Given the amount of information, doubts and characteristics that exist before the energy evaluation of a housing and specifically before the document or report of the energy certificate , we wanted to carry out a detailed summary of all the key points that we can meet us for the formalization of the certified report energy efficiency so important to our home, premises or other types of real estate.
In this article we are going to focus on shelling out all the main characteristics of the process of energy certification for the benefit of clarifying concepts and doubts. inside there is a script – summary to improve user navigation.
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The energy certification is based on the Obtaining a document that will describe how effective a property in terms of energy consumption. It is determined the Energy Rating of the property through an energy label.
This document is governed by the new Royal Decree 390/2021, of June 1, 2021 (Repeals Royal Decree 235/2013), which approves the " Procedure Basic for the Energy Efficiency Certification of the Buildings ”.
Private properties : It will be payable for all private real estate in which contracts of sale or lease from 1 June 2013. Both in Buildings or parts of the same, new or already existing.
Public real estate : The buildings or units of buildings existing ones occupied by a public authority to referred to in Article 2.1.d = (Buildings or parts of existing buildings that are sold or rent to a new tenant, provided they do not have a certificate in vigor )
– For Public Buildings:
– For Buildings “usually frequented by public”:
I point out that for a property that does not have facilities, which is under reform, partial or total and even raw, without partitions. If you go To sell the property, the certificate is necessary energetic.
Another point to highlight is the reference to the Ships Industrial. It will proceed to carry out the energy rating of buildings only on the part not intended for industrial or workshop. That is, an example would be to certify only the Offices, plus point common in most industrial warehouses.
This document contains about 10 sheets, by the simplified method. to which you can contribute -voluntarily- all information complementary to the Technical Certifier it deems appropriate.
The following scheme analyzes how generalized the most important points of the document:
Extracted from the article Guide works, rehabilitation and reforms for architecture.
Example as complements: Cadastral Document, Photographs of the property, sketch of the property's envelope and Doc. Annex addressed to the consumer where we offer you a guide with Report or guidelines for your disbursement at the end of the month – with reference to expenses in energy- lower your bills. obviously this point may influence the price offered by the Technician to the client.
The certificate of energy efficiency of the building must be presented, by the developer, or owner, where appropriate, to the competent body of the Autonomous Community in matter of energy certification of buildings (According to the Law), for the registration of these certifications in their field territorial. With which a number of Registration.
The technician should undertake the following steps:
Yes….The registration of the certificate of energy efficiency of the building must be presented, by the promoter, or owner, in his case, to the competent body of the Autonomous Community competent, for the registration of the certifications in their territorial scope.
The Autonomous Communities must Create a publicly accessible registry. He maximum term estimated by this Royal Decree will be three months from the date of entry into force, that is, since 04/14/2013.
Article 11 of R.D. 235/2013 indicates that the compulsory energy efficiency certificate It will have a maximum duration of ten years .
The duration will depend on the Autonomous Communities. the renewal of this Document with a maximum of ten years. That is, they can establish, five years, three or 10 years.
To date, the market has not yet regulated properly coherent value of such a document. In the next months will be established at the rate of supply and demand.
Energy Certificate Value = Cost to write Report (Including visit to the property) + Cost Registration
The cost of registration to obtain the Energy Label will depend on each Autonomous community. Ahem would be in Barcelona that According to the latest events it is free, without embargo in Extremadura reached 22 Euros.
Approximate data in the following infographic about Certificate registration fees energy sources by Communities:
Article 12 of R.D. 235/2013 establishes that the energy label must be included in any offer, promotion and advertising aimed at the sale or lease of a property.
As established by current law. NO!
Let us remember the content of RD 1000/2010 on Visa Collegial, which establishes in its article 12 that The visa is only required in the following cases:
+ Execution project of building
+ Certificate of completion of work of building
+ Special blasting project
+ Technical establishment projects, transfer and substantial modification of a
explosives factory
+ Technical installation projects and substantial modification of deposits
commercial and consumer materials explosive
+ Projects to establish workshops for ammunition and pyrotechnics
+ Resource use projects section miners
The certificates energy sources serves as information for future tenants and buyers. Informs about energy behavior 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 the amounts of the bills. It comes as an obligation from the Community European.
