Energy Performance Certificate Spain
As a purchaser it is important for you to be aware that it is a legal requirement to have displayed the individual Energy Performance Certificate to any property advertised on any agent’s websites, showroom marketing, or any private owners advertising to comply with the national law/decree. It is not the law to get one once a house is under offer!
If any real estate agent does not comply with this law then this would indicate they are not pro-active and are in effect, by not complying, putting their owners at risk of hefty fines or even the possibility of the non completion of a sale as full Energy Performance Certificates are needed by the notary on the day of purchase of any property. It is fair to say if they cannot be pro-active enough to make sure they have one at your disposal, why would you think they have your interests at heart should you wish to purchase through them?
The Law states:
Articulo 12. Section 2. La etiqueta se incluira en toda oferta, promocion y publicidad dirigida a la venta o arrendamiento del edificio. Debera figurar siempre en la etiqueta, de forma clara e inequivoca, si se refiere al certificado de eficiencia energetica del proyecto o al del edificio terminado.
Translated: Article 12. Section 2. The label/EPC will be included in any, Offer, Promotion and Advertising to the Sale or Lease of the building/property. Should always appear on the label, in a clear and unambiguous, if it refers to the certificate of energy efficiency project or to the finished building.
If you would like any further information on the Decree/Law then please feel free to contact us.
The price from Spanish Property Choice's preferred architects is from 100€ IVA = 121€
On April the 13th the Boletín Oficial del Estado adopted the Royal Decree 235/2013 by which it approved the "basic procedure for certification of energy efficiency of buildings."
What does this mean? This means that since June 1st 2013, any private house which is rented for a period of four months per year, or any property on the market for sale, must have this certificate. There are no exemptions! This will be applied to all the buildings and houses, irrespective of their antiquity and applies to new properties also.
What is an energy performance certificate? The Energy Efficiency Certificate is a technical document that establishes the efficiency of a building as far as energy consumption is concerned. The certificate will qualify the houses in the same way household appliances are registered, by establishing a labeled A, B, C, D, E and F.
Who should apply for the certificate? The owner or developer of the property shall be responsible to instruct a competent certifier. Once obtained, he/she will also be responsible to keep these documents or supply them to their estate agent at point of promotion for sale or the rental of their property.
When will the certificate be needed? The certificate will be required in the execution of contracts for promotion of sales or rentals.
Who is responsible for issuing the certificate? A competent registered architect with an engineers qualification between upper or middle grade.
How do owners get the certificate? Spanish Property Choice have been working hard on behalf of our vendors to secure a preferred price for our clients. We have a qualified local registered architect who will obtain a certificate on your behalf. (Please see below for revised costs)
I already have a certificate, what do I do now? Once you get the certificate, it must be submitted by the owner or developer to the Autonomic Administration, or should you wish our appointed architect can submit this on your behalf (please see nominal cost below).
All of the relevant documentation needs to be submitted to the Delegación Provincial de la Consejería de Innovación, Ciencia y Empresa – Agencia Andaluza de la Energía, in Almería.
The registration can be processed directly by the owner or developer or delegated to a third party (architect) with authorization signed by the applicant.
What if I do not apply for the certificate? If you do not show or make available the label and the certificate, it will be considered an infraction in defense of consumers and users (Art. 49.1 Texto Refundido de la Ley de Defensa de los Consumidores y Usuarios)) establishing penalties from €3,005.06 upwards.
Also where a sales or rental contract has been issued, this contract may be declared invalid for failing to supply the information to the buyer or tenant, so for all those who think it is not necessary and will not affect the sale of your house, then please bear in mind the contract could be deemed null and void should a potential purchaser not wish to continue the sale.
What is involved in obtaining the certificate? Once Spanish Property Choice have been authorized to instruct an architect on your behalf, Spanish Property Choice will make an appointment on your behalf, and at your convenience, an architect will visit the house and collect the data required. This will involve making a plan of the layout of the house and to verify the constructive elements and composition, walls, carpentry and heating and cooling systems if it is needed.
When this information is obtained, it will be processed using computer programs prepared for this purpose and then you will be supplied with the Certificate of Energy Efficiency and Labeling.
Finally, the architect will register the certificate in the Department of Innovation, Science and Enterprise - Andalusian Energy Agency.
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