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We tell you when to request an energy efficiency certificate for your home, the benefits of doing so, and the exceptions
Since 2013, the energy certificate has been mandatory by law to sell or rent a property. However, there are several exceptions, included in the legislative text Royal Decree 390/2021, where it is not necessary to issue the energy efficiency certificate (EEC).
Even if you can take advantage of one of the exceptions to avoid the energy certificate, you are not obligated to waive it. It is possible that the energy study will be a decisive reason for the buyer to decide whether or not to acquire the property. We always recommend conducting the energy consumption study.
when is it Mandatory to Have the Energy Certificate?
The Energy Efficiency Certificate is mandatory to sell or rent your house. It does not matter if the property is new or used, the certificate is necessary in both cases and must be in effect.
How much could the Fine be for not Having the Energy Certificate?
As stated in Royal Legislative Decree 7/2015 of October 30, which approves the consolidated text of the Land and Urban Rehabilitation Law, there are a series of infractions classified into three types (minor, serious, and very serious) that can lead to fines of between €300 and up to €6,000.
This amount in fines, even in the lowest, compared to the cost of a Certificate, available from €175, makes us strongly recommend having the Energy Certificate in order and saving ourselves these problems.
In addition, a home for sale or rent can be reported if it does not have the energy certificate in order, also making the rental contract without an Energy Certificate null and void and illegal.
Get your Energy Certification
From €175
Exceptions
Isolated buildings of less than 50 square meters
If you want to sell or rent a single-family home or an isolated property of less than 50 m2, you do not have to process the energy efficiency certificate, you are exempt.
However, this exception does not apply to an apartment of less than 50 square meters in a building. Even if, due to its architectural design, the apartment is completely independent from the other properties, you are still obligated to request the EEC.
Property in a dilapidated state
If the property has a threat of ruin or collapse, it is sufficient reason for exemption from the mandatory energy certificate. If attempting to carry out the measurements entails a high risk to personal safety, and the data cannot be collected correctly and reliably, the energy certificate for the building ceases to be mandatory.
A construction is considered to be in a dilapidated state if, for example, it is missing most of the enclosures, has no Sanitary Hot Water (SHW) generator for human consumption, and the Building Technical Inspection (ITE) report detects very serious deficiencies and obvious lack of basic safety.
Building for renovation
If you want to buy a building to carry out significant renovations, it will also not be necessary to present the corresponding energy certificate. The reason? Upon completion of the major renovations, the comprehensive renovations, the new characteristics of the home will have an energy consumption level and a CO2 emission level different from the construction before the renovation.
Obviously, with more reason, if the purchase of the building is for demolition, the energy efficiency certificate has no motivation. If it is subsequently decided to erect a new building on the same land, that new construction will of course need a new energy certificate.
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Listed or protected buildings
Due to their particular architecture, their location, their historical value, their cultural interest, or for being unique spaces, many buildings are listed by public administrations and protected by law.
The different protection measures that the law may establish restrict the possibilities of renovation and, in the case of needing an architectural intervention, it is mandatory to comply with strict technical regulations. For these reasons, this type of building is also exempt from the Energy Efficiency Certificate.
Agricultural constructions, industrial buildings, military and religious buildings
Agricultural constructions, military-owned buildings (defense) and religious buildings, churches and temples intended for worship, are exempt from the obligation of the energy efficiency certificate.
In the case of industrial buildings, it is necessary to avoid possible confusion. The space intended for offices that is part of the industrial building is required to be certified. The space intended for industrial activity, not counting the offices, does not require the obligation of certification. However, to perform the calculations for the enclosures and partitions of the offices, the rest of the industrial building does condition and influence the offices.
Get your Energy Certification
From €175
Provisional Constructions of less than Two Years
Provisional constructions, buildings that are erected for a period equal to or less than two years, are also exempt from the energy certificate. Temporary constructions that do not exceed two years are not required to process the energy efficiency certificate.
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