Another key point is from the central administration the know the current state of the real estate park Spanish.
Also as an example: (With a higher Rating Energy in the energy certificate housing)
It is no longer just having a greater building energy rating or not. Is inquire into proposals for improvement!
Let us remember that every year the expense that is produced in electricity, gas and other energies, being minus the purchase cost of the property. Hence, We obtain real estate (Flats, premises, offices...etc) “cheap” with a high maintenance cost, here it is where action should be taken to reduce this cost monthly.
The owner or promoter of a Building or unit of the He himself will be responsible for ordering the Report for the realization of the Certificate of Efficiency Energy (Energy certificate home) to the Technician Competent certifier. Will also be responsible for keeping the corresponding documentation.
Private properties: It will be enforceable for all private real estate in contracts of sale or lease as of June 1, 2013. Both in Buildings or parts thereof, new or already existing.
Public real estate: The buildings or units of existing buildings occupied by a public authority referred to in Article 2.1.d = (Buildings or parts of buildings existing ones that are sold or leased to a new lessee, as long as they do not have a certificate in force )
-For Public Buildings:
– For buildings “frequented usually by public”
I point out that for a property that does not have facilities, which is under reform, partial or total and even raw, without partitions. If you go To sell the property, the certificate is necessary energetic. An assumption is made to proceed to perform the calculations and obtain a “supposed” rating , which should appear in the observations of the Certificate Energetic .
Another point to highlight is the reference to the Ships Industrial. It will proceed to carry out energy rating of buildings only on the part not intended for industrial or workshop. That is, an example would be to certify only the Offices, plus point common in most industrial warehouses.
With Royal Decree 564/2017 it is drafted as follows:
a) Buildings officially protected for being part of a declared environment or by reason of its particular value architectural or historical, provided that any action to improve energy efficiency would alter unacceptably their character or appearance, being the authority that dictates official protection who determines the unalterable elements.
b) Buildings or parts of buildings used exclusively as places of worship and for activities religious.
c) Provisional constructions with an established term of use equal to or less than two years.
d) Industrial, defense and agricultural buildings non-residential, or portions thereof, of low demand energetic. Those areas that do not require guarantee comfortable thermal conditions, such as those intended for to workshops and industrial processes, will be considered low energy demand.
e) Buildings or parts of isolated buildings with a total useful area less than 50 m2.
f) Buildings purchased for major renovations or demolition.
g) Buildings or parts of existing buildings of homes, whose use is less than four months a year, or well for a limited time a year and with a consumption projected energy lower than 25 percent of what would result from its use throughout the year, provided that this is stated by means of a responsible declaration of the homeowner.”
The certificate of energy efficiency of a existing building will be subscribed by competent Technicians who are in possession of the academic degree and qualified professional to carry out projects building or its thermal installations, or the energy certification . will be freely chosen by the property owner to Certify.
Artº 1.3.p of Royal Decree 235/2013:
– Competent technician: Architects and engineers in their upper and middle grades. I don't know establishes no new requirements regarding training. (As established by Law 38/1999, of 5 November, Building Planning)
– Technicians authorized exclusively for the subscription of energy efficiency certificates. HE intuits the creation of a new official title with exclusive competencies in certification energy.
– Those who meet the requirements of the future Fourth Additional Provision (Law whose validity is unknown) approval and draft)
– Assistant technician, of the process of energy certification of buildings, which can be carried out data collection and other support activities
Therefore, and in relation to Law 38/1999, they are competent technicians to subscribe the certificate of energy efficiency in the buildings , in addition to the architects, architects technicians and riggers , the people who, in accordance with the provisions of the Resolutions of January 15, 2009, from the Secretary of State for Universities, have the following Qualifications authorized before the certification energetic:
No. The Certificate will incorporate proposals for improvement of the energy efficiency of the property but not it is mandatory that the owner perform them.
It is only for those new contracts that are formalized as of June 1, 2013. In the case of the rent, in contracts with a longer duration four months.
As of June 1, any consumer can denounce that owner who wants to sell or rent you a home without the certificate energetic.
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 record. In these situations, the owner can breathe easy.
Article 18 of the regulations introduces the new administrative figure of the infraction in energy certification of buildings , whose types and sanctions will be developed in an Order rear.
