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MINISTRY OF THE PRESIDENCY Royal Decree 235/2013, 5 April, by which the basic procedure for the certification of the energy efficiency for the buildings is approved. OFFICIAL BULLETIN OF THE STATE Number 89 Saturday 13 April 2013 Section I. Page 27548 BOE-A-2013-3904
The requirements regarding the energy certification of buildings established in the Directive 2002/91/EC of the European Parliament and the Council, 16 December 2002,were transposed in the Royal Decree 47/2007, 19 January, in which it was approved a basic Procedure for the certification of energy efficiency of new buildings, being pending to regulate, by another supplementary order, the energy certification of the existing buildings. Afterwards, the Directive 2002/91/EC of the European Parliament and the Council, 16 December 2002, has been modified by the Directive 2010/31/EU of the European Parliament and the Council,19 May 2010, regarding the energy efficiency of the buildings, what makes necessary to transpose again to the Spanish Legal Order the changes that it inserts. Although this transposition could be done by a new order which modified the Royal Decree 47/2007, 19 January, and that, at the same time, completed the transposition regarding the existing buildings, it seems to be appropriate because of administrative economy, it be done by one only order which combining what it is valid in the law from 2007, abrogates and completes it, adding the novelties from the new directive and it broadening its field to all the buildings, even the existing ones. So, by this Royal Decree it is partially transposed the Directive 2010/31/EU of the European Parliament and the Council, 19 May 2010, regarding the energy efficiency of the buildings, combining the Royal Decree 47/2007,19 January, with the adding of the basic Procedure for the certification of energy efficiency of existing buildings, paying attention to the experience of its implementation during these five years too. The Royal Decree establishes the duty of making available to the buyers or users of the buildings an energy efficiency certificate which will include objective information about the energy efficiency of a building and values of reference such as minimum requirements of energy efficiency so that the owners or the tenants of the building or any part of it ,may compare and evaluate its energy efficiency The minimum requirements of energy efficiency of the building or units of it are not included in this Royal Decree, because they are established in the Technical Code of the Construction. This way, valuing and comparing the energy efficiency of the buildings, the promotion of the buildings of high energy efficiency and the investment in energy saving will be favored. As well, this royal decree contributes to inform about the emission of CO2 because of the use of the energy coming from radiating sources in the residential area, what will facilitate, the adoption of measures to reduce the emissions and to improve the energy qualification of the buildings. It is established the basic Procedure that must fulfill the method of calculation of the qualification of the energy efficiency, taking account of those factors which have more incidence in its energy consume, and the technical and administrative conditions for the certifications of energy efficiency of the buildings.
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An additional order establishes that the certifications of buildings belonging to and occupied by the Public Administrations will be allowed to be done by competent technicians of their own technical services. By another additional order it is announced the duty required by the aforementioned Directive 2010/31/EU, which says that, since 31 December 2020, the new buildings must be of energy consume almost null, in the terms that in due form are fixed in its moment by the Code. Technician of the Construction, time that in the case of public buildings, it is advanced two years. A last additional order maintains as valid the advising Commission for the energy certification of buildings created by the Royal Decree 47/2007. 19 January. By several transitory orders it is established the deadlines for the adaptation of the basic Procedure to the existing buildings, for the obtaining of the certificate and the duty of exhibit the label of energy efficiency in buildings that provide public services, and for the duty of doing, by the competent agencies of the Autonomous Communities, a statistics inventory of the actions related to the certificates registered by them as a mechanism of vital importance for the planning of the improving actions of the energy efficiency of the existing park of buildings and the monitoring of the fulfillment of the rule. Also it is regulated the use of the common distinctive sign in the whole national territory named label of energy efficiency, warranting in any case the specificities that are necessary in the different Autonomous Communities. In the cases of the buildings that provide public services to an important number of persons and so are visited habitually by them, it will be obligatory the exhibition of this distinctive sign in a outstanding manner. By other hand, the advising Commission for the energy certification of buildings is entrusted to watch over the maintenance and updating of the basic Procedure of certification of energy efficiency of buildings. Lastly, it is specified a punishing regime with infractions and fines, according to what it is fixed in the valid regulation about protections of consumers and users, and regarding certification of the energy efficiency of the buildings. The legal base of the regulation of the certification of energy efficiency of the buildings that are by one side in the Legislative Royal Decree 1/ 2007, 16 November, by which it is approved the refunded text of the General Law for the defense of consumers and users and another supplement laws, and by other hand, and particularly for the existing buildings, in the article 83.3 of the Law 2/2011, 4 March, of Sustainable Economy, in which it is established that the certificates of energy efficiency for these buildings will be got according to the basic Procedure which be established in due form, in order to be available for the buyers or users of those buildings when they are sold or rented. In the same way, in the final fifty-first order of this very law the Government is allowed to approve in a period of 6 months the basic procedure of energy certification in existing buildings established in article 83.determining that in that statutory development are added, as a minimum, the assumptions of exception and the systems of certification fixed in the articles 4 and 7, respectively, of the Directive 2002/91/EC of the European Parliament and The Council, 16 December, 2002,about the energy efficiency of the buildings. This royal decree is dictated according to the competences that correspond to the State about the bases and coordination of the general planning of the economic activity, about protection of the environment and about bases of the mining and energy regime. This general order has been submitted to the proceeding of information about technical laws and rules and regulations about the services of the information Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es
