Is the energy certificate obligatory?
It is mandatory to have the energy efficiency certificate at the moment in which you want to carry out a purchase or sale of a property. It is the owner who has the obligation to request the energy certificate and present it to the notary to allow them to proceed with the public deed of sale .
For example, in the sale and purchase of properties , the seller must give the original of the energy efficiency certificate to the purchaser/ legal representative and, in the case of rental of real estate, a copy of the energy performance certificate must be attached to the rental agreement.
In short, the certificate of energy efficiency or energy certificate is mandatory for any owner who wishes to rent or sell a property (country property, townhouse, apartment, office or local) before signing the sale or rental agreement.
In addition, it is mandatory that the energy label accompany any advertisement that is made to sell or rent a home. For example, in the windows of the real estate agencies and in the various internet portals, the energy label of the property that is the object of sale or rent must appear.
Who can issue it?
The Energy Efficiency Certificate is issued by a technician, normally an architect, technical architect, engineer or technical engineer) who is qualified to carry out building projects or their thermal installations as required by current regulations.
Emporda Immo has their own architects to obtain the certificate quickly.
Exclusions from the obligation to supply an Energy Certificate:
- Buildings that, due to their characteristics must remain open
- Officially protected buildings and monuments.
- Buildings used as places of worship and for religious activities
- Temporary constructions with an expected period of use of 2 years or less
- Industrial and agricultural buildings such workshops, non-residential agricultural and industrial processes
- Isolated buildings with a total useful floor area of less than 50 m2. ( apartments or terraced houses which have less than 50m2 are obliged).
- Buildings of technical simplicity and of little constructive style that do not have residential character.
- Buildings purchased for demolition
- Residential buildings that are subject to a lease for less than four months a year
BUT… WHAT IS THE ENERGY CERTIFICATE?
The energy certificate is an official document, which must be made and drafted by a competent, qualified and recognized technician, and must include all the information necessary to understand the energy performance of a building. The purpose of this document is to qualify all the elements that make up the energy characteristics of any building, country property, townhouse, apartment, business premises , etc …
ON WHAT TYPE OF ELEMENTS IS THE EVALUATION OF AN ENERGY CERTIFICATE?
For everything that uses energy: heating water, heating, air conditioning, the use of appliances, the use of different types of energy sources, electricity, gas, firewood, etc.
The technical evaluation process culminates with the issue of the certificate, which also includes a clear and precise graphic representation of the level of effective use of the evaluated energy. This representation, colorful and visually accurate, is called an energy label.
In addition to the energy label with the qualification of the property, the report called energy efficiency certificate includes other technical specifications and recommendations to improve the energy performance of the house or stipulated building.
As well as the energy label the certificate will include various annexes which include :
- Technical information about the property
- Explanation of the energy label assigned
- Recommendations to improve the energy efficiency
- The technical mechanisms by which the valuation was given.
And as a last step the home owner must present a copy of the certificate signed by a competent technician in the registration of certificates of energy efficiency of the Junta de Andalucía. However, the technician can be authorised by the owner to present it on their behalf.
What is the Energy Label and how can you interpret it?
Located on the first page of the energy certificate, the energy label is the visual representation of the rating obtained for the rational and efficient use of energy in the property evaluated.
To show this rating, a letter scale from A to G. The highest rating, ie, A, corresponds to the best possible energy performance. The letter G, opposite, corresponds to the worse energy performance. In addition, the energy label includes information on energy consumption and on the production of carbon dioxide.
Are any penalties proscribed by legislation in respect of non-compliance?
Yes. The infractions can be slight, serious or very serious and the fines can be from 300 to 6,000 euros. For example, it will be a violation of the law, to advertise the sale or rental of a home without mentioning its energy efficiency rating.