Breach of Regulation on Energy Certificates

11 July 2013

On June 27, 2013, Spain’s Official State Bulletin (BOE) published Law 8/2013 on urban rehabilitation, regeneration and renovation, which came into force the day after said publication. Actions concerning Energy Certificates for properties are listed in the Third and Fourth Additional Provision. See Royal Degree 235/2013 for what is considered an administrative infringement (Third Additional Provision) and what, in turn, could impose economic penalties (Fourth Additional Provision).

Different levels of infringements are established: minor, serious and very serious infringements.

In effect, repeating an action that is considered a serious infringement is classified as a case of very serious infringement. Renting out a property without providing the lessee with a valid energy certificate which is duly registered in the corresponding Register of the Autonomous Community in question, constitutes a serious infringement.

Economic penalties for minor infringement amount to €300-€600, whilst serious infractions may be fined by up to €1,000. Very serious infringements are fined with sums of up to €6,000. For specific cases in which the profit gained from the offender’s infringement is larger than the corresponding penalty, the penalty may be imposed to amount to the profit earned.

For further information, please contact Philipp von Wolffersdorff: phwolffersdorff@mmmm.es