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society, as fixed in Directive 98/34/EC of the European Parliament and the Council 22 June, modified by Directive 98/48/EC 20 July, as well as in the Royal Decree 1337/1999, 31 July, that incorporate these Directives to the Spanish civil code. As well, in order to fulfill what it is written in Law 50/1997, 27 November, from the Government, the project of the royal decree has been submitted to the obligatory process of audience by the publication of an announcement of the Energy Secretary of State in the "Official Bulletin of the State", and made available on the affected sectors in the electronic office of the Ministry of Industry, Energy and Tourism. In her authority, proposed by the Minister of Industry, Energy and Tourism and the Minister of Public Works, with the previous approval of the Treasury and Public Administrations Minister, in agreement with the Council of State and previously deliberated by the Council of Ministries in his meeting the 5th of April 2013 I ORDER: Only article. Approval of the basic Procedure for the certification of the energy efficiency of the buildings. 1- It is approved the basic Procedure for the certification of the energy efficiency of the buildings, which text is now included. 2. When buildings or unit of them are built, sold l or rented, the certificate of energy efficiency or a copy of it will have to be shown to the seller or new tenant, in the terms established in the basic Procedure. First additional order. Certifications of buildings belonging to and occupied by Public Administrations. For the buildings belonging to and occupied by the Public Administrations listed in article 2 of the Law 30/1992, 26 November, Legal Regime of the Public Administrations and of the Common Administrative Procedure, the certificates, external controls and the inspection, referred in article 7,8,9 and 10 of the basic Procedure approved by this royal decree, are allowed to be done by competent technicians of any of the services of those Public Administrations. Second additional order. Buildings that consumes almost no energy. 1. All the new buildings built since 31 December 2020 will be buildings that consume almost no energy. The minimum requirements that will be fulfilled by those buildings will be those which in its moment are decided in the Technical Code of the Construction. 2. All the new buildings which construction starts since 31 December 2018 that are going to be occupied and are of public ownership, will be buildings that consume almost no energy. Third additional order. Advisory Commission for the energy certification of the buildings. The advisory Commission for the certification of energy efficiency of buildings, created by Article 14 of the basic Procedure for the certification of energy efficiency of new buildings, approved by Royal Decree 47/2007, 19 January, by which it is approved the basic Procedure for the certification of the energy efficiency of new buildings, will go on existing, being regulated its aim, functions, composition and
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organization in the articles 15,16 and 17 of the basic Procedure which is approved in this royal decree. Fourth additional order. Another authorized technicians. Both the professional qualifications required to sign the certificates of energy efficiency and the means of accreditation will be decided by a joint order of the Ministers of Industry, Energy, Tourism and Public Works. For this purpose, it will be taken into account the degree, the training, the experience and the complexity of the process of certification. First Transitory Order. Adaptation to the Procedure. As a complement of the proceedings and plans already approved as recognized documents for the qualification of energy efficiency of new buildings, before 1 June 2013, the Ministry of Industry, Energy and Tourism, by the Institute of Energy Diversification and Saving (IEDS)will make available to the public the computer programs of qualification of energy efficiency for existing buildings, which will have to be applied in the whole national territory and will be estimated as a recognized document and, by other hand, a plan of training and information of the sectors affected by the certification of energy efficiency of existing buildings will be developed. The presentation or making available to the buyers or tenant of the certificate of energy efficiency of al the building or part of it, according to what it corresponds, will be required for the buy-sell or rent contracts done since that date. Second transitory order. Obtaining of certificate and duty of showing the label of energy efficiency in buildings of public audience. 1.The buildings or units of existing buildings occupied by a public authority referred in article 2.1.d) of the basic Procedure approved by this royal decree will have to get a certificate of energy efficiency since the date established in the first transitory order when its total useful surface is superior to 500 m2, and since 9 July 2015 when its total useful surface is superior to 250 m2, and since 31 December 2015, when its total useful surface is superior to 250 m2 and it is rented. 2. The buildings or units of buildings referred in article 13, paragraph 1, of the basic Procedure, will have the duty of showing their label of energy efficiency since the date written in the first transitory order. Third transitory order. Registration of the certificates of energy efficiency. 1. When this royal decree is into force, the competent authority in each Autonomous Community regarding the energy certification of buildings, will create the register for certification in its area referred in paragraph 6 from article 5, in order to fulfill the requirements of information established by Directive 2010/31(EU) of the Parliament and the Council, 19 May 2010, regarding the energy efficiency of the buildings. The register will permit to do labors of inspections and technical and administrative control written in articles 9 and 10 of the basic Procedure. As well it will make available to the public regularly updated registers of competent technicians or businesses that offer the services of experts of this kind and it will serve as an access to the information about the certificates to the citizens. In the treatment and publicity of the data of personal character of the persons the Organic Law 15/1999, 13 December, about Protection of Data of Personal Character Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es
