Community
Law Corner:
Article 24
Compulsory Energy Performance Certificates
by José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition May 2013
Compulsory Energy Performance Certificates
From 1st June 2013 Spanish law requires all properties throughout Spain that are for sale or rent to have
an Energy Performance Certificate. The compulsory certificate (Certificación Energética de los Edificios) gives potential buyers or renters some idea, in a recognisable legal format, the energy efficiency of a property. The certificate has seven gradings from A to G with A being given to properties with the most efficient consumption of energy and G the lowest. A similar system has already been in place for some time for domestic appliances such a washing machines, fridges and freezers, also coloured from green to red this is essentially the same for houses and apartments.
It is well documented that on very cold and very hot days the consumption of electricity in Spain increases incredibly and that the increase is attributed to the use of appliances for heating or cooling. In an attempt to bring Spain in line with general practice in other European countries, the Spanish Royal Decree 235/2013 (Real Decreto para la Certificación Energética de los Edificios) was passed in April 2013
The decree is in compliance with two European Parliament and Council Directives for Energy Performance of Buildings, 2002/91EC and 2010/31/EU which in turn conform with the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) which seeks to reduce the unnecessary consumption of energy. Quite a mouth full, but in an attempt to reduce global warming it is a very important practical measure that will soon be Spanish law.
Property owners who attempt to rent or sell or even advertise their property without this certificate can and probably will be fined between 300 and 6000 Euros depending on individual cases and circumstances. It is important to note that it is having the certificate that is important not the A to G rating that it gives.
The Energy Performance Certificate EPC, is - unless there are significant changes to a property - valid for 10 years and can be obtained through a registered architect or engineer. As well as its A to G rating it contains information on each properties energy use and carbon emissions. At the moment there is no law or obligation for owners to make energy saving improvements but this could come. In fact sooner or later all buildings may and probably will have to have the certificate and those with a higher or lower energy use rating could see this reflected in their taxes and rates.
The new certificate pertains to all properties both residential and commercial but there are some properties that are exempt, those include properties under a usable size of 50 square meters and buildings only used for four months or less in any one year but this second situation requires a formal signed declaration to that effect.
The law and responsibility to have the new certificate rests with individual property owners they are the ones who must comply, not the committees for the communities of owners or administrators although good administrators should be able to recommend someone suitable and qualified. So renters, sellers and real estate agents beware, not having a certificate after 1st June could bring you a big fine.
As with this and all matters regarding the law we the solicitors for Intercala Administration strongly recommend you seek competent legal advice in all situations.
As always we the lawyers for Intercala Community Administration strongly recommend you seek out competent legal advice in all matters regarding the law in Spain.
Compulsory Energy Performance Certificates
by José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition May 2013
Compulsory Energy Performance Certificates
From 1st June 2013 Spanish law requires all properties throughout Spain that are for sale or rent to have
an Energy Performance Certificate. The compulsory certificate (Certificación Energética de los Edificios) gives potential buyers or renters some idea, in a recognisable legal format, the energy efficiency of a property. The certificate has seven gradings from A to G with A being given to properties with the most efficient consumption of energy and G the lowest. A similar system has already been in place for some time for domestic appliances such a washing machines, fridges and freezers, also coloured from green to red this is essentially the same for houses and apartments.
It is well documented that on very cold and very hot days the consumption of electricity in Spain increases incredibly and that the increase is attributed to the use of appliances for heating or cooling. In an attempt to bring Spain in line with general practice in other European countries, the Spanish Royal Decree 235/2013 (Real Decreto para la Certificación Energética de los Edificios) was passed in April 2013
The decree is in compliance with two European Parliament and Council Directives for Energy Performance of Buildings, 2002/91EC and 2010/31/EU which in turn conform with the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) which seeks to reduce the unnecessary consumption of energy. Quite a mouth full, but in an attempt to reduce global warming it is a very important practical measure that will soon be Spanish law.
Property owners who attempt to rent or sell or even advertise their property without this certificate can and probably will be fined between 300 and 6000 Euros depending on individual cases and circumstances. It is important to note that it is having the certificate that is important not the A to G rating that it gives.
The Energy Performance Certificate EPC, is - unless there are significant changes to a property - valid for 10 years and can be obtained through a registered architect or engineer. As well as its A to G rating it contains information on each properties energy use and carbon emissions. At the moment there is no law or obligation for owners to make energy saving improvements but this could come. In fact sooner or later all buildings may and probably will have to have the certificate and those with a higher or lower energy use rating could see this reflected in their taxes and rates.
The new certificate pertains to all properties both residential and commercial but there are some properties that are exempt, those include properties under a usable size of 50 square meters and buildings only used for four months or less in any one year but this second situation requires a formal signed declaration to that effect.
The law and responsibility to have the new certificate rests with individual property owners they are the ones who must comply, not the committees for the communities of owners or administrators although good administrators should be able to recommend someone suitable and qualified. So renters, sellers and real estate agents beware, not having a certificate after 1st June could bring you a big fine.
As with this and all matters regarding the law we the solicitors for Intercala Administration strongly recommend you seek competent legal advice in all situations.
As always we the lawyers for Intercala Community Administration strongly recommend you seek out competent legal advice in all matters regarding the law in Spain.