On July 8, 2013, the Ministry of Industry published a list of “Answers to Frequently Asked Questions about the Royal Decree 235/2013, of April 5, by which approves the basic procedure for the certification of the energy efficiency of buildings” Said document has been updated on September 20, 2013 in which they have mainly incorporated new Q&A, plus reinterpreted any concrete answer.
The information incorporated into the document is we present below:
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1.3.- Is there going to be a list of technicians competent at the national level?
No. In accordance with the third transitory provision of the aforementioned Royal Decree, the competent body of each Community Autonomous in terms of energy construction of buildings, make up-to-date records available to the public periodically from competent technicians who offer the expert services of this type, and will serve as access to the information about certificates to citizens.
1.4.- Is it possible to register a company in the Autonomous Registry of professionals who offer energy certification?
Yes, in accordance with the third transitory provision of the Royal Decree 235/2013, the competent body of the Community Autonomous in terms of energy certification of buildings make up-to-date records available to the public periodically from competent technicians or from companies that offer such expert services.
2.7.- What treatment do the locals have "not habitable” in an existing building when the project of work and activity of the same to give it its first use?
When a “non-habitable” premises is sold or rented, understanding included in this concept the premises that are not subject to qualification, the seller will not be obliged to the realization of the energy efficiency certificate.
As soon as the premises are conditioned and become a habitable space and the corresponding work project is made and activity, it must contain the certificate of efficiency energy, as it is treated as a new work.5 MINISTRY OF INDUSTRY, ENERGY AND TOURISM
2.8.- In the case of commercial premises in gross (rentals or sales) or where a change will occur of use, are they exempt from certification? energy?
Regarding the sale or rental of commercial premises raw, understanding included in this concept the premises that are not subject to qualification, the seller will not be obliged to carry out the certificate of efficiency energetic. By the time the premises are conditioned and make the corresponding project of work and activity, this must contain the certificate of energy efficiency, for be treated as new construction.
2.9.- In the case of commercial premises existing (rentals or sales) or where a change of use, are they exempted from the certification energy?
The premises in which a change of use is going to take place, they are not exempt from energy certification, in the case of sale or rental, except in the case of a sale whose change of use supposes a "major reform" for what would be included in the provisions of article 2 paragraph 2.f.
2.10- What is the degree of protection that must be have a building or monument officially protected so as not to have the obligation to obtain the certificate of efficiency energy?
Article 2, section 2 a) of Royal Decree 235/2013, excluded from the obligation to obtain the certificate of energy efficiency to those buildings and monuments officially protected by being part of a declared environment or because of its particular architectural or historical value. By On the other hand, the degree of protection of a building is established through the different urban regulations of the entities premises or by the competent bodies in matters of heritage architectural or historical of the CCAA depending on whether the protection is established for the entire building, the façade or part of the building. So the Royal Decree does not establish a distinction between the degree of protection, should be excluded from the obtaining obtain the certificate all buildings with some kind of protection.
2.11- In the renewals of contracts of rent that have been subscribed prior to June 1 of 2013 in which the same tenant is maintained, are there obligation to deliver certificate?
While the lease is renewed at the same lessee, it is not necessary to deliver the certificate of energy efficiency.
2.12.- What treatment should be applied to the extensions?
In the event that the extension is likely to be used independent or a different legal ownership, it must be certified, either by qualifying the expansion itself as independently (as a unit or part of the building) or qualifying the entire building. In the event that the building have the certificate before carrying out the extension, it must be modified.
When the extension is not capable of having a use independent or a different legal ownership will not be certification is mandatory, and in case the building have the certificate before the expansion, this may voluntarily be modified.
2.13.- What buildings of less than 50 m2 are left excluded from obtaining the certificate of efficiency energy?
Excluded from the obligation to obtain the certificate, those buildings physically isolated and with a surface total useful less than 50 m2. The houses apartments and premises of less than 50 m2 that are part of a building, if have the obligation to obtain the certificate of efficiency energy.
