Content menu:
1. Competent technicians.
2. Scope of application.
3. Buildings occupied by an authority public.
4. Buildings habitually frequented by the public.
5. Technical and administrative conditions relating to certificates of efficiency energy.
6. efficiency label energy.
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Scope of application of the Royal Decree 235/2013:
2.1.- Does it apply to homes excluded from the Urban Leasing Law the Royal Decree 235/2013?
To homes excluded from the Leases Law urban areas, Royal Decree 235/2013 will not be applicable that there is not a new rental, but a different occupation of the building or part of it.
2.2.- Is it mandatory to obtain the certificate to hotel rooms, rural houses or spaces for events?
It is not mandatory to obtain the certificate of efficiency energy for hotel rooms, rooms of rural houses or spaces for events, since in these cases there is no lease under the Ley de Urban leases.
2.3.- What is meant by reforms? important?
Important reforms are those that renew more than 25 percent of the total of its envelope, or the totality of the thermal installations or the type of fuel is changed.
2.4.- To whom does the exemption of a reform apply? important?
Only those buildings purchased for demolition or for carry out an important reform are exempt, the rest have the obligation to obtain the certificate of efficiency energy.
2.5.- The buildings or part of them that already They have the energy efficiency certificate made with based on Royal Decree 47/2007, must be adapted from 1 June to the certificate established in the Royal Decree 235/2013?
No, the certificates prepared based on the Royal Decree 47/2007 are valid and their update is not necessary until expires its period of validity.
2.6.- The garages and storage rooms of a building should obtain the energy efficiency certificate?
It is not mandatory to obtain the certificate of efficiency energy for the garages or storage rooms of a building since it is not considered a “part of a building” according to the definition established in section 3.r of article 1 of the Royal Decree, and also, in accordance with the Technical Building Code, considered uninhabitable spaces.
Buildings occupied by an authority public:
3.1.- What is meant by authority? public?
In accordance with the first additional provision of the Real Decree 235/2013, public authority shall be understood as the Public Administrations as they are
listed in article 2 of Law 30/1992, of 26 November, Legal Regime of Public Administrations and the Common Administrative Procedure.
3.2.- When should buildings owned by public, occupied by a public authority and which are habitually frequented by the public, obtain the energy efficiency certificate and display the energy efficiency label?
Publicly owned buildings, occupied by a public authority and that are habitually frequented by the public, they must have the certificate of efficiency energy and display the energy efficiency label to from June 1, 2013, when its total useful area is greater than 500 m2. And as of July 9, 2015 when Its useful area is greater than 250 m2. The determination of if they are habitually frequented by the public, it will be determined the authority responsible for the building, which must take into account consideration both if there is a significant presence of people outside the building, motivated by the need to carry out procedures or procedures of any kind such as the value exemplary of this exhibition before the citizens.
3.3.- When must rent buildings, occupied by a public authority and frequented usually by the public obtain the certificate of energy efficiency and display the efficiency label energy?
Rental buildings, both new construction and existing, occupied by a public authority and which are habitually frequented by the public, must have the energy efficiency certificate and display the label of energy efficiency as of December 31, 2015, when its total useful area is greater than 250 m2.
Usually frequented buildings by the public:
4.1.- When should they display the label of energy efficiency privately owned buildings that have a total useful area of more than 500 m2 and that are regularly frequented by
the public?
Privately owned buildings that have a Total useful area greater than 500 m2 and that are habitually frequented by the public must obtain the energy efficiency certificate when built, sell or rent. When these buildings have the certificate of energy efficiency will have the obligation to display the energy efficiency label from the 1st of June 2013.
Technical and administrative conditions relating to certificates of efficiency energy:
5.1.- When does the obligation to obtain the certificate of energy efficiency in new buildings (between the publication of Royal Decree 235/2013 and June 1 2013)?
The obligation to obtain the certificate of efficiency energy of new buildings (in its project phase and in its finished building phase) occurs from the entry into force of Royal Decree 235/2013.
