The energy performance certificate (EPC) in Spain

Our Fiscal representative Abaco (http://www.abacoadvisers.com) just sent out this email and we thought it may be of particular interest to those who are proposing to rent out their property long term or to those thinking of selling.

If I remember correctly, something similar to this was implemented in the UK a few years back as part of a 'Home Information pack' when selling property but was soon scrapped as it was deemed to be 'expensive and unnecessary'. Wonder why Spain are doing this?


Newsflash: The energy performance certificate (EPC) in Spain

The new law has now been approved. From June 1 2013 property owners have to provide buyers or tenants with an energy performance certificate (EPC) in Spain. The EPC must include objective information about the level of energy efficiency of the building so that potential purchasers and tenants can compare it with others.

The EPC will contain an energy rating for your property according to a scale. ‘A’ will represent the highest level of efficiency and ‘G’ the lowest. The rating will take into account the level of consumption of electricity, water and gas.

Which property does this apply to?

The EPC must be obtained for property in Spain that:

- Is to be sold
- Is to be rented out to a new tenant for more than four months

Exempted property

The EPC does not have to be obtained for:

- property that has a floor area of less than 50 square meters
- buildings that are purchased for major renovation or demolition
- buildings or parts of buildings that are used for less than four months a year
- property where there is already a rental contract in place
- property where a rental contract is signed for less than four months

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

Who is responsible?

The responsibility lies with the property seller or with the developer in the case of a new property. They are also responsible for the certificate’s renewal every 10 years. The original certificate should be presented by the seller when the property is put up for sale. In the case of a new rental contract, a photocopy should be attached to the contract.

Advertising material must clearly show the allocated energy label when applicable. From June 1st estate agents must include details of the EPC on any advertising such as billboards, posters, on the internet and brochures.

An EPC can be signed by a qualified technician who has the authorisation to do this. This might include an architect, technical architect, engineer or technical engineer.

A register

A register must be compiled by each Autonomous Community. This is a universal requirement across the country, although some communities might have difficulty operating it within the current time scales as they have not yet begun to put the process in motion.

Autonomous communities have three months in which to compile their registers. To have provided longer e.g. a window of six months, a new law would have to be written.

Penalties

If it is discovered that you haven’t obtained the necessary certificate there are some stiff penalties. Your Autonomous Community will have a team of inspectors responsible for checking that the correct certificates have been obtained. Different levels of penalty will be imposed according to the severity of the offence.

The proposed fines are hefty and the law has many implications. Because of this we are expecting that there will be a period during which the law will be allowed to settle down before the strict application of penalties will take place.

If you are intending to sell you property in the near future or let it to tenants and have queries concerning the EPC please contact us by email at [email protected].

This is true- and a nightmare.

We currently have over 500 properties and all need this certificate in place. If the sellers do not obtain one by the 1st of June- the properties will no longer be advertised. (Hefty fines for advertising a property without having a copy of the document available)

Going to the notary to sell a property after 1st June without an EPC has a 3,000euro fine attached, if memory serves.

Typical cost- depending on property size- is around 200 to 250 euro (unless a large property)- and the onus is on the property owner to obtain (it will become their document/ property, after all)- but all agents (and the seller/ landlord) need to have it in place BEFORE the property is advertised... (They need to provide the rating with property details)- you only need one, though- and they are valid for 10 years.

If you have your property advertised through multiple agents, each will need a copy (not an original) as I understand it.

The original will be needed when you go to the notary.

If anybody needs more info/ clarification- post here- I will try to answer knowing what I can (these can be arranged for owners as well, if required)

I saw this article about the Energy Performance Certificate (EPC) in the latest Abaco magazine and thought it was worth putting on here - Click to enlarge for reading:

With credit to: http://www.abacoadvisers.com/