All rental properties should consider obtaining an EEC

SPARKS SAYS renters should avoid having their property put under a magnifying glass and obtain an Energy Efficiency Certificate. Here’s the reason why…

Exemptions for the EEC are stated in article 2.2 of the Royal Decree:

“Buildings for housing or parts of existing buildings, the use of which is less than four months a year, or for a limited time of a calendar year, or with an energy consumption forecast to be less than 25% used throughout year.” The article also stipulates, “It will be the responsibility of the owner to keep a record.”

General legal advice currently being given to renters is that if you rent a property for "less than four months a year" you are exempt from obtaining an EEC. However, the article does not equivocally state that if you rent a property for "less than four months a year" it is completely exempt… there are other factors to consider.

The energy consumption of a building used for four months of the year will be more than 33%. To "forecast energy consumption less than 25%" only covers the building for up to three months a year. Holiday tenants also tend to consume more energy than average.

Show me an owner that will “keep a record” and I’ll show you a property on the Costa Blanca with an A energy rating.

Do you really want to have to prove to a government official how many weeks a year the property is let? Do you really want to permit a government official access to your tenancy records? Do you really want to argue a case, even if you are right, knowing a government official will have the final word on whether or not to penalize you?

Would it not be preferable to avoid confrontation and just obtain an EEC? (Something called “covering your arse” where I come from). The certificate is valid for 10 years and could save a lot of aggravation.

There are a lot of “what if’s”, however the letter of the law for rental properties is not simply a case of “less than four months a year.”

Sparks teams up with Valentine Property Sales

CATHY GALLAGHER of Valentine Property Sales has been promoting and selling property on the southern Costa Blanca for more than 20 years. She runs her own overseas property company here in Spain, the UK and Bulgaria.

“The business has always been family-run” says Cathy, “our work ethic is to always give as personal a service as we can, based on honesty, trust and building good lasting relationships.”

Valentine Property Sales provide a wide range of professional services, everything from viewing trips, property valuations and mortgage advice right through to an after sales service. Take a look at some of the beautiful homes and locations they have to offer.

Real Estate Agents interested in using a provider for the Energy Efficiency Certificate are welcome to contact us for information about our discount rates package.

Discounts for Real Estate Agents

SPARKS ANNOUNCES its special discount package for Real Estate Agents. We have designed a very competitive discount scheme to help Real Estate Agents provide their clients with an Energy Efficiency Certificate whilst also ensuring they are legally covered to market the property. 

With only three days left before the new law comes in to force on 1st June, Real Estate Agents are resigned to the fact that as from this Saturday it is a legal requirement for vendors to obtain an EEC before a property can be advertised. The vendor must make an EEC available to prospective purchasers. 

The energy efficiency label must be displayed on all advertising. Article 12.2 of the Royal Decree states: “The label will be included in any offer, promotion or advertising relating to the sale or lease of the building or building unit. The label should always appear clearly and unequivocally, whether it relates to the energy performance certificate or the finished or existing building.”

Real Estate Agents interested in using a provider for the Energy Efficiency Certificate are welcome to contact us for information about our discount rates package.

The 50 m² Rule and other exemptions

BUILDINGS FOR sale that are exempt from obtaining an Energy Efficiency Certificate from 1st June 2013 are detached or stand alone buildings with a total floor area of less than 50 square metres, e.g. sheds, summer houses, etc.

Other exemptions stated in article 2.2 of the Royal Decree include enlisted buildings, places of worships, temporary buildings, workshops and agricultural buildings e.g. barns, major renovations and demolitions, plus buildings used less than 4 months of the year or that have an energy consumption lower than 25% of which would be used throughout the year.

Apathy to the EEC by Real Estate Agents and Solicitors

REAL ESTATE agents are burying their heads in the sand about the new law governing the Certificado de Eficiencia Energética. We have also received emails about solicitors ill advising vendors on the legal requirements, some saying it is not necessary until the sale goes to the notary.

From 1st June 2013 it is illegal to market a home for sale in Spain without an Energy Efficiency Certificate. It is a legal obligation for the vendor to make available to prospective purchasers an Energy Efficiency Certificate. The energy efficiency label must be displayed when the property is being marketed. 

Article 12.2 of the Royal Decree states the obligation to the vendor: “The label will be included in any offer, promotion and advertising relating to the sale or lease of the building or building unit. The label should always appear clearly and unequivocally, whether it relates to the energy performance certificate or the finished or existing building..”

Detached homes with a total floor area less than 50 square metres are exempt from the CEE, plus enlisted buildings and those purchased for major renovations or demolition.

Apathetic real estate agents and solicitors could prove costly to those trying to sell a property. Vendors should clarify whether or not they are prepared to pay the imposed fines on their behalf. 

If you need help obtaining an Energy Efficiency Certificate email Sparks.

Proposed penalties for non-compliance on Energy Efficiency Certificates

OVAVEN HAVE introduced amendments for sanctions and fines governing Energy Efficiency Certificates.

Proposed penalties are to be 300 to 600 euros for minor offenses, 601 to 1,000 euros for serious offenses, and 1001 to 6000 euros for very serious offenses. However, if the profit that the offender obtains by the offense is greater than the amount of the penalty, the fine imposed shall be for an amount equivalent of such benefit.

The new law governing Energy Efficiency Certificates on existing buildings comes into force on 1st June 2013. 

Click here to read the full article

Sparks teams up with Malimi Real Estate Agents

MALIMI COSTA Blanca S.L. offer a wide variety of professional services to the property market from real estate sales and rentals to mortgages and home services, plus all the insurance cover you are ever likely to need. Their team can guide you step by step through the legal process of buying a property on the Costa Blanca.

Owner Marijke Vanbogaert knows all about the importance of networking and building good business relationships. Since establishing the company in 2003 she became a founder member of Business Group Espana (BGE), the regions long standing business networking group.

Real estate agents interested in using a provider for the Energy Efficiency Certificate are welcome to contact us.