Energy certificate infractions. Energy certification can cost the consumer dearly.
At the time we already talked about future sanctions, but now we can access the Document. The Urban Rehabilitation, Renovation and Regeneration Bill that is currently being processed by the Senate in parliament. Possibly its approval and publication will culminate throughout this year, although it is said that it may be extended until 2014. It will give several surprises to the consumer if some amendments of dubious reputation or with a collection nature are approved. Among them, infractions in the matter of certification of the energy efficiency of buildings.
The infractions of the energy certificate will set the pace of the obligation before the consumer and all entities involved in the process of drafting the energy certification. Although it is an unpopular measure, it is one of the quickest ways to enforce the relevant legislation.
AMENDMENT NO. 186 (Pages 107 and 108)
SIGNATORY:
Popular Parliamentary Group
in Congress
To the additional provision fourth (new) Addendum. It is proposed to add an additional provision relating to infractions in the matter of certification of the energy efficiency of buildings. Proposed text:
«Fourth additional provision. Infractions in the matter of certification of the energy efficiency of buildings.
1. The actions or omissions typified and sanctioned in this provision and in the following additional provision constitute administrative offenses in the matter of certification of energy efficiency of buildings, without prejudice to other civil, criminal or other responsibilities that may concur.
2. Infringements regarding the energy certification of buildings are classified as very serious, serious and minor.
3. The following constitute very serious infractions in the field of energy certification of buildings:
a) Falsify the information in the issuance or registration of energy efficiency certificates.
b) Act as a certifying technician without meeting the legally required requirements to do so.
c) To act as an authorized independent agent for the control of the certification of the energy efficiency of buildings without having the due authorization granted by the competent body.
d) Advertise in the sale or rental of buildings or part of buildings, an energy efficiency rating that is not supported by a duly registered valid certificate.
e) Likewise, serious infractions provided for in section 4 will be very serious infractions when, during the three years prior to their commission, a firm sanction had been imposed on the offender for the same type of infraction.
4. The following constitute serious offenses:
a) Failure to comply with the conditions established in the calculation methodology of the basic procedure for the certification of the energy efficiency of buildings.
b) Failure to comply with the obligation to present the energy efficiency certificate before the competent body of the Autonomous Community in matters of energy certification of where the building is located, for its registration.
c) Failure to incorporate the project energy efficiency certificate in the building execution project.
d) Display of a label that does not correspond to the validly issued, registered and in force energy efficiency certificate.
e) Sell or rent a property without the seller or lessor delivering the energy efficiency certificate, valid, registered and in force, to the buyer or lessee.
f) Likewise, minor offenses provided for in section 5 will be serious offenses when, during the year prior to their commission, a firm sanction had been imposed on the offender for the same type of offense.
5. The following constitute minor offenses:
a) Advertise the sale or rental of buildings or building units that must have an energy efficiency certificate without mentioning their energy efficiency rating.
b) Not displaying the energy efficiency label in cases where it is mandatory.
c) The issuance of energy efficiency certificates that do not include the minimum required information.
d) Failure to comply with the obligations to renew or update energy efficiency certificates.
e) Failure to include the energy efficiency certificate of the finished building in the Building Book.
f) The display of the energy efficiency label without the legally established format and minimum content.
g) Publicize the qualification obtained in the energy efficiency certification of the project, when the energy efficiency certificate of the finished building is already available.
h) Any actions or omissions that violate the provisions of energy efficiency certification when they are not classified as serious or very serious infractions.
6. The individuals or legal entities and the communities of property that commit them, even by way of simple non-observance, will be responsible for the infractions typified in this provision.
7. The instruction and resolution of the disciplinary proceedings that are initiated will correspond to the competent bodies of the Autonomous Communities. "
AMENDMENT NO. 187 (Page 109)
SIGNATORY:
Popular Parliamentary Group
in Congress
To the fifth additional provision (new) Addendum. It is proposed to add an additional provision relative to the sanctioning regime in the matter of certification of the energy efficiency of buildings.
«Fifth additional provision. Sanctions regarding energy certification of buildings and graduation.
1. The offenses typified in the fourth additional provision will be sanctioned in the manner
following:
a) Minor offenses, with a fine of 300 to 600 euros.
b) Serious offenses, with a fine of 601 to 1,000 euros.
c) Very serious offenses, with a fine of 1,001 to 6,000 euros.
2. Notwithstanding the foregoing, in cases where the benefit that the offender has obtained by committing the offense is greater than the amount of the sanctions in each case indicated in the preceding section, the sanction will be imposed for an amount equivalent to that of the benefit thus obtained. In the graduation of the sanction, the damage produced, the enrichment obtained unjustly and the concurrence of intentionality or reiteration will be taken into account. "
JUSTIFICATION
Directive 2010/31 / EU of the European Parliament and of the Council, of May 19, 2010, regarding the energy efficiency of buildings has been partially transposed into the Spanish legal system through Royal Decree 235/2013, of April 5 , which approves the basic procedure for the certification of the energy efficiency of buildings, and Royal Decree 238/2013, of April 5, which modifies certain articles and technical instructions of the Regulation of Thermal Installations in the Buildings, approved by Royal Decree 1027/2007, of July 20. In order to fully transpose Directive 2010/31 / EU, and in particular, Article 27 on sanctions, it is necessary to address the regulation of the sanctioning regime in this matter (in addition to consumer and user regulations), and its inclusion in a norm with the force of law.
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AMENDMENTS AND INDEX OF AMENDMENTS TO ARTICULATE 121/000045 Draft Law on urban rehabilitation, regeneration and renovation. HERE
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DRAFT URBAN REHABILITATION, REGENERATION AND RENOVATION LAW HERE
