The law

EEC_Man9THE PUBLICATION of a Royal Decree in the official gazette of the Government of Spain, Boletín Oficial del Estado (BOE), on Saturday 13th April 2013, about the Certificado de Eficiencia Energética announced the introduction of a new property law on 1st June 2013 governing the basic procedure for the certification of energy efficiency in buildings. 

Below are the articles of the Royal Decree translated into English. >>>

 

 

Royal Decree 235/2013 of 5th April 2013

BASIC PROCEDURE FOR CERTIFICATION OF ENERGY EFFICIENCY IN BUILDINGS

 

Index

Chapter I. General provisions.

Article 1. Subject, purpose and definitions.

Article 2. Scope.

Article 3. Documents recognized.

Chapter II. Technical and administrative conditions.

Article 4. Rating the energy performance of a building.

Article 5. Certification of the energy efficiency of a building.

Article 6. Contents of the energy performance certificate.

Article 7. Certification of the energy efficiency of a new building or renovated.

Article 8. Energy performance of an existing building.

Article 9. Control of energy performance certificates.

Article 10. Inspection.

Article 11. Validity, renewal and upgrade energy performance certificate.

Chapter III. Energy label.

Article 12. Energy label.

Article 13. Obligation to carry the label of energy efficiency in buildings.

Article 14. Information on the energy performance certificate.

Chapter IV. Advisory Commission for certification of energy efficiency.

Article 15. Purpose and functions.

Article 16. Composition.

Article 17. Organization.

Chapter V. Penalties.

Article 18. Violations and penalties.

CHAPTER I

General provisions

Article 1. Subject, purpose and definitions.

1. The object of this basic procedure to establish the technical and administrative conditions for certification of energy efficiency of buildings and the methodology for calculating its energy efficiency rating, considering those factors that have impact on energy consumption buildings, and the adoption of energy efficiency label as distinctive common throughout the country.

2. The purpose of the adoption of the basic procedure is to promote energy efficiency, using objective information to compulsorily be provided to buyers and users in relation to the energy characteristics of buildings, materialized in the form of a performance certificate energy which to assess and compare their performance.

3. A basic purpose of this procedure is the following definitions:

a) Rate of energy efficiency of a building or part thereof: expression of the energy efficiency of a building or part thereof which is determined according to the methodology of calculation established in the recognized document for the basic method and is expressed energy indicators through energy efficiency label.

b) Certification of Energy Efficiency Design: process by which checks the compliance of the energy efficiency rating obtained by the Project and which leads to the issue of an energy efficiency project.

c) Certification of completed building energy efficiency or part thereof: process by which checks the compliance of the energy efficiency rating obtained by the project implementation with the finished building or part thereof, and that leads to issuing the energy performance of the building completed.

d) Certification of energy efficiency of existing building or part thereof: process by which checks the compliance of the energy efficiency rating obtained with calculated or measured data of the existing building or part thereof, and that leads to issuing the energy efficiency of the existing building.

e) Certificate of energy efficiency project: documentation signed by the designer as a result of the certification process, which contains information on the energy and the energy efficiency rating of project implementation.

f) Certificate of building energy efficiency over: documentation signed by the architects of the building that is verified by the conformity of the energy and the energy efficiency rating obtained by the project implementation with the finished building.

g) Certificate of existing building energy efficiency: documentation signed by the competent technician with information on the energy and energy efficiency rating of an existing building or part thereof.

h) Building: a roofed construction having walls, for which energy is used to condition the indoor environment, can refer to a building as a whole or parts thereof that have been designed or altered to be used separately.

i) Energy efficiency of a building energy consumption, calculated or measured, it is considered necessary to meet the energy demand of the building in normal operating conditions and occupation, including, among other things, the energy consumed in heating, cooling, ventilation, hot water production and lighting.

j) element of a building: technical building system or element of the building envelope.

k) Primary energy: energy from renewable and nonrenewable sources which has not undergone any conversion or transformation process.

l) Energy from renewable sources: energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogas.

m) Energy label : distinctive marking the level of energy efficiency rating obtained by the building or building unit.

n) Building envelope : integrated elements that separate the inside from the outside environment.

o) technical building system : technical equipment for heating, cooling, ventilation, hot water production or lighting a building or unit thereof, or a combination of these functions as well as control and management facilities.

p) competent Technical : technical in possession of either enabling academic and professional qualifications for writing projects or construction management and direction of execution of building works or projects for their heating systems, as set in Law 38/1999 of 5 November, Construction Planning, or to subscribe for energy performance certificates, or been credited with the skills required to enter into energy performance certificates as is established by the order expected in the fourth additional provision.

q) process Technical assistant building energy certification: technician who holds a vocational diploma, whose collaboration skills are as competent technical assistant in the process of building energy certification.

r) Part of a building unit, plant, house or apartment in a building or premises for independent use or different legal ownership, designed or modified to be used independently.

