New and updated answers to frequently asked questions in certification of the energy efficiency of buildings.
On July 8, 2013, the Ministry of Industry published a list of “Answers to frequently asked questions about Royal Decree 235/2013, of April 5, which approves the basic procedure for the certification of energy efficiency of the buildings" Said document has been updated on September 20, 2013 in which new questions and answers have been mainly incorporated, in addition to reinterpreting a specific answer.
The information incorporated into the document is shown below:
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Competent technicians section:
1.3.- Will there be a list of competent technicians at the national level?
No. In accordance with the third transitory provision of the aforementioned Royal Decree, the competent body of each Autonomous Community in the field of energy construction of buildings, will make available to the public regularly updated records of competent technicians who offer the services of experts of this type, and will serve as access to information about the certificates to citizens.
1.4.- Is it possible to register a company in the Autonomous Registry of professionals who offer energy certification services?
Yes, in accordance with the third transitory provision of Royal Decree 235/2013, the competent body of the Autonomous Community in matters of energy certification of buildings will make periodically updated records of competent technicians or companies that offer expert services available to the public. this type.
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Area of application:
2.7.- What is the treatment of "non-habitable" premises in an existing building when the project of work and activity is carried out to give it its first use?
When a "non-habitable" premises is sold or rented, understanding included in this concept the premises that are not susceptible of qualification, the seller will not be obliged to carry out the energy efficiency certificate.
When the premises are conditioned and become a habitable space and the corresponding work and activity project is carried out, it must contain the energy efficiency certificate, as it is treated as new construction. 5 MINISTRY OF INDUSTRY, ENERGY AND TOURISM
2.8.- In the case of raw commercial premises (rentals or sales) or where a change of use is going to take place, are they exempted from energy certification?
Regarding the sale or rental of commercial premises in the rough, understanding included in this concept to the premises that are not susceptible of qualification, the seller will not be obliged to carry out the energy efficiency certificate. At the time the premises are conditioned and the corresponding work and activity project is carried out, it must contain the energy efficiency certificate, as it is treated as new construction.
2.9.- In the case of existing commercial premises (rentals or sales) or where a change of use is going to take place, are they exempted from energy certification?
The premises in which a change of use is going to take place, these are not exempted from the energy certification, in the case of sale or rental, except in the case of a sale whose change of use involves a "major reform" so which would be included in the provisions of article 2 section 2.f.
2.10- What is the degree of protection that an officially protected building or monument must have in order not to have the obligation to obtain the energy efficiency certificate?
Article 2, section 2 a) of Royal Decree 235/2013, excludes from the obligation to obtain the energy efficiency certificate those buildings and monuments that are officially protected for being part of a declared environment or because of their particular architectural or historical value . On the other hand, the degree of protection of a building is established through the different urban planning regulations of the local entities or by the competent bodies in matters of architectural or historical heritage of the CCAA depending on whether the protection is established for the entire building, the facade or part of the building. So the Royal Decree does not establish a distinction between the degree of protection, all buildings with some type of protection must be excluded from obtaining the certificate.
2.11- In the renewals of rental contracts that have been signed before June 1, 2013 in which the same tenant remains, is there an obligation to deliver a certificate?
As long as the rental contract is renewed to the same tenant, it is not necessary to deliver the energy efficiency certificate.
2.12.- What treatment should be applied to the extensions?
In the event that the extension is capable of having an independent use or a different legal ownership, it must be certified, either by qualifying the extension itself independently (as a unit or part of the building) or by qualifying the entire building. In the event that the building has the certificate before the extension is carried out, it must be modified.
When the extension is not capable of having an independent use or a different legal ownership, the certification will not be mandatory, and if the building has the certificate before the extension, it may be voluntarily modified.
2.13.- What buildings of less than 50 m2 are excluded from obtaining the energy efficiency certificate?
Those buildings that are physically isolated and with a total useful area of less than 50 m2 are excluded from the obligation to obtain the certificate. The dwellings, apartments and premises of less than 50 m2 that are part of a building, if they have the obligation to obtain the energy efficiency certificate.