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and its regulation of development approved by Royal Decree 1720/ 2007, 21 December will have to be fulfilled. 2. In a period of 3 months since the entry into force of this royal decree, the competent authority in each Autonomous Community: a) It will establish an inventory of the registered certificates since the entry into force of the Royal Decree 47/2007, 19 January. b) It will inform to the Ministries of Industry, Energy and Tourism and Public Works, of those things written in paragraph a) and since that date regularly every six months it will facilitate an statistic of the registered certificates and of the inspections and their results, in its area. Only derogatory order. Legal Derogation 1. It is abolished the Royal Decree 47/2007, 19 January, by which it is approved the basic Procedure for the certification of energy efficiency of new buildings. 2. As well, all the orders of equal or inferior rank which oppose to what it is established in this royal decree, are abolished Final First Order. Incorporation of the law of the European Union. By this royal decree it is incorporated to the Spanish law the regulation of the certification of energy efficiency of buildings written in the Directive 2010/31(EU) of the Parliament and the Council, 19 May 2010,regarding the energy efficiency of the buildings. Second final order. Competency Title. This royal decree has a basic character and is dictated because of the competency that the rules,13th,23th, and 25th of the article 149.1 of the Spanish Constitution, attribute to the State regarding bases and coordination of the general planning of the economic activity, protection of the environment and bases of the mining and energy regime. Third Final Disposition. Development and application By the Ministers of Industry, Energy, Tourism and Public Works will be dictated jointly or separately, according to their respective competencies, the orders that require the development and the application of this royal decree. Fourth final order. Entry into force. This royal decree will enter into force the following day of its publication in the "Official Bulletin of the State" Madrid, 5 April 2013 JUAN CARLOS R. The Vice-president of the Government and Minister of the Presidency SORAYA SÁENZ DE SANTAMARÍA ANTÓN
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BASIC PROCEDURE FOR THE CERTIFICATION OF ENERGY EFFICIENCY OF THE BUILDINGS
Index Chapter I- General Orders Article 1. Object, aim and definitions Article 2- Field of application Article 3. Recognized documents Chapter II. Technical and Administrative conditions Article 4. Qualification of the energy efficiency of a building Article 5. Certifications of the energy efficiency of a building Article 6. Contents of the certificate of energy efficiency Article 7. Certification of the energy efficiency of a new or restored building. Article 8. Certification of energy efficiency of an existing building Article 9. Control of the certificates of energy efficiency Article 10.Inspection Article 11.Validity, renovation and updating of the certificate of energy efficiency Chapter III. Label of energy efficiency Article 12.Label of energy efficiency Article 13.Duty of showing the label of energy efficiency in buildings Article 14. Information about the certificate of energy efficiency Chapter IV- Advisory Commission for the certification of energy efficiency Article 15. Object and functions Article 16.Composition Article 17-Organization Chapter V. Penalizing Regime Article 18. Infractions and penalties CHAPTER I General Orders Article 1. Object, aim and definitions 1. The object of this basic Procedure is to establish the technical and administrative conditions to carry out the certifications of energy efficiency of the buildings and the methodology to calculate its qualification of energy efficiency, estimating those factors which most influence in the energy consumption of the buildings, as well as the approval of the label of energy efficiency as a common sign in all the national territory. 2. The aim of the approval of this basic Procedure is the promotion of the energy efficiency, by the objective information which obligatorily will have to be given to the buyers and users regarding the energy characteristics of the buildings, in the form of a certificate of energy efficiency which allows to value and compare their benefits. 3.Regarding this basic Procedure the following definitions are established: a) Qualification of the energy efficiency of a building or part of it: expression of the energy efficiency of a building or part of it which is determined according to the methodology of calculation established in the recognized document corresponding to Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es