Article 2. Scope.

1. This basic procedure shall apply:

a) New buildings.

b) buildings or parts of buildings which are sold or leased to a new tenant, provided they do not hold a current certificate.

c) buildings or parts of buildings in which a public authority occupies a total useful floor area of 250 m 2 and are frequently visited by the public.

2. Excluded from the scope:

a) buildings and monuments officially protected as part of a designated environment or because of their special architectural or historic value.

b) buildings or parts of buildings used exclusively as places of worship and for religious activities.

c) temporary buildings with a planned time of use exceeding two years.

d) Industrial buildings, defense and agricultural or parts thereof, in the part for workshops, industrial processes, defense and non-residential agricultural.

e) Buildings or parts of buildings insulated with a total useful floor area of less than 50 m 2 .

f) Buildings purchased for major renovations or demolition.

g) Buildings or parts of existing buildings for housing, the use of which is less than four months a year, or for a limited time a year and a lower energy consumption forecast to 25 percent of which would be of use throughout year, provided the record declaratively responsible homeowner.

Article 3. Documents recognized.

1. In order to facilitate compliance with these basic documents are created so-called recognized for certification of energy efficiency, defined as technical papers, non-statutory nature, that have joint recognition of the Ministry of Industry, Energy and Tourism and the Ministry of Development.

2. The recognized documents will have the following contents:

a) Computer programs for energy efficiency rating.

b) Specifications and technical guides or comments about the technical and administrative implementation of energy efficiency certification.

c) Any other document that facilitates the implementation of energy efficiency certification, excluding those relating to the use of a product or a particular system or under patent.

3. Is created in the Ministry of Industry, Energy and Tourism and assigned to the Secretary of State for Energy, the General Register of recognized documents for certification of energy efficiency, which will be public and informative. The recognized documents based on the Royal Decree 47/2007, of January 19, are automatically incorporated into the record that is created.

CHAPTER II

Technical and administrative conditions

Article 4. Rating the energy performance of a building.

1. Procedures for qualifying energy efficiency of a building should be recognized documents and be registered in the General Register referred to in Article 3.

2. When using components, strategies, equipment and / or systems which are not included in the programs available for consideration in the energy rating will make use of the procedure laid down in the information document “Acceptance of unique solutions and additional capabilities to programs reference and alternative energy efficiency rating of buildings “available from the General Register referred to in Article

Article 5. Certification of the energy efficiency of a building.

1. The developer or owner of the building or part thereof, whether new construction or existing, will be responsible for carrying out the commission energy performance of the building, or his hand, in cases being obliged by this royal decree. It will also be responsible for maintaining the relevant documentation.

2. For units of a building, such as houses or units designed for separate use or different legal ownership, located in the same building, energy efficiency certification shall, as a minimum, on a common certification of the whole building or alternately in one or more housing or building local representative thereof, with the same energy characteristics.

Units designed for separate use not defined in the proposed building, to be used later, must be certified before the opening of the premises. In the event that use of an industrial premises have not mandatory certification.

3. Certification of houses may be based on the assessment of another representative building of similar design and size with a similar actual energy, if the competent technician issuing the energy performance certificate can ensure such correspondence.

4. The energy performance certificate will give information only on the energy efficiency of the building and in no case will the certification of compliance with any other requirement applicable to the building. It must first meet the minimum requirements for energy efficiency set by the regulations at the time of its construction.

5. During the certification process, the competent technician perform the necessary tests and checks, in order to establish the conformity of the information contained in the certificate of energy efficiency in the building or part thereof.

6. The energy performance certificate of the building must be submitted by the sponsor, or owner, as appropriate, to the competent body of the Autonomous Region in energy certification of buildings, for the registration of these certifications in their area.

