Answers to questions in energy certification from the IDAE

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New document of answers to frequently asked questions of Royal Decree 235/2013 in the field of energy certification issued by the IDAE.

IDAE issues a new document of "ANSWERS TO FREQUENTLY ASKED QUESTIONS ABOUT ROYAL DECREE 235/2013, OF APRIL 5, WHICH APPROVES THE BASIC PROCEDURE FOR THE CERTIFICATION OF THE ENERGY EFFICIENCY OF BUILDINGS" where they clarify different key points.

This document includes the most frequently asked questions about the certification of the energy efficiency of buildings, in relation to the following aspects:

1. Competent technicians.
2. Scope of application.
3. Buildings occupied by a public authority.
4. Buildings habitually frequented by the public.
5. Technical and administrative conditions related to energy efficiency certificates.
6. Energy efficiency label.

Below we present almost all the information contained in the document of answers to frequently asked questions about Royal Decree 235/2013 since we believe that it is relevant to publicize all its points in the field of energy certification:

As competent technicians (Certifying Technicians) in the field of energy certification designates:

1. Architects
2. Technical Architects.
3. Quantity Surveyors.
4. Aeronautic engineer
5. Agricultural engineer
6. Engineer of roads, canals and ports
7. Industrial Engineer
8. Mine engineer
9. Mountain engineer
10. Naval and Ocean Engineer
11. Telecommunications Engineer
12. Aeronautical Technical Engineer
13. Agricultural Technical Engineer
14. Forest Technical Engineer
15. Technical industrial engineer
16. Technical Mining Engineer
17. Naval Technical Engineer
18. Technical Engineer of Public Works
19. Telecommunications Technical Engineer
20. Surveyor Technical Engineer

Scope of application of Royal Decree 235/2013:

2.1.- Does Royal Decree 235/2013 apply to dwellings excluded from the Urban Leasing Law?

Royal Decree 235/2013 will not apply to dwellings excluded from the Urban Leasing Law, since there is no new rental, but a different occupation of the building or part of it.

2.2.- Is it mandatory to obtain the certificate for hotel rooms, rural houses or spaces for events?

Obtaining the energy efficiency certificate is not mandatory for hotel rooms, rural house rooms or event spaces, since in these cases there is no lease agreement according to the Urban Leasing Law.

2.3.- What is understood by important reforms?

Important reforms are those where more than 25 percent of the total envelope is renewed, or all of the thermal facilities or the type of fuel is changed.

2.4.- To whom does the exemption of a major reform apply?

Only those buildings bought to demolish or to carry out a major reform are exempt, the rest are required to obtain the energy efficiency certificate.

2.5.- The buildings or part of them that already have the energy efficiency certificate issued based on Royal Decree 47/2007, must be adapted from June 1 to the certificate established in Royal Decree 235/2013?

No, the certificates prepared based on Royal Decree 47/2007 are valid and their update is not necessary until their validity period expires.

2.6.- Should the garages and storage rooms of a building obtain the energy efficiency certificate?

Obtaining the energy efficiency certificate is not mandatory for the garages or storage rooms of a building since it is not considered a “part of a building” according to the definition established in section 3.r of article 1 of the Royal Decree, and also, According to the Technical Building Code, they are considered non-habitable spaces.

Buildings occupied by a public authority:

3.1.- What is understood by public authority?

In accordance with the first additional provision of Royal Decree 235/2013, public authority will be understood as Public Administrations as they are
listed in article 2 of Law 30/1992, of November 26, on the Legal Regime of Public Administrations and Common Administrative Procedure.

3.2.- When must publicly owned buildings, occupied by a public authority and which are habitually frequented by the public, obtain the energy efficiency certificate and display the energy efficiency label?

Publicly owned buildings, occupied by a public authority and that are regularly frequented by the public, must have the energy efficiency certificate and display the energy efficiency label as of June 1, 2013, when their total useful area is greater to 500 m2. And as of July 9, 2015 when its useful area is greater than 250 m2. The determination of whether they are regularly frequented by the public will be determined by the authority responsible for the building, which must take into account whether there is a significant presence of people outside the building, motivated by the need to carry out procedures or procedures of any kind such as value exemplary of this exhibition before the citizens.

3.3.- When should rental buildings, which are occupied by a public authority and are regularly frequented by the public, obtain the energy efficiency certificate and display the energy efficiency label?

The rental buildings, both new and existing, occupied by a public authority and that are regularly frequented by the public, must have the energy efficiency certificate and display the energy efficiency label as of December 31, 2015, when its total useful area is greater than 250 m2.

