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Important Information About Energy Certificates - April 2013

A new law has just been approved regarding the energy performance of domestic homes in Spain. The requirement of the Energy Performance Certificate has been progressively introduced by various different EU directives (EU Directive 2OO2/91 amongst others) which served as a basis for the Spanish Royal Decree 47 2007,19th January which approved a basic procedure for energy performance certificates for newly constructed properties. Since then further EU Directives have been passed such as EU Directive 2012/31 and EU Directive 2012/27 which have now been introduced into Spanish Law providing a regulation of the procedure for energy performance certificates for existing property (as opposed to the regulations already approved by RD 47/2007 for newly constructed properties).

In accordance with the above, from 1st of June 2013, it will be mandatory for all homes for sale or rent in Spain to have an Energy Performance Certificate. An Energy Performance Certificate is required from the moment the property is advertised, regardless of whether it is sold or not. The EPC must be presented with any marketing material that has public exposure, such as the internet, on estate agents details or on private advertising.

An EPC contains :

  • . Information on your home's energy use and carbon dioxide emission
  • . A recommendation report with suggestions to reduce energy use and carbon dioxide emissions
  • . A measurement of the energy efficiency of the house as a whole and all energy consuming elements in it . Ratings are from A to G and the report will advise you on how to improve by at least two levels. Regardless of the final rating, improvements are voluntary but could save you substantial amounts on overall power consumption.
From the moment you advertise your house you will be required to provide the EPC. Estate Agents will be required to have the EPC on their details - failure to do so can result in a hefty fine. In addition, Notaries will be obliged to request the certificate upon the signing of the Deeds.

FAQ - PROPERTIES FOR SALE
WHY DO I NEED A EPC?
The new law requires that all properties for sale in Spain obtain an energy performance certificate (EPC) . This is based on an EU directive with the purpose of reducing carbon dioxide emissions and reducing energy consumption throughout Europe.
WHEN DO I NEED A EPC?
It is required from the moment the property is advertised, regardless of whether it is sold or not. The EPC must be presented with any marketing material with public exposure such as the internet property details, estate agents details etc.
DOES AN ESTATE AGENT NEED MY EPC?
Estate agents are responsible for displaying the EPC along with any details provided to clients , both in person and on the internet. Failure to comply with this could result in fines for both the estate agent and the vendor.
CAN I SELL MY HOUSE WITHOUT A EPC?
No, The public notary will not be able to sign the deeds of your home without one . You also risk being fined and your purchaser can demand compensation for not being informed about the properties energy efficiency.
WHAT HAPPENS IF I DO NOT HAVE A EPC?
You can be fined by the Spanish government between 3000 and 500,000 Euros. Any sales contract can be declared null and void and your purchaser can demand compensation for not being informed about the properties energy efficiency.

FAQ - RENTAL PROPERTIES
Different rules apply to properties that are solely used for rental purposes compared to those that are for sale. Long term rentals are subject to the new law. Holiday rentals are also subject to the new law under certain conditions, as are current rental leases.
I CURRENTLY HAVE A TENANT, DO I NEED A EPC?
Yes , the new law states that the tenant has the right to know the energy consumption of the property that he rents. lf the lease runs out before the 1st of October 2013, it is not required.
I INTEND TO RENT LONG TERM, DO I NEED A EPC?
Yes , as long as the rental period is over 4 months. lf it is less, the certificate is not required.
I INTEND TO DO HOLIDAY LETTINGS, DO I NEED A EPC?
Yes, as long as the period is at least 4 months out of a 12 month period or the energy consumption is at least 25% of the overall yearly consumption. lf it is below this 25%, it is not required.
WHAT HAPPENS IF I DO NOT HAVE A EPC? You may be fined , your rental contract can be declared null and void and your tenant can demand compensation for not being informed about the properties energy efficiency.

GENERAL FAQ
HOW LONG IS THE ENERGY PERFORMANCE CERTIFICATE VALID FOR?
It is valid for 10 years.
WHO CARRIES OUT A EPC?
Only a qualified official energy efficiency certifier can perform an EPC. He will inspect the property and collect data on factors such as floor area, windows, doors, wall and roof insulation, heating systems and boilers. This data is then used to provide an energy efficiency and carbon emissions rating.
HOW LONG DOES THE INSPECTION TAKE?
On average it takes approximately one hour to do the inspection, some information and interaction is required by the homeowner. Once the data has been collected and processed you will receive the certificate.
HOW MUCH DOES AN INSPECTION COST?
Prices for an inspection and resulting Energy Performance Certificate vary depending on the size of the property.

lf this service is of interest to you, please contact us and we will provide you with the details of a local English or Spanish speaking energy assessor.

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Max Menzies has worked as an Estate Agent, in the Javea area for 15 years.

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