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the basic Procedure and it is expressed with energy indicators by the label of energy efficiency. b) Certification of energy efficiency of a project: process by which it is verified the acceptance of the qualifications of energy efficiency got by the project of execution and which leads to the dispatch of the certificate of energy efficiency of the project. c) Certification of energy efficiency of the finished building or part of it: process by which it is verified the acceptance of the qualification of energy efficiency got by the project of execution with the finished building or part of it, and which leads to the dispatch of the certificate of energy efficiency of the finished building. d) Certification of energy efficiency of existing building or part of it: process by which it is verified the acceptance of the qualification of energy efficiency got with the data calculated or measured from the existing building or part of it, and which leads to the dispatch of the certificate of energy efficiency of the existing building. e) Certificate of energy efficiency of the project: Documentation signed by the designer as a result of the process of certification, which contains information about the energy characteristics and the qualification of energy efficiency of the project of execution. f) Certificate of energy efficiency of the finished building: documentation signed by the project management of the building by which it is verified the acceptance of the energy characteristics and the qualification of energy efficiency got by the project of execution with the one of the finished building. g) Certificate of energy efficiency of existing building: documentation signed by the competent technician which contains information about the energy characteristics and the qualification of energy efficiency of an existing building or part of it. h) building: a roofed construction having walls, for which energy is used to condition the indoor climate; a building may refer to the building as a whole or parts thereof that have been designed or altered to be used separately i) Energy efficiency of a building’: the amount of energy actually consumed or estimated to meet the different needs associated with a standardized use of the building, which may include, inter alia, heating, hot water heating, cooling, ventilation and lighting. J) Element of a building: technical installation of the building or element of the covering of the building k) Primary energy; energy coming from renewable and non renewable sources which hasn´t undergone any process of conversion or transformation l) Energy coming from renewable sources: energy coming from renewable non fossil sources, we mean, wind, solar, air-thermal, geothermal, water-thermal and oceanic, hydraulic, biomass, gas from rubbish dump, gas from depuration plants and biogas energy m) Label of energy efficiency: sign that shows the level of qualification of energy efficiency got for the building or unit of the building n) Covering of the building: integrated elements that divide its indoor from the outdoor. o) Technical installation of the building: technical equipments devoted to heating, refrigeration, ventilation, production of hot sanitary water or illumination of a building or an unit of it, or a combination of these functions, as well as the installations of control and administration p) Competent technician: Technician who has any of the academic and professional titles enabling for the compositions of projects or management of execution of works of construction or for the achievement of projects of their thermal installations, Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es
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according to what it is established in the Law 38/1999, 5 November, about Order of the Construction, or for the subscription of certificates of energy efficiency, or have proved the professional qualification necessary to sign certificates of energy efficiency according to what it is established by the order written in the fourth final order. q) Assistant technician of the process of certification of energy efficiency of buildings: technician who has a professional title, which one of his competence is the cooperation as an assistant of the competent technician in the process of energy certification of buildings. r) Part of a building: unit, plant, housing or apartment in a building or establishments devoted to independent use or different legal ownership designed or modified for its independent use. Article 2. Field of application 1. This basic Procedure will have to be applied to: a) New buildings b) Buildings or parts of existing buildings sold or rented to a new tenant, whenever they have not a valid certificate c) Buildings or part of buildings in which a public authority occupy a total useful surface superior to 250m2 and which are habitually visited by the public 2. Excluded from the field of application: a) Buildings and monuments officially protected as part of a designated environment or because of their special architectural or historic merit b) Buildings or parts of buildings used exclusively as places of worship and for religious activities c) Temporary buildings with a planned time of use of two years or less d) Industrial, defense or agricultural buildings or part of them, in the part devoted to workshops, industrial, defense and agricultural non-residential processes e) Stand-alone buildings with a total useful floor area of less of 50m2 f) Buildings bought for important changes or demolition g) Existing buildings of housings or parts of them, which are intended to be used less than four months of the year, or for a limited time of a year and with an energy consumption less than 25% if it were used during all the year, whenever it is written in a responsible declaration of the owner of the housing. Article 3. Recognized documents 1. In order to facilitate the fulfillment of this basic Procedure the recognized documents for the certification of energy efficiency are created, being defined as technical documents, without statutory character, which have the joint recognition of the Ministry of Industry, Energy and Tourism and the Ministry of Public Works. 2.The recognized documents will be allowed to have the following contents: a) Computer programs of qualification of energy efficiency b) Specifications and technical guides or commentaries about the technicaladministrative application of the certification of energy efficiency. c) Any other document that facilitates the application of the certification of energy efficiency, excluded those which refer to the use of a product or system or under patent 3. It is created in the Ministry of Industry, Energy and Tourism, attached to the State Secretary of Energy, the general Register of recognized documents for the certification of energy efficiency, which will have a public and informative character. The recognized documents according to the Royal Decree 47/2007, 19 January, are automatically incorporated to this register. Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es