In the case of existing buildings, the obligation to obtain the energy efficiency certificate is produced from 1 June 2013. In all cases (new and existing), These certificates will be required in the contracts of purchase-sale or rent from June 1, 2013.
5.4.- What type of certificate of efficiency must obtain the buildings constructed that still Do they not have a certificate of first occupation?
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 finished building. In case they didn't get it at the time they were obligated, they must have the certificate of the certificate of the finished building from the June 1, 2013, which will be calculated with the
Calener benchmark program or any other tool Recognized for new construction buildings.
5.5- At the time of offering or advertising a building or building unit intended for sale or rent, It is necessary to have the energy efficiency certificate or the express energy efficiency rating would suffice on the energy efficiency label?
Yes, it is necessary to have the efficiency certificate signed by the competent technician and label energy efficiency.
5.6.- At what point did the promoter or the owner of an existing building or part thereof must record, before the competent body of the Autonomous Community in matters of energy certification of buildings, the certificate of energy efficiency?
Although there is no regulated term, and notwithstanding that can be regulated by the Autonomous Communities, once the competent technician prepare the certificate of efficiency of the building or part of the building, the developer or The owner must request the registration of the document in the registry that enables the Autonomous Community for its registration and timely effects. The obligation of the promoter or owner of submitting this certificate for registration shall be understood Complied with the application for registration in the registry of this document before the competent body of the Community Autonomous.
Efficiency label energy:
6.1.- Who is responsible for obtaining the certificate of energy efficiency and to show the label?
According to article 5 of the Royal Decree, it is the promoter or owner of the building or part thereof responsible for commissioning the certification energy of the building, which will grant you the right to use of the energy efficiency label. Therefore is the promoter or owner of the building responsible for display the label in all offers, promotions and advertisements directed to the sale or lease of the building or unit of the myself.
6.2.- Is it allowed to modify the size of the energy efficiency label on sale advertising or rent the buildings?
Although the approved label model establishes a format and size with standardized dimensions, for the inclusion of energy efficiency label in sales advertising or rental of buildings, it is allowed to reduce or enlarge the label as long as formatting and proportions are maintained established and legible.
It will also be allowed, maintaining the format and proportions, show only the scales and the values of the label as shown in the following figure:
Advertising must include the efficiency label energy, allowing to show only the scales and values in brochures or real estate portals, and only Mention the rating in press announcements. In the For sale or rent signs that are placed on the outside of the buildings, and in which only a telephone appears contact rating does not need to appear energy.
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.
6.3.- Is it allowed to include on the label of energy efficiency a logo?
Yes, it is allowed to include a logo of the company on the label. corresponding Autonomous Community, provided that its dimensions are the same as those established for the size of the European Union flag on the bottom right of the label and as long as it does not overlap with the data reflected in the approved model label or lead to misunderstandings.
6.4.- How is the building to be identified? Does it certify in the energy efficiency label?
The approved label model establishes that it contains reflect the address of the building or part of the building as well as your cadastral reference. Since the certificate of energy efficiency is unique, the efficiency label energy can only correspond to a single certificate. In the case in which the building or part of the building has more than one cadastral registry, the number corresponding to the registry cadastral will reflect this fact, since it is truncated in the digits representative. Notwithstanding the foregoing, in the registry of energy efficiency certificates before the body authority, a complete list of references may be requested cadastral to which the certificate refers.
6.5.- Does the owner of an apartment in vacation that you intend to advertise it for rent for this temporary use, you must include the energy label in your offer?
No, in accordance with section 2.g) of article 2 of the Royal Decree, you do not have the obligation to include the label on your advertising offer
6.6.- Is the owner of an apartment that has been normally used as temporary residence of use vacation and intends to advertise it for sale, should you include the energy label in your offer?
Yes, in accordance with article 5 of Royal Decree 235/2013 is the promoter or owner of the building or part thereof responsible for commissioning the completion of the certificate of energy efficiency of the building and to display the label on all
