When is an Energy Certificate Mandatory? The Complete Guide for Property Owners

 

There are three circumstances that bring up the question of whether an energy certificate is mandatory. We'll explain them in case you find yourself in any of these situations, as otherwise you could face penalties.

If you're thinking about selling, renting, or renovating a property, you'll encounter an increasingly common requirement: the energy certificate. When is it mandatory? For what type of properties? What happens if you don't have one? In this article, we resolve all your doubts about the mandatory nature of the Energy Efficiency Certificate (EEC).

Energy Efficiency Certificate: When is it Mandatory?

The energy certificate is mandatory in cases of sale or rental, whether for residential properties, commercial premises, or other types of real estate, except for the following exceptions:

• Isolated buildings with total usable area less than 50 m².
• Industrial, defense, and agricultural buildings without residential use intended for workshops and processes.
• Renovations or extensions where less than 25% of the building's total final thermal envelope is involved. In case of applying for public aid aimed at optimizing energy efficiency, it will be mandatory to have the EEC before and after the improvements.

Is an Energy Efficiency Certificate Mandatory for Selling?

Yes, the energy certificate is mandatory for selling a property, as indicated above. The seller is responsible for having the energy certificate before advertising the sale; once advertised, the energy rating must be displayed, and at the signing of the sales contract, it must be delivered to the buyer, otherwise they will be penalized, as we'll see later.

Is an Energy Certificate Mandatory for Renting?

The EEC is also mandatory for renting a property. As with sales, the certificate must be available before advertising the rental and a copy must be delivered to the tenant at the time of contract signing. This applies to both long-term and temporary rentals, provided they exceed 4 months of annual use, even if by different tenants.

Energy Certificate Requirements for Commercial Premises

Energy certificates for commercial premises are subject to the same regulations as residential properties: if they are to be sold or rented, they must have their corresponding energy efficiency certificate. However, if the premises is empty, unconditioned, and will be completely renovated after the transaction, it is not necessary to obtain the certificate before its sale or rental. In that case, it must be reflected in the contract that it will be the responsibility of the buyer or tenant once the premises adaptation is carried out.

Since When is an Energy Certificate Mandatory?

Since June 1, 2013, this document has been mandatory in the aforementioned circumstances and regardless of the property's energy rating. In the case of newly constructed buildings, regulations already required obtaining it since 2007.

Is it Mandatory to Have an Energy Certificate Endorsed?

No, it is not mandatory to have it endorsed. The energy certificate must be prepared by a technician (architect or engineer), but does not require professional college endorsement. However, it is mandatory to register it with the competent body of each autonomous community to make it official and be able to issue the energy label with the property's rating.

What Happens if There's No Energy Certificate?

The lack of an energy certificate is a sanctionable infraction and fines for not having the EEC range from 300 to 6,000 euros, depending on the severity and non-compliance (for example, falsifying the label or not delivering it). Additionally, not having one not only generates distrust in the buyer or tenant, but also delays the transaction.

Who Pays for the Energy Certificate?

The property owner is the one who must assume the cost of the energy certificate, whether for a sale or rental. It is their responsibility to hire the technician, pay the fees, and register the document in the autonomous community, a procedure that the professional handles.

The certificate price varies according to location, size, and uniqueness of the property. For apartments up to 250 square meters, the price of an EEC issued by Tinsa by Accumin in accordance with Royal Decree 390/2021, and properly registered with the competent body, ranges between 90 and 135 euros. In the case of single-family homes or villas, the cost usually starts from 150 euros, also depending on the location and characteristics of the property.

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