Two Amendments have been submitted that affect the penalties for Energy Certificates.
They will frame the future infractions and sanctions of the energy certificates in the matter of certification of the energy efficiency of the buildings and the sanctioning regime. That includes the bill of Urban Rehabilitation, Regeneration and Renovation.
Focusing on the sanctions of the Energy Certificates and the regime of possible infractions will be:
It will be considered very serious infractions to falsify the information in the issuance or registration of the certificates, to act as a certifying technician or independent agent authorized to control the certification without counting the pertinent authorization, and to advertise in the sale or rental of buildings or part of buildings a certification that is not supported by a duly registered valid certificate.
Serious infractions will be to fail to comply with the calculation methodology of the basic procedure for certification, not to present the certificate to the autonomous community for registration, not to incorporate the project's energy efficiency certificate in the project for the execution of the property, to display a label that does not corresponds to the actual certificate, and to sell or rent a property without the seller or the lessor delivering the valid certificate to the buyer or lessee.
Finally, they will constitute minor infractions advertising the sale or rental of buildings or building units that must have a certificate without mentioning their qualification, not displaying the efficiency label when it is mandatory or displaying one without the minimum format and content, issuing certificates without the minimum information, failure to comply with the obligations to renew or update the certificates, not include the certificate in the Building Book and publicize the qualification of the project when the finished building already exists.
In addition, it will be a serious offense to commit a minor offense if a firm sanction had been imposed on the offender the previous year for the same type of offense, and it will be very serious if a firm sanction had been imposed for the same action during the previous three years. The autonomous communities will have the powers in this matter, which will affect natural or legal persons, or the communities of property that commit them "even by way of simple non-observance".
Regarding the penalties for Energy Certificates, it will be 300 to 600 euros for minor offenses, 601 to 1,000 euros for serious, and 1,001 to 6,000 euros for very serious. However, if the benefit that the offender had obtained from the offense exceeds the amount of the penalty, it will be imposed for an amount "equivalent" to said benefit, taking into account the damage produced, the unfairly obtained enrichment and the concurrence of intent or reiteration.
From EuropaPress.
Amendments presented in Congress for the Urban Rehabilitation, Regeneration and Renovation Bill. Apparently more than infractions or sanctions in the Energy Certificates are collections for the consumer who is already sufficiently punished by the economic crisis.
