Is the Energy Certificate mandatory for real estate agencies?

More and more consumption inspections are being carried out to the real estate agencies to check if they have the Energy Certificate in the real estate they market and promote.

Currently, the person responsible for housing has this certificate no longer it is only the owner, but also the agency that advertises these properties.

What is an Energy Certificate?

The Energy Certificate reports on energy consumption and the CO2 emissions of a property that is advertised for sale or rent.

Its content is summarized in an energy label that indicates the emissions and consumption ratings of the property on a scale of colors that ranges from the A (More efficient) to the G (less efficient).

If a specialized technician does not visit the property, the energy certificate is not valid, since the document must contain the description of the tests carried out and the justification of compliance with the environmental requirements.

Is it mandatory?

In Spain, this certificate is mandatory from June 1, 2013 to rent or sell a property and the obligation to show it is regulated by Royal Decree 235/2013, regulations that come from a Directive Europe. The Government has assigned the powers of regulation over the energy certificate to the autonomous communities and each one of them establishes the regulations in this respect with different nuances.

Is there an exception?

If the property has registered use as warehouse or parking ( garage ), there is no legal obligation to submit the energy certificate when the sale occurs or lease, since the Technical Building Code considers them non-habitable spaces and does not consider them "part of a building".

Neither is it obligatory if it is a commercial space that has been newly constructed. Until the place is conditioned by the corresponding project of work and activity, the seller is not obliged to make the certificate.

What can be the sanction for not having the energy certificate?

Making an operation with the property without having the energy certificate can be sanctioned with fines of between € 300 and € 6,000, depending on the seriousness of the infraction. These sanctions are set out in Regulation 8/2013 of June 26.

Therefore, the agencies must show in the advertisements of their properties, either in the premises or in the portals of Internet or any other means, energy labels as a feature of the home or local.