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CHAPTER II Technical and administrative conditions Article 4- Qualification of the energy efficiency of a building 1. The proceedings for the qualification of energy efficiency of a building must be recognized documents and been registered in the General Register referred to in paragraph 3. 2.When components, strategies, equipments and/ or systems which are not included in the available programs are used, in order to be estimated in the energy qualification, the proceeding established in the information document of "Acceptance of singular solutions and additional capacities to the programs of reference and alternative of qualification of energy efficiency of buildings" will be used, available in the general Register referred in the article
Article 5. Certification of the energy efficiency of a building 1. The developer or owner of the building or part of it, a new or an existing one, will be responsible to request the carrying out of the certification of energy efficiency, or of its part, in the cases that it is obliged by this royal decree. Also he will be responsible to keep the documentation. 2. For the units of a building, as housings, or for the establishments devoted to independent use or different legal ownership, situated in the same building, the certification of energy efficiency will be based, as a minimum, in an only certification of the whole building. or alternatively, in one or several housings or establishments representative of the same building, with the same energy characteristics. The establishments devoted to an independent use which are not defined in the project of the building, in order to be used afterwards, must be certified before the opening of the establishment. In the case that the use of the establishment has an industrial character the certification will not be compulsory 3. The certification of one family housings will be allowed to be based in the evaluation of another representative building which design and size are similar and with a similar real energy efficiency, if the competent technician who signs the certificate of energy efficiency can warrant that symmetry. 4.The certificate of energy efficiency will give information exclusively about the energy efficiency of the building and it will no suppose in any case the certification of the fulfillment of any other requirement for the building. This will have to fulfill previously the minimum requirements of energy efficiency fixed by the valid regulation in the moment of its construction. 5. During the process of certification, the competent technician will do the necessary tests and confirmations, in order t establish the conformity of the information contained in the certificate of energy efficiency with the building or the part of it. 6. The certificate of energy efficiency of the building must be presented, by the developer , or owner, in its case, to the competent authority of the Autonomous Community regarding energy certification of buildings, for the registry of these certifications in its territory area. 7.The certificates of energy efficiency will be available to the competent authorities regarding energy efficiency or construction which require them for inspection or another reason, incorporated to the Book of the building, in the case that its existence is obligatory, or in the power of the owner of the building or of the part of it, or of the president of the community of owners. Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es
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Article 6. Contents of the certificate of energy efficiency The certificate of energy efficiency of the building or part of it will contain as a minimum the following information: a) Identification of the building or part of it which is certified, including its cadastral reference. b) Indication of the recognized proceeding referred to in article 4 used to get the qualification of energy efficiency. c) Indication of the regulations about saving and energy efficiency applicable in the moment of its construction. d) Description of the energy characteristics of the building: thermal covering, thermal and illumination installations, normal conditions of functioning and occupation, conditions of thermal and lighting comfort, quality of the indoor air and other data used to get the qualification of energy efficiency of the building e) Qualification of energy efficiency of the building expressed by the energy label f) For the existing buildings, document of recommendations for the improvement of the optimum or profitable levels of the energy efficiency of a building or part of it , unless it doesn´t exist any reasonable potential for that kind of improvement comparing with the in force requirements of energy efficiency. The recommendations included in the certificate of energy efficiency will be about: i. The measures applied regarding the important changes of the covering and the technical installations of a buildings and, ii.The measures regarding elements of the building, independently of the carrying out of important changes of the covering or the technical installations of a building. The recommendations included in the certificate of energy efficiency will be technically viable and will be allowed to include an estimation of the periods for recovering the investment or profitability during his useful live. It will contain information addressed to the owner or tenant about where to get more detailed information, including information about the relationship cost-efficiency of the recommendations written in the certificate. The evaluation of that relationship will be done according to some standardized criteria such as the evaluation of the energy saving, the underlying prices of the energy and a forecast of costs. By other hand, it will inform about those things that should be done in order to put into practice the recommendations. As well it will be allowed to provide to the owner or tenant information about another related themes, just as energy audits or other kind financial incentives and possibilities of financing. For this purpose, the criteria belonging to the Delegated Regulation (EU) n.º 244/2012 of the Commission,16 January 2012, which allows to calculate the optimal level of profitability of the minimum requirements of energy efficiency of the buildings and their elements will be allowed to be applied g) Description of the tests and confirmations carried out, in its case, by the competent technician during the phase of energy qualification. h) Fulfillment of the environmental requirements for the thermal installations Article 7. Certification of the energy efficiency of a new building. 1.The certification of energy efficiency of a new building or part of it, will have two parts: the certification of energy efficiency of the project and the certification of energy efficiency of the finished building. Both certificates will be allowed to be signed by any competent technician, according to what it is written in article 1.3.p). 2.The certificate of energy efficiency of the project will be incorporated to the project of execution, expressing the veracity of the information contained in it and the conformity between the qualification of energy efficiency got with the project of execution of the building. Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es
