Energy Efficiency Certificate
This article details the latest notarial developments regarding the new energy certification regulations.
On June 1, the government approved, through Royal Decree 390/2021, a new procedure for energy efficiency certification in buildings. With this, the current governing body aims to comply with the new guidelines and policies demanded by the EU to primarily improve and advance greater energy efficiency across Europe.
What does this new decree entail?
Basically, a set of technical improvements regarding the process of preparing and issuing the energy efficiency certificate in buildings.
And regarding notarial practice?
As for notarial practice, which is the focus of this article, the key is to determine whether the clarifications provided by the energy efficiency certificate (EEC) are of private or public interest, as this affects its availability.
To clarify, the new EU Directive refers to technical matters such as: A new version of the content of the energy efficiency certificate, accompanied by procedural and quality improvements, and finally, the obligation for real estate entities to always show the certificate for properties they rent or sell.
Therefore, as previously mentioned, the purpose will be of a private nature and thus, the impact on the documentary and contractual aspect of notarial practice will not change; it will remain the same: Providing specific information to the client.
Given the above, are there changes in application?
In this case, we can affirm that the law does not require the energy efficiency certificate (also its label) to be mandatory in a notarial process or document. However, the EEC must be provided when there is first contact regarding the contract.
Having said that, here are some technical changes introduced by the new regulations:
- The exemption for limited-time use is eliminated.
- The exemption for premises used for industrial purposes remains in effect.
- The exclusion in cases of donation or dissolution of co-ownership remains.
- The exemption for parts of a building that cannot be considered habitable remains.
- The administration may require a new certificate and its registration.
- The validity period remains ten years, except for G-rated properties, which are now valid for 5 years.
- The Centralized Administrative Registry of energy evaluation reports for all buildings is established.
From a notarial point of view: What to do regarding the deed?
At this point, we can say that omissions in the notarial deed may incur penalties as stipulated in the new Royal Decree, but should not prevent the granting of the deed of sale or onerous transfer if the buyer, who is the recipient and beneficiary of the information provided by the EEC and the label, consents.
Are there substantial changes, then?
We can say that the new regulations have introduced some new aspects for notarial practice related to energy certificates but without significant or notable advancements.
Need more help? If you need a notary office in Barcelona you can contact us and we will answer any questions you have regarding the energy certificate and its implications for notarial matters.
