Energy Certificate Spain - Requirement Legislation
The Spanish government has introduced legislation which will oblige homeowners in Spain to obtain certificates that will advise potential buyers or tenants of the property's 'energy efficiency'.
This new legislative requirement was introduced by Real Decreto 235/2013 on the 5th of April 2013, and became operative on the 1st of June 2013.
What does the survey consist of?
Under the new rules homes will be given an 'Energy Efficiency' rating, from A-G, similar to that given to domestic appliances, whereby A is the most efficient and G is the least. In this way a purchaser or tenant will be able to compare the ratings of various properties before choosing which one they prefer to purchase or rent. This would act as an incentive for homeowners to improve their rating, thereby making properties in Spain more energy efficient i.e greener.
The survey will test the production of CO2 per m2 that is required, under conditions of normal usage, to provide the home with light, hot and sanitary water, and an ambient temperature (heating in the winter months and air conditioning the rest of the year). Those homes producing less than 6.8Kg CO2/m2 will be given an 'A' rating.
Those affected and exemptions
Only those properties that are in the process of being sold or offered for rent require the certificate. However, the certificate must be acquired before the sales or rental of the property is concluded. Exceptions include those properties rented for a period of less than four months, monuments and religious buildings, temporary constructions to be removed in under two years and non-residential areas of agricultural and industrial buildings.
Failure to comply with the new laws is punishable with fines ranging from €300 - €6000
How do you obtain a certificate?
The following steps are necessary to obtain an energy efficiency certificate:
1) Obtain a quotation from a qualified quantity surveyor or technical architect.
Each autonomous community is obliged to maintain a record of registered professionals available to carry-out a survey - more information can be obtained on available professionals and the specific requirements including taxes payable at the autonomous community level.
The price for carrying-out a survey is not fixed and will vary from surveyor to surveyor, though you can expect to pay more for a survey of a large villa than a small apartment. It is worthwhile obtaining a number of quotations and considering closely what is included in the survey, since some will offer to carry-out the survey for free while charging for carrying-out the work recommended to increase the energy efficiency of the property.
2) Once the survey has been completed and the surveyor has generated the relevant report, the autonomous community must be notified to obtain a valid copy of the certificate. This may the payment of a tax which is determined at a regional level. By clicking on the link in 1) you can verify the amount of the tax in your region.
3) Once the relevant authority in the autonomous community has been notified and the tax, if any, has been paid, you will receive a copy of the certificate, within the specified period. The certificate is valid for a period of ten years.
Each autonomous community will create and maintain a registry that will show all of the properties that have been certified, with their corresponding rating and the registration number of the relevant certificate.
The home-seller or landlord will also be required to include the certification details in any publicity aimed at selling or renting the property - precise details of how to do so are unfortunately absent from the legislation - and be prepared to show the certificate itself at the time of the sale or rental of the property.