At the time we already talked about future sanctions, but now we can access the Document. The Bill for Urban Rehabilitation, Renewal and Regeneration is currently in parliamentary proceedings on the part of of the Senate. Possibly finalize its approval and publication at throughout this year, although it is said that it may be extended until 2014. It will give several surprises to the consumer if it is they approve some Amendments of dubious reputation or of a collection. Among them, infringements regarding certification of the energy efficiency of the buildings.
AMENDMENT NO. 186 (Page 107 and 108)
SIGNER:
Parliamentary Group Popular
in the Congress
To the fourth (new) additional provision Of addition. The addition of a additional provision relating to offenses in the field of Certification of the energy efficiency of buildings. Proposed text:
«Fourth additional provision. Offenses in matter certification of the energy efficiency of the buildings.
1. They constitute administrative offenses in matters of energy efficiency certification of the buildings the actions or omissions typified and sanctioned in this provision and in the provision following additional, without prejudice to other responsibilities civil, criminal or of any other order that may attend.
2. Violations regarding energy certification of buildings are classified as very serious, severe and mild.
3. They constitute very serious infractions in the field of energy certification of 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.
c) Act as an authorized independent agent for the control of the 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 energy efficiency rating that is not supported by a duly valid certificate 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 it would have been imposed on the offender a firm sanction for the same type of violation.
4. They constitute infractions severe:
a) Failure to comply with the conditions established in the methodology calculation of the basic procedure for the certification of the energy efficiency of the buildings.
b) Failure to comply with the obligation to present the certificate of energy efficiency before the competent body of the Autonomous Community in terms of energy certification of where the building is located , for its registration.
c) Not incorporating the energy efficiency certificate of project in the execution project of the building.
d) Display of a label that does not correspond to the valid energy efficiency certificate issued, registered and in force.
e) Selling or renting 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 offenses will be offenses slight 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.
5. They constitute infractions mild:
a) Advertise the sale or rental of buildings or housing units buildings that must have 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 energy efficiency certificates that do not include the information minimum required.
d) Failure to comply with the obligations of renewal or update of energy efficiency certificates.
e) Not incorporating the energy efficiency certificate of the finished building in the Book of the building.
f) The display of the energy efficiency label without the format and content minimum legally established.
g) Publicize the qualification obtained in the certification of energy efficiency of the project, when already has the building's energy efficiency certificate finished.
h) Any actions or omissions that violate the established in terms of certification of energy efficiency when they are not classified as serious or very serious infractions.
6. They will be responsible for the infractions classified 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 competent bodies of the Autonomous Communities."
AMENDMENT NO. 187 (Page 109)
SIGNER:
Parliamentary Group Popular
in the Congress
To the fifth additional provision (new) Of addition. The addition of a additional provision relating to the penalty regime in matter of certification of the energy efficiency of the buildings.
«Fifth additional provision. Sanctions regarding energy certification of buildings and graduation.
1. The offenses typified in the additional provision fourth will be penalized in the manner
next:
a) Minor infractions, with a fine of 300 to 600 euros.
b) Serious offences, with a fine from 601 to 1,000 euro.
c) Very serious infractions, with a fine of between 1,001 and 6,000 euro.
2. Notwithstanding the foregoing, in cases where the benefit that the offender has obtained for the commission of the infraction exceeds the amount of the sanctions in each case indicated in the preceding section the sanction will be imposed for an amount equivalent to the of the benefit thus obtained. At the graduation the sanction will take into account the damage produced, the unfairly obtained enrichment and competition of intentionality or reiteration.”
Justification
Directive 2010/31/EU of the European Parliament and of the Council of May 19, 2010, on efficiency energy of buildings has been partially transposed to the Spanish legal system through Royal Decree 235/2013, of April 5, which approves the procedure basic for the certification of the energetic efficiency of the buildings, and Royal Decree 238/2013, of April 5, by the that certain articles and instructions are modified techniques of the Regulation of Thermal Installations in the Buildings, approved by Royal Decree 1027/2007, of July 20. In order to fully transpose the Directive 2010/31/UE, and in particular, article 27 regarding the sanctions, it is necessary to address the regulation of the regime disciplinary measure in this matter (in addition to the regulations on consumers and users), and its inclusion in a standard with rank law.
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AMENDMENTS AND INDEX OF AMENDMENTS TO ARTICLE 121/000045 Rehabilitation, regeneration and renewal bill urban. HERE
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DRAFT BILL ON REHABILITATION, REGENERATION AND URBAN RENEWAL HERE