2.14.- In relation to the buildings or parts of existing residential buildings, whose use or rental is less than four months a year, or for a period of time limited to one year and with an expected energy consumption lower than to 25 percent of what would result from its use during all year round: What buildings are they about? Does the lower consumption at 25% is applied to the assumption of four months or only to the for use for a limited time?
In accordance with article 2, section g of the Royal Decree 235/2013, are excluded from the scope of application of said Royal I decree those buildings or parts of existing buildings of houses characterized by:
• Use less than 4 months per year: the remaining 8 months are deprecated
• Use limited to one year and with an expected energy consumption less than 25% of what would result from its use throughout the year: limited use does not have to coincide with the 4 months
2.15.- Is the Certificate mandatory for a workshop or industrial repair facility housed on the ground floor of a building?
No, according to section 2 d) of article 2 of the Royal Decree 235/2013, are exempt.
2.16.- Do offices have to be certified? of an industrial building (ship, warehouse, repair shop) located within your activity?
In accordance with article 2, paragraph d), are excluded of the scope of application of the aforementioned Royal Decree the part of industrial buildings for workshops and processes industrial. In the case of some offices, they should be certified when the building is rented or sold, even if only if they have a useful area equal to or greater than 50 m2.
3.4.- According to the wording of article 5.6 of the basic procedure, the certificates must be registered at the administration the promoter or owner. Article 13.2 is imposes the obligation to display the label on certain buildings of the Public Administrations, for which they will first have to issue a energy efficiency certificate in accordance with the provisions in the art. 12.1. However, it is not established whether register the certificates or who should communicate them (eg: 750 m2 town hall office that occupies a local leased to an individual).
According to article 5 of Royal Decree 235/2013, “the promoter or owner of the building or part thereof, whether new or existing construction, will be responsible for commissioning the realization of the energy efficiency certification of the building, or its part, in the cases that it is forced by this royal decree" and, as indicated in the statement, according to the art. 5.6, "must be presented, by the promoter, or owner, in where appropriate, to the competent body of the Autonomous Community in matter of energy certification of buildings, for the registration of these certifications in their field territorial.”
In accordance with the foregoing, it should be understood that in cases as the one in the example that is proposed would be the owner of the building who would have the obligation both to commission the completion of the certification as well as presenting it to the body authority of the Autonomous Community in matters of certification energy of buildings, even if the contract of lease was prior to June 1, 2013.
5.4.- What type of certificate of energy efficiency must obtain the buildings built who still do not have a first class identification card occupation?
(The answer has suffered a change)
Buildings built after the entry into force of the repealed Royal Decree 47/2007, have the obligation to have the energy certification certificate of the building, regardless of whether or not they have an identity card. first occupation.
5.7.- Is it possible for a natural person (not legal) alleges reasons of a personal nature to refuse to to allow access to the certificate information that Have you communicated to the administration?
No, according to the third transitory provision of the Royal Decree 235/2013, the registration of certificates of energy efficiency will serve citizens as access to information about certificates.
5.8.- For the drafting of the certificate, must necessarily study the economic profitability of the proposed measures?
Although it can be included, it is not mandatory to do so. Only, and in accordance with article 6 of the Royal Decree 235/2013, the energy efficiency certificate must indicate where to obtain more detailed information about the cost-effectiveness ratio of the recommendations formulated in the certified.
5.9.- Where to register or consult the Certificate of energy efficiency of a property?
In accordance with article 5, section 6 of the Royal Decree 235/2013, the certificate must be submitted to the body authority of the Autonomous Community in matters of certification energy of buildings, for the registration of these certifications in their territorial scope. This record will serve citizens as access to information on the certificates.
5.10.- What attached documentation must be have the energy certificate?
Article 6 of Royal Decree 235/2013 establishes which is the content of the energy efficiency certificate.
5.11.- Is the validity of a certificate 10 years, except for modification of the property that reduces its qualification forces its update. Once elapsed that term, will the owner have to renew it or only in the If you sell or rent it again?
The owner must mandatorily renew it, when it is sell or rent, since in accordance with the sole article of the Royal Decree 235/2013, it is necessary to show the buyer or potential new tenant, as well as deliver a copy to the buyer or new lessee, when sold or rented buildings or units thereof.
