The obligation to provide the energy certificate before the notary. 12 consultations with different notaries based on the energy certification.
We have proposed to resolve a doubt that we had pending and that affects us as Certifying Technicians … What happens in the notaries before the energy certificate?
Faced with this situation, we have looked for different notaries in Valencia, Madrid and Barcelona, understanding that a large majority of properties to be certified are in these three provinces and we have formalized the pertinent question by telephone:
Am I required to provide the energy certificate when I formalize the Deed of Sale?… Acting as a seller of a 90 m2 flat.
VALENCIA
Notary 1:
It is mandatory, although there is the possibility of both parties reaching an agreement not to formalize it. Although, it is possible that the Owner will be reported later for not having it ????…
Notary 2:
It is mandatory, although there is the possibility of "exonerating" the buyer. With possible consequences in the future for not having provided such a document.
Notary 3:
Yes, it is mandatory (Affirmed bluntly) An operation is not formalized without the Energy Certificate.
Notaries 4:
It is mandatory, but the buyer can "exempt" or exempt, freeing the buyer from providing such a document as long as both parties agree. Since the obligation to have the energy certificate "possibly" would pass to the buyer.
Notary school:
Does not respond. You should ask where the sale is formalized.
MADRID
Notary 1:
Yes that is mandatory (Affirmed bluntly). The Madrid property registry requires it to be mandatory in order to register the Deed of Sale.
Notary 2:
Yes that is mandatory (Affirmed bluntly). The Madrid property registry asks for it.
Notary 3:
Yes that is mandatory (Affirmed bluntly). As he has commented for approximately 15 days the property registry requests it on a mandatory basis.
BARCELONA
Notary 1:
If it is mandatory, but it can be agreed between both parties at the time of formalizing the sale and purchase operation that the contribution of the Energy Certificate is not necessary. Both parties must be in agreement.
Notary 2:
Yes, it is mandatory (Affirmed bluntly)
Notary 3:
Initially, for a Mortgage it is mandatory, since banks begin to require it to appear in the deed of sale. It is indicated that "initially" because there are records that do not require providing such a document, in this situation, the deed would be formalized with a clause where the buyer exempts the seller from providing the energy certificate.
Notary 4:
It tells me that I can do it or not, that is, it really depends on the buyer who can "exonerate" or free the seller from providing such a document.
Conclusions obtained from the questions formalized before the notaries based on the energy certificates:
-Each notary's office applies guidelines on whether or not it is compulsory to present the certificate, in those cases where the registry does NOT oblige to provide such a document.
-In most notaries they comment that it is a document that … "is useless"
-Each Community applies a degree of obligation in providing the energy certificate in a sale or rental, meeting the requirements of the Registry.
-In those communities where the registry does not require it, it is possible not to provide the energy certificate while the buyer "exempts" or free the seller from providing such document and both parties are in agreement, a clause will be added to the contract.
-In the event that the certificate is NOT provided in the sale and the deed is formalized, in most cases they inform us that the consequences are unknown, being that initially nothing happens and in others they remind us of some possible sanctions without specifying.
Said responses are obtained verbally over the phone, not being able to demonstrate the veracity of the responses on "paper" or other means or to the issuer of the same, although, in the event that someone wants to proceed to carry out a check, we can provide them with the Information of Contact internally to specify that said data is exposed in google for the general public.
What do you think of this situation?
…
Follow us on Google+. Author: Pau Seguí.
