Royal Decree 235/2013, of the 5th of April, Certification of energy efficiency of buildings.

Last 13th of April 2013, the Royal Decree 235/2013, of the 5th of April, approving the Basic Procedure for the Certification of the Energy Efficiency of Buildings was published in the Official Gazette of the Spanish State (B.O.E.).

These rules, which result from the requirements of the EU Directives 2002/91/EC and 2010/031/UE, establish the obligation to present and make available to buyers or tenants of buildings or homes with a duration over four months, an “Energy Performance Certificate” which is a document signed by a competent technician that contains information about the energy characteristics and efficiency of a building or unit thereof.

The issuance of such “Energy Performance Certificate” was already provided for in the Royal Decree 47/2007, of the 19th of January; therefore, all buildings constructed from January 2007 should already have such certificate, which would be a part of the so-called Book of the Building. However, the Royal Decree 235/2013 extends the obligation to obtain the said certificate for those homes that have been built before January 2007, and that are intended to be sold or leased by their owner.
The obligation to provide or make available to buyers or tenants the said certificate shall apply for the sale or lease contracts to be signed as of the 1st of June of 2013.
Excluded from the scope of this rule, among others, are those properties used under four months a year, or those in which energy consumption is less than the 25% of the consumption that would result from the use of the property for all year.

Initially, obtaining the “Energy Performance Certificate” and the “Energy Efficiency Label” it is the duty and responsibility of the owner who intends to transfer or lease the property to third parties, as such technical information must be delivered to the new owner or tenant of the property. However, Section 12 of the Royal Decree expresses the obligation of the energy efficiency label to be included in any offer, promotion and advertising for the sale or lease of a building or unit thereof. On establishing this obligation, and even if the Real Estate Agents have only an intermediary role in the purchase and lease of properties on behalf of owners, from the moment they offer these properties without the technical information required in the new Royal Decree, they may be in breach of the obligations contained in this rule and therefore be responsible for such breach, pursuant to section 18.

The fulfilment of the obligations contained in the Royal Decree 235/2013 will be monitored by the Autonomous Communities, any breach thereof resulting in the corresponding disciplinary penalty in accordance with the applicable regulations, and even of the existing regulations with regard to consumers and users (Royal Legislative Decree 1/2007, of the 16th of November).

In Estepona, on the 24th of April 2013.

Francisco Leyton Jiménez
Pérez de Vargas Abogados.