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3. The certificate of energy efficiency of the finished building will express that the building has been carried out according to what it is established in the project of execution and consequently the qualification indicated in the certificate of energy efficiency of the project is got. When that qualification isn´t got, in a sense or other, the first certificate of energy efficiency of the project will be modified in due manner
Article 8. Certification of energy efficiency of an existing building The certificate of energy efficiency of a existing building will be signed by a competent technician according to what it is written in article 1.3 p) who will be freely elected by the ownership of the building. In the process of energy certification the competent technician will be allowed to have the cooperation of assistant technicians of the certifications of energy efficiency of buildings, as much for the taking of data, the use of tools and computer programs recognized for the energy qualification, definitions of measurements to improve the energy efficiency, and to manage the administrative steps and the documentation related to the process of inspection and energy certification. Article 9. Control of the certificates of energy efficiency 1. The competent authority of the Autonomous Community regarding the certification of energy efficiency of the buildings will establish and apply a system of control independent from the certificates of energy efficiency. 2. The control will be done on a selection at random of a least a proportion statistically significant of the certificates of energy efficiency annually signed and will have at least the following actions or another equivalent ones a) Verification of the validity of the basic data of the building used to sign the certificate of energy efficiency, and the results written in it. b) Complete verification of the data of base of the building used to sign the certificate of energy efficiency, complete verification of the results written in the certificate, including the recommendations and visit in situ of the building, in order to verify the conformity between the specifications written in the certificate of energy efficiency and the certified building. 3. The carrying out of the control will be done by the competent authority of the Autonomous Community which will be allowed to delegate this responsibility in independent agents authorized for this purpose. The authorized agents will be control agencies or entities which fulfill the requirements established in the Royal Decree 410/ 2010, 31 March, for the exercise of its activity in the regulated field of the thermal installations, or independent competent technicians. 4. When the qualification of energy efficiency got by this external control is different from the first one, as a result of the differences with the written specifications, the developer or owner will be said, in its case, the motivated reasons and a fix period for its correction or presentation of statements in case of disagreement, before proceeding, in its case, to the change of the qualification. Article 10- Inspection
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The competent authority of the Autonomous Community regarding the energy certification of buildings will decide as many inspections are necessary in order to verify and watch over the fulfillment of the certification of energy efficiency of buildings Article 11- Validity, renovation and updating of the certificate of energy efficiency 1.- The certificate of energy efficiency will be valid during 10 years. 2. The competent authority of the Autonomous Community regarding the energy certification of buildings will establish the specific conditions to proceed to its renovation or updating. 3. The owner of the building will be responsible of the renovation or updating of the certificate of energy efficiency according to the conditions established by the competent authority of the Autonomous Community. The owner will be allowed to proceed voluntarily to is updating, when he estimates that it exists variations in any aspect of the building that may change the certificate of energy efficiency CHAPTER III Label of energy efficiency Article 12. Label of energy efficiency 1.The obtaining of the certificate of energy efficiency will grant the right of use, during the validity period of it, of the label of energy efficiency, which contents are in the recognized document belonging to the label of energy efficiency, available in the general Register referred in article 3. 2. The label will be included in every offer, promotion and advertising leading to the sale or renting of the building or unit of the building. It will have to be always in the label, in a clear and unmistakable manner, if it refers to the certificate of the energy efficiency of the project o to the finished building. 3. It is forbidden the exhibition of labels, marks, symbols or inscriptions referred to the certification of energy efficiency of a building that doesn´t fulfill the requirements written in this basic Procedure and that can lead to mistake or confusion. 4. In order to get what it has been previously established, in no case it will be allowed to register the label as a mark. Article 13. Duty of showing the label of energy efficiency 1. All the buildings or units of buildings of private ownership which are habitually visited by the public, with a total useful surface superior to 500m2, will show the label of energy efficiency compulsorily, in a outstanding and well visible place, when its obtaining is compulsory. 2. All the buildings or part of them occupied by the public authorities and which are habitually visited by the public,, with a total useful surface superior to 250m2, will show the label of energy efficiency compulsorily, in an outstanding and well visible place.
Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es
Ilustre Colegio de Abogados de Cádiz Member 2745 www.icadiz.net
3. For the rest of the cases the public exhibition of the label of energy efficiency will be voluntary, and according to what it is established by the competent authority of the Autonomous Community. Article 14. Information about the certificate of energy efficiency 1. When a building is sold or rented, before its construction, the seller or the lesser will facilitate his qualification of energy efficiency of project issuing the certificate of the finished building once the building has been built. 2. When the existing building is sold, it all or part of it, the certificate of energy efficiency will be made available for the buyer. When the aim of the contract is the renting of all or part of the building, it will be enough the exhibition and making available to the tenant a copy of this certificate. 3. The competent authority of the Autonomous Community will decide the way to include the certificate of energy efficiency of the buildings, in the information that the seller must give to the buyer, according to what it is established about transparency and information to the consumers in article 83 of the Law 2/2011,4 May, about Sustainable Economy.
CHAPTER 4 Advisory Commission for the certification of energy efficiency of buildings Article 15. Object and functions. 1. The advisory Commission for the certification of energy efficiency of buildings, created by article 14 of basic procedure for the certification of energy efficiency of new buildings, approved by royal decree 47/2007, 19 January, as a collegiate permanent authority, will depend organically from the State Secretary of Energy of the Ministry of Industry, Energy and Tourism. 2. It corresponds to this Commission to advise to the competent Ministries, regarding the certification of energy efficiency of the building by the following actions: a) Watching over the maintenance and updating of the basic Procedure of certification of energy efficiency of buildings b) Analyzing the results got in the practical application of the certification of energy efficiency of buildings, proposing measures and criteria for its correct interpretation and application. c) Receiving the proposals and commentaries done by the public Administrations, agents of the sector and users and study and estimate them. d) Studying the international actions about the topic, and especially those in the European Union, proposing the corresponding actions.
Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es
Ilustre Colegio de Abogados de Cádiz Member 2745 www.icadiz.net
e) Establishing the requirements that must fulfill the recognized documents for its approval, the conditions for the validity of the alternative and simplified computer programs and the proceeding for its joint recognition by the Ministries of Industry, Energy , Tourism and Public Works. f) Evaluating and proposing to the Secretary of State for Energy the inclusion in the general Register of recognized documents of those that fulfill the requirements established for its approval. Article 16. Composition 1. The advisory Commission will be composed by the President, two vice-presidents, the board members and the Secretary. 2.The President will be the office holder of the Secretary of State for Energy, which will be substituted in case of absence, vacant or illness by the first vice-president, and in absence of this one, by the second Vice-president 3. The first Vice-president will be the office holder in the General Management of Architecture, Housing and Land of the Ministry of Public Works, and the second vicepresident will be a representative of the Institute for the Diversification and Saving of the Energy. 4. The board members of the Commission will be the representatives designated by these entities: a) Representing the General Administration of the State: i. A representative of the Secretary of State for Energy of the Ministry of Industry, Energy and Tourism. ii. A representative of the General Management of Energy and Mining Policy, of the Ministry of Industry, Energy and Tourism iii. Two representatives of the General Management of Architecture, Housing and Land, of the Ministry of Public Works. iv. A representative of the General Management of Patrimony of State, of the Treasury and Public Administrations Ministry v. A representative of the Institute for the Diversification and Saving of the Energy (IDAE) vi. A representative of the Institute of Sciences of the Construction Eduardo Torroja of the Superior Council of Scientific Investigations, of the Ministry of Economy and Competitiveness. vii. A representative of the Spanish Office of Climate Change, of the Ministry of Agriculture. Power and Environment. viii. A representative of the National Institute of Consume, of the Health. Social Services and Equality Ministry b) Representing the Autonomous Communities and the local Entities: i. A board member by each competent authorities regarding energy certification of the Autonomous Communities and the towns of Ceuta ad Melilla, that voluntarily have accepted his participation in this authority ii. A board member proposed by the association of Local Entities with most implantation in the State Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es
