Mil Palmeras Property Sales

Did you know…….

Spain has introduced a new law (Real Decreto 235/2013) obliging property owners to get energy efficiency certificates before they can sell or rent their homes, in line with other European countries.

The decree establishes the requirements to make available for buyers and tenants an energy efficiency certificate providing objective information on the energy characteristics of the existing property.  This allows the public and potential buyers or lessors to assess and compare the energy characteristics of different buildings in their decision prior to procurement or signing of a lease.

The energy certificate must be registered by the property owner with the Autonomous Administration.  The Autonomous Administration may keep a record of these certifications in its territory and it is anticipated they will take into account the energy efficiency rating of the existing buildings in its jurisdiction to regulate a greater, or lower, tax burden based on the energy rating of the individual properties.

The Owner of the property (or Owner of individual apartment units) acting as Seller or Landlord is responsible for commissioning the completion of the energy efficiency certificate.  The energy label must be shown as part of the advertising for the properties sales or lease, and:

• For a sale, the seller must provide the buyer (at the notary) with an original copy of the certificate
• For a rental or lease,  a photocopy of the current certificate must accompany the leasing documentation

Once the original certificate is obtained, the Certificate and its corresponding energy efficiency label are valid for 10 years.  During this time, the property Owner must maintain the relevant documentation; after the 10 year period, it is the responsibility of the property owner to re-validate the Certificate and associated label.

The Real Decreto 235/2013 is part of a larger initiative by the government to push the building stock in Spain towards a more energy efficient future.  It follows other European nations who have institute the same, or a similar rating system over the past few years and completes the implementation of the Directive 2002/91/EC from the European Parliament and of the European Council which signed into law December 16th, 2002.    This Directive established the framework for determining the energy performance of all buildings and established the obligation to provide an energy performance certificate to buyers or tenants in contracts for sale or lease.  On April 5th, 2013 the Real Decreto 235/2013 was signed into law and initiated on June 1st, 2013.  This is the first energy efficiency legislation to be applied to existing buildings and is focused on residential units.

The decree is administered locally in Catalonia by ICAEN (Instituto Catalán de Energía) under the larger, national IDAE (Instituto para la Diversificación y Ahorro de la Energía).

Source:Spanish property Insight 2013

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