Penalties and fines
FAILURE TO comply with an Energy Efficiency Certificate aka Certificado de Eficiencia Energética is an offense under consumer protection law and is punishable according to the General Law on Protection of Consumers and Users and statutory rules. He or she may incur one or more of the following penalties;
- a fine by a local government body, and/or
- the contract of sale is declared invalid for failing to report properly to the buyer, and/or
- the seller will have to compensate the buyer or tenant for damages caused by the lack of information provided.
The fines to be imposed were published in the Official Gazette of the Spanish Government (BOE) on 27th June 2013;
- Minor offenses, a fine of 300-600 euros.
- Serious offenses, a fine of 601-1000 euros.
- Very serious offenses, a fine of 1001-6000 euros.
Real estate agents must display energy labels subject to the sale or lease of a property, both in their advertising and on their website, in accordance with the Royal Decree;
“The label (graph) will be included in any offer, promotion and advertising to the sale or lease of the building or building unit. The label should always appear, clearly and unequivocally”.
Property owners who rent should choose whether or not to obtain a certificate based on the article in the Royal Decree covering excluded buildings;
“Buildings for housing or parts of existing buildings, the use of which is less than four months a year, or for a limited time of a calendar year, or with an energy consumption forecast to be less than 25% used throughout year.”
If you use a rental agent, you should expect their insistence on providing them with an Energy Efficiency Certificate because they will be liable by the law if they fail to produce a certificate to prospective clients or they fail to display it when advertising the property.
An Energy Efficiency Certificate is not required for existing long term tenants, only if the tenancy changes after 1st June 2013. It is the responsibility of the owner of the property to keep a record of tenancy.