Owners selling or renting responsible for the energy certificate.

Owners selling or renting responsible for the energy certificate.

Since approval of Royal Decree 235/2013, of April 5, which requires owners who sell or rent to have an energy certificate, the question that I mostly have been asked is who is responsible for the sales/rent advertisement without having the energy rating label. Here on, I wish to report that this responsibility lies with the homeowner alone and not the real estate.


Consequently, and in view of the provisions of the said RD, I appeal all new or second hand homeowners as not only is their obligation to provide a copy of the energy label for publication in the notice of sale or rent, but also to ask the technician who performs the certification that it is dully registered in the corresponding body. Regarding the sale deed of the property, the seller and buyer will be advised by the notary in the case of not having the energy certification.

Owners who engage in this irresponsible action will be the subject of sanctions, which will vary in accordance to the violation being minor, serious or very serious:
- Very serious infringements :
a) Alter information on the issue or registration of energy performance certificates.
b ) Advertise the sale or rental of buildings or parts of buildings, with an energy efficiency rating that is not supported by a valid certificate duly registered.
- Serious infringements:
a) Breach of the obligation to present the energy performance certificate to the competent body of theregion on energy certification of the building where it is located for registration.
b) Not include the energy performance certificate in project of the building plans.
c) Display a label that does not correspond to the energy performance certificate validly issued, registered and in force.
d) To sell or rent a property without the seller or owner delivering the energy performance certificate, valid registration and valid, to the buyer or tenan.
- Minor infringements:
a) Advertise the sale or rental of a property that must have energy performance certificate without reference to its energy efficiency rating.
b) Not displaying the energy efficiency label in cases in which it mandatory.
c ) Not meeting the obligations of renewal or upgrading energy performance certificates.
d) Not to including the energy performance certificate of the completed building in the building book.
e) Displaying energy efficiency label format and content without the legally established minimum.
These offenses will be penalized as follows:
a) minor offenses, a fine of 300-600 euros.
b ) serious offenses, a fine of 601-1000 euros.
c ) very serious offenses, a fine of EUR 1001-6000 euros.