2.14.- In relation to buildings or parts of existing residential buildings, whose use or rent is less than four months a year, or for a limited time a year and with an expected energy consumption of less than 25 percent of what would result from its use throughout the year: What buildings are they about? Does consumption of less than 25% apply to the four-month assumption or only to use for a limited time?
In accordance with article 2, section g of Royal Decree 235/2013, those buildings or parts of existing residential buildings characterized by:
• Use less than 4 months a year: the remaining 8 months are not in use
• Limited use per year and with an expected energy consumption of less than 25% of what would result from its use throughout the year: limited use does not have to coincide with 4 months
2.15.- Is the Certificate mandatory for a workshop or industrial repair establishment housed in the basement of a building?
No, according to section 2 d) of article 2 of Royal Decree 235/2013, they are exempt.
2.16.- Do the offices of an industrial building (warehouse, warehouse, repair shop) located within your activity have to be certified?
In accordance with article 2, section d), the part of industrial buildings intended for workshops and industrial processes is excluded from the scope of the aforementioned Royal Decree. In the case of offices, these should be certified when the building is rented or sold, although only if they have a useful area equal to or greater than 50 m2.
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Buildings occupied by a public authority:
3.4.- According to the wording of article 5.6 of the basic procedure, the certificates must be registered with the administration by the promoter or owner. Article 13.2 imposes the obligation to display the label to certain buildings of the Public Administrations, for which they will have to first issue an energy efficiency certificate in accordance with the provisions of art. 12.1. However, it is not established whether the certificates should be registered or who should communicate them (eg: 750 m2 town hall office that they occupy in a premises leased to a private individual).
According to article 5 of Royal Decree 235/2013, “the promoter or owner of the building or part of it, be it new or existing construction, will be responsible for commissioning the energy efficiency certification of the building, or its part, in the cases that it is bound by this royal decree ”and, as indicated in the statement, according to art. 5.6, "must be submitted, by the developer, or owner, where appropriate, to the competent body of the Autonomous Community in matters of energy certification of buildings, for the registration of these certifications in their territorial scope."
In accordance with the foregoing, it should be understood that in cases such as the example proposed, it would be the owner of the building who would have the obligation both to commission the certification and to present it to the competent body of the Autonomous Community in matters of energy certification of buildings, even if the lease was prior to June 1, 2013.
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Technical and administrative conditions related to energy efficiency certificates:
5.4.-What type of energy efficiency certificate must be obtained by constructed buildings that do not yet have a first occupancy certificate?
(The answer has undergone a change)
The buildings built after the entry into force of the repealed Royal Decree 47/2007, have the obligation to have the building's energy certification certificate, regardless of whether or not they have a first occupancy certificate.
5.7.- Is it possible for a natural person (not a legal entity) to claim personal reasons for refusing to allow access to the information in the certificate that they have communicated to the administration?
No, in accordance with the third transitory provision of Royal Decree 235/2013, the registration of energy efficiency certificates will serve citizens as access to information on the certificates.
5.8.- To draft the certificate, must the economic profitability of the proposed measures necessarily be studied?
Although it can be included, it is not mandatory to do so. Only, and in accordance with article 6 of Royal Decree 235/2013, the energy efficiency certificate must indicate where to obtain more detailed information on the cost-effectiveness of the recommendations made in the certificate.
5.9.- Where to register or consult the Energy Efficiency Certificate of a property?
In accordance with article 5, section 6 of Royal Decree 235/2013, the certificate must be submitted to the competent body of the Autonomous Community in matters of energy certification of buildings, for the registration of these certifications in its territorial scope. This registry will serve citizens as access to information about the certificates.
5.10.- What attached documentation must the Energy Certificate have?
Article 6 of Royal Decree 235/2013 establishes the content of the energy efficiency certificate.
5.11.- The validity of a certificate is 10 years, unless modification of the property that reduces its rating requires its updating. Once this period has elapsed, will the owner have to renew it or only in the event that it is re-sold or rented?
The owner must necessarily renew it, when selling or renting it, since according to the sole article of Royal Decree 235/2013, it is necessary to show the buyer or potential new tenant, as well as deliver a copy to the buyer or new tenant, when sell or rent buildings or units thereof.