In addition, it is maintained that the non-exhibition and/or making the label and certificate available shall be considered an infringement in terms of defense of the consumers and users in accordance with the provisions of sections k) and n) of Article 49.1 of the Text recast of the General Law for the Defense of Consumers and Users, approved by Royal Decree Legislative 1/2007.
Artº 50 of the revised text of the Law for the Defense of consumers grade the infractions, which may qualified by the competent public administrations as mild, serious or very serious, taking into account, among others, their degree of intentionality and recidivism.
The sanctions established in article 51.1 of said legal text are:
a) Minor offences, up to 3,005.06 euros
b) Serious offences, between 3,005.07 euros and 15,025.30 euro
c) Very serious infractions, between 15,025.31 and 601,012.10.
With Law 8/2013 of Urban Rehabilitation, Regeneration and Renewal has already been clearly determine the infractions and sanctions in energy certification matter:
Third additional provision. infractions in terms of efficiency certification energy of buildings.
1. They constitute administrative offenses in energy efficiency certification matter of the buildings the acts or omissions typified and sanctioned in this provision and in the provision following additional, without prejudice to other civil, criminal or other responsibilities that they can attend.
2. Violations regarding certification energy of buildings are classified as very serious, severe and mild.
3. They constitute very serious infractions serious in the field of certification building energy:
a) Falsify the information in the expedition or register of efficiency certificates energy.
b) Act as certifying technician without meeting the legally required requirements to be so.
c) Act as an authorized independent agent to control of efficiency certification energy of buildings without having the proper authorization granted by the competent body.
d) Advertise the sale or rental of buildings or part of buildings, an efficiency rating energy that is not backed by a certificate in duly registered force.
e) Likewise, very serious infractions will be those serious offenses provided for in section 4, when during the three years prior to its commission would have a firm sanction has been imposed on the offender by the same type of offense.
4. Constitute serious offenses 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 the buildings.
b) Breaching the obligation to submit the certificate of energy efficiency before the body authority of the Autonomous Community in matters of energy certification of where the building is located, for your record.
c) Not incorporating the quality certificate project energy in the execution project of the building.
d) Display of a label that does not correspond with valid energy efficiency certificate issued, registered and in force.
e) Selling or renting a property without the seller or landlord delivers the certificate housing valid, registered and in force, to the buyer or renter.
f) Likewise, serious infractions will be those minor offenses provided for in section 5, when during the year prior to its commission would have been imposed on the offender a firm sanction for the same type infringement
5. Constitute infractions mild:
a) Advertise the sale or rental of buildings or Building units that must have a certificate energy efficiency without mentioning its energy efficiency rating.
b) Not displaying the energy efficiency label in the cases in which it is mandatory.
c) The issuance of certificates of energy efficiency that do not include the minimum information required.
d) Failure to comply with the obligations of renewal or update of certificates of efficiency energy.
e) Not incorporating the efficiency certificate energy of the finished building in the Book of building.
f) The display of energy efficiency label without the legally minimum format and content established.
g) Publicize the qualification obtained in the energy efficiency certification of the project, when the certificate of efficiency is already available energy of the finished building.
h) Any actions or omissions that violate the established in terms of efficiency certification energy when they are not classified as infractions serious or very serious.
6. They will be responsible for the infractions typified in this provision, natural persons or juridical and the communities of goods that commit them, even by way of simple non-compliance.
7. The investigation and resolution of the files sanctions that are initiated will correspond to the bodies competent authorities of the Autonomous Communities.
Fourth additional provision. sanctions in matter of energy certification of buildings and graduation.
1. The offenses typified in the provision additional third bis (new) will be sanctioned according to the following form:
2. Notwithstanding the foregoing, in cases where the benefit that the infringer has obtained by the commission of the offense exceeds the amount of the sanctions in each case indicated in section precedent, the sanction will be imposed for an amount equivalent to the profit thus obtained. Graduation of the sanction will take into account the damage produced, the enrichment obtained unjustly and the concurrence of intentionality or reiteration.
Let us remember that this last text (Point. 2) already caused quite a stir 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 Technician Certifier before the efficiency report energetic.
