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The energy certificate in homes
Given the amount of information, doubts and characteristics that exist before the energy evaluation of a home and specifically before the document or report of the energy certificate, we wanted to make a detailed summary of all the key points that we can find for the formalization of the report energy efficiency certificate so important to our home, premises or another type of property.
In this article we are going to focus on explaining all the main characteristics of the energy certification process for the benefit of clarifying concepts and doubts. inside there is a dash - summary to improve user navigation.
What is the Energy Certificate in Existing Buildings?
The energetic certification It is based on obtaining a document that will describe how efficient a property is in terms of energy consumption. Determine theEnergy Rating of the good by means of an energy label.
This document is governed by the new Royal Decree 390/2021, of June 1, 2022 (Repeals Royal Decree 235/2013), which approves the “Basic Procedure for the Certification of Energy Efficiency of Buildings”.
What regulations on energy certification of buildings are applicable in Spain?
- The applicable regulations in Spain are those contained in Royal Decree 390/2021, of June 1. "Basic procedure for Certification of the energy efficiency of buildings”. See Document from HERE.
What properties are required to obtain the Energy Certificate?
Private properties: It will be enforceable for all private properties in the contracts of sale or lease as of June 1, 2013. Both inBuildings or parts thereof, new or existing.
Public real estate: Buildings or units ofexisting buildings occupied by a public authority referred to in Article 2.1.d = (Existing buildings or parts of buildings that are sold or rented to a new tenant, provided they do not have avalid certificate)
- For Public Buildings:
- Total Surface Greater than 500 m2. (Mandatory - Application for sale or rent)
- Surface Total Superior useful greater than 250 m2. (Properties occupied by a Public Authority)
- Total Surface Greater than 250 m2. (As of June 9, 2015 - Application for sale)
- Total Surface Greater than 250 m2. (As of December 31, 2015 - Application for rent)
- For Buildings “habitually frequented by the public”:
- Total Surface Superior useful to 500 m2. (Mandatory - Application for sale or rent)
I point out that for a property that does not have facilities, which is undergoing partial or total reform and even rough, without partitions. If you are going to sell the property, the energy certificate is necessary.
Another point to highlight is the reference to Industrial Warehouses. We will proceed to carry out theenergy rating of buildings only of the part not intended for industrial or workshop. In other words, an example would be to certify only the Offices, the most common point in most of the Industrial buildings.
What does the Energy Certificate contain?
This document contains about 10 sheets, by the simplified method. To which it will be possible to provide - voluntarily - all the complementary information that theCertifying Technician consider timely.
The following diagram provides a general analysis of the most important points of the document:
Extracted from the article in the Guide to works, rehabilitation and reforms for architecture.
Example as complements: Cadastral Doc, Photographs of the property, sketch of the envelope of the property and Doc. Annex directed to the consumer where we offer a guide with Report or guidelines so that its disbursement at the end of the month -with reference to the expenses in energy - lower on your bills. Obviously, this point may influence the price offered by the Technician to the client.
What is the Energy Label for, characteristics and doubts?
The building energy performance certificate must be submitted, by the developer, or owner, where appropriate, to the competent body of the Autonomous Community in matters ofbuilding energy certification (As stated in the Law), for the registration of these certifications in its territorial scope. With which a Registration Number will be obtained.
How does the Qualified Technician carry out the work?
The technician must undertake the following steps:
- Physically visit the property.
- Take measurements, photographs, checks and take data.
- Transfer field information to approved programs.
- Write measures to improve energy efficiency.
- Drafting of the Energy Certificate and delivery to the client.
Should the Energy Efficiency Certificate be registered?
Yes… .The registration of thebuilding energy performance certificate It must be submitted, by the developer, or owner, where appropriate, to the competent body of the Autonomous Community in competent, for the registration of certifications in its territorial scope. You can check the conditions from the characteristics registers.
The Autonomous Communities must prepare a public access register. The maximum term estimated by this Royal Decree will be three months from the date of entry into force, that is, from 04/14/2013.
How valid / duration will the energy certification of a property have?
Article 11 of the R.D. 235/2013 indicates that the Mandatory energy efficiency certificate will have a maximum duration of ten years.
The duration of the renewal of this Document will depend on the Autonomous Communities, with a maximum of ten years. That is, they can establish, five years, three or 10 years.
What is the price of the Energy Certificate?
To this day, the market has not consistently regulated the value of such a document. In the coming months it will be established based on supply and demand.