For its part, the competent body of the Autonomous Community in terms of energy certification of buildings, will establish the specific conditions to proceed with its renewal or update.
5.12.- Regarding the responsible declaration referred to in paragraphs 2.g) of article 2, where the owner declares a use less than 4 months a year, limited time and power consumption less than 25%: Should you Can it be presented in an official registry or is it a private document? Before which organ? Is there a format preset?
The responsible declaration is a document that must be Appear before the notary in the case of purchase-sale of the building or parts of the existing residential building, not there is a pre-established declaration format. In it In the case of rentals, the responsible inclusion in the rental agreement.
All this without prejudice to the fact that the Autonomous Community may establish, in the regulations developed by this Royal Decree, other demands or requirements in this regard.
5.13.- In the case of a building that has been certified less than 10 years ago as a new building finished. It is now being sold or rented to a new owner. Do you need to get a new certified?
The energy efficiency certificate will be valid maximum of ten years. No need for a new certificate before the end of that period, provided that there are no variations in aspects of the building that may lower your rating. He owner may voluntarily proceed to update when it considers that there are variations in aspects of the building that can modify said certificate.
5.14.- When is it considered that a signed the sales contract, when the contract is signed deposit contract, or at the time of signing the deeds at the notary?
At the time of signing the deeds in the notary.
5.15.- What content should the code have? Bidi that appears on the label model approved as recognized document?
The Bidi code of the label is intended to allow the registration bodies of each Autonomous Community make accessible to the buyer or lessor, quickly additional information to the registered label. Therefore I know This is a voluntary feature for the Community Autonomous that can be established at the time of registration.
5.16.- What is meant by compliance with the environmental requirements demanded of the facilities provided for in section h) of article 6 of the Royal Decree 235/2013.?
It will be understood that the environmental requirements are met required to thermal installations, if they are at of its maintenance requirements established in the I.T.3 of Maintenance and Use of Royal Decree 1027/2007 of 20 of July by which the Regulation of Facilities is approved Thermal in Buildings.
6.2.- Is it allowed to modify the size of the energy efficiency label in the advertising of the sale or rent of the buildings?
(The answer has suffered a change)
For the inclusion of the energy efficiency label in advertising the sale or rental of buildings, through brochures or real estate portals, it is allowed to reduce or enlarge the label as long as the format and the established proportions and is legible.
Also in these cases, it will be allowed that, maintaining the format and proportions, show only the scales and tag values as shown in the example on the following figure:
In the case of press announcements, it will be allowed to mention only the energy rating in Consumption and Emissions (letter associated with them)
In the sale or rent signs that are placed in the exterior of the buildings, and in which only appears a contact phone number does not need to appear energy rating.
6.3.- Is it allowed to include on the label of energy efficiency a logo?
(The answer has suffered a change)
No, except for a logo of the Autonomous Community corresponding, as long as their dimensions are the same than those established for the size of the flag of the Union Union at the bottom right of the label and always does not overlap with the data reflected in the model approved label or mislead.
6.7.- Are there two different scales of energy rating for new buildings or existing?
In order to assess and compare the benefits of the buildings, there is a single rating scale for energy efficiency, as determined in the corresponding recognized document "Model label of energy efficiency”.
6.8.- When talking about energy consumption Is it necessary to refer to the final energy or to the primary?
The main energy indicator will be the one corresponding to annual CO2 emissions and between the indicators secondary, always refers to the energy primary.
6.9.- According to article 6.e, the certificate must contain the qualification of the efficiency through the label. It looks like the tag should be included in the certified but, in that case, it would lack the information on the registration number since its registration is later. Does the certificate have to include the label? Has to deliver the label to the administration?
The energy efficiency certificate must contain the energy label as stated in article 6 section e) of RD235/2013, regardless of whether do not have the registration code covered. The administration does not is required to deliver the label.
The application for presentation in the registry or before the body authority of the Autonomous Community will provisionally serve as a registration code while the competent body of the Autonomous Community does not provide the official registration number. All this without prejudice to the fact that the CCAA may establish in the regulations developed by this Royal Decree other requirements or requirements in this regard.