Ilustre Colegio de Abogados de Cádiz Member 2745 www.icadiz.net
c) Representing the agents of the sector and users: i. A board member of the Superior Council of the Colleges of Architects of Spain ii. A board member of the General Council of Official Colleges of Building Engineers and technical Architects. iii. A board member of the General Council of Official Colleges of Industrial Engineers. iv. A board member of the General Council of the Technical Industrial Engineering v. A board member representing the Professional Union of Colleges of Engineers (UPCI). vi. A board member representing the Institute of Technical Engineers of Spain (INITE). vii. Until five representatives of the national organizations with most implantation, of the sectors affected and of the users related with the energy certification, according to what it is established in the next paragraph. 5. The representative organizations of the affected sector and users, will be allowed to request its participation to the President of the advisory Commission. This will fix in due form the proceeding and the requirements for the admission, which will need the favorable opinion of the Plenary Session. 6. It will act as Secretary, with voice and vote, the board member representing the State Secretary of Energy of the Ministry of Industry, Energy and Tourism, who will be a civil servant holder of a job already existing Article 17 Organization 1. The advisory Commission will function in Plenary Session, in permanent Commission and Groups of work 2. The Commission will judge in Plenary Session those matters that, after having been estimated by the permanent Commission and the Groups of specific works, in its case, the President estimates that must be ,according to its importance. It will correspond to the Plenary Session the approval of the regulations of interior regime. The Plenary Session will meet as a minimum a year, convened by its President, or by petition of, at least, a quarter of its members. 3. The permanent Commission will exert the competencies that the Plenary Session delegates on it, it will execute its agreements and will coordinate the groups of specific works. It will be composed by the President, two vice-presidents and the Secretary. As well as the aforementioned, and previously convened by the President, the board members representing the Ministry of Industry, Energy and Tourism, the Ministry of Civil Works, The Ministry of Agriculture, Power, and Environment, the Institute of Diversification and Saving of the Energy (IDAE), four representatives of the Autonomous Communities elected in the Plenary Session and those who are directly affected by the matter to be treated will attend its meetings 4. The Groups of work will be constituted to analyze those specific matters that the Plenary Session delegate them, related to the functions of the advisory Commission .It will be allowed to participate, as well as the members of the advisory Commission, representatives of the Administration, of the interested sectors, and experts in the matter. They will be designated by an agreement of the advisory Commission, coordinated by a member of it. 5. The functioning of the advisory Commission will be attended with the means of the staff and material of the State Secretary of Energy and it will not suppose any increase of public expense.
Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es
Ilustre Colegio de Abogados de CĂĄdiz Member 2745 www.icadiz.net
6. The advisory Commission will use the techniques and electronic and computer means that facilitate the development of its activity, according to the Law 11/2007, 22 June, about electronic access of the citizens to the Public Services. 7. In order to work suitably, in those issues not written in the Regulations of the interior regime, the forecasts about collegiate authorities written in chapter ii, title ii. of the Law 30/1992,26 November, about Legal Regime of the Public Administrations and the common Administrative Procedure will be applied. CHAPTER V Penalising Regime Article 18. Infractions and fines The non- fulfillment of the precepts contained in this basic procedure, will be estimated in every case as an infraction regarding the certification of the energy efficiency of the buildings and will be punished according to what it is decreed in the legal rules that must be applied. A well, the non- fulfillment of the precepts contained in this basic procedure that are infractions regarding the defense of the consumers and users according to what it is established in the paragraphs n) and k) of the article 49.1 of the refunded text of the General Law for the Defense of Consumers and Users approved by Royal Legislative Decree 1/2007, 16 November, will be punished according to what it is established in chapter II, title IV of this refunded text.
Costa Luz Lawyers C/ Ancha 30, 3º - 11201 Algeciras - (t) +34 956.092.687 - (f) +34 956.092.697 mldecastro@costaluzlawyers.es – marialuisa@costaluzlawyers.es