After its relatively quick passage through the Senate, the Law 8/2013 has been definitively approved without modifications and published in the Official State Gazette on the 27th of June. Where we have already defined a very important point that affects the field of energy certification.
The most interesting points in the Law 8/2013 of Rehabilitation, Urban Regeneration and Renewal:
-. Conservation as one of the fundamental duties related to the urban environment.
-. The basic regulation of an Evaluation Report of the Buildings. Where it is also indicated (Page 47978) what will contain in its section two (Scope of the Certificate Energetic):
The Evaluation Report that determines the extremes indicated in the previous section, will identify the immovable property, with expression of its cadastral reference and will contain, in detail:
a) The evaluation of the State of conservation of the building.
b) The evaluation of the basic conditions of universal accessibility and not discrimination against people with disabilities for access and use of the building, in accordance with the regulations in force, establishing whether or not the building is susceptible to make reasonable adjustments to meet them.
c) The certification of the energy efficiency of the building, with the content and through the procedure established for it by the current regulations.
When, in accordance with regional regulations or municipal, there is a Technical Inspection Report that already allows evaluating the extremes indicated in letters a) and b) above, it may be complemented with the aforementioned certification in letter c), and will have the same effects as the report regulated by this Law. Likewise, when it contains all the elements required in accordance with that regulation, may have the effects derived from it, both insofar as to the possible requirement to correct the deficiencies observed, as well as regarding the possible realization of the themselves in substitution and at the expense of the obligors, with independence of the application of disciplinary measures and sanctions that proceed, in accordance with the provisions in the applicable urban legislation
-. Accentuates its performance in Buildings of typology residential in collective housing that have more than fifty years “The possibility of forced rehabilitation is foreseen” and as long as they have not already passed the Technical Inspection of Buildings in accordance with their own regulation.
-. Rethinks the actions of majorities within communities of owners. Mechanisms are defined to obtain external financing for easier rehabilitation.
-. The figure of "Feasibility memory" appears economic”.
-. In Law 8/2013 on rehabilitation, regeneration and urban renewal are also set the sanctions and infractions regarding certification energy efficiency of buildings and graduation, which in its At the moment we already analyzed according to several proposed amendments and that are (Page 47989 – 47990):
Third additional provision. Offenses regarding efficiency certification energy of buildings.
1. They constitute administrative offenses in matter of certification of energy efficiency of the buildings the actions or omissions typified and sanctioned in this provision and in the following additional provision, without prejudice to other civil, criminal or of another order that may concur.
2. Violations regarding certification energy of buildings are classified as very serious, serious and mild.
3. They constitute very serious infractions serious in the field of energy certification of the buildings:
a) Falsifying the information in the issuance or registration of energy efficiency certificates.
b) Act as certifying technician without meeting the legally required requirements to be so.
c) Act as an independent agent authorized to control of the energy efficiency certification 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 energy efficiency rating that is not supported by a duly valid certificate registered.
e) Equally, will be very serious offenses serious offenses provided for in section 4, when during the three years prior to its commission would have been imposed on the offender a firm sanction for the same type of violation.
4. Constitute infractions Serious:
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) Failure to comply with the obligation to submit the energy efficiency certificate before the competent body of the Autonomous Community in terms of energy certification where the building is located, for its registration.
c) Not incorporating the efficiency certificate energy project 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 energy efficiency certificate, valid, registered and in force, to the buyer or lessee.
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 of violation
5. Constitute infractions mild:
a) Advertise the sale or rental of buildings or Building units that must have a certificate of energy efficiency without mentioning its rating of energy efficiency.
b) Not displaying the energy efficiency label in the cases in which it is mandatory.
c) The issuance of efficiency certificates 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 the 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 already the energy efficiency certificate 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 serious infractions or very serious.
6. They will be responsible for the infractions typified in this provision, natural persons or juridical and the communities of property that commit them, even title of simple non-observance.
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 in the manner next:
2. Notwithstanding the foregoing, in cases where the benefit that the infringer has obtained by the commission of the infraction exceeds the amount of the sanctions in each cases indicated in the preceding section, the sanction shall be shall be imposed for an amount equivalent to the benefit as well obtained. In the graduation of the sanction, the damage produced, enrichment unjustly obtained and the concurrence of intentionality or reiteration.
Let's remember that this last text (Point. 2) already provoked a lot uproar when it was cited in the amendments that were tabled considering the ambiguity of the text, applicable both to the consumer as well as the Certifying Technician.
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