7. Energy performance certificates will be available to the competent authorities in energy efficiency or building you are required by inspection or other requirements, either incorporated in the Book of the building, in the event that their existence is mandatory, or held by the owner of the building or part thereof, or the president of the homeowners.

Article 6. Contents of the energy performance certificate.

The energy performance certificate of a building or part thereof shall contain at least the following information:

a) Identification of the building or part thereof that is certified, including cadastral reference.

b) Indication of the recognized procedure referred to in Article 4 used to obtain the energy efficiency rating.

c) Indication of the legislation on energy saving and efficiency of application at the time of its construction.

d) Description of the building’s energy characteristics: thermal envelope, heating and lighting, normal operation and occupation, thermal comfort conditions, lighting, indoor air quality and other data used to derive the energy efficiency rating of the building .

e) energy efficiency rating of the building expressed by the energy label.

f) For existing buildings, the document of recommendations for improvement or cost optimal levels of energy efficiency of a building or part of this, unless there is no reasonable potential for such an improvement compared to energy efficiency requirements in force. The recommendations included in the energy performance certificate will cover:

i. The measures implemented under major renovation of the envelope and technical systems of a building, and

ii. Measures relating to elements of a building, regardless of the major renovation of the envelope or the technical facilities of a building.

The recommendations included in the energy performance certificate shall be technically feasible and may provide an estimate of the payback on investment or profitability during its life cycle.

Contain information addressed to the owner or lessee of where more detailed information, including information on the cost-effectiveness of the recommendations made in the certificate. The evaluation of this relationship is conducted on the basis of a set of standard criteria, such as the assessment of energy savings, underlying prices of energy and a preliminary cost estimate. Furthermore, inform the actions undertaken are to implement the recommendations. It also may provide the owner or tenant information on related topics, such as energy audits or incentives of a financial or other funding and possibility. This may apply the relevant criteria of delegated regulation (EU) n. º 244/2012 of the Commission of 16 January 2012 for calculating cost-optimal levels of minimum energy performance requirements for buildings and its elements.

g) Description of the checks and tests carried out, where appropriate, by the competent technician during the energy rating.

h) Compliance with environmental requirements demanded of thermal installations.

Article 7. Certification of the energy efficiency of a new building.

1. The energy performance of a new building or part thereof, consist of two parts: the energy performance of the project and the finished building energy certification. Both certificates may be signed by any competent technician, according to the provisions of Article 1.3.p).

2. The energy performance certificate shall be incorporated into project execution project, expressing the veracity of the information contained herein and the agreement between the energy efficiency rating obtained with the implementation of the building project.

3. The energy performance certificate of completed building expressed that the building has been executed in accordance with the project implementation and therefore reached the qualification stated in the certificate of energy efficiency project. When no such qualification is reached, one way or another, will change the initial energy performance certificate for the purposes of the project to proceed.

Article 8. Energy performance of an existing building.

The energy performance certificate for an existing building will be signed by a competent technician in accordance with the provisions of Article 1.3.p), chosen freely by the owner of the building.

In the energy certification process technician responsible may be assisted by technical assistants process energy certification of buildings, both for data collection, use of tools and software for the energy rating recognized, definition of improvement measures energy efficiency, and to manage the administrative and documentation related to the inspection and certification process energy.

Article 9. Control of energy performance certificates.

1. The competent body of the Autonomous Region in building energy certification shall establish and implement a system of independent monitoring of energy performance certificates.

2. The control is carried out on a random selection of at least a statistically significant proportion of the energy performance certificates issued annually and shall include at least the following actions or their equivalent:

a) Checking the validity of the data base of the building used to issue the energy performance certificate and the results stated in this.

b) full check of input data of the building used to issue the energy performance certificate, full verification of the results stated in the certificate, including the recommendations, and site visit of the building to check correspondence between the specifications included in the energy performance certificate and the building certified.

3. The implementation of the control will be performed by the competent body of the Autonomous Community may delegate this responsibility to independent agents authorized for this purpose. Authorized agents will control agencies or entities that meet the technical requirements set out in Royal Decree 410/2010, of 31 March, for the exercise of its activity in the field of building regulation and control entities enabled regulatory field of thermal installations, or independent competent technicians.

4. When the resulting energy efficiency rating of this external control is different from that obtained initially as a result of differences in the specifications, you will notify the sponsor or owner, if applicable, the reasons for it and a deadline for its correction or submission of claims in case of discrepancy, before proceeding, if necessary, to change the grade earned.

