Law 8/2013 on Urban Rehabilitation, Regeneration and Renovation is approved.
After its relatively rapid passage through the Senate, Law 8/2013 has been definitively approved without modifications and published in the Official State Gazette on June 27. Where we have already defined a very important point that affects the field of energy certification.
The most interesting points in Law 8/2013 of Urban Rehabilitation, Regeneration and Renovation:
-. Conservation as one of the fundamental duties related to the urban environment.
-. The basic regulation of a Building Assessment Report. Where it is also indicated (Page 47978) what it will contain in section two (Scope of the Energy Certificate):
The Evaluation Report that determines the points indicated in the previous section, will identify the real estate, with expression of its cadastral reference and will contain, in detail:
to) The evaluation of the state of conservation of the building.
b) The evaluation of the basic conditions of universal accessibility and non-discrimination of people with disabilities to access and use the building, in accordance with current regulations, establishing whether or not the building is capable of making reasonable adjustments to satisfy them.
c) The certification of the energy efficiency of the building, with the content and through the procedure established for it by current regulations.
When, in accordance with the regional or municipal regulations, there is a Technical Inspection Report that already allows evaluating the points indicated in letters a) and b) above, it may be supplemented with the certification referred to in letter c), and will provide the same The effects of the report regulated by this Law. Likewise, when it contains all the elements required in accordance with that regulation, it may have the effects derived from it, both in terms of the possible requirement to rectify the deficiencies observed, as well as in terms of to the possible realization of the same in substitution and at the expense of the obliged, regardless of the application of the disciplinary and sanctioning measures that proceed, in accordance with the provisions of the applicable urban legislation
-. It accentuates its performance in Buildings of residential typology in collective housing that are more than fifty years old "The possibility of forced rehabilitation is foreseen" and provided that they have not already passed the Technical Inspection of Buildings in accordance with their own regulations.
-. Rethink the actions of majorities within communities of owners. Mechanisms are defined to obtain external financing for easier rehabilitation.
-. The figure of "Report of economic viability" appears.
-. Law 8/2013 on urban rehabilitation, regeneration and renewal also establishes the sanctions and infractions regarding energy certification of buildings and graduation, which at the time we already analyzed according to several proposed amendments and which are (Pag. 47989 - 47990):
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 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, 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 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 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 in response to the ambiguity of the text, applicable to both the consumer and the Certifying Technician.
Access to the Document….HEREand from the following link https://ovacen.com/aplicacion-informatica-para-el-cumplimiento-del-iee/ we can verify the characteristics of the IEE and the new tool to proceed to make the IEE reports
