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The complaint in the energy certificates. How to act before the energy certification process.
Since the entry into force of the Regulation on energy certification (Law 235/2013 "Basic Procedure for the Certification of the Energy Efficiency of Buildings”) That we have already been in place for more than two months. A priori, various cases of "fraudulence" apparently well recognized have appeared both before the consumer and by a Certifying Technician without the Administration making a pronouncement.
I wanted to express and that you were aware of the response that IDAE offers us to a possible negligence on the part of a Certifying Technician and what possible means of complaint in the energy certificates they offer us.
In this case we focus on a series of surprising events in the field of energy certification when it is offered that the energy certificate is drawn up by the Competent Technician and the data is collected by the client / owner who is now recognized as a Technician. Assistant who is the one who captures and obtains the information and characteristics of the property, that is:
Competent Technician = Technician with a University Degree authorized according to Law 235/2013.
Assistant Technician = Becomes the Client / Owner of the apartment.
At this point, we made a specific query to IDAE about a real case, indicating that:
“Based on the indications presented in the offer, it can be seen that the customer becomes Assistant Technician. Considering Royal Decree 235/2013 In Article 1. Point 3. Section q)… The Assistant Technician is identified, and I quote:
q) Assistant technician of the building energy certification process: technician who is in possession of a vocational training certificate, among whose competences are the collaboration as an assistant of the competent technician in the process of energy certification of buildings.
We recognize that the minimum Assistant Technician must have in his possession a "Professional Training Certificate" seeing that the subject of competencies will be defined in the future.
The offer does not specify that the minimum "client" must have a professional training qualification to act as an Assistant Technician. This offer may be misleading for the customer. I would like you to inform me of the current means or administrative channels to be able to act, if I consider it appropriate.
In the face of energy certification and its possible infractions… Where can I go to report any possible infraction in certification? Both misleading advertising and a malpractice in professional duty by a Certifying Technician. "
IDAE's response to the possible complaint regarding energy certification:
"Dear Sirs. Our,
First of all thank you for using this service.
Regarding the question raised, we inform you of the following:
We invite you to contact the competent bodies in the field of energy certification in your Autonomous Community, which are in charge of applying said legislation, to send them such information:
Bodies of action and competition for each Autonomous Community
Likewise, we invite you to contact one of the Consumer Defense entities.
While waiting for the answer to be useful, receive a kind greeting. "
No comment on my part, I continue with the process. In this case, I can no longer prove it via email, that is, call the energy certification body of the Autonomous Community directly, since it is summer.
The answer that they communicated to me more or less is:
“From our department we have not yet formalized or generated a committee that is destined to such an act. We are waiting for the publication of the Regulations that regulate or confirm the sanctions indicated in Law 8/2013 on Urban Rehabilitation, Regeneration and Renovation, but in the meantime you may formalize a letter to the corresponding territorial delegation to study your case ”.
This is when I say and hope you forgive me "We are a tambourine country." What is your opinion?
