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Energy Efficiency Certificate for buildings/properties (EEC)

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5 Jun. 2013

The Royal Decree 235/2013 dated the 5th of April was published in the Official State Gazette (BOE) on the 13th of April last by which it was approved the basic procedure to certify buildings energy efficiency.  The aforementioned Royal Decree is only an implementation of the European Directive 2010/31/EU. This Royal Decree blends in just one regulation the implementation of the aforementioned European regulation together with the RD 47/2007 dated the 19th of January (which incorporated the European Directive 2002/91/CE), derogating this later one.

The purpose of this regulation is to promote the energy efficiency, by means of the information that will need to be compulsory provided to purchasers and users in relation to the energy characteristics of the real estate properties; information that will be materialized in an certificate (the EEC) that will allow to value and compare the energy efficiency of the different properties.

What obligations do entail the new regulation and when will be required?

Basically it obliges to the properties’ owners to put at the disposal of purchasers or users of the same (when sold or rented) an energy efficiency certificate which must include objective information of the energy characteristics of the building.

The obligation of the regulation is obtaining the certificate but it does not oblige to carry out the reforms or recommendations that could be suggested through it.

It also obliges to the exhibition of the efficiency label in all offers, promotions and publicity for the sale or rental of buildings.

It affects to new or existing buildings, or to part of them (houses, commercial premises, offices, etc.) in this particular case, when sold or rented. An EEC Registry will be set up in each region with the capacity of carrying out inspections or technical controls.

Buildings with more than 500 square meters (250 square meters for public buildings) with public areas are obliged to have an energy certificate and must show the energy efficiency label in a predominant and well visible area. Also buildings to be built as of 2021 (2019 if it is public) should have almost non-existing energy consumption.

The rule does not affect to the following, among others:

  • Buildings or part of isolated buildings with a total usable surface lower than 50 m2.
  • Buildings acquired with the purpose of carrying out large / big reforms or with demolition purposes.
  • Buildings or part of existing residential buildings occupied less than four months per year or during a limited time during the year with forecasted energy consumption lower than 25 per cent of the consumption if occupied during the whole year; a statement of the owner in this sense is required.

When does it come into force?

The Royal Decree entered into force on the 14th of April last; however, as a general rule, it is as of the 1st of June 2013, when the energy efficiency certificate and its label will have to be available for every purchase or rental agreement.

What does the EEC contain and by whom is it issued?

The EEC provides the property with a label that could go from energy type A (for the most efficient buildings) up to type G for the less efficient. In order to issue a certificate it is required to carry out a previous study and a compulsory visit to the property in order to obtain the necessary information.  The EEC will include the complete identification of the building, description of its energy characteristics, the qualification of the energy efficiency through a label, a document with recommendations to improve the energy efficiency, the financial assessment of the said improvements and the calendar to recover the investment. It will also contain the description of the tests and inspections carried out by the technician issuing the certificate.

The certificate has a validity of ten years. There will be the possibility of obtaining a new one in the event that works that improve the efficiency of the property are carried out.

For the time being only engineers, technical engineers, architects and technical architects are entitled to issue the EEC.

The above is general information only. For further information or assistance, please contact us on the telephone: + (00 34) 952 92 46 56 or by e-mail: m.otaola@jca-abogados.com

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