Energy Certificate Value = Cost of writing Report (including visit to the property) + Cost of Registration
What is the cost to register the Energy Certificate?
The cost of registration to obtain the Energy Label It will depend on each Autonomous Community. An Ahem would be in Barcelona, which according to recent events is free, however in Extremadura it reached 22 Euros.
Approximate data in the following infographic aboutRegistration fees for energy certificates by Communities:
What is the mandatory use of the energy rating label of a property?
Article 12 of the R.D. 235/2013 establishes that the energy label It must be included in any offer, promotion and advertising aimed at the sale or lease of a property.
Must the Energy Certificates be endorsed by the Professional Association?
As established by current law. NO!
Let us remember the content of RD 1000/2010 on College Visa, which establishes in article 12 that the visa is only mandatory in the following cases:
+ Construction execution project
+ Certificate of end of construction work
+ Special blasting project
+ Technical projects for the establishment, transfer and substantial modification of a
explosives factory
+ Technical projects for the installation and substantial modification of tanks
commercial and consumer explosives
+ Projects for the establishment of cartridges and pyrotechnics workshops
+ Projects of exploitation of mining resources of the sections
What are the Energy Certification Reports for?
The energy certificates serves as information for future tenants and buyers. Reports on the energy performance of a property, that is, the energy consumption of a home which is reflected in the electricity, water and gas bills.
A sufficient number of measures are incorporated, recommended by the competent technician, so that the property consumes less and reduces the amounts of the invoices. It comes as an obligation from the European Community.
Another key point is from the central administration to know the current state of the Spanish real estate park.
Also as an example: (With a higherEnergy Rating in the housing energy certificate)
- -Higher market value. the property will be differentiated from the rest of the properties in its sale or rent. For the occupants, it will provide a ‘green image’.
- -Lower costs. The savings that means that the property works with less energy, and that it requires less maintenance.
- -Higher earnings. Being more in demand, these buildings have lower vacancy rates for rent and higher sales.
The key point of energy certification?
It is no longer just having a greater buildings energy rating or not. It is to inquire into the improvement proposals!
Let us remember that every year the cost of electricity, gas and other energies is greater, with the cost of purchasing the property being less. Therefore, we obtain "cheap" real estate (apartments, premises, offices … etc) with a high maintenance cost, this is where we must act to reduce this monthly cost.
Who is required to carry out energy certification?
The owner or developer of a Building or unit thereof will be responsible for commissioning the Report for the completion of theEnergy Efficiency Certificate (Home energy certificate) to the competent Certifying Technician. It will also be responsible for maintaining documentation.
What properties are required to obtain the Energy Certificate?
Private properties: It will be enforceable for all private properties in the contracts of sale or lease as of June 1, 2013. Both in Buildings or parts thereof, new or existing.
Public property: Buildings or units ofexisting buildings occupied by a public authority referred to in Article 2.1.d = (Existing buildings or parts of buildings that are sold or rented to a new tenant, provided they do not have a valid certificate)
-For Public Buildings:
- Total Surface Greater than 500 m2. (Mandatory - Application for sale or rent)
- Surface Total Superior useful greater than 250 m2. (Properties occupied by a Public Authority)
- Total Surface Greater than 250 m2. (As of June 9, 2015 - Application for sale)
- Total Surface Greater than 250 m2. (As of December 31, 2015 - Application for rent)
-For Buildings "habitually frequented by the public"
- Total Surface Superior useful to 500 m2. (Mandatory - Application for sale or rent)
I point out that for a property that does not have facilities, which is undergoing partial or total reform and even rough, without partitions. If you are going to sell the property, the energy certificate is necessary. An assumption is made to proceed with the calculations and get a grade "Supposed", which should appear in the Observations of the Energy Certificate.
Another point to highlight is the reference to Industrial Warehouses. We will proceed to carry out the energy rating of buildings only of the part not intended for industrial or workshop. In other words, an example would be to certify only the Offices, the most common point in most of the Industrial buildings.
What properties are NOT required to receive energy certification?