Article 10. Inspection.

The competent body of the Autonomous Region in energy certification of buildings available for necessary inspections to verify and monitor compliance with the certification requirement of energy efficiency of buildings.

Article 11. Validity, renewal and upgrade energy performance certificate.

1. The energy performance certificate shall be valid for ten years.

2. The competent body of the Autonomous Region in energy certification for buildings lay down specific conditions to proceed with the renovation or upgrade.

3. The building owner is responsible for the renewal or upgrade energy performance certificate under the conditions established by the competent organ of the Autonomous Community. The owner may voluntarily proceed to updating, when it considers that there are variations in aspects of the building that can change the energy performance certificate.

CHAPTER III

Energy label

Article 12. Energy label.

1. Obtaining energy performance certificate granted the right to use, during the period of validity, the energy efficiency label, whose contents are shown in the recognized document corresponding to the energy efficiency label, available in the general register referred to in Article 3.

2. The label will be included in any offer, promotion and advertising to the sale or lease of the building or building unit. Should always appear on the label, clearly and unequivocally, whether it relates to energy performance certificate or building project completed.

3. It prohibits the display of labels, marks, symbols or inscriptions relating to the energy performance of a building that does not meet the requirements of this basic method and can be misleading or confusing.

4. For the purposes of the above provisions, in no case shall the record label as a brand.

Article 13. Obligation to carry the label of energy efficiency in buildings.

1. All buildings or units of privately owned buildings that are frequently visited by the public, with a total useful floor area over 500 m 2, the label displayed on a mandatory energy efficiency, in a prominent place clearly visible to the public, when will be required collection.

2. All buildings or portions thereof occupied by public authorities and are frequently visited by the public, with a total useful floor area over 250 m 2 , the label displayed on a mandatory energy efficiency, in a prominent place clearly visible.

3. For all other cases, the public display of the energy efficiency label is voluntary, and in accordance with the stipulations of the relevant body of the Autonomous Community.

Article 14. Information on the energy performance certificate.

1. When a building is sold or rented, before construction, the seller or lessor shall provide its energy rating certificate which issued a resolution project finished building once constructed the building.

2. When the existing building is the subject of the contract of sale of all or part of the building, as appropriate, the energy performance certificate obtained shall be made available to the acquirer. When the object of the contract is the lease of all or part of the building, as appropriate, simply simple display and made available to the tenant a copy of the certificate.

3. The competent body of the Autonomous Community Inclusion determine how the energy performance certificate for buildings in the information that the seller must provide the buyer, in accordance with the provisions on transparency and information to consumers in Article 83 of the Law 2/2011, of March 4, Sustainable Economy.

CHAPTER IV

Advisory Commission for certification of energy efficiency of buildings

Article 15. Purpose and functions.

1. Advisory Commission for certification of energy efficiency of buildings, created by Article 14 of the Basic Procedure for certification of energy efficiency of new buildings, approved by Royal Decree 47/2007, of 19 January, as a body of permanent, depend organically from the Secretary of State for Energy, Ministry of Industry, Energy and Tourism.

2. It is for this Committee to advise the competent ministries in matters relating to the energy performance of buildings through the following actions:

a) Ensure the maintenance and updating of the basic procedure of certification of energy efficiency of buildings.

b) Analyse the results obtained in the practical application of the certification of energy efficiency of buildings, proposing measures and criteria for its correct interpretation and application.

c) Receive proposals and comments made the various public authorities, industry players and users and proceed to study and consideration.

d) To study international action in this area, and especially the European Union, proposing the corresponding actions.

e) Establish requirements for recognized documents for approval, the conditions for the validation of alternative and simplified software, and the procedure for recognition set by the Ministries of Industry, Energy and Tourism and Development.

f) Evaluate and recommend to the Secretary of State for Energy inclusion in the General Register of recognized documents of those who meet the requirements for approval.

Article 16. Composition

1. The advisory committee shall consist of the President, two Vice Presidents, the Members and the Secretary.

2. Will President the head of the Secretariat of State for Energy, which will be replaced in case of absence, vacancy or illness by the Vice President, and in his absence, by the Vice-second.

