in housing to protect the environment. Although not all buildings need this certification, there are exceptions that we will see below.
For those buildings that do not have the certificate or are obtained illegally, there are infringements classified according to their seriousness.
In the energy certificate or energy certification we will also find information on the consumption of the building, the energy classification, the description of the energy characteristics and the recommendations for improvements. In the certificate we will be able to find the energetic characteristics of the building.
Why do I need the energy certificate?
The energy efficiency certificate is a mandatory document that every home must have. It is a measure implemented by the European Union, affecting the EEC regulations, so that owners or tenants know their energy cost month by month.
It is necessary to determine the energy expenditure of a home, it takes into account different elements that consume energy, such as cooling systems, hot water, heating, ventilation, lighting, the type of home windows, etc.
Any home, whether for purchase, sale, a local converted into housing or even in some Autonomous Communities for lease or tourist rental, is required to have the energy efficiency regulations in order.
By having the energy certificate for homes, you avoid possible penalties in the future. As it is a mandatory document, non-compliance implies an infraction that can be considered minor, serious or very serious, depending on the situation.
You will receive a series of recommendations to improve the efficiency of the building if necessary. This will help you to contribute, improve the environment and save on your bill.
Since when is the energy performance certificate mandatory?
Before the new regulations to make the energy performance certificate mandatory for all homes, only some buildings had this obligation to submit the certificate. It has always been the responsibility of the developer or owner of the building, whether it is a new or existing building, to proceed with the certification and renew it so that it is in force.
Also since 2013, the certification of energy efficiency is necessary and mandatory for the purchase or sale of buildings or part thereof, such as apartments, apartments, commercial premises, etc.
Due to the boom in rental demand in Spain, a Royal Decree 390/2021 was created in 2021, as of June 2, 2021, to make it mandatory to present the energy certificate when the property is intended for vacation rental.
Other documents related to the energy certificate are also required for housing, such as the electrical bulletin to know the installed power or the certificate of habitability that indicates that a property is suitable to be used for residential purposes.
To give more precise data on the energy label, the statement was made through the Official State Gazette (BOE): “The approval of Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018, amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency, makes it necessary to transpose into our legal system the amendments it incorporates, especially regarding the introduction of new definitions and revision of the existing ones, the modification of the databases for the registration of energy performance certificates, which will allow the collection of data on measured or calculated energy consumption of buildings, as well as the linking of financial incentives for the improvement of energy efficiency to the expected or achieved energy savings. ”
The objective of this practice is to collect energy efficiency and consumption data of existing buildings to study whether they can be improved. In this way, there may be incentives for the improvement of buildings and transform the result from a red certificate to a green one.
Types of penalties for not having the energy certificate
What happens to those homeowners who still do not have the energy certificate or do not have a valid one? There are different types of judging the situation, segmented by the type of infringements.
According to the Royal Legislative Decree 7/2015, of October 30, of the Law of Land and Urban Rehabilitation, the different types that exist of fines for not having energy certificate in buildings can be categorized as:
Minor infractions:
- The label does not conform to the established format.
- Advertising or publicizing the intent to sell/rent housing without displaying the energy rating obtained, such as not displaying the label when required.
- Non-validity and non-renewal of certificates.
- Not incorporating the energy certificate in the building’s book.
- Energy efficiency certificate without the minimum mandatory content.
- Any other action that affects the certification standards and is not classified as serious or very serious.
Serious infractions:
- Obtaining economic benefit from a property without delivering the certificate.
- That within the project of execution of the building has not incorporated the certificate.
- Not to fulfill the procedure for the obtaining of the energetic certificate according to the royal decree.
- Labels not corresponding to the energy certificate, or in its equality that is not in force.
- Not to have registered or not to present the energetic certificate where it proceeds in the Autonomous Community.
- To have minor penalties from the previous year.
Very serious infractions:
- Falsification of documentation.
- Not being qualified as a certifying technician and
- Not having the competences as a certifying technician.
- Supervision/control of energy certification without the consent or authorization of the competent body.
- Sale or rental of buildings with expired or not duly registered certificates.
- Likewise, it will be considered a very serious infraction, those serious infractions that during the three years prior to its imposition have happened again.
Energy certificate fraud: Major violation
If you do not have the mandatory energy certificate, thinking about falsifying the energy accreditation is not a good idea. It is considered a very serious infringement of the regulations and there are fines of 1,000 to 6,000 euros.
Apart from that, as it is a mandatory requirement for selling, buying or renting an apartment, it is considered a very serious violation to include an advertisement without it being supported by a valid certificate. Same for labels that do not match or want to replace the certificate.
This also applies to persons who fraudulently pass themselves off as independent certifying technicians or agents who can provide the building certificate. They are exposed to fines of up to 6,000 euros.
Penalty proceedings will be applied to individuals, companies or communities of property that do not comply with these energy certification responsibilities. If someone, after analyzing the amounts of the fines, thinks that the benefits of defying the legislation outweigh what a fine represents, the Law has also considered this and in such situations, a penalty will be applied based on the benefits that have been achieved.
To prevent all of this, if you do not already have an energy efficiency certificate, contact a certifying technician who will inspect your property to complete all required procedures and obtain a valid energy efficiency certification properly documented.
Buildings exempt from energy certification
The energy certificate is mandatory, although there are exceptions for buildings that do not need it, among them, there are seven types of housing:
- Buildings intended for major renovation or demolition.
- Buildings for industrial, agricultural or defense purposes.
- Buildings or real estate with architectural or historical value.
- Buildings for religious purposes or activities of less than 500 m 2
- If buildings are only used for 4 months of the year or less.
- Buildings with less than 50 m2 of total useful area.
Don’t forget your energy certificate
The energy certificate is mandatory and very necessary, as we have seen during the article, if your home or any that is in your name, is among the mandatory ones that must necessarily have an energy certificate, now you know the importance of owning it. For any type of move, such as a sale, a lease, ad housing… you will have to prove ownership of the property and the energy efficiency label.
In the case of a sale, the certificate label must be included in both parties’ contract and must be delivered to the buyer of the home. In the case of a lease of your property, the tenant must have a valid copy of the document, in case it is necessary to prove the energy efficiency data.
If you need more information about the energy certificate, contact us, and we will help you in the process.
