Do I need an Energy Certificate to sell or let my property | Final part

Last week we informed about the new imposition on owners and landlords to obtain an Energy Certificate which any building must display this sort of label indicating its energy expenditure similar to electric appliances.

This law requires from year 2007 that new homes carry a label, similar to that of appliances where its energy consumption is reported.


Very soon, this certificate shall also apply to second hand properties. The owners must obtain an Energy Certificate of their properties to be offered to buyers and tenants.


An eco-energy label for existing homes.

Those professionals who are allow to issue these certificate will analyze different parameters on the property checking the thermal envelope of the building (facades, roof, windows, etc.) and their installations. With this information they will produce the energy label, which classifies the housing between the homes more efficient and reduced emissions of carbon dioxide equivalent (CO2eq), from the letter "G", the least efficient, and with higher emissions to the "A" the most efficient.


Before a purchase is made, the seller should provide the buyer with an energy certificate. In case of a lease, the energy label will have to be included in all real estate ads, and the landlord shall offer a copy to the tenant. The breach of any of these obligations will entail an administrative sanction, and commit an offence in terms of protection to the consumer (General defence of consumers and users, RDL 12007, law of 16 November).


I have had access to the draft law for existing building and its preambles it establishes the following:

The Royal Decree establishes the obligation to make available to buyers or users of buildings a certificate of energy efficiency that must include objective information on the energy characteristics of the buildings.


This way anyone can assess and compare their energy efficiency, with the aim of encourage the promotion of energy-efficient buildings and set in motion investments on energy-saving techniques.


And for the future buildings nearly zero energy consumption.

In this pending new law it will also propose that all new buildings that are constructed as of December 31st of 2020 will be buildings with almost zero energy consumption. The minimum requirements that should satisfy those buildings will be those which at the time was determined in the technical building code of 2007.


With regards to public buildings, all new buildings that are constructed as of December 31st of 2018 that are occupied and owned by public authorities will be buildings of nearly zero energy consumption.


Which buildings will be obligatory to have an Energy Certificate?

a) All new buildings.

b) Changes, reforms or renovations of existing buildings, with an area exceeding 1,000 square metres where more than 25 per cent of the total of their façades are rehab.

c) Buildings or units of existing buildings (Flats, apartments etc) that are sold or rented to a new tenant.

d) Buildings or units of buildings in which a public authority could make use a total area of 250 square metres and that they may be frequented by the public.

Which buildings will be excluded to have an Energy Certificate?

a) Those buildings which by its nature or use should remain open.

b) Buildings and monuments officially protected by law or due to its particular environmental, architectural or historical value, when such requirements could alter in an unacceptable way, their character or appearance.

c) Buildings or units of buildings used as places of worship and for religious activities;

d) Temporary constructions with a planned period of use equals or less than two years;

e) Industrial and agricultural buildings, partly aimed at workshops, processes industrial and agricultural non-residential.

f) Independent buildings or buildings with a total area of less than 50 square metres.

g) Buildings of technical simplicity or low constructive entity that do not have residential or public nature, either occasionally or permanent and are developed on one floor and do not affect to the safety of persons.

h) Any buildings purchased to be demolished.

i) Buildings or units of residential buildings used or intended to be used well for less than four months a year, or during a limited time per year and with expected power consumption less than 25% of what would be its use throughout the year.


Write a comment

Comments: 0

Use the "Find" box below to obtain access to hundreds  of useful articles /                                                                                  Use la barra de búsqueda abajo para encontrar ciento de artículos muy útiles.

As it is impossible to know in detail every case asked in this blog, all our replies are given in good faith but we strongly suggest that you obtain private advice from a solicitor /and /or  architect who will be able to study in depth your own particular case.

Al ser imposible conocer en profundidad cada caso, todos los consejos y contestaciones a la preguntas realizadas en este blog, los consejos dados son propiciado en términos generales por lo que se deberá contrastar con el asesoramiento privado de un abogado  y/o un arquitecto para estudiar en profundidad su caso.