New Legislation Energy Certificates

With effect from 1st June 2013, Spanish law dictates that all properties advertised for sale or rent, either by an individual or an agency, must show a ‘Certificate of Energy Efficiency’.

From June all sales completions that attend the Notary, will be required have this certificate.
 
Whilst there will undoubtedly be an amnesty period, failure to comply will result in a fine to both the vendor AND the agency. It is therefore, in everyone´s interests to ensure that the appropriate document is in place.
 
If you already have a CEE, can we ask you to scan a copy to us in order that we can update our records and continue to display your property for sale on our website and in our office.
 
If you do not have a certificate and need some help in organising one, please contact us and we will be happy to help you.
 
The typical cost is in the region of €150, subject to the size of the property.
 
Please note that a Certificación de la Energética can only be issued by a technical architect with the authority to have the Certificate validated and stamped by Industria in Sta. Cruz.
 
Below are the answers to typical questions we have been asked regarding this new law. If you have any further questions please contact us.
 
What is an Energy Performance Certificate?
 
Energy Performance Certificates (EPC's) – (or in Spanish Certificado de Eficiencia Energética (CEE), are documents which will show how energy efficient your home is. Basically, your property will be given a rating from A to G. In common with the displays you see on household appliances such as refrigerators, washing machines or air conditioning units. The energy performance certificate in Spain gives the property a standard energy and carbon emission efficiency grade from ‘A’ to ‘G’, where ‘A’ is the most efficient and ‘G’ is the least efficient.
 
Why have Energy Performance Certificates been introduced?
 
The EPC was initiated as a result of the Kyoto Protocol which was a worldwide initiative started in 1997 to address the issue of Greenhouse gases. Since then the European Union have formulated the European Directive for the Energy Performance of Buildings, which applies to all member states with a clearly defined timetable of the measures we must introduce. An Energy Performance Certificate (EPC) is a certificate which demonstrates the energy rating of a building. It forms part of the 'Energy Performance of Buildings Directive' (EPBD)
 
Who Needs an Energy Performance Certificate in Spain?
 
After 1st June 2013 every domestic property for sale or long term rent needs to have an Energy Performance Certificate in Spain, This does not apply to properties that are currently rented out on a long term basis. These only require an Energy Performance Certificate when a new tenancy is agreed
 
Are there any exceptions?
 
If you have a long term tenant in place you do not need an Energy Performance certificate in Spain. If your property was built after October 2007 you may find that you already have a Spanish Energy Performance Certificate. To check this look on your plans to find the architect and contact them. Likewise if you only rent your property out on a short term basis such as holiday rentals you may not need an EPC in Spain. Please contact us for further details.
 
Will I be able to rent or sell my house without an EPC in Spain?
 
No after 1st June 2013 you will be required by law to present your Energy Performance Certificate in Spain when your property is for sale or long term rent. When you sell your house the Notary will need the original EPC and when you rent your house in Spain the tenant will have to be given a copy of your Energy Performance Certificate in Spain.  
 
When will this come into effect?
 
The law was formalized on the 5th April 2013 and will take effect on the 1st June 2013. You will be expected to comply as soon as possible after this date. This applies to properties currently offered for sale or new rentals and for properties new to the market. Whether your property is for sale or rent you will have to have a Spanish Energy Performance Certificate in place before your property can be advertised. This does not apply to current long term rentals. If you already have a long term tenant in your property then you do not need the EPC in Spain until you have a new tenancy.
 
Who can issue the Energy certificate in Spain?
 
Only certified and registered assessors are able to issue the Energy Performance Certificate in Spain. This includes architects, technical architects and some engineers.
 
How can I get an Energy Performance Certificate for my property?
 
Contact Tenerife Royale Estate Agents S.L. who will arrange for a registered assessor to assist you in getting your Energy Performance Certificate in Spain.
 
How much does an EPC cost in Spain?
 
The cost depends on the size of your property so you would need to contact us in order for us to obtain a quotation for you. As a ‘rule of thumb’ a typical 2 bed apartment of say 80m2 will cost circa 200 €.
 
Who has to pay for the energy certificate?
 
Ultimately the owner of the property will have to pay for the Energy Certificate here in Spain.
 
What if I get a low rating on my EPC?
 
Along with your Energy Performance Certificate in Spain, you will get a report giving advice about how to improve your properties energy rating. . The report will recommend cost effective measures which could be undertaken to improve the energy rating of the property. It will also contain information about the rating that could be achieved if all the recommendations were implemented.
 
How is the rating on my EPC in Spain worked out?
 
A Registered energy assessor will visit your property and take measurements and recordings from things such as your air conditioning, your hot water system, type of windows fitted, type of insulation, type of construction etc. The readings taken will then be entered on line into one of the Governments approved programmes which will generate the rating for your property giving its energy efficiency and environmental impact. The programmes used are the same for all properties so a potential buyer or tenant will be able see the projected energy costs for each property viewed. Your Energy Performance Certificate in Spain will be registered to the Catastro reference for your property.
 
Do I need an EPC if I only rent my property out for holiday lets?
 
Yes in general, you do still need an EPC in Spain even if you only rent your property out for holiday lets, although there are exceptions.
 
What if I rent my property out through an agent?
 
Either you or your agent will need to get a Spanish Energy Certificate for your property for long term rentals or sales. An agent will not be legally allowed to offer your property for long term rent or sale without a certificate.
 
Can I advertise my property without an Energy Certificate?
 
No as from 1st June 2013 you will need an Energy Performance Certificate in Spain to be able to advertise your property for sale or rent.
 
How Long Does The Energy Performance Certificate Last For in Spain?
 
The Energy Performance Certificate in Spain lasts for 10 years.
 
What if I make changes to my property in Spain?
 
You can have your property re assessed at any time during the period your EPC in Spain is in date
 
What if I have an existing tenant
 
If you have an existing long term tenant you do not need an EPC in Spain. However, when you issue a new tenancy agreement you need the EPC for the incoming tenant.
 
Can I get in Trouble If I do Not Get an EPC?
 
The government have said they will fine people that have a property for sale or rent that does not have an "EPC". Fines of between 3000 and 600,000 euros can be given to anybody who needs an EPC (CEE) who does not have one. This includes agents as well as private individuals.