Dear lawyer, we have been told that when a property is sold in Spain, the seller must always provide the buyer with a certificate of the energy efficiency of the property. Is this correct? Is it necessary in all cases?
Dear reader, thank you for your enquiry.
The certificate to which you refer is regulated in the Royal Decree 235/2013, of 5th April, regarding the basic procedure for certifying the energy efficiency of buildings. The decree has origins in different European directives.
In general, both landlords and sellers of a property (it does not apply to the sale of land without any construction), must provide a certificate that includes relevant and objective information about the property (construction / building), so its energy efficiency can be assessed.
This certificate must be properly registered, and is usually obtained by an architect or other qualified professional. It can provide useful information since we would know what energy consumption the property that we want to buy or rent has, similar to knowing how much a fuel a motor car consumes, before deciding to buy it.
It can also provide interesting information about the elements that are less energy efficient on the construction, and therefore, if the property is to be reformed, what areas need to be improved.
However, there are exemption when the seller or landlord does not have to provide this certificate:
-. In the case of buildings or parts of buildings with a total useful area less than 50 m².
.- In the case of buildings purchased for major renovation or demolition.
.- In the case of buildings … which would be used for less than four months a year, etc.
You also should know that according to Article 11 of the Royal Decree, the energy performance certificate is valid for ten years. Therefore, if you are going to buy or sell a property that already has a certificate of this kind from a previous sale transfer, provided that it is no more than 10 years old, it would not be necessary to get a new one.
If you have any questions regarding buying or selling property in Spain, we can help, contact us.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
Spanish Law firm solicitor attorney barrister.
Alicante, Denia, Costa Blanca Marina Alta
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