With Royal Decree 564/2017 it is drawn up as follows:
a) Buildings officially protected because they are part of a declared environment or because of their particular architectural or historical value, provided that any action to improve energy efficiency unacceptably alters their character or appearance, being the authority that dictates the official protection who determines the unalterable elements.
b) Buildings or parts of buildings used exclusively as places of worship and for religious activities.
c) Provisional constructions with an expected period of use equal to or less than two years.
d) Non-residential industrial, defense and agricultural buildings, or parts thereof, with low energy demand. Those areas that do not require guaranteeing comfortable thermal conditions, such as those for workshops and industrial processes, will be considered low energy demand.
e) Buildings or parts of isolated buildings with a total useful area of less than 50 m2.
f) Buildings that are purchased for major renovations or demolition.
g) Buildings or parts of existing residential buildings, whose use 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, as long as it is established by a responsible statement from the homeowner. "
Who can carry out the Energy Efficiency Certificate?
The energy efficiency certificate of an existing building will be signed by competent technicians who are in possession of the academic and professional qualification qualifying for the realization of building projects or its thermal installations, or of theenergetic certification. They will be freely chosen by the ownership of the property to be certified.
Article 1.3.p of Royal Decree 235/2013:
- Competent technician: Architects and engineers in their upper and middle grades. No new training requirements are established. (As established by Law 38/1999, of November 5, on Construction Management)
- Technicians authorized exclusively to sign energy efficiency certificates. The creation of a new official title with exclusive competences in energy certification is intuited.
- Those that meet the requirements of the future Fourth Additional Provision (Law whose approval and draft are unknown)
- Assistant technician, of the building energy certification process, who will be able to carry out data collection and other auxiliary activities of the energy efficiency certificate process. Collaborate as an assistant to the competent Technician.
Therefore and in relation to Law 38/1999, they are competent technicians to sign the energy performance certificate in buildings, Besides architects, technical architects or surveyors, persons who, in accordance with the provisions of the Resolutions of January 15, 2009, of the Secretary of State for Universities, have the following qualifications enabled by energy certification:
- Aeronautic engineer
- Agricultural engineer
- Engineer of roads, canals and ports
- Industrial Engineer
- Mine engineer
- Mountain engineer
- Naval and Ocean Engineer
- Telecommunications Engineer
- Aeronautical Technical Engineer
- Agricultural Technical Engineer
- Forest Technical Engineer
- Technical industrial engineer
- Technical Mining Engineer
- Naval Technical Engineer
- Technical Engineer of Public Works
- Telecommunications Technical Engineer
- Surveyor Technical Engineer
Do you have to undertake the improvement proposals indicated in the certificate?
No. The Certificate will include proposals for improving the energy efficiency of the property but it is not mandatory for the owner to carry them out.
Can the tenants of a property / property require the owner of the document?
It is only for those new contracts that are formalized as of June 1, 2013. In the case of rental, in contracts with a duration greater than four months.
Can an individual report the owner for not having the certificate?
As of June 1, any consumer can report an owner who wants to sell or rent a home without the energy certificate.
It may be the case that the owner has the certificate but has not yet been able to register it because the relevant Autonomous Community has not yet created the registry. In these situations, the owner can breathe easy.
What happens if, being obliged, said Certificate is not made?
Article 18 of the regulations introduces the new administrative figure of the infraction in terms of energy certification of buildings, whose types and penalties will be developed in a subsequent Order.
In addition, it is maintained that the non-display and / or making available of the label and the certificate will be considered an infringement in the defense of consumers and users in accordance with the provisions of sections k) and n) of Article 49.1 of the Consolidated Text of the General Law for the Defense of Consumers and Users, approved by Royal Legislative Decree 1/2007.
Article 50 of the revised text of the Consumer Defense Law ranks the offenses, which may be classified by the competent public administrations as minor, serious or very serious, taking into account, among others, their degree of intent and recidivism.
The sanctions established in article 51.1 of said legal text are:
a) Minor offenses, up to 3,005.06 euros
b) Serious offenses, between 3,005.07 euros and 15,025.30 euros
c) Very serious offenses, between 15,025.31 and 601,012.10.
With the Law 8/2013 of Urban Rehabilitation, Regeneration and Renovation, the infractions and sanctions regarding energy certification are already clearly determined:
Third 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. They constitute very serious offenses 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 infractions in energy certificates:
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's energy quality certificate in the building's 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 landlord delivering the valid, registered and in force housing certificate to the buyer or tenant.
f) Likewise, the minor infractions provided for in section 5 will be serious infractions, when during the year prior to their commission a firm sanction had been imposed on the offender for the same type of infraction.
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 information required.
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 will be responsible for the infractions typified in this provision, even as a simple non-observance.
