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Consolidated text of the land law before the energy building
Before the publication of the new Consolidated text of the land law (Royal Decree 7/2015) have surprised us again in the framework of the energy efficiency and its legislation in Spain. Leaving aside the analysis of the aspects related to real estate valuations (Appraisals) or other issues of a law that theoretically focused on legislating the technical aspects of land and its variants.
In the new document concepts appear that, although not new and being legislated by another directive, affect professionals who work in the energy efficiency sector.
As a preliminary, the first surprise came from the Ministry of Development with the press release announcing the soil law Royal Legislative Decree 7/2015, which approves the Consolidated text of the Land and Urban Rehabilitation Law, where it was commented …«This Law constitutes another step in the change of model in the housing policy promoted by the Ministry of Development in order to balance new construction with rehabilitation, promote energy efficiency in the Spanish building stock, as well as eliminating obstacles and making the system more flexible. "
A great phrase that of "Boost energy efficiency" that after reading and rereading the document it can be seen that they lose all their greatness in a society, the Spanish one, which needs legislative coherence in this sector. But here is not everything…
At the end of the informative note we read … "The new standard is part of the Spanish Rehabilitation Strategy, which has recently been valued by the European Commission as the best in the European Union"Yes, yes, that is why the European Commission has taken legal action this month against Spain for not effectively transposing the European Directive on Energy Efficiency.
How the soil law affects energy efficiency
On the second page of the consolidated document of the Law we suddenly find ourselves with a surprise that we can identify in the following image:
Some professionals could comment on which Law 8/2013 is largely repealed. Well, in a few words, it is Law 8/2013 on Urban Rehabilitation, Regeneration and Renovation that governs the legislation on the IEE report or building evaluation report or infractions in terms of energy certification for buildings. Eye! This is important for the professional sector, the new land law replaces Law 8/2013 in practically all points (Law 8/2013 only has 19 articles), so for legal purposes regarding the IEE or the possible infractions due to certification, we must abide by the new consolidated text of the Land and Urban Rehabilitation Law.
But… Has something changed? Well, directly NO… We believe that after reading the document it is a "paste copy" where the current land law has included the information on the repealed Law 8/2013. So we continue with the same legislative loopholes, little clarity and neglecting to promote energy efficiency in a coherent way.
In return, a very interesting topic - in our understanding - of the new Law and that will benefit many professionals one day, we find it in:
- First additional provision. Urban information system and other information at the service of public policies for a sustainable urban environment.
Creation of a general and integrated public system of information on land, urban planning and building, comprising, at least, the following instruments:
a) Censuses of constructions, buildings, dwellings and vacant premises and those required for improvement or rehabilitation. The Building Evaluation Reports regulated in articles 29 and 30 will serve to feed said censuses, in relation to the rehabilitation needs.
b) Maps of deteriorated, obsolete, disadvantaged or distressed urban areas, in need of urban regeneration and renovation, or of building rehabilitation actions.
c) A general and integrated public system of information on land and urban planning, through which citizens will have the right to obtain by electronic means all urban information from the different Administrations, regarding the spatial planning carried out by them.
Access to download the PDF of the consolidated text of the land law - Royal Decree 7/2015… HERE.
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