Spanish Property Law Energy Efficiency Certificate

Spanish Legislation states that Certificado de Eficiencia Energetica (CEE) (Energy Efficiency Certificate EPC) is now a Legal requirement for properties in Tenerife and throughout Spain that are advertised for sale from the 1st June 2013.

All Sellers must by Law be able to present this Certificate to prospective purchasers and to the Notary.

The energy rating label must also be included in any advertising or marketing including on estate agents websites.

The certificate will assign an energy rating to your property on a scale from "A" (the most efficient) to "G" (the least efficient).

The Royal Decree 235/2013 of 5th of April 2013 was approved requiring that the owner of a building, house, apartment or premises that is for sale or for lease must have this Certificate.

In addition, the energy efficiency label ("etiqueta") must by Law be included in any offer, promotion and advertising linked to the sale or rental of a property.

Real estate agents must display the energy label in their advertisements.

The simple certificates shall be prepared by Qualified Certified architects, technical architects, or engineers (Arquitecto Tecnico, Ingeniero or an Ingeniero Tecnico Colegiado).

What are the different ratings?

A Most Efficient
B
C
D
E
F
G Least Efficient

How long is the Certificate Valid for?

Currently the energy certificate is valid for 10 years.

Who pays for the energy certificate?

The owner of the property for sale.

How much is the energy certificate?

The price will depend on factors such as square meters.

The Architect we can recommend charges from 100 Euros for Properties up to 40m2.

The prices are based on factors such as the square meterage of the Construction size of your Home.

What if I am selling my home and it shows a poor energy rating, such as E, F or G, am I legally required to make any improvements?

No, you are not required to make any home improvements whatsoever even if your property has a poor rating.

Are there any exclusions?

If your property was constructed after 2007 you may already have an Energy Efficiency Certificate. To confirm this consult the architect responsible for your Property.

Also Exempt are properties that have a floor area of less than 50 square meters. This refers to stand alone buildings of less than 50m2 and detached properties such as garden sheds.

Other exemptions include:

Buildings that are purchased for major renovation or demolition

Buildings or parts of buildings that are used for less than four months a year

Properties whose energy consumption is less than 25% of what it would be for a whole year

Property where there is already a long term rental contract in place

The landlord or owner must make a signed declaration before a Notary if they consider their property to be exempt. This declaration must be included in the sale or rental contract as applicable.

How is the rating on my EPC in Tenerife calculated?

A Registered energy certificate Architect or Engineer will use measurements and recordings from your Property 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 software programmes which will generate the rating for your property calculating the energy efficiency.

The software programmes used are the same for all properties so a potential buyer will be able see the projected energy costs for each property viewed.

Your Energy Efficiency Certificate will then be registered by the Architect or Engineer with the Ministry of Industria (Industry) along with the Catastral reference for your property.

What happens if I don't get a Certificate?

If you fail to get an EPC when selling you could be heavily fined by the Government. The Estate Agent could also face Heavy Penalties

How will my Property be Registered in the Government Registry? REFERENCIA CATASTRAL

Property Catastral Reference is the reference that will link the Energy Certificate to your Property and be registered with the Government.

The Property Catastral Reference is a number which will be on your Escritura (Title Deeds) and it will also be on your IBI (Local Rates) and Basura (rubbish collection).