As
from the 1st June 2013 every domestic property for sale in Spain will require
an energy performance certificate (EPC) which is regulated by the EC directive
2002/91/EC. In Spain it is known as the
Certificado de Eficiencia Energetica (CEE) and is valid for ten years. The EPC
has its roots in the Kyoto Protocol which was a worldwide initiative started in
1997 to address the issue of Greenhouse gases and forms part of the ‘Energy
Performance of Buildings Directive’ (EPBD)
The
EPC provides information on how to make your home more energy efficient to
reduce carbon dioxide emissions. The test measures the efficiency of the
property as a whole and all energy consuming elements that are integrated
within it. The ratings are scaled from A to G, ‘A’ being the most efficient
and ‘G’ being the least.
The
report will advise on how to improve the energy efficiency of the property in
at lest two ways. Improvements are voluntary not mandatory but could save you
substantial cost in the longer term. Insulating your home for example would
keep you warmer in the winter and cooler in the summer thus saving fuel cost.
Property
for sale
If
you intend to sell your property you will need an EPC before it is advertised.
For properties already for sale, you will have seven days after the 1st June
2013 to prove that you have applied for the certificate and then you are given
a 21 day extended period to obtain the EPC.
You can of course obtain one beforehand. All estate agents are required
to show the EPC rating on their details. Failure to obtain the EPC could result
in a fine for both the vendor and estate agent, ranging from 3000 – 600,000
euros! If a sale is agreed without the
EPC, your sales contract could be declared void and your purchaser can demand
compensation for not being informed about the properties energy efficiency,
especially if lawyers have been engaged.
Notaries
are also obliged to request the certificate when signing over the property.
If
your property has been insulated and double glazed, once tested, it should have
an excellent energy efficiency rating. This will be attractive to prospective
purchasers. On the other hand, if you have a poor rating, it could work against
you.
Rental
property
This
new law also affects properties for rent. A certificate will be required for
any let that consumes at least 25% of the annual energy consumption. This
applies to short term holiday lets as well! This short term letting is
obviously very difficult to police and many will choose to ignore the
requirement. If you advertise for longer term lets
(min
4 months) the certificate will be required. If you already have a tenanted
property, you do not require a certificate unless you get a new tenant. The
laws says that new tenants have the right to know the energy consumption of the
property they rent. Failure to provide the EPC means you can be fined 3.000 to
600.000 Euros by the Spanish government, your rental contract declared void and
your tenant can demand compensation for not being informed about the properties
energy efficiency.
If
you rent out your property through an agent, either you or your agent will need
to get a certificate for your property. An agent will not be legally allowed to
offer your
property
for rent or sale without a certificate. The law assumes that most holiday lets
that are being commercially advertised will consume more than 25% of the annual
energy used.
How
do I obtain an EPC
Only
a qualified official energy efficiency certifier can perform an EPC test.
The
building inspector will collect data from the building as follows:
1.Measurement of walls and windows and orientation, North, West,
East , South.
2.Composition of walls, cavity wall, insulation, materials.
Composition of windows, doors, double or single glazing.
3.Composition of roof, floors and foundations in contact with
the ground.
4.Solar control devices, porches. awnings, overhangs or shadows
that can affect the building excluding trees.
5. Installations, boiler, air conditioning, heating system,
solar panels etc..
The time it takes to collect all the information depends on many
factors. One hour for a simple one level property of a small size but longer
for a larger property on more than one level.
Other considerations also include, when the original property was
built, if it has been extended over recent years. This
data is then in-putted into a special program, which can then provide an energy
efficiency / carbon emissions rating. This is a quick process but may take
several hours subject to the complexity and amount of data being processed,
after which a certificate should be issued promptly.
If
you make changes to your property that help improve your rating, you can have
your property re assessed at any time during the period your certificate is
valid.
This article has been written by Anthony Bloom and may be used with permission only.