Buildings habitually frequented by the public:

4.1.- When must privately-owned buildings that have a total useful area greater than 500 m2 and that are regularly frequented by privately owned buildings display the energy efficiency label?
the public?

Privately owned buildings that have a total useful area of more than 500 m2 and that are regularly frequented by the public must obtain the energy efficiency certificate when they are built, sold or rented. When these buildings have the energy efficiency certificate, they will have the obligation to display the energy efficiency label as of June 1, 2013.

Technical and administrative conditions related to energy efficiency certificates:

5.1.- When does the obligation to obtain the energy efficiency certificate in new buildings occur (between the publication of Royal Decree 235/2013 and June 1, 2013)?

The obligation to obtain the energy efficiency certificate for new buildings (in its project phase and in its finished building phase) has occurred since the entry into force of Royal Decree 235/2013.
In the case of existing buildings, the obligation to obtain the energy efficiency certificate occurs from June 1, 2013. In all cases (new and existing), these certificates will be required in the purchase-sale or rental contracts to as of June 1, 2013.

5.4.- What type of energy efficiency certificate must be obtained by constructed buildings that do not yet have a first occupancy certificate?

The buildings built after the entry into force of the repealed Royal Decree 47/2007, have the obligation to have the energy certification certificate of the finished building. In the event that they had not obtained it at the time they were required, they must have the certificate of the finished building certificate as of June 1, 2013, which will be calculated with the
Calener reference program or any other recognized tool for new construction.

5.5- At the time of offering or advertising a building or unit of the building for sale or rent, is it necessary to have the energy efficiency certificate or would the energy efficiency rating expressed on the energy efficiency label suffice?

Yes, it is necessary to have the energy efficiency certificate signed by the competent technician and the energy efficiency label.

5.6.- At what moment should the developer or the owner of an existing building or part of it register, before the competent body of the Autonomous Community in matters of energy certification of buildings, the energy efficiency certificate?

Although there is no regulated period, and without prejudice to the fact that it may be regulated by the Autonomous Communities, once the competent technician prepares the energy efficiency certificate for the building or part of the building, the developer or owner must request the registration of the document in the registration that enables the Autonomous Community for its registration and timely effects. The obligation of the promoter or owner to present this certificate for registration will be understood to have been fulfilled with the application for registration in the registry of this document before the competent body of the Autonomous Community.

Energy efficiency label:

6.1.- Who is responsible for obtaining the energy efficiency certificate and displaying the label?

In accordance with article 5 of the Royal Decree, it is the promoter or owner of the building or part of it who is responsible for commissioning the energy certification of the building, which will grant him the right to use the energy efficiency label. Therefore, it is the promoter or owner of the building who is responsible for displaying the label in all offers, promotions and advertising aimed at the sale or lease of the building or unit thereof.

6.2.- Is it allowed to modify the size of the energy efficiency label in advertising the sale or rental of buildings?

Although the approved label model establishes a format and size with standardized dimensions, for the inclusion of the energy efficiency label in advertising for the sale or rental of buildings, the label may be reduced or enlarged as long as the format is maintained and the established proportions and is legible.

It will also be allowed that, keeping the format and the proportions, only the scales and the label values are shown as shown in the following figure:

Advertising must include the energy efficiency label, allowing only the scales and values to be shown in brochures or real estate portals, and only mention the rating in press announcements. 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.

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.

6.3.- Is it allowed to include a logo on the energy efficiency label?

Yes, it is allowed to include a logo of the corresponding Autonomous Community on the label, 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 lead to misunderstandings.

6.4.- How is the building that is certified in the energy efficiency label identified?

The approved label model establishes that it will reflect the address of the building or part of the building as well as its cadastral reference. Since the energy efficiency certificate is unique, the energy efficiency label can only correspond to a single certificate. In the event that the building or part of the building has more than one cadastral registry, the number corresponding to the cadastral registry will reflect this fact, since it is truncated in the representative digits. Notwithstanding the foregoing, in the registration of energy efficiency certificates before the competent body, a complete list of cadastral references to which the certificate refers may be requested.

6.5.- The owner of a vacation apartment who intends to advertise it for rent for this temporary use, must include the energy label in his offer?

No, in accordance with section 2.g) of article 2 of the Royal Decree, you are not obliged to include the label in your advertising offer

6.6.- The owner of an apartment that has been normally used as a temporary residence for vacation use and intends to advertise it for sale, must include the energy label in its offer?

Yes, in accordance with article 5 of Royal Decree 235/2013, it is the promoter or owner of the building or part of it who is responsible for commissioning the building's energy performance certificate and for displaying the label throughout