3. Vice will first head of the Directorate General of Architecture, Housing and Land Development Ministry, and will be a representative of Second Deputy Institute for Diversification and Saving of Energy.

4. Members of the Committee will be representatives appointed by each of the following entities.

a) On behalf of the Central Government:

i. A representative of the Ministry of Energy, Ministry of Industry, Energy and Tourism.

ii. A representative of the Directorate General for Energy Policy and Mines, the Ministry of Industry, Energy and Tourism.

iii. Two representatives of the Department of Architecture, Land and Housing, the Ministry of Development.

iv. A representative of the Department of National Heritage, the Ministry of Finance and Public Administration.

v. A representative of the Institute for Diversification and Saving of Energy (IDEA).

vi. A representative of the Institute of Building Sciences Eduardo Torroja Council for Scientific Research, the Ministry of Economy and Competitiveness.

vii. A representative of the Spanish Climate Change Office, Ministry of Agriculture, Food and Environment.

viii. A representative of the National Consumer Institute, the Ministry of Health, Social Services and Equality.

b) On behalf of the autonomous regions and local entities:

i. One member from each of the bodies in the energy certification of the Autonomous Communities and Cities of Ceuta and Melilla, which have voluntarily agreed to participate in this organ.

ii. One member proposed by the Association of Local Authorities with the highest state level implementation.

c) Representing industry players and users:

i. A member of the Council of Colleges of Architects of Spain.

ii. A member of the General Council of Official Colleges of Technical Architects.

iii. A member of the General Council of Industrial Engineers.

iv. One member of the General Council of Industrial Engineering.

v. A member representing the Union of Professional Engineers Associations (UPCI).

vi. A spokesperson representing the Institute of Engineers of Spain (INITE).

vii. Up to five representatives of national organizations with greater implementation, affected sectors and users related to energy certification, as provided in the following section.

5. The organizations representing the affected sectors and users, may apply for participation to the Chairman of the Advisory Commission. This regulation will set the procedure and requirements for admission, which should have a favorable opinion of the House.

6. The Secretary, with voice and vote, the member representing the Ministry of Energy, Ministry of Industry, Energy and Tourism, who is an official holder of an existing job.

Article 17. Organization.

1. The advisory committee will work in plenary, Standing Committee and Working Groups.

2. The Commission will meet in plenary matters which, having been under consideration by the Standing Committee and specific working groups, where appropriate, be deemed to be President because of their importance. Corresponding to the full approval of internal regulations. The Plenary will meet at least once a year, convened by its Chairman or at the request of at least one quarter of its members.

3. The Standing Committee shall exercise the powers delegated plenary, executed their agreements and coordinate specific working groups. It shall consist of the President, the two Vice-Presidents and Secretary. Besides the above, and on the invitation of the President will attend meetings of the members representing the Ministry of Industry, Energy and Tourism, the Ministry of Development, Ministry of Agriculture, Food and Environment, the Institute for Diversification and Saving Energy (IDEA), four representatives of the regions chosen in plenary and those directly affected by the nature of the business to be transacted.

4. The working groups will be formed to discuss specific matters delegated to them by the House relating to the functions of the advisory committee. Participation in addition to members of the advisory committee, representatives of the Administration, stakeholders and experts. They shall be appointed by agreement of the advisory committee, under the coordination of a member thereof.

5. The functioning of the Advisory Commission will be assisted with media personnel and equipment of the Secretary of State for Energy and will not increase any spending.

6. The Commission advises and techniques used computer and electronic media to facilitate the development of its business, according Law 11/2007 of 22 June, on electronic access of citizens to public services.

7. For proper functioning, in no particular provisions of internal rules, which will apply the provisions on corporate bodies listed in Chapter II of Title II of Law 30/1992, of 26 November, on the Legal Public Administrations and the Common Administrative Procedure.

CHAPTER V

Penalties

Article 18. Violations and penalties.

Failure to comply with the provisions contained in this basic procedure in any case be considered as infringement on certification of the energy performance of buildings shall be punished in accordance with the provisions of the Statutory rules and applicable.

Moreover, the failure of the rules contained in this basic procedure which constitute offenses in defense of consumers and users in accordance with paragraphs k) n) of Article 49.1 of the revised text of the General Law of Defense Consumers and Users, approved by Legislative Royal Decree 1/2007, of 16 November, will be punished according to the provisions of Chapter II of Title IV of the revised text quoted.