Yes... Arriving at this situation, it is indeed possible to produce an energy certificate that corresponds to the total qualification of the Building. To consider, that there will be individualized properties can have a higher qualification than others, taking into account to its characteristics.
An Eejem would be for a completely renovated house in a building from the 80s. There are many possibilities that this dwelling individually can have a Rating higher than the one included in the report building overview.
Yes... It is possible that in the application of the calculation methodology by the Certifying Technician use the General option (Stricter, where consider more parameters) or the simplified option that is based on a series of tests parameters obtained from 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 create an energy certificate with the general option or simplified varies in time, producing a notable increase in the price of the Report before the consumer.
The certificate report energy is part of a European directive on obligatory compliance of the year 2002. It comes from the European legislation.
It should have been applied in Spain a long time ago, and it is normal than with the current situation, this certificate raise doubts about its purpose. All countries of the European Union already apply this regulation, the majority of them since 2007. The goal is to put into citizens' knowledge of the energy consumption of their homes.
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.
The Rehabilitation Law 8/2013, Regeneration and Renewal Urban clearly determine violations and sanctions regarding certification energetic. They are classified in very serious, serious and mild:
Notwithstanding the foregoing, in cases where the benefit that the infringer has obtained by the commission of the offense exceeds the amount of the sanctions in each case indicated in section precedent, the sanction will be imposed for an amount equivalent to the benefit thus obtained. In the Graduation of the sanction will take into account the damage produced, the enrichment obtained unjustly and the concurrence of intentionality or reiteration.
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 efficiency certificates energy .
b) Act as a certifying technician without meeting the legally required requirements to be so.
c) Act as an authorized independent agent for the control of energy efficiency certification of the buildings without having the proper authorization granted by the competent body.
d) Advertise the sale or rental of buildings or part of buildings, a efficiency rating power that is not backed by a duly registered certificate in force.
e) Likewise, they will be infractions very serious the serious infringements provided for in section 4, when during the three years prior to its commission a firm sanction would have been imposed on the offender for the same type of violation.
Serious infractions, with a fine of 601 to 1,000 Euros, within the scope of the energy certification of buildings:
a) Failure to comply with the conditions established in the calculation methodology of the procedure basic for energy efficiency certification of the buildings.
b) Failure to comply with the obligation to submit the energy efficiency certificate before the competent body of the Autonomous Community in matters of energy certification of where the building is located, for your record.
c) Not incorporating the energy efficiency certificate of project in the project of execution of the building.
d) Display of a label that does not correspond to the valid energy efficiency certificate issued, registered and in force.
e) Sell or rent a property without the seller or landlord delivers the efficiency certificate energy , valid, registered and in force, to the buyer or lessee.
f) Likewise, serious infractions will be the infractions mild provisions in section 5, when during the year prior to its commission would have been imposed on the offender a firm sanction for the same type of infraction
Very serious infractions, with a fine of 1,001 to 6,000 Euros, within the scope of the energy certification of buildings:
a) Falsify the information in the expedition or registration of efficiency certificates energy.
b) Act as a certifying technician without meeting the legally required requirements to be so.
c) Act as an authorized independent agent for the control of the certification of the energy efficiency of buildings without counting on the due authorization granted by the body competent.
d) Advertise the sale or rental of buildings or part of buildings, an energy efficiency rating that is not supported by a valid certificate duly registered.
e) Likewise, very serious infractions will be those serious offenses provided for in section 4, when during the three years prior to its commission would have a firm sanction has been imposed on the offender by the same type of offense.
All Communities and Provinces are affected; A Coruña, Albacete, Alicante, Almeria, Araba, Asturias, Avila, Badajoz, Barcelona, Burgos, Cáceres, Cádiz, Cantabria, Castellón, Ciudad Real, Cordoba, Cuenca, Girona, Gipuzkoa, Granada , Guadalajara, Huelva, Huesca, Balearic Islands, Jaén, La Rioja, Las Palmas, Leon, Lleida, Lugo, Madrid, Malaga, Murcia, Navarre, Ourense, Palencia, Pontevedra, Salamanca, Segovia, Seville, Soria, Tarragona, Santa Cruz Tenerife, Teruel, Toledo, Valencia, Valladolid, Vizcaya, Zamora, Zaragoza.