7. The instruction and resolution of the disciplinary proceedings that are initiated will correspond to the competent bodies of the Autonomous Communities.
Fourth additional provision. Sanctions regarding energy certification of buildings and graduation.
1. The offenses typified in the third additional provision bis (new) will be sanctioned as follows:
- Minor offenses, with a fine of 300 to 600 euros.
- Serious offenses, with a fine of 601 to 1,000 euros.
- 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 penalties in each case indicated in the preceding section, the penalty will be imposed for an amount equivalent to the 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.
Let us remember that this last text (Point. 2) already caused a lot of commotion when it was cited in the amendments that were presented taking into account the ambiguity of the text, applicable to both the consumer and the Certifying Technician in the energy efficiency report.
Access to the Document… .HERE.
Can you make a report of a Complete Building?
Yes … Arrived in this situation, an energy certificate that corresponds to the total qualification of the Building can indeed be made. To consider, that there will be properties individually, they may have a higher rating than others, depending on their characteristics.
An Ahem would be for a completely renovated house in a Building from the 80s. There are many possibilities that the present house individually can have a Rating higher than that collected in the global report of the Building.
Can there be an energy certification with a different letter for the same property?
Yes … It is possible that in the application of the calculation methodology by the Certifying Technician the General option (More stringent, where more parameters are considered) or the simplified option that is based on a series of parameter tests obtained from the general option.
It does not mean that your certificate is badly written, only that the simplified option is "more conservative" in the calculations. Likewise, the cost of making an energy certificate with the general or simplified option varies in time, producing a notable increase in the cost of the Report before the consumer.
Does it represent a collection tax by the Government?
The energy certificate report It is part of a mandatory European directive from 2002. It comes from European legislation.
It should have been applied in Spain long ago, and it is normal that with the current situation, this certificate generates doubts about its purpose. All the countries of the European Union already apply this regulation, most of them since 2007. The objective is to inform citizens about the energy consumption of their homes.
The future of energy certification?
It is expected, as has happened in other countries, that public administrations take into account energy efficiency to regulate a higher or lower tax burden depending on the energy rating of the property.
Infractions regarding Energy Certification
TheLaw 8/2013 on Urban Rehabilitation, Regeneration and Renovation clearly determine the Infringements and sanctions regarding energy certification. Sand classified in very serious, serious and minor:
- Minor offenses, with a fine of 300 to 600 euros.
- Serious offenses, with a fine of 601 to 1,000 euros.
- Very serious offenses, with a fine of 1,001 to 6,000 euros.
Notwithstanding the foregoing, in cases where the benefit that the offender has obtained by committing the offense is greater than the amount of the penalties in each case indicated in the preceding section, the penalty 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.
Minor infractions, with a fine of 300 to 600 euros, in the field of energy certification of buildings:
a) Falsify the information in the expedition 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, a energy efficiency rating that is not supported by a duly registered valid certificate.
e) Likewise, they will be infractions very serious the serious offenses provided for in section 4, when during the three years prior to their commission a firm sanction had been imposed on the offender for the same type of offense.
Serious infractions, with a fine of 601 to 1,000 Euros, in the field of energy certification of buildings:
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) Breach 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 landlord delivering the energy efficiency certificate, valid, registered and in force, to the buyer or lessee.
f) Likewise, the minor infractions provided for in section 5 will be serious infractions, when during the year prior to their commission a firm sanction had been imposed on the offender for the same type of infraction.
Very serious infractions, with a fine of 1,001 to 6,000 Euros, in the field of energy certification of buildings:
a) Falsify the information in the expedition or certificate registration energy efficiency.
b) Act as a certifying technician without meeting the legally required requirements to do so.
c) Act as an authorized independent agent for the certification control 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.
All the Communities and Provinces are affected;A Coruña, Albacete, Alicante, Almería, Araba, Asturias, Ávila, Badajoz, Barcelona, Burgos, Cáceres, Cádiz, Cantabria, Castellón, Ciudad Real, Córdoba, Cuenca, Girona, Gipuzkoa, Granada, Guadalajara, Huelva, Huesca, Balearic Islands, Jaén, La Rioja, Las Palmas, León, Lleida, Lugo, Madrid, Malaga, Murcia, Navarra, Orense, Palencia, Pontevedra, Salamanca, Segovia, Seville, Soria, Tarragona, Santa Cruz de Tenerife, Teruel, Toledo, Valencia, Valladolid , Vizcaya, Zamora, Zaragoza.
