When is the energy performance certificate obligatory in Spain and what does it look like?

You will not believe it but it, but it is now 4 years since on the 1st of June of 2013 the Energy Performance Certificate (EPC) became obligatory in Spain if you needed to rent or purchase a property.


It used to be said that kitchens or bathrooms sell houses but with fuel costs spiralling ever higher, more and more house hunters are comparing different houses’ Energy Performance Certificates (EPCs) before making their final decision to buy.

EPC’s give buyers an indication of how much a property costs to light and heat, and nowadays every house put up for sale must, by law, be certified by a qualified architect or assistant architect.

The top A rating is very difficult to achieve and even new or recently converted properties are usually placed in Bands B or C whilst older properties are most often rated in band D or even below. However it is possible for older properties to receive a high EPC rating if some building works are carried out. There should be a report attached to the certificate specifying simple reforms and the rating that could be achieved if carried out.


The importance of an EPC

Are you thinking about selling your home? Is your tenant who had been renting your house for years moving on to better pastures and wants to find a new one?


If you are in any of these cases, you will want to verify that you have a current EPC because, without it, you will not be able to sell or rent, unless you want to risk penalties of up to 6,000 Euros in the most serious cases.


When do I need an energy certificate?

The suppositions listed below are the most common in which as owner you will need to prove the possession of an EPC, although the regulations more precisely delimit the cases in which the certificate of energy efficiency is mandatory.

Royal Decree 235/2013 for the certification of energy performance of buildings establishes that this document is essential whenever buildings or parts thereof are sold or rented, such as apartments, flats or commercial premises.


You will not need a certificate if the property you want to rent or sell:

• When the building has a net area of less than 50 m2 and is in an isolated zone.

• If it is an industrial building that will be destined to workshops or other similar activities.

• When a building is purchased to be demolished or to undergo a major reform.

• When the property will be rented for a maximum of four months a year.

When do we have to prove the energy performance of a building?

If your home is among those that necessarily have to have an EPC, when you go to a real estate to sell or rent your property, i.e. when you advertise the let or sale, must include the label of EPC by law,.

This certificate is awarded to the owner of the property once the certificate is registered. This will have to be included also in the contract of sale and must be handed over to the future buyer of the house.


Similarly if the contract is for rent, the tenant will have to have a copy of the document.

Consequences of not having energy certification

Not having a certificate, or having an expired certificate of energy efficiency, which happens after ten years of its issuance, or falsifying its data, can have the following consequences.


Specifically mentioned in the, Act 8/2013 on urban rehabilitation, regeneration and renovation, includes penalties of 300 to 6,000 Euros for those who breach the law so, before publicising the sale or rental of your property without this document in force, contact a qualified certifying architect or assistant architect who should inspect the your home and issue the certificate that, in order to be valid, will have to register with the competent body and payment made to have te certificate registered. See prices below.


What documents should you receive as part of your EPC

Well you should receive the actual report in PDF format. The report shows all the results of the calculations carried out,see copy enclosed. (Doc.1)

The suggested improvements report. In this report it is shown what improvement could be carried out (only as a suggestion) and it should illustrate the improvement rating if those works were carried out. (Doc.2)

The actual label with the qualification letter achieved, registration N º and the date in which it was registered. (Doc.3)

The registered document where it provides the registration Nº, the name of the owner with its NIE or NIF, type of dwelling its address and the rating achieved. (Doc.4)


You should also receive the receipt for the tax paid to obtain the certificate. In the Valencian region is 10€, in Murcia 23€. (Doc.5)

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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.