For its part, the competent body of the Autonomous Community in matters of energy certification of buildings, will establish the specific conditions to proceed with their renovation or updating.
5.12.- Regarding the responsible declaration referred to in sections 2.g) of article 2, where the owner declares a use of less than 4 months a year, limited time and energy consumption less than 25%: Should it be submitted in an official record or is it a private document? Before what organ? Is there a pre-established format?
The responsible declaration is a document that must be presented before the notary in the case of the purchase and sale of the building or parts of the existing residential building, there being no pre-established declaration format. In the case of rentals, the responsible inclusion in the rental contract will be valid.
All this without prejudice to the fact that the Autonomous Community may establish, in the regulations that this Royal Decree develops, other demands or requirements in this regard.
5.13.- In the case of a building that has been certified as a new finished building less than 10 years ago. It is now being sold or rented to a new owner. Is it necessary to obtain a new certificate?
The energy efficiency certificate will be valid for a maximum of ten years. A new certificate is not necessary before the end of this period, as long as there are no variations in aspects of the building that could reduce its rating. The owner may voluntarily update it when he considers that there are variations in aspects of the building that could modify said certificate.
5.14.- When is the contract of sale considered to have been concluded, when is the deposit contract signed, or at the time of signing the deeds at the notary?
At the time of signing the deeds at the notary.
5.15.- What content must have the Bidi code that appears on the model of the label approved as a recognized document?
The Bidi code of the label is intended to allow the registration bodies of each Autonomous Community to quickly make accessible to the buyer or lessor additional information to the registered label. Therefore, it is a voluntary functionality for the Autonomous Community that can be established at the time of registration.
5.16.- What is understood by the fulfillment of the environmental requirements demanded to the thermal installations foreseen in the section h) of the article 6 of the Royal Decree 235/2013.?
It will be understood that the environmental requirements demanded of the thermal installations are met, if they are up to date with their maintenance requirements established in the IT3 of Maintenance and Use of Royal Decree 1027/2007 of July 20, which approves the Regulation of thermal installations in buildings.
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Energy efficiency label:
6.2.- Is it allowed to modify the size of the energy efficiency label in advertising the sale or rental of buildings?
(The answer has undergone a change)
For the inclusion of the energy efficiency label in advertising for the sale or rental of buildings, through brochures or real estate portals, it is allowed to reduce or enlarge the label as long as the format and the established proportions are maintained and it is legible.
Also in these cases, it will be allowed that, keeping the format and the proportions, only the scales and the label values are shown as shown in the example in the following figure:
In the case of press announcements, it will only be allowed to mention the energy rating in Consumption and Emissions (letter associated with them)
In the posters for sale or rent that are placed outside the buildings, and in which only a contact telephone number appears, it is not necessary for the energy rating to appear.
6.3.- Is it allowed to include a logo on the energy efficiency label?
(The answer has undergone a change)
No, with the exception of a logo of the corresponding Autonomous Community, provided that its dimensions are the same as those established for the size of the European Union flag in the lower right part of the label and provided that it does not overlap with the data reflected in the approved label template or misleading.
6.7.- Are there two different energy rating scales for new or existing buildings?
In order to assess and compare the performance of buildings, there is a single energy efficiency rating scale, as determined in the corresponding recognized document "Energy efficiency label model".
6.8.- When talking about energy consumption, do we have to refer to final or primary energy?
The main energy indicator will be the one corresponding to annual CO2 emissions and among the secondary indicators, reference is always made to primary energy.
6.9.- According to article 6.e, the certificate must contain the qualification of efficiency through the label.It seems that the label should be included in the certificate but, in that case, it would lack the information on the registration number since its registration is later. Does the certificate have to include the label? Does the administration have to deliver the label?
The energy efficiency certificate must contain the energy label as set out in article 6 section e) of RD235 / 2013, regardless of whether the registration code has not been covered yet. The administration is not obliged to hand over the label.
The application for presentation in the registry or before the competent body of the Autonomous Community will provisionally serve as a registration code as long as the competent body of the Autonomous Community does not provide the official registration number. All this without prejudice to the fact that the CCAA may establish other demands or requirements in this regard in the regulations that develop this Royal Decree.
